Bailiffs have the right. What does a bailiff do? Law Enforcement Actions
Knowrights and duties of a bailiff useful for every citizen.
No one is immune from situations where you have to come into contact with these civil servants, but, as they say, forewarned is forearmed. Therefore, in our article we will talk about rights and duties of bailiffs.
Responsibilities of a bailiff
In accordance with Art. 12 Federal Law “On Bailiffs” dated July 21, 1997 No. 118-Z in duties of a bailiff includes:
In addition to all of the above, the specified article of the federal law “On Bailiffs” indicates bailiff's duty recuse himself in cases where he is personally interested in the outcome of enforcement proceedings or there are other grounds that prevent the impartial performance of professional duties.
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Powers of the bailiff
Rights and responsibilities of bailiffs closely resonate with each other. Part 2 of Article 12 of the Federal Law “On Bailiffs” secures the rights of this category of employees. In accordance with their powers, they have the right:
- Receive all the necessary information about debtors and their property (including from third-party organizations), collect certificates, extracts and other documents necessary for the timely and high-quality conduct of enforcement proceedings, and have access to the personal data of participants in enforcement proceedings.
- Obtain information about the financial condition of the debtor by contacting his employer.
- Enter, inspect premises and storage facilities belonging to the debtor, or premises and storage facilities belonging to other persons, in cases where this is provided for by a court decision that has entered into force, as well as arrest, seize, transfer for storage and sell the property of debtors in order to repay the debt ( part of the debt).
- Seize the debtor's accounts in banks and other credit institutions.
- Give binding instructions to participants in enforcement proceedings.
- Contact the court for clarification for the correct and timely conduct of enforcement proceedings.
- Put debtors on the wanted list, and also take measures to search for children when the subject of the claim is the removal or transfer of a child.
- Call for an appointment with citizens and officials specified in executive documents, and also request identification documents from them.
- In the course of your activities, contact other bodies and services for assistance (Federal Migration Service, internal affairs bodies, Federal Security Service, etc.).
- Use the property of the debtor and the claimant for transportation or storage of seized property with the appointment of persons responsible for such storage, as well as imposing the responsibility for bearing the costs incurred during the implementation of such actions on the debtor.
- Perform other actions provided for by legislation on enforcement proceedings.
Assistant bailiff under Law No. 118-FZ “On Bailiffs”
Due to the fact that today for each bailiff there is a huge number of proceedings (about several hundred), a new position has been introduced - an assistant bailiff, who is responsible for maintaining records, as well as obtaining information that is necessary for timely and quality business management. It is important to emphasize that the assistant bailiff does not have the right to make decisions, make arrests, announce a search, or perform other functions that relate exclusively to the jurisdiction of the bailiff.
So at present, another person directly responsible for the execution of court decisions is the assistant bailiff. His rights and obligations are somewhat different from the rights and duties of a bailiff.
Duties of a bailiff differ from the duties of an assistant in that the assistant’s task is to create favorable conditions for the productive performance by the bailiff of his official functions.
Assistant bailiffs are subordinate to the bailiffs and carry out the orders given by the latter. At the same time, it is important to emphasize that assistants do not have any procedural significance, and their work is regulated only by the general provisions of the legislation on civil service.
The Federal Law “On Bailiffs” does not provide for such a position at all.
A bailiff is an official who enforces court decisions, as well as other legal acts. Its activities are strictly limited by relevant legislation and regulations. Let us consider in more detail this position and the responsibilities of the person occupying it.
Firstly, it should be noted that the bailiff is a public official. This function has implications for compliance with certain disciplinary and ethical principles and standards, as well as criminal and civil liability. He serves on the circuit court where he was assigned. Its tasks include the following.
Making judgments on monetary and non-material claims and securing claims, fulfilling other orders regarding the execution procedure, drawing up a protocol of facts before the start of a trial or before a decision is made at the request of a court or prosecutor, servicing court notices, promising protests and complaints. All actions can be performed by executive authorities on weekdays and Saturdays from 7 to 7.
What are the job responsibilities?
Like rights, the duties of a bailiff are fixed in Art. 12 Federal Law dated July 21, 1997 No. 118-FZ, which was edited in 2016. Among the main responsibilities of the person holding this position to ensure the established procedure for the activities of the courts (OUPDS) are:- Ensure that the parties to the trial, as well as their representatives, are familiarized with the materials of the enforcement case, provide extracts from the documentation, and also make copies of them.
- Take measures to ensure timely, complete and correct implementation of the regulations established in executive documents.
- Consider all statements and petitions submitted by participants in the trial, draw up appropriate decisions, and also explain to persons all the conditions (terms, procedure, etc.) for their appeal in case of disagreement.
- Recuse yourself in cases where the bailiff himself is interested in the enforcement procedure or if there are any grounds for doubting his loyalty and impartiality.
