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Rights and responsibilities of the federal bailiff service. What bailiffs can take for credit debts. How does collection occur?

If the case of debt collection has reached the court, then rest assured that the bailiffs will handle the collection. Their powers are quite broad and are based on the laws of our country. But not all executors conscientiously perform their duty and may exceed their powers, thereby violating the rights of the defendant. So, what rights of bailiffs to collect a debt should the defendant know.

Bailiff's Certificate

How did the debt get to the bailiff?

In our time, few people can live without debts; some have not repaid a loan or loan; others owe money for housing and communal services or have fines from the traffic police. But everyone will still have to pay their bills, because all problematic penalties are referred to the court for consideration. After a court decision is made on the debt, the writ of execution is sent to the Federal Bailiff Service.

The bailiff initiates enforcement proceedings. After which the defendant there are 5 days for voluntary payment of debts. And if he categorically disagrees with the debts, then he has the right to go to court and appeal the decision. By the way? In court, you can ask for a deferment or installment plan if it is not possible to pay the debt in full.

The court will refuse the request for a postponement if the plaintiff is not satisfied with these conditions.

The legislative framework

The bailiff is indeed endowed with quite a lot of powers, which frightens debtors. But they all have legal grounds and are spelled out in the following acts:

  • Code of Administrative Offenses of the Russian Federation;
  • Constitution of the Russian Federation;
  • Regulations on the Federal Bailiff Service;
  • Regulatory acts of the Ministry of Justice;
  • Civil Code;
  • Federal Law No. 135 “On Estimated Value”;
  • Federal Law No. 118 “On Bailiffs”.

This is not the entire list of legislative acts that describe in detail the powers of bailiffs when collecting debt, which frightens most defendants. But the debtor also has his own rights, which he must be aware of.

How the debt is collected from the defendant

There is a list of duties of the bailiff, according to which he executes the court order:

  1. Checks the debtor's bank accounts, whether he has deposits, shares and other financial assets, as well as whether he owns movable and immovable property, for example, vehicles.
  2. Sends a summons to the defendant to appear at the FSSP office.
  3. The bailiff has the right to demand a declaration of property from the debtor. For providing false information, criminal liability arises, for which there is a a fine of up to 100,000 rubles or compulsory work for a period of 180 hours.
  4. A bailiff can put a debtor on the wanted list if he evades obligations or his property, although until 2011 this was done by police officers.
  5. The bailiff has the authority to enter the defendant’s home and even open it.
  6. The executor has the right to carry out an inventory of the property and its seizure with subsequent sale.
  7. Since 2015, it has been possible to seize the debtor’s only home.
    The bailiff is authorized to seize the debtor's bank accounts and write off funds from them to transfer them to the plaintiff. It may also seize part of your wages or other income.
  8. The bailiff may restrict the debtor from traveling abroad or deprive him of the right to drive a vehicle until full payment is made. This is done only if the amount of debt more than 10,000 rubles.

The debtor should not shirk obligations so as not to aggravate his situation.

Note for debtors

What a bailiff should not do

Below is a list of examples when bailiffs violate the rights of the defendant:

  1. They describe and seize those items that they do not have the right to seize (the list is presented below).
  2. Child or social benefits are subject to collection.
  3. The arrest is not made according to the norms established by law.
  4. During the inventory of property, the debtor and two witnesses are not present.
  5. The contractor did not provide the defendant with a period for voluntary fulfillment of obligations.
  6. Property that did not belong to the debtor was seized.

The debtor can appeal the seizure of property within 10 days if his rights have been violated.

Defendant's rights

If the seizure of property could not be avoided, the debtor has the right to redeem it. After all, the seized property is put up for sale at auction, and at a low price, so the defendant can act as a buyer; no one can deprive him of these rights.

During enforcement proceedings, the defendant has the right to receive all documents, including making copies for himself. He can also appeal the bailiff’s decision if his property was given a biased assessment; for this, he can insist on an independent examination. At the stage of inventorying the property, the defendant can come to an amicable agreement with the plaintiff, provide evidence of financial insolvency, and ask for an installment plan for the debt.

For any action of the bailiff, you can file a complaint with the management, and if they do not respond, then to the court.

What bailiffs cannot take from a debtor

The first thing that bailiffs cannot do is to foreclose on property whose value exceeds the debt. For example, if the debt is 50 thousand rubles, then they will not be able to sell a car worth 10 times more.

There is also a list of items that are not subject to seizure:

  • clothing and shoes;
  • Food;
  • livestock;
  • necessary furniture and household appliances;
  • a car if it is the only source of income;
  • personal hygiene items;
  • property that is necessary for earning money;
  • items not belonging to the defendant;
  • state awards and prizes.

The first thing that falls under the inventory is luxury items, that is, jewelry and other valuable things. Equipment such as a TV, computer, laptop, washing machine and microwave oven are considered luxury items and are subject to seizure. And if the bailiff described property that, for one reason or another, is vitally necessary for the defendant, then you can go to court.

Inventory of property

In general, the duties of the bailiff to collect the debt are to force the debtor to fulfill his obligations by any means. Despite the fact that the defendant has certain rights, he will definitely have to pay off his debts, and it is advisable not to bring the matter to court.

