In this article, lawyer Alexei Knyazev answers the popular question: “Who oversees the work of bailiffs?”

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

Information about changes:

Federal Law No. 194-FZ of July 19, 2009 amended Item 1 of Article 19 of this Federal Law

1. Decisions, actions (inaction) of a bailiff may be appealed to a higher official or to the court. Filing a complaint with a higher official is not an obstacle to going to court.

2. The bailiff is responsible for misconduct and offenses in accordance with the legislation of the Russian Federation.

3. Damage caused by a bailiff to citizens and organizations is subject to compensation in the manner prescribed by the civil legislation of the Russian Federation.

4. Supervision over the execution of laws in the exercise of their functions by bailiffs 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 prosecutors subordinate to him.

See comments to Article 19 of this Federal Law

Who supervises the bailiffs

The actions of the FSSP employees in the performance of their assigned duties are subject to control on the basis of the provisions of Article 19 of the Law on Bailiffs. It is carried out by the Prosecutor General's Office and lower-level employees of the relevant departments.

Regulatory regulation

Based on the provisions of chapter 3 of the Federal Law-2202-1 of 17.01.1992. the obligation to supervise the implementation of legislative acts by the services that carry out the operational-search activity, inquiry and preliminary investigation.

In addition, there are various departmental acts that prosecutors should be guided by when exercising control functions for the implementation of the law by FSSP employees.

One of these documents is the order of the Prosecutor General's Office of the Russian Federation dated April 25, 1999 No. No. 19/38 “On measures to ensure prosecutorial supervision ... foreclosure on property for mobilization purposes”, as well as No. 155/7 of 12.05.2009. "About the organization ...".

What is meant by supervision of the work of FSSP employees and why it was introduced

Control over the performance of official duties by employees is one of the types of monitoring by the relevant organizations of the fulfillment of legal requirements by employees of the service in the implementation of court decisions, in particular, and the confiscation of assets.

Employees of the prosecutor's office are vested with powers that give them methods of influencing employees of the service if they violate the powers and interests of various subjects. Such a procedure raises the degree of confidence in the judicial system, improving it and developing the activities of employees, as well as ensuring law and order in the conduct of legal proceedings.

What are the oversight functions?

The Prosecutor General oversees:

• applying appropriate measures when making decisions or generating documentation;
• taking into account statements made on the actions of employees in the course of executive measures;
• legality of confiscation of property objects;
• the completeness of the application of measures in the search for the debtor;
• record keeping.

In accordance with the Law "On the Prosecutor's Office of the Russian Federation" (hereinafter referred to as the law), its employees perform control functions over the fulfillment of the requirements of the legislative framework by executors in the performance of their duties.

Supervisory measures for the activity of service employees are carried out on:

• ensuring the security of the parties to the litigation and its operations;
• the quality of the preparation of premises for the conduct of legal proceedings;
• delivery of physical evidence to court hearings;
• execution of judge's verdicts;
• requirements for the taking of testimony during hearings, persons avoiding appearance;
• enforcement of the provisions of the law;
• conducting joint operations of bailiffs and employees of other law enforcement agencies in relation to subjects in custody;
• compliance with the regulated deadlines in the implementation of the instructions of the court verdicts.

Supervisory tasks for the actions of bailiffs

The main control functions are:

• compliance by employees with the rules provided for by the rules of law and applied within the framework of their official powers;
• decisions made by service employees must comply with the provisions of the legislative framework in the field of enforcement of court decisions;
• observance of the legal rights of various subjects in the implementation of executive measures.

The objects of prosecutorial control include:

• FSSP of Russia and its territorial branches;
• service employees who carry out actions to implement court decisions;
• administration of institutions involved in the execution of punishments and the use of coercive measures;
• management of colonies, isolation wards and other places of restriction or deprivation of liberty.

Surveillance item

When implementing measures to enforce court verdicts, the following actions are subject to control:

• execution of court decisions and other state bodies;
• compliance with the requirements of the legislative framework by the authorities;
• equal rights of all inhabitants of the country.

ATTENTION! Bailiffs are obliged to follow the decisions allowed by the legal framework of Russia, and not to exceed the possibilities at their discretion.

