A bailiff is a civil servant whose duties include the enforcement of court decisions and orders.
Work at bailiffs ungrateful. It is they who, by a court decision, freeze accounts due to non-payment of a loan, impose restrictions on traveling abroad, write off from a bank card to pay traffic police fines or unpaid alimony, seize cars and real estate in case of non-payment of a loan.
In this article, we will figure out who the bailiffs are, what they rely on when performing their official duties, what rights they are endowed with and how to counter the illegal actions of employees of this state body. In addition, we will try to understand what benefits can be derived from cooperation with bailiffs.
FSSP RF is the Federal Bailiff Service Russian Federation. An executive body that is part of the unified system of the Ministry of Justice.
The main functions of the bailiff service:
Structurally, the federal bailiff service consists of the following items:
1 of the Central Office of the FSSP of Russia;
2 Territorial bodies, which are divided into districts (8 districts in total). The territorial bodies include GOSP (city departments of bailiffs) and ROSP (district departments of bailiffs).
In our time, bailiff units are an ordinary attribute of state power in the regions, the same as courts, prosecutors, police, tax authorities and other public authorities.
Representation abroad and subordinate government bodies The FSSP has no power.
This subdivision in the structure of executive power, in its usual form, was formed as a result of the reform of the Ministry of Justice. Regulations on the Federal Bailiffs Service of the Russian Federation, approved by Decree of the President of the Russian Federation on October 13, 2004. But, despite the relatively short period of activity, this service and profession has very deep historical roots. The history of the emergence of this profession begins its countdown from the 11th-12th centuries. AD
The first historical references to bailiffs can be found in Russkaya Pravda and in the annals of the Novgorod feudal republic and in the Sudebnik of 1479. Despite the fact that the title of the position sounded different (youths, swordsmen, children's, podvoi, etc.), the essence of their powers did not change and was the execution of monetary penalties by court decision.
The situation changed in the 17th century, when, after the adoption by the Zemsky Sobor of the Council Code of 1649, the ratio between property and corporal punishment changed sharply towards an increase in the latter. The need for a specialist to collect fines and penalties gradually faded away, and at the beginning of the 18th century, the police were given the powers of bailiffs.
In 1864, Emperor Alexander II carried out a series of reforms that radically changed the situation. It was decided to revive the institution of bailiffs. Later, a system of bailiffs was formed: there were private bailiffs, city investigative bailiffs, and judicial ones.
The powers of the bailiffs included: drive, notification, receipt of funds from the debtor before the court decision (why not?), execution of court decisions, delivery of subpoenas and documents to the parties to the proceedings court cases.
Upon entering the sovereign's service, the bailiff received a badge, a seal and three laced books. Book of accounting for incoming documents, outgoing, and cash income and expense book.
The trial period was 1 year. A candidate for the position paid a security deposit of 600 rubles, a contribution that was a guarantor of compensation for losses from illegal actions of the bailiff. Upon taking office, the bailiff took an oath. It was impossible to change the place of residence of the bailiff without obtaining the permission of the chairman of the court, and the monetary allowance was the smallest in the office of the court. The annual allowance, together with food and housing, was 600 rubles.
In 1917, by the Decree of People's Commissars "On the Court", the system of bailiffs was abolished along with the institution of magistrates and district courts.
Radical economic changes in the state at the end of the 20th century prompted a review of the judicial system. With the adoption in 1997 of the laws "On Bailiffs" and "On Enforcement Proceedings", the formation of the bailiff service began. Now, the Federal Bailiff Service has become part of the unified system of the Ministry of Justice and is an agency that covers all regions of the Russian Federation and provides enforcement proceedings.
Any citizen of the Russian Federation who has a higher legal or economic Education, over 21 years of age. The future bailiff must not have a criminal record, including an expired one. The applicant for the position and his immediate family should not have debts.
You can view the qualification requirements for candidates for the position of the FSSP on the official website of the FSSP of the Russian Federation, here you can also familiarize yourself with the hierarchy of positions in the FSSP.