The rights and duties of bailiffs are regulated by the federal laws “On Enforcement Proceedings” and “On Bailiffs”. A bailiff is an employee of the Federal Bailiff Service, and the FSSP is an executive body through which court decisions are executed. An FSSP employee is vested with great powers, but at the same time there are a number of responsibilities that must be strictly fulfilled by him. This article will discuss what rights and responsibilities a bailiff has.

Legal responsibilities of FSSP employees

In Russian legislation, bailiffs are divided into bailiffs, who ensure the established procedure for the activities of courts, and into bailiffs. Citizens usually encounter bailiffs. Their professional activity is to legally and promptly implement court decisions.

Bailiffs are obliged to:

  • Comply with the Constitution of the Russian Federation and support the constitutional order.
  • Execute orders and instructions of higher authorized persons within the framework of the law.
  • Execute requests for executive documents in a timely manner.
  • Put the debtor on the wanted list, legally establish his location, etc.

The performer must have with him identification confirming his identity and position.

What rights does a bailiff have?

The FSSP employee is vested with a wide range of powers. That is why its activities are aimed at helping citizens, and not at worsening their situation. Sometimes the executor exceeds his powers, violating the rights of the defendant. Therefore, it is important to know what rights the bailiff has in relation to the debtor. According to the court ruling, a FSSP employee has the right:

  • Check the debtor's accounts, request the necessary information about his balance in the bank.
  • Submit a request for the availability of all the debtor’s property (movable property, real estate, securities) and demand a declaration of the debtor’s property.
  • Send a summons to the defendant to the FSSP.
  • Seize the defendant's accounts and write off funds to the plaintiff's balance.
  • Take measures to restrict the debtor’s movements (preventing travel abroad, depriving him of the right to drive his own transport).
  • Carry a weapon and use it if other measures fail (for example, if the defendant is about to flee).

After the court verdict, it is better for the defendant not to hide from the bailiffs, since the decision cannot be changed. The best way would be to buy back the seized property. The debtor always has the right to this.

What a bailiff should not do

The main condition for the professional activity of the performer is his impartiality to the process. An employee does not have the right to conduct a case if he is a close or distant relative of the defendant or if he is otherwise interested in the outcome of the process. Moreover, if there are any circumstances proving his impartiality, the case is entrusted to another executor.

Bailiffs also have some restrictions in their activities, despite their high powers.

An FSSP employee does not have the right to:

  • Arrive at the defendant’s home before 6:00 am and later than 10:00 pm. The rule also applies to weekends, unless specified in a court decision.
  • and describe the property without the presence of the defendant.
  • Seize property that does not belong to the debtor.
  • To take away from the defendant property that falls under: housing (if it is the only one), food, money that constitutes the monthly subsistence level.

When making an arrest, the bailiff may use a firearm, but he must first notify his intention. Otherwise, his activities are considered illegal.

In accordance with its functions, the bailiff is vested with the following responsibilities:

The duty to accept judicial acts and acts of other bodies for execution and to evaluate their legality.

A writ of execution from a court (or other body that issued it) or from a claimant is accepted for enforcement proceedings if the deadline for presenting the writ of execution for execution has not expired and this document complies with the requirements of Article 8 of the Federal Law “On Enforcement Proceedings”.

If the requirements contained in the executive document on the basis of which enforcement actions are carried out are unclear, the bailiff has the right to ask the court or other body that issued the executive document to clarify the procedure for its execution.

Obligation to initiate enforcement proceedings.

The initiation of enforcement proceedings, like most other actions of the bailiff, is formalized by issuing an appropriate resolution.

When issuing a decision to initiate enforcement proceedings, the bailiff is obliged to immediately send requests in order to obtain the necessary information about the property status of the debtor. Such requests are sent to the relevant authorities of the constituent entity of the Russian Federation, namely:

· to the tax authorities - about the taxpayer identification number, about the numbers of settlement, current and other accounts, about the name and location of banks and other credit organizations in which accounts are opened, about financial and economic activities according to established reporting forms, as well as in the absence of the debtor at the legal address specified in the writ of execution - about his new address;

· to the State Road Safety Inspectorate - about vehicles owned by the debtor;

· to the state registration authorities of real estate and transactions with it - about real estate owned by the debtor;

· to the registration chamber - to clarify the legal address and legal form of the debtor.

Copies of sent requests are materials of enforcement proceedings and are stored there.

During the execution process, the bailiff interacts not only with the parties to the enforcement proceedings (claimor and debtor), their representatives, but also with the prosecutor supervising the execution and other participants in the enforcement proceedings.

The bailiff has the right to summon citizens and officials on the basis of enforcement documents in his possession, both to the bailiff unit at his place of service and to the place where enforcement actions are performed. If the person summoned fails to appear, the bailiff makes a decision to bring him in. Art. 87 of the Federal Law “On Enforcement Proceedings”.. The bailiff has the right to demand explanations, issue certificates, and give instructions to citizens and organizations participating in enforcement proceedings to perform specific actions.

