The draft laws propose to exclude the judicial procedure and transfer the power to substitute a party for a claimant to a bailiff executor whose proceedings include enforcement proceedings instituted on the basis of a judicial act. The possibility of applying the simplified procedure of legal succession is also intended to be extended to the realisation of the rights of the claimant to replace him before enforcement proceedings are initiated. The draft provides that the legal successor of a claimant must attach to an application for the institution of enforcement proceedings documents of title certifying legal succession in the form of a merger, consolidation or transformation. 

Corresponding amendments in the case of retirement of a party to enforcement proceedings in connection with its reorganisation in the form of merger, consolidation and (or) transformation are also proposed to be made to Article 44 of the Code of Civil Procedure of the Russian Federation and Article 48 of the Code of Arbitration Procedure of the Russian Federation regulating the procedure for procedural succession. 

The initiative to amend the law is due to the desire not only to reduce the burden on the judicial system, but also to minimise violations of the rights of the parties to enforcement proceedings in the event of delay in the judicial process of replacing the claimant with its legal successor. 

The initiative to amend the law is due to the desire not only to reduce the burden on the judicial system, but also to minimise violations of the rights of the parties to enforcement proceedings in the event that the judicial process of replacing a claimant with its legal successor is delayed. 

In case of transfer of these powers to a bailiff, the term for consideration of an application for succession in enforcement proceedings will not exceed 10 working days from the date of receipt of the application (part 5 of Article 64.1 of the Law on Enforcement Proceedings). Further, a copy of the resolution on replacement of a party to enforcement proceedings by a legal successor shall be sent to all participants (part 3 of Article 52 of the Law on Enforcement Proceedings). 

The amendments submitted to the legislature will indeed facilitate the procedure of ‘technical’ replacement of a party to enforcement proceedings in the event of its reorganisation. An important role in this case is played by the time limits, due to the reduction of which it will be possible to perform enforcement actions more effectively and in a more timely manner in respect of the new party of the claimant.

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