What powers does an employee of the prosecutor's office have when performing control functions

If violations are found in the actions of FSSP employees, the prosecutor's worker has the right to:

• access any information;
• require the management of the service to provide reporting data, necessary documentation, supporting materials;
• has the right to involve in the event of a difficult situation other specialists, determined by Article 21 of the Law;
• summoning the necessary persons to obtain information about the causes of the offense;
• carrying out verification activities to identify the legality of the actions taken;
• enjoy unhindered access to controlled premises and territories.

The powers of the prosecutor include:

• making decisions on compensation for damages caused to persons in the course of illegal measures;
• the release of subjects whose arrest was not carried out on the basis of the rule of law;
• taking part in legal proceedings of courts of various levels to protect the rights of people and institutions;
• issuing requirements for the possible bringing of violators to administrative or criminal liability.

Such powers allow to supervise the legality of the actions of subordinate units.

Hosting an event

The effectiveness of the actions taken to comply with the provisions of the regulatory framework by bailiffs depends on the specific planning of measures determined by the employees of the structure.

ATTENTION! For the qualitative organization of work, it is necessary to have a high level of knowledge of the current legislation, as well as to know the practice of its application. Therefore, employees of the structure constantly improve their skills.

To do this, assistant prosecutors or his deputies:

• are provided with a regulatory framework, manuals and recommendations;
• are collected for the purpose of selecting and analyzing information;
• an action plan is drawn up;
• are endowed with reliable data on cases of occurrence of offenses: collection, processing and storage of information during the investigation. Such information can come not only in the form of complaints and appeals from citizens or law enforcement agencies, but also as materials requested from various institutions, obtained in the exercise of control functions over compliance with norms in various areas of civil society;
• the list of activities may include verification actions in relation to organizations or entities to detect violations;
• analytical activity;
• interact with other structural departments of the service;
• prepare reports on the actions taken.

Measures of influence

The following steps may be taken during audits:

• protesting normative documentation that contradicts the legislation of Russia;
• filing lawsuits with the appropriate authorities at various levels to protect the rights of affected people;
• opening cases on the fact of exceeding authority by employees of the FSSP.

IMPORTANT! When determining measures of influence, the prosecutor has the right to be guided by the norms of the Law and acts of the Prosecutor General's Office and proceed from legitimate considerations in the eradication of offenses, taking into account the prevailing conditions.

Supervision over the legality of the official activities of the executors of court verdicts is an important function of the social and legal life of the country's population. The overall peace of mind of citizens and the quality of their life in the state depend on the quality of detecting crimes and the speed of responding to them.

Sample complaint against bailiffs to the prosecutor's office

The actions of bailiffs are regulated by law. For illegal or contrary to the law actions of the bailiff, punishment is due, in the same way as for inaction. All that is needed to do justice is to prove the guilt of the bailiff to the prosecutor, and an experienced lawyer will help restore justice. His qualifications include providing services for drafting a complaint, as well as assisting in the formation of the applicant's legal position.

A bailiff is an official appointed by law who exercises control over compliance with a court decision and acts as a bailiff, is a guarantor of the fulfillment by the defendant of all points of the decision.

General Prosecutor's Office of the Russian Federation

In order to increase the effectiveness of the implementation of prosecutorial supervision over the implementation of legislation regulating the activities of bailiffs, in connection with the entry into force of the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings”, as well as amendments to the Code of Criminal Procedure of the Russian Federation, guided by Art.

Supervisory authority over bailiffs

In connection with the transition to new market relations, the problem of the execution of judicial acts and acts of other bodies in the field of such offenses as property, family, labor, administrative, etc. becomes more and more urgent.

Low executive discipline is extremely costly for both individuals and society as a whole, reduces the effectiveness of the functioning of the judicial system. In the 1990s a set of measures was taken to reform the enforcement proceedings in the country. The institution of bailiffs has been abolished.

Supervisory authority over bailiffs

Bailiff Service of the Ministry of Justice of the Russian Federation. The Ministry of Justice of the Russian Federation has created and operates a service of bailiffs, the purpose of which is to ensure compliance with order in court hearings and the execution of court decisions. The bailiff service is designed to replace the bailiffs currently operating at the district courts, whose work in the face of a sharp increase in the volume of judicial activity and, accordingly, court decisions, as well as opposition to their execution, turned out to be ineffective.