The bailiff, in accordance with Articles 29, 31, and 33 of the Federal Law “On Enforcement Proceedings,” is obliged to provide the parties to the enforcement proceedings or their representatives with the opportunity to familiarize themselves with the materials of the enforcement proceedings or make copies of them. He must prepare extracts of documents, explain to the parties their rights and obligations, the timing and procedure for appealing against the actions of the bailiff, and consider their applications and petitions.

The bailiff is obliged to recuse himself if there are grounds for this provided for by law.

Having accepted the writ of execution and initiated enforcement proceedings, the bailiff, in order to facilitate his work, must draw up a plan for further actions, coordinating it, if necessary, with the senior bailiff.

The obligation to carry out enforcement actions provided for by law.

The bailiff alone determines what enforcement actions should be taken in each specific case. During their commission, he has the right to enter premises and storage facilities occupied by the debtor or belonging to him, to inspect them or open them, and, based on a court ruling, to perform similar actions in relation to premises and storage facilities occupied by other persons or belonging to them.

The bailiff has the right to arrest, seize, transfer for storage and sell seized property (with the exception of property withdrawn from circulation), seize funds and other valuables of the debtor located in accounts, deposits or storage in banks or other credit institutions. organizations, use non-residential premises located in municipal or other property for temporary storage of seized property. He may, with the consent of the owner, use the transport of the claimant or the debtor to transport the property (the costs incurred in this case are charged to the debtor's account).

Periodic inspections of employers regarding the correctness of collection from debtors of amounts under enforcement documents and the timeliness of their transfer to collectors, as well as maintaining financial documentation in this part is one of the important powers of the bailiff. For the purpose of timely, complete and correct execution of enforcement documents, the bailiff may give instructions to citizens and organizations participating in enforcement proceedings regarding the implementation of specific enforcement actions.

Announcing a search for a debtor, his property or a search for a child is one of the most responsible actions of a bailiff, since previously a search could only be announced by the court and only for certain categories of cases, and the search for the property of a debtor and a child was not envisaged at all. Currently, mandatory and optional types of search are provided.

The bailiff, at the initiative of the debtor or on his own initiative, may postpone the implementation of enforcement actions, but for no more than ten days. Other procedural issues of execution are resolved by the court. The Federal Law “On Enforcement Proceedings” includes the following issues:

· restoration of the missed deadline and presentation of the writ of execution for execution (Article 16);

· explanation of a judicial act or an act of another body subject to interpretation (Article 17);

· deferment or installment plan for the execution of judicial acts and acts of other bodies, changing the method and procedure for execution (Article 18);

· postponement of executive actions (Article 19);

· suspension and termination of enforcement proceedings (Articles 20-25).

Of significant importance is the right of the bailiff to collect from the debtor the costs of performing enforcement actions, and if the debtor evades the voluntary execution of a court decision, to also collect an enforcement fee. The collected amounts are transferred by the bailiff to the current account for the accounting of funds received at the temporary disposal of the bailiff unit. However, the disposal of funds received into the specified account is carried out by the senior bailiff.

The obligation to apply enforcement measures to unscrupulous debtors, as well as to officials of all bodies and organizations, and individuals in the event of failure to comply with the requirements of the bailiff.

A bailiff may fine any person who does not comply with the requirements of a non-property enforcement document.

A fine can also be imposed for failure to comply with the legal requirements of the bailiff himself, and if such failure contains elements of a crime, the bailiff has the right to submit a proposal to the relevant authorities to bring the perpetrators to criminal liability.

The high status of the bailiff, formed by such broad powers, on the one hand, allows the bailiff to make independent decisions to carry out most enforcement actions. On the other hand, it requires a responsible approach to decisions made and imposes an obligation to strictly adhere to the law.

In today's legislation on enforcement proceedings - the legislation of the transitional period in the process of building a rule of law state - the independence of the bailiff is limited, since many enforcement issues are resolved by the court. However, the accumulated experience - both in enforcement practice and in judicial control over the implementation of enforcement actions - allows us to assert that today the resolution of such issues can be transferred to bailiffs.

10. Functions of a senior bailiff The functions of a senior bailiff, as follows from Article 10 of the Law on Bailiffs, imply not only his organizing and controlling role as the head of a unit, but also the exercise by him of special and procedural powers provided for by law.

A senior bailiff is appointed and dismissed by the Chief Bailiff of the justice body of a constituent entity of the Russian Federation. He is the head of the bailiff division and bears responsibility, as provided for by law, for the activities of the division subordinate to him. In the event of the temporary absence of a senior bailiff, his duties, according to the order of the Chief Bailiff of a constituent entity of the Russian Federation, are assigned to one of the bailiffs.

The organizational and control powers of the senior bailiff include:

Management of the unit's activities;

Taking into account the workload of employees and the distribution of work in this regard;

Monitoring the execution of official duties by subordinates;

Planning the work of the unit;

Managing the work of the division office;

Accounting and systematization of legislation, practice of execution of judicial acts;

Organization of maintaining statistical, financial reporting, logistics of the unit;

Coordinating the work of the unit with other units and law enforcement agencies;

Monitoring employees' compliance with internal labor regulations;

Reception of visitors, work on applications and complaints;

Organization and control over the improvement of professional training of bailiffs of the unit, selection and placement of personnel, creation of a personnel reserve for the unit;

Analysis of the activities of bailiffs, deadlines for execution, the validity of appealing the actions or inaction of a bailiff, the return of writs of execution, compliance with financial discipline.