Depending on the duties assigned to the FSSP employee, bailiffs are divided into categories:
1 bailiffs- these are bailiffs who carry out court decisions;
2 bailiffs for OUPDS(ensuring the established procedure for the activities of the courts) - these persons monitor the observance of law and order in the courts, are accompanying bailiffs when traveling to the addresses of debtors, search for debtors, and so on.
Let's take a closer look at the first category, since people often have to deal with them.
bailiff - this is an official whose main duty is the execution of decisions of the court, as well as other government bodies and officials that have entered into force.
The bailiff is engaged in the forcible seizure of funds, which includes the detection, arrest and retention of funds in the debtor's bank accounts, as well as the arrest, evaluation and transfer for sale of the debtor's property, with subsequent repayment of the debt.
The bailiff does not sell the debtor's property on his own. He can only arrest him, and if there is a suspicion that the property may be lost, sold or damaged, he seizes it and transfers it for safekeeping to organizations with which the bailiffs have concluded storage agreements.
There are special methodologies for calculating the valuation in NGN. Property is valued on the basis of its technical condition and external signs. If, according to a preliminary assessment, the value of the debtor's property is more than 30 thousand rubles, then the involvement of a specialist appraiser is mandatory.
After 10 days, during which it is possible to appeal against the decision on arrest, a decision is made on the sale of the arrested property and the package of documents is transferred to the Federal Property Management Agency. The Federal Property Management Agency conducts auctions both independently and using contractual relations with organizations involved in the sale of property. The rules for the sale of the debtor's property are prescribed in Article 87 of the Law "On Enforcement Proceedings".
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After the announcement of the sale is published in the media, the property is put up for auction. If the seized property was sold at the auction, then within 5 days, the money will go to the account of the bailiffs, and they, in turn, will transfer them to the claimant.
In order to expedite the fulfillment of the requirements for an ID (executive document), bailiffs have the right to apply a number of incentive measures. These are, for example, restrictions on travel outside the borders of the Russian Federation, a ban on the sale, donation (alienation) of movable and real estate, a ban on obtaining a passport and others.
Purpose of performance - the maximum possible satisfaction of the interests of the claimant, which are based on the executive document. At the same time, observance of the rights and legitimate interests of citizens and organizations, including the interests of the debtor, is mandatory.
What is an executive document, you can find out by referring to Article 12 of the Federal Law "On Enforcement Proceedings" dated 02.10.2007
What documents are the reason for initiating enforcement proceedings by bailiffs:
Features of the legal status (a set of rights and obligations) of this representative of power are determined by the legal norms that regulate the issues of enforcement proceedings:
In addition, such documents include a number of local acts of the Ministry of Justice of the Russian Federation.
In carrying out his official duties, the bailiff represents the executive branch of government, and therefore, his requirements are mandatory and disobedience to them threatens with administrative responsibility. Failure to comply with the requirements of the bailiff entails the imposition of a fine. The amount will be from 1 to 2.5 thousand rubles. A fine can also be issued for other violations (did not notify of dismissal from work, concealed information important for enforcement proceedings, etc.) under Part 1 of Art. 17.14 Administrative Code of the Russian Federation. In addition, by obstructing the work of the bailiff, you are trying to influence the course of enforcement proceedings, criminal liability is provided for this (Chapters 30 and 31 of the Criminal Code of the Russian Federation).
Describing the competence of the bailiff, it is necessary to point out their mandatory feature - territoriality. That is, the execution is carried out precisely by the structural unit of the FSSP, which is assigned to the territory in which the debtor lives, is located, and is registered.
The powers of bailiffs in relation to debtors are very wide, which allows them to successfully achieve the implementation of the requirements of executive documents. Powers are the rights with which an official is vested in the performance of the duties assigned to him.
The rights and obligations of the bailiff are regulated by Article 12 federal law"On bailiffs" of 21.07.1997 N 118-FZ.
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The list of rights is exhaustive, that is, it is a limited law. Another thing is that some of the wording of the law can be interpreted ambiguously, but this is not the fault of the bailiffs, but shortcomings in lawmaking.