Regardless of the type of offense, the bailiff is obliged to respect all the rights and interests of citizens.
In cases where there is a need to carry out certain activities on a public holiday, the authority must obtain the consent of the chairman of the district court. It is important that activities that started before 21:00 can continue if their interruption would interfere with enforcement.
Does the bailiff have the right to enter the apartment and is consent required?
The bailiff is required to use an identifier that includes his/her name, photograph, description of the function, and the name of the district court in which he/she operates. At this stage, it is important to note what the beginning of the bailiff's actions looks like. Well, the bailiff who receives the case from the creditor is not required to investigate whether there is, in fact, a basis to begin enforcement.
Based on the above job responsibilities, we can conclude that the bailiff is the main regulatory official who participates in enforcement proceedings. Accordingly, it is he who bears all the obligations relating to control and verification of the execution of all court decisions.
Responsibilities of the bailiff for the collection of alimony
In the case of collecting alimony, the bailiff is obliged to act within the framework of the currently established legislation. Accordingly, he has no right to perform any extraneous actions. He operates according to a standard scheme, conducting on-site activities, interviewing the debtor in order to identify the reasons for his refusal to pay alimony, and also carries out all the necessary procedures for collecting funds.In addition, the duties of the bailiff include determining the property status of the debtor. He must control his income, purchases, and other income sources. All information must be noted in special documents, which can then serve as the basis for forced collection.
How to write a letter to bailiffs
The bailiff, through his actions, seeks to fulfill the court decision, that is, to ensure compliance with the amount of money. Execution may be made from, among other things, movable property, remuneration for work, bank accounts or real estate. With the execution of the execution, the bailiff notifies the debtor, informing him about the rank and about the persons to whom the proceedings are being carried out.
Many people live in the mistaken belief that “the debt is with the bailiff.” The ability to enter into an agreement, release a particular asset or suspend its execution depends solely on the creditor. This does not mean that the bailiff should be avoided.
Responsibilities of bailiffs under a writ of execution
After the end of the judicial review, the claimant is given a writ of execution, which must be sent to the bailiff. In some cases, judicial institutions independently transfer the document to the executor.In accordance with the court order, the following obligations may be imposed on the bailiff:
Once the bailiff has been informed that the execution has been initiated, it is important to approach him or her and tell him or her about your assets and whether he or she wishes to settle the debt or make a voluntary payment. It should be noted that such actions on the part of the debtor will minimize the costs of execution. In this situation, if a party presents its assets to the executor, it will not be required to pay the costs of finding it. During the proceedings, each enforceable debt must be transferred to the debtor within 4 days.
- from the person who caused material damage to the victim;
- collect a state fee;
- collect the alimony payment established by the court;
- reinstate persons who were laid off illegally.
If the bailiff is delayed, he/she is required to pay interest on amounts received and outstanding. There may also be circumstances in which a bailiff is unable to perform his or her duties, then he assigns his or her deputies - another bailiff or a bailiff - to perform them. The bailiff notifies the page of any action taken.
Main responsibilities of a bailiff
In practice, this means more efficient execution. An important change is the introduction of legal disclosure of ownership. The bailiff will have the right to obtain a list of assets from the debtor. A list of assets will be submitted by the debtor under penalty of criminal liability, which will be debited by the debtor. If the debtor does not appear before the bailiff due to acquittal, refuses to answer a question or fails to provide a statement or promise, then the bailiff will be able to fine him or ask the court to enforce the debtor or even apply for a detention not exceeding one month.
Video: Powers and responsibilities of bailiffs under OUPDS
The following video asks you to find out what the bailiff should do after arriving at the address indicated in the judicial act of the summons:Thus, we can conclude that the bailiff plays a very important role in the judicial proceedings themselves. The responsibility falls on his shoulders to enforce all decisions of judicial authorities to collect material debts. Accordingly, the rights and obligations of an official are, first of all, regulated by these tasks.
Bailiffs are required to act within the framework of the relevant federal law. In most cases, their actions and decisions are aimed at ensuring a court decision that has entered into legal force. But many people often wonder about their powers. Some believe that FSSP employees sometimes act contrary to the law. Therefore, it will be described in detail below exactly what rights they have in relation to debtors.
What rights do bailiffs have?
The rights of bailiffs are mostly established by relevant federal law. Their responsibilities are also noted here. We list what is included in their powers:
- seize and describe any permitted property;
- conduct a search for the debtor;
- withdraw money from all known accounts;
- with the participation of police officers, they can conduct searches and seizures;
- impose bans (on travel, registration actions, communication).
What do bailiffs have the right to describe to a debtor?
Such property includes any bank and salary accounts, pension contributions (up to 10-15%), movable and immovable property belonging to the debtor, household appliances, goods and production tools, securities, bonds, bills, bank notes, cards, agricultural and pets.
