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A civil case won in a trial is only part of the litigation, because The judgment of the court must still be carried out. In Russia, the bailiffs are the authorized body for the execution of court decisions. These officials have the authority to collect cash and take legal action to comply with the requirements issued by the court.
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However, this procedure is not always carried out properly, in connection with which the citizens have a question of what to do if the bailiffs are inactive. This is what will be discussed in the publication, as well as where you can complain and how to punish the bailiff.
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On bailiffs who do not properly fulfill the obligations assigned to them, ignore legislative norms and regulations, or show inaction in enforcement proceedings, a citizen has the right to complain about the bailiffs to the controlling authorities.
The main reasons for applying should be:Based on the above information, a citizen whose rights have been violated has the right to write a statement to the authorized authorities with a complaint against the bailiff. How this can be done and where to go, you will learn by reading the article.
Watch the video:"Step by step plan - how to complain about the bailiff."
With the question of where to write a complaint, we figured it out. Now we should mention how this can be done. There are three options: a personal visit to the selected structure, the method of sending an e-mail or Russian post through the ordered form with a notification (keep the receipt).
The Law "On Enforcement Proceedings", in particular, states that a filed claim for inaction of bailiffs must be sent within ten days.
The countdown of the specified period starts:If this period is missed, with due respect, the applicant has the right to renew it. Accordingly, valid circumstances must be supported by evidence. This can be a train / plane / bus ticket, a certificate from a medical institution on inpatient treatment, as well as a business trip sheet.
In order for a claim to be accepted for consideration, it must be properly formatted, namely, in a written format, literate text and in an official style of presentation of the essence. When considering where to complain, it should be understood that the oral format will not take any action, because. it has no legal value.
When drafting a document to authorities that may affect a bailiff, it is necessary to rely on legislative and procedural norms, with the obligatory consideration of the above-mentioned Federal Law and the one contained therein.
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If you have certain legal knowledge and literacy, it will not be difficult to do this. By contacting the competent lawyers of this web resource, you can get a competently drawn up claim.
So, write a complaint as follows with the content of such information as:When filing a claim on behalf of a representative, a power of attorney is attached to the application.
If there is documentation relevant to the case or evidence base, it is recommended to attach it to the claim. The list of attached documents should be reflected in the text of the complaint. However, the legislator does not require the attachment of such documents when applying.
If necessary, the competent authority will send a request to the appropriate authority and receive evidence of a particular violation. In this case, the review period will be suspended until the request is answered.
If the bailiffs were inactive in relation to your case, then, as a rule, they should be influenced through the senior bailiff. It is he who is the first instance that will consider the appeal, and monitors whether it is executed or not.
Sanctions will be applied to an authorized person who performed duties in bad faith.
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And the result of the considered appeal will be the following actions:The decision of the prosecutor's office is mandatory in this case, because. it is he who instructs the contractor to take measures, and the latter undertakes to carry them out in the exact amount. The results of the work carried out are reported to the prosecutor. In addition, the powers of the prosecutor's office to call the bailiff to disciplinary responsibility.
According to the current Russian laws, bailiffs are obliged, after receiving writ of execution open production and within 2 months. start doing it. However, practice shows that this period is rarely observed and the reason is banal - a high "turnover" of personnel in these bodies. In this regard, the terms may increase, because. the case is transferred from one executor to another.
Watch the video:"Detailed consideration of the issue of forming a complaint against a bailiff for action or inaction."
Often, citizens remain dissatisfied with the judicial measures taken in relation to their personal issues. In this regard, the question arises of where to complain about the judge. We will tell you about where you can apply with such a complaint, as well as about the structure of the judicial system and the High Qualification Commission in this article.
From the point of view of the law, any actions of a judge must be conscientious and comply with accepted standards. Thus, judicial competence, along with good faith, are necessary conditions for the fulfillment of duties for the administration of justice. So before you try to write a complaint to the President against a judge, you should use other tools.
According to the Code of Ethics, in their activities, judges are required to comply with generally accepted norms of morality and morality, strictly following the oath. The judiciary unites all professional judges. Today, the High Qualification Commission is the main body that has the authority to bring citizens holding judicial office to disciplinary responsibility. It is designed to control the following stages of refereeing:
The Qualification Commission considers cases of non-compliance with laws, which are called "On the Status of Judges in Russia" and "Code of Judicial Ethics".