So, the bailiff has the right:
The press service of the UFSSP for Komi published interesting facts about its activities
As a result of executive actions, FSSP employees collected and transferred 2 billion 197 million rubles to recoverers during the year. The largest amount, more than 1 billion rubles, is the tax debt of the Ukhta organization. The smallest debt - 1 kopeck was collected by the bailiffs of Vorkuta in favor of the Pension Fund.
The amount of the debt, due to which a resident of Sosnogorsk was limited in the right to travel outside the Russian Federation, amounted to 184 rubles 80 kopecks.
The bailiffs of Ukhta set the minimum value of the seized property - 20 rubles for "a black iron, covered with dust in places, in working condition, the sole of the iron has minor scratches" (for a debt of 100 rubles).
Bailiffs of the Kortkeros district arrested 17 cows of the debtor.
A resident of Inta, being the responsible custodian of the arrested mobile phone LG, transferred the seized property for use to a third party, for which he was prosecuted under Art. 312 of the Criminal Code of the Russian Federation.
The strangest document to be executed was the decision of the Syktyvkar city court: to eliminate the noise from the operation of an aquarium compressor located in a residential area.
On the basis of Article 19 of the Federal Law "On bailiffs" dated July 21, 1997 N 118-FZ, control and supervision over the activities of bailiffs is carried out by higher officials of the court and the prosecutor's office.
To the senior bailiff (head of this structural unit FSSP) and the court, you can appeal against the decisions of the bailiff, his actions or inaction. Moreover, if you have already written a complaint to a higher official, this is not an obstacle to going to court.
The prosecutor's office has the right to exercise supervision over the execution of laws in the execution of bailiffs-executors of their official duties.
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The harm caused by illegal actions or inaction of bailiffs will be compensated at the expense of the treasury of the Russian Federation, in accordance with Article 1069 of the Civil Code of the Russian Federation.
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Unfortunately, the reality is that bailiffs often exceed their powers, or treat the regulations of the recovery procedure carelessly. It is difficult to say what is the reason for such violations. One of the reasons may be the huge workload of ordinary employees of the FSSP.
At one of the forums, a former employee of the FSSP shared his impressions of working in the GOSP (city department of bailiffs) of St. Petersburg.
Even by controlling the payment of obligations and fines, you can make a delay, become a defendant in a civil or administrative case. Timely verification of FSSP debt will avoid payment executive fee, penalties, seizure of property, deprivation of rights and a ban on traveling abroad. On our website, you can use convenient online services that allow you to get information about debt without leaving your home.
The most objective way to find out your debt in enforcement proceedings is a personal appeal to the bailiffs. To do this, you need to know in which unit the case is being conducted, which of the FSSP officials is authorized to provide such information. If you have not received subpoenas or orders to initiate proceedings, you can miss the time to appeal, the deadline for voluntary repayment of the debt.
In addition to a personal visit to the bailiffs, you can check the debt of the FSSP of Russia through online services. Depending on the nature of the obligations, you can:
In order not to search for information on different portals by filling out many forms, you can use the online services on our website. You can check the FSSP debt by last name, TIN, date of birth, and other data. Information about the debt will fully comply with the official data of state bodies.
The debt in the FSSP is reflected in the official databases immediately after the initiation of enforcement proceedings. The bailiff issues the relevant decision at the request of the claimant, sends the document to the participants in the case. Failure to receive a resolution does not release from the obligation to repay the debt. Therefore, having received information about the debt in a timely manner, you can quickly pay it off, prevent or remove the seizure of property, unblock accounts and cards, and avoid other problems.
One of the mandatory identifiers of a person's identity is a surname. This data is also used when issuing writ of execution, initiation of proceedings in the FSSP. To find out the debt by last name through our service, you also need to know the first name. The form also contains information about the region. It is advisable to indicate the date of birth in order to exclude coincidences with namesakes.
For legal entities, one of the mandatory identifiers is the TIN. To check the debt of an enterprise in the FSSP, you need to find out its exact name by TIN. Such data is available on the website. tax service. The name of the organization and the region of its activity must be indicated in the form on our website, to obtain data on current debts in enforcement proceedings.