This list is not exhaustive, but covers the main areas of activity of the division.

The special powers of the senior bailiff include organizing and monitoring the activities of the bailiffs of the unit that ensures the established procedure for the activities of the courts, in terms of:

* conditions and limits of their use of physical force, special means and firearms;

* implementation of orders of the chairman of the court (as well as the judge or presiding judge at the court session) on the application of procedural coercive measures to individuals provided for by law;

* ensuring the security of court buildings, premises located there and maintaining public order;

* coordinating the actions of the unit's bailiffs with specialized units of the internal affairs bodies to ensure the safety of judges, assessors, participants in the trial, witnesses, bailiffs, as well as with the escort service;

* they undergo special training and periodic testing for suitability for actions involving the use of physical force and special means.

The special powers of the senior bailiff should also include the management of the current account for the accounting of funds coming to the temporary disposal of the bailiff unit and control over the correct expenditure of funds on it.

Within the framework of procedural powers, the senior bailiff:

* at a personal reception, considers and accepts for resolution complaints and applications within his competence;

* monitors compliance by department employees with the deadlines stipulated by the Decree of the Presidium of the Supreme Council of April 12, 1968 (as amended by the Decree of March 4, 1980) “On the procedure for considering proposals, applications and complaints of citizens.”

In accordance with the procedural powers provided for by the Law on Enforcement Proceedings, the senior bailiff:

* gives written permission to carry out enforcement actions by a bailiff on non-working days and at night (clause 4 of article 12);

* resolves the issue of recusal of the bailiff (clause 3 of Article 43);

* approves the application sent to the court by the bailiff for the recovery from the debtor of the average earnings of the claimant for the period of forced absence if the debtor fails to comply with the requirement for reinstatement at work (Article 74).

In addition, in accordance with paragraph 1 of Article 26 of the said Law, he approves the act drawn up by the bailiff on the impossibility of collection in the following cases:

* if it is impossible to establish the address of the debtor-organization or the place of residence of the debtor-citizen, the location of the debtor, or to obtain information about the availability of funds and other valuables belonging to him, located in accounts and deposits or deposited in banks or other credit organizations (in those cases when the search for the debtor or his property is not provided);

* if the debtor does not have property or income that can be foreclosed on, and all the measures permitted by law to find his property or income taken by the bailiff were unsuccessful;

* if the claimant refused to retain the debtor’s property that was not sold during the execution of the writ of execution;

* if the claimant, by his actions (inaction), prevents the execution of the writ of execution.

The Federal Law “On Enforcement Proceedings” provides for eight cases when a decision made by a bailiff is subject to approval by a senior bailiff, namely:

1) on the return of the writ of execution to the claimant - if it is impossible to establish the address of the debtor-organization or the place of residence of the debtor-citizen, the location of the debtor’s property, or to obtain information about the availability of funds and other valuables belonging to him, located in accounts and deposits or stored in banks or other credit institutions, except for cases when a search for the debtor or his property is provided (clause 3 of Article 26);

2) on the announcement of a search for the debtor, his property or search for a child - in the absence of information about the location of the debtor according to executive documents on the collection of alimony, compensation for harm caused to health, or compensation for harm to persons who suffered damage as a result of the death of the breadwinner, as well as according to executive documents documents on the removal of a child (clause 1, article 28);

3) to challenge a translator or specialist - if they are relatives of the parties, their representatives or other persons involved in enforcement proceedings, or are interested in the outcome of enforcement proceedings, or there are other circumstances that raise doubts about their impartiality (clause 4 of Article 43). The issue of recusal of a bailiff is resolved by the senior bailiff;

4) on the return of the writ of execution to the court or other body that issued it - if it is impossible to execute it (clause 4 of Article 73);

5) on the collection of expenses for carrying out enforcement actions - if they are attributed to the federal budget, as well as on compensation to the body or person for the costs of carrying out enforcement actions (clause 4 of Article 84);

6) on the imposition of a fine - in case of non-execution without good reason of an executive document obliging the debtor to perform certain actions or refrain from performing them within the period established by the bailiff (clause 4 of Article 85);

7) on the imposition of a fine - in case of failure by citizens and officials to comply with the legal requirements of the bailiff and violation of the legislation of the Russian Federation on enforcement proceedings, loss of the writ of execution or its untimely dispatch, provision of false information about the income and property status of the debtor, failure by the debtor to report dismissal from work, a new place of work or a new place of residence (clause 1 of Article 87);

8) about the summons - in case of evasion without good reason from appearing when summoned by a bailiff or to the place of execution of enforcement actions.