So the question of where to complain about the judge clears up a bit. You can complain about both action and inaction during the performance of official duties. Moreover, not only violation of the presented laws, but also non-compliance with accepted norms and morality in the framework of the administration of justice can be considered a misdemeanor.
Before thinking about where to complain about a judge, it is important to understand the difference between illegal procedural measures and the person's misbehavior. Actions must have some kind of procedural form (for example, an act or an entry in the protocol to provide an opportunity to appeal them to a higher authority).
Incorrect behavior refers primarily to the violation of moral and ethical requirements. An example in this case can be considered a rude and intolerant, as well as tactless or disrespectful attitude towards the current participants in the trial, and then the process participants will involuntarily have a question about where to complain about the judge.
Gender, racial and religious prejudices also act as inappropriate attitudes. The reason for the accusation may also be the disclosure of information that was obtained as part of the performance of duties, and the like.
So, two options for disciplinary liability can be applied to judges:
Complain directly to judicial action citizens can apply to the Qualification Commission on their own or through the chairman to suspend the powers of a judge. The commission of judges, in turn, considers the complaint independently or sends it for verification to the chairman of the corresponding higher instance. Most often, a complaint is sent to the chairman of the court for verification purposes.
In the event that a citizen has claims to the judge regarding organizational issues of work, it would be best to contact the chairman of this authority, since it is he who organizes all the activities of the instance, establishing internal regulations, and in addition, controlling their implementation. The chairman of the court also deals with the distribution of duties between his deputies and judges.
Any decision of the commission can be challenged in a specialized judicial body. It is important to note that incoming complaints must be considered no later than one month from the date of their receipt.
Applicant at the time of filing this document must provide the following information:
The complaint may be dismissed if all of the above information is not provided, and in addition, in the following situations:
A complaint about a judge's decision must be sent through the expedition in which the judge works, or directly to the Qualification Commission by mail. The chairman of the court, as well as the commission, must respond to such appeals and, as a result, raise the issue of bringing one or another official to responsibility in the presence of a disciplinary violation.
It should be noted that the very procedure for bringing judges to justice is fixed in the legislation and does not require any material costs in the form of payment of state duties, contributions and the like.
The Supreme Court of the Russian Federation (SC RF) in our country acts as a body that deals with civil cases, resolves economic, criminal, administrative and other disputes. Thus, this authority exercises, in the forms prescribed by law, judicial supervision over the performance of the activities of lower instances, and in addition, conducts procedures within its competence in the role of an appeal and cassation body.
The High Qualifications Commission of Judges consists of twenty-nine members.
Since 2002, a third of its members are members of the public. This agency is called upon to address the following issues:
In our country, all judicial bodies form the courts of the federal level and subjects. This separation is explained by the need to provide the subjects with some powers regarding the creation of justice bodies.
federal courts in Russia are the following authorities:
The courts of the constituent entities of the Russian Federation include:
The Constitutional Court is considered the highest body in criminal, civil and other cases. He exercises procedural supervision over their activities, giving clarifications on issues jurisprudence. The Supreme Arbitration Court resolves economic disputes and other cases, exercising supervision over the course of their activities on issues of judicial practice in the prescribed forms.
It should be noted that the highest judicial bodies do not have power over other courts. Within the framework of proceedings in civil and criminal cases, a specific procedure for interaction between instances of different levels has been established. The Constitutional Court and the statutory bodies of the constituent entities of Russia are also not in a relationship of power and subordination to each other. They carry out their activities within the framework of their powers, while they are not connected with each other in any way.
The courts that are part of a single system differ in the scope of their competences. The links of the judicial system are distinguished, that is, the totality of bodies that are endowed with powers that distinguish them from others, in which they can coincide in parallel with respect to each other.
Taking into account the fact that the Constitutional Court and the statutory instances of the subjects are not functionally connected with each other, they also do not form different links.
The components of the judicial structure can be identified in the bodies of general jurisdiction, for example, against the background of the consideration of criminal and civil cases, and they can also be traced in arbitration instances.