The bailiff service is organized and operates in accordance with the federal laws "On bailiffs" and "On enforcement proceedings". This service includes: The Chief Bailiff of the Russian Federation, who is the Deputy Minister of Justice of the Russian Federation.

Supervisory authority over bailiffs

The division of bailiffs on a functional basis into two categories, of course, predetermines certain differences in the powers of prosecutors to oversee the implementation of laws by certain bailiffs.

But he does not have the authority to verify the legality of court orders, decisions, the execution of which is charged with the duty of the relevant bailiff, since the activities of the courts are not included in the subject of prosecutorial supervision.

Illegal arrest of an account by bailiffs: Which accounts the FSSP cannot seize

Often, citizens complain about the arrest of the account by bailiffs, to which child benefits come from the federal budget.

In this article, we will consider whether the actions of bailiffs are legal in this case and find out when and for what the FSSP can arrest accounts. Bailiffs can seize the account in cases of non-payment of taxes and utility bills, as well as in case of default on their credit obligations.

It should be noted that the arrest of the account by bailiffs does not occur spontaneously. The FSSP freezes the account only after a court decision has been issued. After the court has issued a ruling, bailiffs submit requests to banks about the debtor's accounts.

If there are already funds in these accounts, they are debited to pay off the debt.

This video will help you better understand the procedure.

Photo by Pravo.Ru

The Judicial Department under the Supreme Court of the Russian Federation raised the question of the legality of prosecutorial checks conducted in the system of the Court Department before the Council of Judges of the Russian Federation. In particular, prosecutors check the employees of the regional departments of the SD for their compliance with anti-corruption laws. According to the SD, supervision over its work is not at all within the competence of the prosecutor's office.

As stated in the reference submitted to the Council of Judges, the heads of the regional departments of the Court Department report to Moscow on the prosecutor's checks being carried out in them. Most often, prosecutors check whether the anti-corruption legislation is being implemented, as well as the rules for keeping defendants in temporary detention cells in courts.

As stated in the certificate, "in the course of the above inspections in the courts of general jurisdiction and the system of the Judicial Department, there are cases of additional inspection by the prosecutor's office of the organization of the civil service with access to personal files ... and other documents containing personal data."

According to the SD, by conducting such inspections, the prosecutor's office exceeds its legal powers. So, in Art. 21 of the Law "On the Prosecutor's Office of the Russian Federation" (see) provides an exhaustive list of objects of prosecutorial supervision, which does not include the Judicial Department. The law states that the prosecutor's office, in particular, oversees compliance with the law in federal executive bodies. However, according to the Court Department, this rule does not apply to the SD and its territorial bodies, since they "are not state executive bodies."

In support of its position, the SD refers to clause 1, article 1 of the law "On the Judicial Department under the Armed Forces of the Russian Federation" (see), where the SD is called "a federal state body that provides organizational support for the activities of ... courts, bodies of the judicial community, as well as financing of world judges." At the same time, all bodies of the Court Department, the statement says, "are called upon to help strengthen the independence of courts, the independence of judges."

From the foregoing, the Judicial Department concludes that the Prosecutor's Office is not authorized to supervise compliance with the law in the Court Department, as well as in the courts of general jurisdiction.

It should be reminded that prosecutors not only carry out "anti-corruption" checks in the institutions of the Court Department and courts, but also sometimes report on their results in the press. For example, in August 2010, we reported that such checks were carried out in the SD administration and court administrations in the Tyumen region. At that time, prosecutors convicted a number of employees of the local court department and court administrators of providing false information about their income and other violations, as a result of which 11 people were punished.

The decision of the Council of Judges on this issue has not yet been reported. However, on Thursday, talking to the press after a regular meeting of the Council, Vyacheslav Lebedev, Chairman of the Supreme Court of the Russian Federation, and Alexander Gusev, Director of the Judicial Department under the Supreme Court of the Russian Federation, commented on the topic of prosecutorial checks.