You can only get information about debts on taxes and fees. It is possible to search for debts by TIN through the Taxpayer's Personal Account. This information may not coincide with the database of bailiffs, since it is possible to find out the debt of the FSSP through the site only through initiated enforcement proceedings.
Through our services or on the website of bailiffs, you can not only check the FSSP debt, but also control its repayment. After deductions of any amount, the bailiffs are required to make appropriate changes to the database of debtors. This information may not be updated instantly, but after a few days. If a lot of time has passed since the moment of payment (for example, several weeks), and the previous debt is still hanging in the Database, ask the bailiff for clarifications, or appeal against their actions.
Check the debt in the FSSP
How to find out the debt if you know for sure that enforcement proceedings have been initiated, but online services do not provide information? This is possible if the bailiffs did not enter information into the Debtors Database, or mistakenly indicated another person there. In this case, you can find out the debt to the bailiffs through the official in charge of the case.
On our website you can find contact and address details, phone numbers of all departments and divisions of the FSSP. This information can be used to send a written request or a personal appeal to bailiffs. You cannot find out the debt by calling the FSSP, as this does not allow you to identify a person. In a personal appeal, you are obliged not only to inform about all the proceedings initiated, but also to give you the opportunity to familiarize yourself with the case. You can find all the necessary statements on our website.
You can check the debt through the FSSP of Russia website, but this information will not be complete. Only our services are given the opportunity to make sure that there are no fines from the traffic police, to check the prohibitions and restrictions imposed on the debtor. Even more convenient, you can immediately pay off the debt without visiting the bank or bailiffs. For any questions that arise, our lawyers will provide free consultation, explain the procedure for enforcement proceedings, the rules for filing complaints against officials of the FSSP.
Find out your debt right now! To do this, it is enough to indicate the surname and name, region of residence and date of birth. We guarantee the confidentiality of the information you provide in the search form.
Litigation debt you can pay:
The record of your debt in the "Data Bank of Enforcement Proceedings" will be deleted or changed (in case of partial repayment of the debt) within 3-7 days from the date of payment.
More information about the One-Click Payments service can be found in the instructions on the website;
The record of your debt in the "Data Bank of Enforcement Proceedings" will be deleted or changed (in the case of partial repayment of the debt) within three to seven days from the date of payment.
In case of non-payment of debts established by the court, property, funds and other valuables on the accounts and deposits of the debtor may be seized.
In some cases, the debtor may also be subject to criminal prosecution ( maximum punishment three years in prison). Criminal liability is provided for the following actions:
You may not be allowed to go abroad if you have not fulfilled within the prescribed period:
A bailiff can revoke your right to drive vehicle if you have debts for enforcement proceedings in the amount of more than 10 thousand rubles:
The prohibition is valid until the requirements of the executive document are fulfilled in full or until there are grounds for canceling such a restriction.
However, this restriction may not apply if:
This service allows you to check an individual for the presence of enforcement proceedings and debts on the basis of the Federal Bailiff Service. To check, you must enter the full name and date of birth, as well as select the region of registration of the person being checked. You can get information quickly and anonymously, both in relation to yourself and other individuals. How to check a person on the database of bailiffs In order to verify an individual, it is necessary to fill in the fields of the submitted form with the relevant data. Verification can be carried out even on incomplete data of a person. In this case, its result will be a list of all persons corresponding to the entered parameters. After filling in the form fields, you need to click the “Check” button and wait for the results. Verification is carried out according to the most relevant and reliable sources. The result is provided within a few seconds. If the person being checked has no debts to the FSSP, and enforcement proceedings have not been initiated against him, as a result of the check, the system will issue an appropriate message. What information can be obtained The result of the check is a table containing the following information about the person being checked: - Full name of the debtor and his date of birth; - Number and date of commencement of enforcement proceedings; - Data of the executive document; - Address and phone number of the FSSP branch at the debtor's place of residence; - Surname and telephone number of the bailiff. The information in the database is regularly updated and expanded. Verification can be carried out against individuals registered in any region of the Russian Federation.