In the courts of general jurisdiction, all bodies can be divided into the following links:
Arbitration courts also have their own divisions:
Courts, among other things, are divided according to the basis of jurisdiction, which depends on what type of activity they carry out. So, within the framework of the consideration of criminal and civil processes, as well as cases of administrative violations, a judicial instance is distinguished. Such a court performs a certain function, which is associated with the consideration and resolution of cases. As part of the work of this body, cases are considered on the merits, as well as a review of the legality, along with the validity of decisions taken by other judicial bodies.
The procedural legislation distinguishes the courts of first and second instance:
Both civil and criminal cases are considered on appeal in the event that the decisions made on them by the court of first instance have not yet entered into force. The meaning of the appeal proceedings is that a re-examination and analysis of evidence is performed, and a new decision in a particular case may differ significantly from the original. Complaints against a magistrate are filed with a higher authority.
Unlike appeal actions, cassation measures imply a review of decisions in cases that have entered into legal force. In the role of the courts of cassation are bodies that are superior to the appeal. For example, in the event that a criminal case was considered in the first instance, then the judicial collegium dealing with criminal cases will act as the appellate body. The presidium of the court of the constituent entity of Russia will act as the cassation instance.
Regarding the arbitration process, the appellate courts act as bodies to verify the legality and validity of judicial acts that are adopted in the first instance. In total, twenty arbitration courts of appeal have been formed in Russia today. Each of them checks the acts that were adopted by the arbitration bodies of several constituent entities of Russia. When asked where to complain about a district judge, the answer is: to a higher authority in the manner prescribed by law.
The supervisory authority is formed by the highest judicial bodies, which are represented by the Supreme and Supreme Arbitration Courts. The presidiums of both of these instances are engaged in the implementation of verification within the framework of supervision of the acts and decisions of all other bodies that have entered into legal force.
In this article, lawyer Alexei Knyazev answers the popular question: “Who oversees the work of bailiffs?”
Article 19. Responsibility of bailiffs, supervision and control over their activities
Federal Law No. 194-FZ of July 19, 2009 amended Item 1 of Article 19 of this Federal Law
1. Decisions, actions (inaction) of the bailiff may be appealed to a higher official or to the court. Filing a complaint with a higher official is not an obstacle to going to court.
2. The bailiff is responsible for misconduct and offenses in accordance with the legislation of the Russian Federation.
3. Damage caused by a bailiff to citizens and organizations is subject to compensation in the manner prescribed by the civil legislation of the Russian Federation.
4. Supervision of the implementation of laws in the implementation bailiffs their functions in accordance with the Federal Law "On the Prosecutor's Office of the Russian Federation" are carried out by the Prosecutor General of the Russian Federation and prosecutors subordinate to him.
See comments to Article 19 of this Federal Law
The actions of the FSSP employees in the performance of their assigned duties are subject to control on the basis of the provisions of Article 19 of the Law on Bailiffs. It is carried out by the Prosecutor General's Office and lower-level employees of the relevant departments.
Based on the provisions of chapter 3 of the Federal Law-2202-1 of 17.01.1992. the obligation to supervise the implementation of legislative acts by the services that carry out the operational-search activity, inquiry and preliminary investigation.
In addition, there are various departmental acts that prosecutors should be guided by in the exercise of control functions for the implementation of the law by FSSP employees.
One of these documents is the order of the Prosecutor General's Office of the Russian Federation dated April 25, 1999 No. No. 19/38 “On measures to ensure prosecutorial supervision ... foreclosure on property for mobilization purposes”, as well as No. 155/7 of 12.05.2009. "About the organization ...".
Execution control official duties by employees is one of the types of surveillance by the relevant organizations over the fulfillment of legal requirements by employees of the service in the implementation of court decisions, in particular, and the confiscation of assets.
Employees of the prosecutor's office are vested with powers that give them methods of influencing employees of the service if they violate the powers and interests of various subjects. Such a procedure raises the degree of confidence in the judicial system, improving it and developing the activities of employees, as well as ensuring law and order in the conduct of legal proceedings.
The Prosecutor General oversees:
In accordance with the Law "On the Prosecutor's Office of the Russian Federation" (hereinafter - the law), its employees perform control functions over the fulfillment of the requirements legislative framework performers in the performance of their duties.