RUSSIAN FEDERATION

THE FEDERAL LAW

ABOUT BAILIFFS

Accepted

State Duma

Approved

Federation Council

(as amended by Federal Laws of November 7, 2000 N 135-FZ,

dated June 29, 2004 N 58-FZ, dated August 22, 2004 N 122-FZ,

dated 03.03.2007 N 29-FZ, dated 22.07.2008 N 132-FZ,

dated July 23, 2008 N 160-FZ, dated December 25, 2008 N 280-FZ)

Chapter I. GENERAL PROVISIONS

Article 1. Tasks of bailiffs

Bailiffs are entrusted with the tasks of ensuring the established procedure for the activities of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, courts of general jurisdiction and arbitration courts (hereinafter referred to as courts), as well as for the execution of judicial acts and acts of other bodies provided for federal law on enforcement proceedings.

Article 2. Legal basis for the activities of bailiffs

In their activities, bailiffs are guided by the Constitution of the Russian Federation, this Federal Law, the federal law on enforcement proceedings and other federal laws, as well as regulatory legal acts of the President of the Russian Federation, the Government of the Russian Federation, and the Ministry of Justice of the Russian Federation adopted in accordance with them.

Article 3. Requirements for a person appointed to the position of bailiff

1. A bailiff can be a citizen of the Russian Federation who has reached the age of twenty, has a secondary (complete) general or secondary vocational education (for a senior bailiff - a higher legal education), and is capable of fulfilling his duties due to his business and personal qualities, as well as for health reasons. he has responsibilities.

2. A bailiff is an official in the public service. Upon taking office, the bailiff takes the following oath: “When exercising my powers, I swear to comply with the Constitution of the Russian Federation and the laws of the Russian Federation, to honestly and conscientiously perform the duties of a bailiff.”

3. A citizen with a criminal record cannot be appointed to the position of bailiff.

4. Bailiffs are subject to the restrictions, prohibitions and obligations established by the Federal Law “On Combating Corruption” and Articles 17, 18 and 20 of the Federal Law of July 27, 2004 N 79-FZ “On the State Civil Service of the Russian Federation”.

(Clause 4 introduced by Federal Law dated December 25, 2008 N 280-FZ)

Article 4. Bailiffs

1. Depending on the duties performed, bailiffs are divided into bailiffs who ensure the established procedure for the activities of the courts (hereinafter referred to as the bailiff for ensuring the established order of the activities of the courts), and bailiffs - executors who execute judicial acts and acts of other bodies (hereinafter referred to as the bailiff - performer). The powers and requirements provided for by this Federal Law equally apply to bailiffs to ensure the established procedure for the activities of courts and bailiffs (hereinafter referred to as bailiffs).

2. Bailiffs, in accordance with the nature of the functions they perform, undergo professional training. Bailiffs to ensure the established procedure for the activities of courts, after undergoing the necessary special training, have the right to store and carry firearms and special equipment.

3. Bailiffs, when performing their official duties, wear uniforms, have insignia and an emblem, samples of which are approved by the Government of the Russian Federation.

(as amended by Federal Laws dated June 29, 2004 N 58-FZ, August 22, 2004 N 122-FZ)

4. Bailiffs are assigned class ranks.

(as amended by Federal Laws dated June 29, 2004 N 58-FZ, dated August 22, 2004 N 122-FZ)

5. Bailiffs are issued service certificates of a uniform type, approved by the Minister of Justice of the Russian Federation.

6. Bailiffs are subject to mandatory state fingerprint registration in accordance with the legislation of the Russian Federation.

(Clause 6 introduced by Federal Law dated November 7, 2000 N 135-FZ)

Article 5. Organization of activities of the bailiff service

1. The regulations on the Federal Bailiff Service, its structure and staffing levels are approved by the President of the Russian Federation.

2. The organization of the activities of the bailiff service in the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation is determined by this Federal Law and the federal constitutional laws on these courts.

Article 6. Procedure for appointment and dismissal of bailiffs

1. The head of the federal executive body for ensuring the established procedure for the activities of courts and the execution of judicial acts and acts of other bodies (the chief bailiff of the Russian Federation) is appointed to and dismissed from office by the President of the Russian Federation.

2. The procedure for the appointment and dismissal of bailiffs is determined by the President of the Russian Federation.

Chapter II. POWERS TO ORGANIZE ACTIVITIES

BAILIFIC SERVICES

(as amended by Federal Law dated June 29, 2004 N 58-FZ)

Article 7. Powers of the Ministry of Justice of the Russian Federation to organize the activities of the bailiff service

(as amended by Federal Law dated June 29, 2004 N 58-FZ)

1. The Ministry of Justice of the Russian Federation carries out coordination and control of the activities of the Federal Bailiff Service under its jurisdiction, as well as the functions of adopting normative legal acts related to the scope of activity of this service.

(Clause 1 as amended by Federal Law dated June 29, 2004 N 58-FZ)

2. Lost power. - Federal Law of June 29, 2004 N 58-FZ.

Article 8. Powers of the chief bailiff of the Russian Federation

Chief Bailiff of the Russian Federation:

manages the activities of the bailiff service;

within the established competence, issues orders, instructions and instructions on the organization of the activities of the Federal Bailiff Service, mandatory for execution by all employees of this service;

(as amended by Federal Law dated June 29, 2004 N 58-FZ)

within the limits of the allocated staffing level and wage fund, establishes the staff and structure of the bailiff service;

provides financial and logistical support for the bailiff service;

bears the responsibility provided for by the legislation of the Russian Federation for the fulfillment of the tasks assigned to the bailiff service.

