22.12.08

Courts only have the right to block freeze current assets of a debtor, but not assets earned in the future. This is stated in the ruling of the Federal Antimonopoly Service of the Ural District from October 22, 2008 # F09-7707/08-S1.

As can be seen from the record, representatives of Sverdlovsk Federal Bailiff's Service ordered to block 86 million rubles in funds in a debtor’s account. As the account balance was currently zero, the bailiffs ordered the bank to “seize the money coming into the account until the amount blocked of the aforementioned size is obtained.”

The court, however, found that approach wrong. In their verdict, they pointed out that according to Article 69 of the Law “On Enforcement Proceedings” # 229-FZ from October 2, 2007 and Article 27 of the Law «On Banks and Banking Activities» #395-1 from December 2, 1990, one can block only those amounts that are in a bank or other credit organizations. “Thus, the seizure money not available at the time of the arrest, but available in the future is not provided by law,” the court stated.

Read More about Legal Services from Alinga Consulting Group

Source: ИА "ФАФИ"