A Russian bailiff’s enforcement fee should not automatically be treated as the principal debt on the enforcement document. The bailiff order, notice, voluntary-compliance period, basis of assessment and stage of bankruptcy matter.
Obtain the order
Check the separate enforcement-fee order, not only the enforcement-case card.
Timing matters
Review notice and the voluntary-compliance period.
Dates determine treatment
Distinguish the basis, origination date and procedural status of each amount in bankruptcy.
Amounts that should be kept separate
| Amount | Basis | Request |
|---|---|---|
| Principal debt | Judgment or other enforcement document | Copy and calculation |
| Enforcement fee | Bailiff order | Order, notice and calculation |
| Enforcement expenses | Specific enforcement action | Expense records |
| Current payments | Accrued after a legally relevant event | Date and legal classification |
Quick document check
Mark documents already obtained.
Review sequence
Download orders
Save bailiff documents and their receipt dates.
Check notice
Identify how the voluntary-compliance period was provided.
Separate amounts
Do not merge principal, fee, expenses and possible current payments.
Compare bankruptcy dates
Identify when each obligation arose and which procedure applies.
Use the lawful remedy
Deadline and appeal mechanism follow the documents and statute.
Frequently asked questions
Is an enforcement fee always discharged?
There is no universal result: basis, date, stage and case orders matter.
Is the FSSP website amount enough?
No. Obtain the order, calculation and notice record.
Can the amount be challenged?
The law provides procedures, but timing and grounds depend on documents.
Is the fee the same as the principal?
No. It is a separate public-law amount arising under Law No. 229-FZ.
Primary sources
- Enforcement Proceedings Law No. 229-FZ, Articles 112 and 121
- Federal Bailiff Service
- Insolvency Law No. 127-FZ
- Russian public-services portal
Related guidance
Enforcement in bankruptcy · Judgment debt · Russian personal bankruptcy
Need to check an enforcement-fee order?
Compare the order, notice, calculation and dates with the bankruptcy case.
INITIAL CONSULTATIONReview an Enforcement Fee Through Its Separate Bailiff Order
| Review | Record | Question |
|---|---|---|
| Principal debt | Enforcement writ | Was it discharged |
| Fee | Bailiff order | When and why imposed |
| Voluntary period | Service evidence | Was notice received |
| Closure | Closure order | How fee was addressed |
| New collection | Separate number | What legal basis |
Request both orders
Do not merge principal enforcement and fee.
Check service
The voluntary period depends on notification.
Compare dates
The bankruptcy stage affects the enforcement route.
Closing the Main File May Be Followed by Separate Fee Enforcement
Article 47 of Federal Law No. 229-FZ contains special treatment for an unpaid enforcement fee after closure of the main proceeding. It is therefore unsafe to promise that every fee entry disappears automatically with the credit. The fee order, service, amount and further enforceability require separate review, including the consequences of Article 213.28 of Federal Law No. 127-FZ and the actual closure ground. The practical route starts with records rather than an oral request: the final commercial-court order, case docket, bailiff order, enforcement number, bank statement and proof that an application was delivered. Read the operative part to confirm whether discharge was granted and whether any claim was reserved. Match every enforcement writ to its creditor, legal basis, origination date and debt category. Maintenance, personal-injury compensation, current liabilities and other surviving claims cannot be closed automatically by citing general case completion. The enforcement database, a bank freeze and a travel restriction may update on different timelines, so review each system separately. State a precise remedy in writing: close the proceeding, revoke a named measure, return an incorrect deduction or explain the legal basis for continuing. Retain receipt evidence and verify the outcome again. This guide does not replace analysis of the final order and the particular writ.
Fee Review
🧮 Enforcement-fee amount and calculation in 2026
This new section was checked on 25 October 2026. The existing document and bankruptcy-outcome review has been retained.