Supervisory measures for the activity of service employees are carried out on:
The main control functions are:
The objects of prosecutorial control include:
When implementing measures to enforce court verdicts, the following actions are subject to control:
ATTENTION! Bailiffs are obliged to follow the decisions allowed by the legal framework of Russia, and not to exceed the possibilities at their discretion.
If violations are found in the actions of FSSP employees, the prosecutor's worker has the right to:
The powers of the prosecutor include:
Such powers allow to supervise the legality of the actions of subordinate units.
The effectiveness of the actions taken to comply with the provisions of the regulatory framework by bailiffs depends on the specific planning of measures determined by the employees of the structure.
ATTENTION! For a good organization of work, it is necessary to have high level knowledge of the current legislation, as well as know the practice of its application. Therefore, employees of the structure constantly improve their skills.
To do this, assistant prosecutors or his deputies:
The following steps may be taken during audits:
IMPORTANT! When determining measures of influence, the prosecutor has the right to be guided by the norms of the Law and acts of the Prosecutor General's Office and proceed from legitimate considerations in the eradication of offenses, taking into account the prevailing conditions.
Supervision over the legality of the official activities of the executors of court verdicts is an important function of the social and legal life of the country's population. The overall peace of mind of citizens and the quality of their life in the state depend on the quality of detecting crimes and the speed of responding to them.
The actions of bailiffs are regulated by law. For illegal or contrary to the law actions of the bailiff, punishment is due, in the same way as for inaction. All that is needed to do justice is to prove the guilt of the bailiff to the prosecutor, and an experienced lawyer will help restore justice. His qualifications include providing services for drafting a complaint, as well as assisting in the formation of the applicant's legal position.
A bailiff is an official appointed by law who exercises control over compliance with a court decision and acts as a bailiff, is a guarantor of the fulfillment by the defendant of all points of the decision.
In order to increase the effectiveness of the implementation of prosecutorial supervision over the implementation of legislation regulating the activities of bailiffs, in connection with the entry into force of the Federal Law of October 2, 2007 No. 229-FZ "On enforcement proceedings", as well as amending the Code of Criminal Procedure of the Russian Federation, guided by Art.
In connection with the transition to new market relations, the problem of the execution of judicial acts and acts of other bodies in the field of such offenses as property, family, labor, administrative, etc. becomes more and more urgent.
Poor executive discipline is extremely expensive as individuals, and society as a whole, reduces the effectiveness of the functioning of the judicial system. In the 1990s a set of measures was taken to reform the enforcement proceedings in the country. Institute abolished bailiffs.
Bailiff Service of the Ministry of Justice of the Russian Federation. The Ministry of Justice of the Russian Federation has created and operates a service of bailiffs, the purpose of which is to ensure compliance with order in court hearings and the execution of court decisions. The bailiff service is intended to replace the current district courts bailiffs, whose work in the conditions of a sharp increase in the volume of judicial activity and, accordingly, court decisions, as well as opposition to their execution, turned out to be ineffective.
The bailiff service is organized and operates in accordance with federal laws"On Bailiffs" and "On Enforcement Proceedings". This service includes: The Chief Bailiff of the Russian Federation, who is the Deputy Minister of Justice of the Russian Federation.
The division of bailiffs on a functional basis into two categories, of course, predetermines certain differences in the powers of prosecutors to oversee the implementation of laws by certain bailiffs.
But he does not have the authority to verify the legality of court orders, decisions, the execution of which is charged with the duty of the relevant bailiff, since the activities of the courts are not included in the subject of prosecutorial supervision.
Often, citizens complain about the arrest of the account by bailiffs, to which child benefits come from the federal budget.
In this article, we will consider whether the actions of bailiffs are legal in this case and find out when and for what the FSSP can arrest accounts. Bailiffs can seize the account in cases of non-payment of taxes and utility bills, as well as in case of non-fulfillment of their credit obligations.
It should be noted that the arrest of the account by bailiffs does not occur spontaneously. The FSSP freezes the account only after a court decision has been issued. After the court has issued a ruling, the bailiffs submit requests to banks about the debtor's accounts.
If there are already funds in these accounts, they are debited to pay off the debt.
This video will help you better understand the procedure.