Article 9. Powers of the chief bailiff of a constituent entity of the Russian Federation

1. Chief bailiff of a constituent entity of the Russian Federation:

manages the relevant bailiff service;

forms divisions of bailiffs, coordinates and controls their activities;

appoints and dismisses bailiffs, organizes their professional and special training and conducts their certification;

moves, if necessary, bailiffs from one unit to another in accordance with the legislation of the Russian Federation on labor and the legislation of the Russian Federation on civil service;

within the limits of the allocated staffing levels and wage fund, establishes the staffing and structure of bailiff units;

encourages bailiffs for success in their work and imposes penalties on them for violations of labor discipline;

provides financial and logistical support to bailiffs;

organizes the execution of regulatory legal acts of the Ministry of Justice of the Russian Federation, as well as orders, instructions and instructions of the chief bailiff of the Russian Federation;

(as amended by Federal Law dated June 29, 2004 N 58-FZ)

considers complaints against the actions of bailiffs in the order of subordination;

bears the responsibility provided for by the legislation of the Russian Federation for the performance of tasks assigned to the relevant bailiff service.

2. Lost power. - Federal Law of August 22, 2004 N 122-FZ.

Article 10. Powers of the senior bailiff

1. Senior bailiffs head the bailiff units.

2. Senior bailiff:

organizes and controls the work of the unit he heads and bears the responsibility provided for by the legislation of the Russian Federation for the implementation of the tasks assigned to bailiffs;

ensures the correct and timely execution of orders of the chairman of the court, as well as the judge or presiding judge at the court hearing;

coordinates the actions of bailiffs to ensure the established procedure for the activities of courts and specialized units of internal affairs bodies to ensure the safety of judges, assessors, participants in the trial, witnesses, bailiffs;

is the manager of the deposit account of the bailiff division;

exercises special powers provided for by the legislation of the Russian Federation on enforcement proceedings.

Chapter III. RESPONSIBILITIES AND RIGHTS OF BAILIFFS

Article 11. Responsibilities and rights of bailiffs to ensure the established procedure for the activities of courts

1. Bailiff to ensure the established procedure for the activities of courts:

ensures the safety of judges, assessors, trial participants and witnesses in courts;

carries out the orders of the chairman of the court, as well as the judge or presiding judge at the court session related to maintaining order in court;

executes decisions of the court and judge on the application of procedural coercive measures provided for by law to the defendant and other citizens;

ensures security of court buildings, deliberation rooms and court premises during working hours;

checks the preparation of court premises for the hearing, ensures, on the instructions of the judge, the delivery of the criminal case and material evidence to the place of the trial and their safety;

maintains public order in court premises;

interacts with military personnel of the military unit (unit) for escorting persons in custody on issues of their safety and security;

prevents and suppresses crimes and offenses, identifies violators, and, if necessary, detains them with subsequent transfer to the police;

brings persons who evade appearing in court or to a bailiff;

participates, at the direction of the senior bailiff, in carrying out enforcement actions;

undergoes special training, as well as periodic testing for suitability to act in conditions involving the use of physical force, special means and firearms.

2. The bailiff, in ensuring the established procedure for the activities of courts in the performance of official duties, has the right:

seek help from police officers, security agencies, and internal troops;

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

use physical force, special means and firearms in cases and in the manner provided for by this Federal Law;

check identity documents of citizens in court premises and citizens being brought to court or to a bailiff;

carry out personal searches of citizens in court premises and citizens being brought to court or to a bailiff, search of things they have with them if there are sufficient grounds to believe that these citizens have weapons, ammunition, explosives, explosive devices with them , narcotic drugs or psychotropic substances.

(paragraph introduced by Federal Law dated 03.03.2007 N 29-FZ)

Article 12. Responsibilities and rights of bailiffs - executors

1. In the process of forced execution of judicial acts and acts of other bodies provided for by the federal law on enforcement proceedings, the bailiff:

takes measures for the timely, complete and correct execution of executive documents;

provides the parties to the enforcement proceedings (hereinafter referred to as the parties) or their representatives with the opportunity to familiarize themselves with the materials of the enforcement proceedings, make extracts from them, and make copies from them;

considers statements of the parties regarding enforcement proceedings and their petitions, makes appropriate decisions, explaining the deadlines and procedure for appealing them;

is obliged to recuse himself if he is interested in the course of enforcement proceedings or there are other circumstances that raise doubts about his impartiality.