When asked whether the prosecutor's office has the right to check the bodies of the Judicial Department, Vyacheslav Lebedev replied that "an employee of the SD is not a judge, he does not have the status and special procedure for bringing him to responsibility, including criminal liability. Well, what will an employee of the Judicial Department argue if the prosecutor has a reason and grounds to check whether to initiate a criminal case or not?"

After that, the head of the Supreme Court called Alexander Gusev and asked him to comment. "It was about," Gusev said, "that the prosecutor's office is checking the condition of the escort premises, rooms for storing material evidence. Actually, it was about the procedure for joint inspections of the Prosecutor General's Office and the Judicial Department. We would like to reinforce the position of the Council of Judges on how to conduct these inspections "No more than that. This is the right of the Prosecutor General's Office, we treat it with great respect and do not argue about anything."

The actions of the FSSP employees in the performance of their assigned duties are subject to control on the basis of the provisions of Article 19 of the Law on Bailiffs. It is carried out by the Prosecutor General's Office and lower-level employees of the relevant departments.

Regulatory regulation

Based on the provisions of chapter 3 of the Federal Law-2202-1 of 17.01.1992. the obligation to supervise the implementation of legislative acts by the services that carry out the operational-search activity, inquiry and preliminary investigation.

In addition, there are various departmental acts that prosecutors should be guided by when exercising control functions for the implementation of the law by FSSP employees.

One of these documents is the order of the Prosecutor General's Office of the Russian Federation dated April 25, 1999 No. No. 19/38 “On measures to ensure prosecutorial supervision ... foreclosure on property for mobilization purposes”, as well as No. 155/7 of 12.05.2009. "About the organization ...".

What is meant by supervision of the work of FSSP employees and why it was introduced

Control over the performance of official duties by employees is one of the types of monitoring by the relevant organizations of the fulfillment of legal requirements by employees of the service in the implementation of court decisions, in particular, and the confiscation of assets.

Employees of the prosecutor's office are vested with powers that give them methods of influencing employees of the service if they violate the powers and interests of various subjects. Such a procedure raises the degree of confidence in the judicial system, improving it and developing the activities of employees, as well as ensuring law and order in the conduct of legal proceedings.

What are the oversight functions?

The Prosecutor General oversees:

• applying appropriate measures when making decisions or generating documentation;
• taking into account statements made on the actions of employees in the course of executive measures;
• legality of confiscation of property objects;
• the completeness of the application of measures in the search for the debtor;
• record keeping.

In accordance with the Law "On the Prosecutor's Office of the Russian Federation" (hereinafter referred to as the law), its employees perform control functions over the fulfillment of the requirements of the legislative framework by executors in the performance of their duties.

Supervisory measures for the activity of service employees are carried out on:

• ensuring the security of the parties to the litigation and its operations;
• the quality of the preparation of premises for the conduct of legal proceedings;
• delivery of physical evidence to court hearings;
• execution of judge's verdicts;
• requirements for the taking of testimony during hearings, persons avoiding appearance;
• enforcement of the provisions of the law;
• conducting joint operations of bailiffs and employees of other law enforcement agencies in relation to subjects in custody;
• compliance with the regulated deadlines in the implementation of the instructions of the court verdicts.

Supervisory tasks for the actions of bailiffs

The main control functions are:

• compliance by employees with the rules provided for by the rules of law and applied within the framework of their official powers;
• decisions made by service employees must comply with the provisions of the legislative framework in the field of enforcement of court decisions;
• observance of the legal rights of various subjects in the implementation of executive measures.

The objects of prosecutorial control include:

• FSSP of Russia and its territorial branches;
• service employees who carry out actions to implement court decisions;
• administration of institutions involved in the execution of punishments and the use of coercive measures;
• management of colonies, isolation wards and other places of restriction or deprivation of liberty.

Surveillance item

When implementing measures to enforce court verdicts, the following actions are subject to control:

• execution of court decisions and other state bodies;
• compliance with the requirements of the legislative framework by the authorities;
• equal rights of all inhabitants of the country.

ATTENTION! Bailiffs are obliged to follow the decisions allowed by the legal framework of Russia, and not to exceed the possibilities at their discretion.