The position of a bailiff is based on the legislative framework. Exceeding authority can have serious consequences. It is for this reason that you need to be extremely careful. It must be taken into account that bailiffs act within the framework of enforcement proceedings. If this proceeding is not opened, then the bailiff cannot take any action regarding debt collection. Federal Law “On Enforcement Proceedings” No. 229-FZ dated October 2, 2007 is the main legislation within which the bailiff operates. In addition, the bailiff must know other legal acts that relate to his powers.
What exactly should the bailiff know?
- Rules of conduct with the debtor. In this case, the actions of the bailiff are regulated by the legislation on enforcement proceedings. Within the framework of this legislation, a bailiff can make an inventory of property. At the same time, the bailiff does not have the right to describe property that is not covered by law. That is, in fact, the bailiff cannot make an inventory of the only residential premises;
- The bailiff must know that he can get into the residential or non-residential premises of the debtor without his consent. However, the legislation clearly regulates this procedure. Firstly, there must be written permission from the senior bailiff. Secondly, the district police officer and witnesses are required to be invited. That is, if such a process is carried out with violations, then the bailiff may even face criminal liability;
- The bailiff must have a deep knowledge of legislative acts in order to prevent possible offenses in his activities.
How do bailiffs work?
Initially, enforcement proceedings are opened on the basis of a court decision. That is, in fact, a case that will include all the results of work with the debtor and will describe all the ways to collect funds. After the opening of enforcement proceedings, the debtor must be notified about this. A special letter is sent, which contains information about the amount of the debt, as well as the time frame within which the bailiffs recommend that you make payment. Also, all necessary details are indicated. If the debtor does not make contact with the bailiffs, then in this case, collection actions begin. Initially, the bailiff receives information about the availability of property, as well as real estate, from the debtor. Submits requests to banks regarding the issue of opening an account. Further, the debtor's account and property may be seized. A property inventory process can also be carried out. In this case, the bailiff makes an inventory of the property, which can later be sold as payment of the debt. At the same time, the bailiff cannot describe things that are not subject to inventory.
Bailiffs act exclusively within the framework of the Federal Law “On Enforcement Proceedings” No. 229-FZ dated October 2, 2007. That is, all their powers regarding the collection of funds...
Recently, cases have become more frequent when people do not pay taxes for years, do not pay fines, take out a loan from a bank, knowingly not intending to repay it. When such situations occur and after numerous warnings a person refuses to answer for his obligations, the special service of the FSSP (Federal Bailiff Service) comes into play. By law, they have the right to use force in their activities to achieve the desired result. The powers of bailiffs are expanding on a legislative basis, as the number of willful defaulters increases from year to year.
Laws that are designed to regulate the activities of bailiffs
How does the FSSP service come into effect? If, according to current legislation, a person is found guilty of non-repayment of a loan or non-payment of taxes, he is given the right to appeal this decision. The application deadline is a calendar month. If during this time the defaulter has not shown any desire to appeal the decision, it is transferred to the FSSP.
This service is given 3 days to review and register documents. After this, the bailiffs begin to act. They differ from debt collectors in that their rights and obligations are regulated by law. The powers are regulated by two laws: No. 118-FZ “On Bailiffs” and No. 229-FZ “On Enforcement Proceedings”. These laws establish a fairly wide range of possibilities for bailiffs. They have the right to use any actions that are not prohibited by law.
What rights do bailiffs have?
As already noted, the main goal of this type of worker is to do everything necessary (within the law) for a person to pay off his debt. It often happens that the debtor cannot pay in cash. Then the bailiffs make inquiries through all available databases to find out what property the defaulter owns. It is impossible to hide this information, since the FSSP has access to all necessary databases. The powers of bailiffs are as follows:
They have the right to submit a request to all banks to identify the fact that the debtor is their client (in most cases, they block all cards in order to write off money from them towards the debt);
Contact the employer to find out the salary amount;
On weekdays, come home from 7 am to 10 pm (in this case, it is better not to interfere with the bailiff, as he will soon receive permission and knock down the door);
Perform actions with property, that is, arrest it, confiscate it and even use it (for example, transport the seized property in the debtor’s car).
Unlike a debt collector, a bailiff can always enlist the support and assistance of law enforcement agencies. If he didn't break the law, the police will always be on his side. As already noted, the powers of bailiffs of the Russian Federation have been significantly expanded, and this is not all of their rights.
Ban on leaving the country
Some debtors try to hide from the bailiffs by going abroad. However, this is not so easy to do, since bailiffs have the right to prohibit defaulters from leaving. Moreover, this is completely legal, no rights are infringed in this case. Perhaps a person just wants to go on vacation or to a business meeting, but, having a debt, he will not be able to do this.