2. The bailiff - executor has the right:

By Resolution of the Constitutional Court of the Russian Federation dated May 14, 2003 N 8-P, paragraph 2 of Article 14 of this Federal Law was recognized as not contradicting the Constitution of the Russian Federation in its normative unity with the provisions of paragraph 2 of Article 12 to the extent that they provide for the right of a bailiff in connection with by executing a court order, request and receive from banks and other credit institutions the necessary information about the deposits of individuals in the amount required for the execution of the writ of execution, and within the limits determined by the court order.

receive the necessary information, explanations and certificates when performing enforcement actions;

check with employers the execution of enforcement documents for debtors working for them and the maintenance of financial documentation for the execution of these documents;

give citizens and organizations participating in enforcement proceedings instructions on the implementation of specific enforcement actions;

enter premises and storage facilities occupied by debtors or belonging to them, inspect said premises and storage facilities, if necessary, open them, and also, based on a ruling of the relevant court, perform the specified actions in relation to premises and storage facilities occupied by or belonging to other persons;

arrest, seize, transfer for storage and sell seized property, with the exception of property withdrawn from circulation in accordance with the law;

seize funds and other valuables of the debtor located in accounts, deposits or storage in banks and other credit organizations in the amount specified in the executive document;

use non-residential premises with the consent of the owner for temporary storage of seized property, assign the responsibility for its storage to the relevant persons, use the transport of the claimant or debtor to transport property with expenses charged to the debtor;

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

if the requirements contained in the executive document on the basis of which enforcement actions are carried out are unclear, ask the court or other body that issued the executive document to clarify the procedure for its execution;

announce a search for the debtor, his property or a search for a child;

summon citizens and officials based on executive documents in progress;

perform other actions provided for by the federal law on enforcement proceedings.

Article 13. Respect for the rights and legitimate interests of citizens and organizations

The bailiff is obliged to use the rights granted to him in accordance with the law and not to allow his activities to infringe upon the rights and legitimate interests of citizens and organizations.

Article 14. Mandatory requirements of the bailiff

1. The requirements of the bailiff are mandatory for all bodies, organizations, officials and citizens on the territory of the Russian Federation.

By Resolution of the Constitutional Court of the Russian Federation dated May 14, 2003 N 8-P, paragraph 2 of Article 14 was recognized as not contradicting the Constitution of the Russian Federation in its normative unity with the provisions of paragraph 2 of Article 12 of this Federal Law to the extent that they provide for the right of a bailiff in connection with by executing a court order, request and receive from banks and other credit institutions the necessary information about the deposits of individuals in the amount required for the execution of the writ of execution, and within the limits determined by the court order.

2. Information, documents and their copies necessary for the bailiffs to carry out their functions are provided upon their request free of charge and within the time period established by them.

3. Failure to comply with the requirements of the bailiff and actions that impede the performance of the duties assigned to him entail liability in the manner prescribed by law.

Article 15. Conditions and limits of the use of physical force, special means and firearms

1. Bailiffs, in order to ensure the established procedure for the activities of courts, have the right, in cases and in the manner provided for in Articles 15 - 18 of this Federal Law, to use physical force, special means and firearms, if other measures do not ensure the fulfillment of the duties assigned to them.

2. When using physical force, special means and firearms, the bailiff, to ensure the established procedure for the activities of the courts, is obliged to:

warn of the intention to use them, while providing persons against whom physical force, special means and firearms are intended to be used, sufficient time to fulfill their requirements, except in cases where delay creates an immediate danger to the life and health of the bailiff or other citizens , may lead to other serious consequences or when in the current situation such a warning is impossible;

use the specified force, means and weapons in proportion to the nature and degree of danger of the offense, the strength of the counteraction provided, trying to ensure that any damage caused is minimal;

ensure the provision of pre-medical assistance to persons who have received bodily injuries and notify their relatives about this as soon as possible.

3. About all cases of the use of physical force, special means and firearms, the bailiff to ensure the established procedure for the activities of the courts within 24 hours from the moment of their use, reports in writing to the senior bailiff and the chairman of the relevant court, and in the event of causing death or injury, in addition, notifies the prosecutor.

4. The use of physical force, special means and firearms should not pose a threat to the life and health of persons present in court. Exceeding authority when using the specified force, means and weapons entails liability established by law.

Article 16. Use of physical force

Bailiffs, in order to ensure the established procedure for the activities of courts, can use physical force, including combat techniques, to suppress crimes and administrative offenses, detain the persons who committed them, or detain persons in accordance with a judicial act or overcome opposition to the legal requirements of the bailiff.

Article 17. Use of special means

1. Bailiffs, in order to ensure the established procedure for the activities of courts, can use special means available in their arsenal for:

repelling attacks on judges, assessors, trial participants and witnesses, as well as citizens in court premises;

suppression of resistance provided to a bailiff, or attacks on him in connection with the performance of his official duties;

detaining a person committing a crime against life, health or property;

bringing detained persons to the police when their behavior gives reason to believe that they may escape or cause harm to others;

execution of forced bringing to court or to a bailiff of persons who evade the legal requirements of a bailiff to appear in court or to a bailiff.

2. It is prohibited to use special means against persons who have committed illegal acts of a non-violent nature, as well as women with visible signs of pregnancy, persons with obvious signs of disability and minors when their age is obvious or known to the bailiff - except in cases of armed resistance by them, committing an attack that threatens the life and health of citizens.