Under the effective Article 112(3) of Law No. 229-FZ, a property enforcement fee is 12% of the amount to be collected or the value of the property, with a RUB 2,000 minimum for an individual or individual entrepreneur. The organisation minimum is RUB 20,000. A non-property enforcement document has separate fixed amounts: RUB 10,000 for an individual/entrepreneur and RUB 100,000 for an organisation. These changes were made by Law No. 563-FZ of 29 December 2025, effective from 9 January 2026.
| Hypothetical facts | Arithmetic | Limit |
|---|---|---|
| RUB 500,000 monetary enforcement against an individual; current rate applies | 500,000 × 12% = RUB 60,000 | Assessment grounds and statutory exceptions still need review |
| RUB 10,000 monetary enforcement; individual minimum applies | 10,000 × 12% = RUB 1,200; minimum: RUB 2,000 | A smaller percentage figure does not displace the minimum |
| The court finds grounds for the maximum quarter reduction of a RUB 60,000 fee | 60,000 × 25% = RUB 15,000; balance: RUB 45,000 | Reduction needs a court decision and is not guaranteed |
Separate three tasks
- Review legality. Obtain the order, service evidence, calculation and performance records. Identify the disputed calculation item or assessment condition.
- Select a distinct remedy. Article 112(6)–(7) provides judicial challenge, deferral, instalments, reduction and exemption. Reduction is capped at a quarter; exemption has a separate ground linked to the absence of civil-law liability grounds.
- Document the procedural event. Under paragraph 8, collection suspension depends on the court accepting the relevant application or claim. Merely sending documents does not establish acceptance.
Drafting framework
“Enforcement-fee order [number] dated [date] was received on [date, method]. The bailiff’s calculation is [base, rate, amount]. My grounds are [error or circumstances supporting the chosen remedy]. I request [one precisely selected remedy]. Supporting records: [list].”
Choose the filing form, competent court and deadline according to the remedy. Prepare a chronology covering commencement, order receipt, expiry of the voluntary period, payments and bankruptcy orders. The FSSP case card helps identify the proceeding but does not replace those records.
Does bankruptcy alone give me a 25% reduction?
No automatic discount applies. The court assesses the statutory circumstances. Separately establish the bankruptcy consequences for the particular amount and collection basis.
Primary sources for this section: Law No. 229-FZ, Article 112(3), (6)–(8); Law No. 563-FZ text.
⚖ When a fee survives bankruptcy: separate classification
Clarification checked on 26 October 2026.
Paragraph 17 of Supreme Commercial Court Plenum Resolution No. 59 of 23 July 2009 treats an enforcement fee as a mandatory payment of a penal nature. The authorised authority, the Federal Tax Service, represents the relevant bankruptcy claim. A registered claim follows Article 137(3), rather than merging the sanction with an ordinary principal debt.
A later order does not automatically make a fee current. Article 5 requires identifying when the obligation arose: its assessment ground, expiry of voluntary compliance and bankruptcy dates. An FSSP database update is not a substitute. Article 213.28(3) provides general discharge, subject to exceptions in paragraphs 4–6; genuine current claims survive. Compare the particular fee with the final court order instead of promising either universal discharge or universal continued collection.
Distinguish cancellation of the order, reduction, judicial exemption and return of money already paid. Article 112(9)–(10) provides refund grounds. Completion of bankruptcy alone does not mean all amounts lawfully collected beforehand must be returned. Select a precise remedy supported by documents and retain delivery evidence.
What should I request if separate fee enforcement remains after bankruptcy?
The principal and fee orders, a balance calculation reflecting payments, service evidence and the complete final bankruptcy order. Request the specific legal ground for continued collection in light of discharge or an exception. If unsupported, select the appropriate challenge procedure and deadline; a request to the bailiff does not replace court proceedings.
Sources for this clarification: Plenum Resolution No. 59, paragraph 17; Article 5, Article 213.28; Article 112 of Law No. 229-FZ. Effective versions checked on 26 October 2026 were used.