The Federal Bailiff Service claims that this is one of the most effective measures to force a person to pay a debt. If the debtor is not going to pay his bills and avoids meeting with the bailiff in every possible way, he will face the same fate. No one will let him go abroad. There are situations when a person urgently needs to leave, but because of debts he is not allowed to do so. Some airports in the country have terminals where you can pay off your debt.
However, even after paying the bills, it will not be possible to fly away immediately, since it is necessary that the data on debt repayment be entered into the federal database. Naturally, this action takes time, sometimes up to three weeks.
Debtors should not relax on the Internet
Nowadays, everything is computerized, and it is impossible to imagine your life without the World Wide Web. Bailiffs are no exception, and control over debtors is also carried out on the Internet, and even on social networks. Non-payers should carefully consider whether it is worth posting a photo online of their next expensive purchase, since bailiffs can hide under any name.
Now all companies create official websites, and all the necessary information can be found there. In addition, bailiffs operate through Internet providers. The latter, in turn, provide information about which IP address you are logging into the network from. From here you can find out the address where the debtor's property is probably stored.
Psychological impact
Of course, there is no morality here. The powers of bailiffs do not prohibit the use of this method. Debtors are told that failure to repay debts is a criminal offense. Usually bailiffs give a final warning, which psychologically has a very strong impact on defaulters.
Currently, bailiffs are collaborating with the Orthodox Church, that is, debtors are being indoctrinated at a religious level. The priests will instruct people, reminding them that failure to repay debts is considered theft, and this is a sin.
Representatives of the FSSP do not believe that there is anything reprehensible in this union. If the money is not returned, then the bank bears its losses. It turns out that bank money is being stolen, which is condemned by the church.
Responsibilities of the bailiff
It was previously noted what rights a bailiff has. What is he obliged to do? The powers of the bailiff extend quite widely; his requirements for the implementation of judicial acts are mandatory for all organizations, bodies and citizens. The bailiff himself, in particular, is obliged to:
Take all necessary measures prescribed in the writ of execution for the timely execution of the judicial act;
Grant the right to familiarize yourself with the materials of the writ of execution, make copies, write anything out;
Consider all statements of the parties regarding the execution of the act, as well as explain the deadlines and procedure for appealing;
Withdraw his candidacy if he is an interested person or there are other circumstances that call into question his impartiality.
Encouraging bailiffs
The income of the bailiffs directly depends on whether the defaulter has paid his debt. The Federal Law “On Enforcement Proceedings” states the following fact: a bailiff is provided with remuneration for the successful performance of his work.
That is, if the bailiff ensured the timely repayment of the debtor’s bills, then he receives 5% of the collected amount or the value of the property. However, the amount that the bailiff will receive should not exceed 10 times the minimum wage. If the bailiff partially completed the task for reasons beyond his control, his remuneration will be paid in proportion to the amount collected.
How should the defaulter behave after the enforcement document comes into force?
After the agreement comes into force, the bailiff will send a copy of the writ of execution to the debtor. This document will indicate the details and amount of debt. Within five days, the debtor can voluntarily contact the bank and pay off all debts. However, if this is not possible, then the bailiff will come to his home within two months. The powers of bailiffs do not include warning about their visit.
The bailiff must be dressed in a special uniform and have the necessary official documents with him. When the bailiff comes to the debtor’s home, the latter should behave appropriately, not rudely. Indeed, in addition to administrative penalties in the form of a fine, the debtor may also face criminal penalties for insulting a government official.
It should be noted that those defaulters who are ready to conduct a normal dialogue with the bailiff may receive a deferment in repaying the debt. To do this, you need to write an application to the court, and if the regulatory authorities are not against it, it will be on the side of the debtor. During the deferment, the powers of bailiffs in relation to debtors do not include the concern of the defaulter. Of course, there are situations when the debtor knows that he will not be able to repay the debt. Then you need to prepare for the fact that the property will be collected or seized.
Excess of powers by a bailiff
Bailiffs are, first of all, people, and there is a human factor here. Among the bailiffs there may be those who significantly exceed their authority. However, current legislation allows them almost everything. Many experts talk about significant gaps in the country’s laws, since, according to the Constitution and some codes, no one has the right to inspect someone else’s home without the consent of the people living there.
However, the Federal Bailiff Service, whose powers are quite extensive, allows itself the arbitrariness of its employees. In this case, the debtor has every right to sue for exceeding the powers of the bailiffs. In addition, you can now complain online by sending a letter to the Internet reception desk.
Conclusion
The FSSP is a very important body that helps the state in catching debtors and defaulters. Without this service, arbitrariness would occur in the country, and no one would pay taxes, knowing that no punishment would follow. This legislation provides for the use of force against debtors by bailiffs. Some people think this is right, while others think it is immoral.
However, everyone agrees that the powers of bailiffs need to be slightly narrowed. Still, it is very difficult now to find the line between law and arbitrariness.
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 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 owned by 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 (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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