Article 18. Use of firearms

1. Bailiffs to ensure the established procedure for the activities of courts may use firearms for:

repelling attacks on judges, assessors, trial participants and witnesses, as well as on citizens and bailiffs - when their life and health are in danger;

suppression of attempts to seize weapons or special means;

repelling a group or armed attack on a court and court premises;

suppression of escape from custody, as well as suppression of attempts to forcibly release persons in custody.

2. Before using a firearm to kill, it may be used for a warning shot.

3. It is prohibited to use firearms against women, persons with obvious signs of disability and minors when their age is obvious or known to the bailiff, except in cases of armed resistance, a group or armed attack that threatens the lives of citizens.

4. The procedure for providing the bailiffs specified in paragraph 1 of this article with firearms, the list of types of firearms, ammunition and special equipment in service with the bailiffs are determined by the Government of the Russian Federation.

Article 19. Responsibility of bailiffs, supervision and control over their activities

1. The actions of the bailiff can be appealed to a higher official or to the court. Filing a complaint to 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 over the implementation of laws when bailiffs exercise their functions in accordance with the Federal Law "On the Prosecutor's Office of the Russian Federation" is carried out by the Prosecutor General of the Russian Federation and the prosecutors subordinate to him.

Chapter IV. GUARANTEES OF LEGAL AND SOCIAL PROTECTION

BAILIFFS

Article 20. Insurance guarantees for bailiffs and the right to compensation for damage

1. The life and health of a bailiff are subject to compulsory state insurance at the expense of the federal budget in an amount equal to 180 times the average monthly salary of a bailiff.

2. State insurance bodies pay insurance amounts in the following cases:

death of a bailiff during service or after dismissal, if it occurred as a result of causing bodily injury to the bailiff or other harm to health in connection with his official activities - to the family of the deceased (deceased) and his dependents in an amount equal to 180 times the amount average monthly salary of a bailiff;

causing bodily injury or other harm to health to a bailiff in connection with his official activities, excluding further opportunity to engage in professional activities - in an amount equal to 36 times the average monthly salary of a bailiff;

causing bodily injury or other harm to health to a bailiff in connection with his official activities, which did not result in permanent loss of ability to work and did not affect the ability to engage in future professional activities - in an amount equal to 12 times the average monthly salary of a bailiff.

3. If a bailiff in connection with his professional activities is inflicted with bodily injuries or other harm to health, excluding the further opportunity to engage in professional activities, he is paid monthly compensation in the form of the difference between his average monthly salary and the pension assigned to him in connection with this, excluding the amount payments received under state insurance.

4. In the event of the death of a bailiff during the period of service or after dismissal, if it occurred as a result of causing bodily injury to the bailiff or other harm to his health in connection with his official activities, the disabled members of his family who were dependent on him are paid monthly compensation in the form of the difference between their share of the salary of the deceased (deceased) and the survivor’s pension assigned to him, without taking into account the amount of payments received under state insurance. To determine this part of the salary, the average monthly salary of the deceased is divided by the number of family members who were dependent on him, including those of working age.

5. Damage caused by the destruction or damage to property belonging to the bailiff or members of his family in connection with his official activities is subject to compensation to him or his family members in full, including lost profits, in the manner established by the legislation of the Russian Federation.

6. Payments for damages provided for in paragraphs 3 - 5 of this article are made from the federal budget.

7. The basis for refusal to pay insurance amounts and compensation in the cases provided for in this article is only a verdict or court ruling against a person found guilty of the death of a bailiff or causing him bodily harm or destruction or damage to property belonging to him, which established that these events are not related to the official activities of the bailiff.

Article 21. Material support and other measures of social protection of bailiffs

1. Lost power. - Federal Law of August 22, 2004 N 122-FZ.

2. For official purposes, bailiffs are provided with travel documents for all types of public transport in urban, suburban and local traffic (except for taxis), purchased by bailiff services from the relevant transport organizations in the manner determined by the authorized federal executive body.

(as amended by Federal Laws dated August 22, 2004 N 122-FZ, dated July 23, 2008 N 160-FZ)

3. Bailiffs who use personal transport for official purposes are paid monetary compensation in the amounts established by the legislation of the Russian Federation.

4. A bailiff sent on a business trip has the right to acquire, out of turn, travel documents for all types of transport and hotel accommodation using a business travel certificate.

2. Instruct the Government of the Russian Federation, within two months from the date of official publication of this Federal Law:

prepare and submit proposals for amendments and additions to the legislative acts of the Russian Federation in connection with its adoption;

adopt normative legal acts ensuring the implementation of its provisions;

provide for an increase in the staffing level and payroll of the Ministry of Justice of the Russian Federation necessary for the creation of bailiff services, with a view to completing the creation of these services by January 1, 2000, within the time frame established by paragraph 3 of this article.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

3. The Ministry of Justice of the Russian Federation during 1997 - 1999 to create a bailiff service, ensuring the start of functioning:

from January 1, 1998 - the department of bailiffs of the Ministry of Justice of the Russian Federation, bailiff services of the justice authorities of the constituent entities of the Russian Federation, as well as divisions of bailiffs consisting of bailiffs - executors from existing bailiffs who have been certified for the right to occupy the position of bailiff - executor;

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

The president

Russian Federation

B.YELTSIN

Moscow Kremlin

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