What powers does an employee of the prosecutor's office have when performing control functions

If violations are found in the actions of FSSP employees, the prosecutor's worker has the right to:

• access any information;
• require the management of the service to provide reporting data, necessary documentation, supporting materials;
• has the right to involve in the event of a difficult situation other specialists, determined by Article 21 of the Law;
• summoning the necessary persons to obtain information about the causes of the offense;
• carrying out verification activities to identify the legality of the actions taken;
• enjoy unhindered access to controlled premises and territories.

The powers of the prosecutor include:

• making decisions on compensation for damages caused to persons in the course of illegal measures;
• the release of subjects whose arrest was not carried out on the basis of the rule of law;
• taking part in legal proceedings of courts of various levels to protect the rights of people and institutions;
• issuing requirements for the possible bringing of violators to administrative or criminal liability.

Such powers allow to supervise the legality of the actions of subordinate units.

Hosting an event

The effectiveness of the actions taken to comply with the provisions of the regulatory framework by bailiffs depends on the specific planning of measures determined by the employees of the structure.

ATTENTION! For the qualitative organization of work, it is necessary to have a high level of knowledge of the current legislation, as well as to know the practice of its application. Therefore, employees of the structure constantly improve their skills.

To do this, assistant prosecutors or his deputies:

• are provided with a regulatory framework, manuals and recommendations;
• are collected for the purpose of selecting and analyzing information;
• an action plan is drawn up;
• are endowed with reliable data on cases of occurrence of offenses: collection, processing and storage of information during the investigation. Such information can come not only in the form of complaints and appeals from citizens or law enforcement agencies, but also as materials requested from various institutions, obtained in the exercise of control functions over compliance with norms in various areas of civil society;
• the list of activities may include verification actions in relation to organizations or entities to detect violations;
• analytical activity;
• interact with other structural departments of the service;
• prepare reports on the actions taken.

Measures of influence

The following steps may be taken during audits:

• protesting normative documentation that contradicts the legislation of Russia;
• filing lawsuits with the appropriate authorities at various levels to protect the rights of affected people;
• opening cases on the fact of exceeding authority by employees of the FSSP.

IMPORTANT! When determining measures of influence, the prosecutor has the right to be guided by the norms of the Law and acts of the Prosecutor General's Office and proceed from legitimate considerations in the eradication of offenses, taking into account the prevailing conditions.

Supervision over the legality of the official activities of the executors of court verdicts is an important function of the social and legal life of the country's population. The overall peace of mind of citizens and the quality of their life in the state depend on the quality of detecting crimes and the speed of responding to them.

The work of bailiffs is entirely controlled by the state and the legislator. Federal Law of July 21, 1997 No. 118-FZ “On bailiffs” determines all aspects of the activities of this organization. At the same time, it is established that there is a senior bailiff who supervises and controls the work of his subordinates.

Bailiffs quite often collect damages caused by the car owner as a result of an accident.

Who exactly supervises the work of bailiffs?

1. Senior bailiff - he is the direct supervisor of all bailiffs. If bailiffs work irresponsibly or do not fulfill the set requirements, and sometimes exceed their authority, this is a reason to write a complaint to the senior bailiff. In fact, this most often works, which allows you to get positive results of interventions;
2. If you are dealing with a crime of bribery, then you definitely need to stock up on evidence, after which, file an application with the prosecutor's office. Most often, the prosecutor's office immediately begins the process of examining documents, conducts an investigation, and such a bailiff is very quickly brought to justice;
3. The main department of the FSSP of Russia is the highest authority where you can apply if the bailiff and senior bailiff have not changed their tactics of behavior and violate your legitimate rights and interests.

Features of the work of bailiffs

In principle, bailiffs are engaged exclusively in enforcement proceedings, that is, the recovery of funds from debtors. Thus, it becomes clear that the activities of these employees often require drastic decisions. Not everyone likes such decisions, it is for this reason, often, that complaints are written against bailiffs that do not correspond to reality. In principle, senior bailiffs have to deal with all complaints of this format. It is they who carry out the process of a working investigation, check the cases that this or that bailiff is conducting, in order to subsequently make the right decision about the quality of work and the adequacy of behavior.

Upon taking office, the bailiff assumes the obligation to comply with all the regulations of the law. If the bailiff violates them, then in this case, administrative responsibility will be formed. If the violations are serious, even criminal liability can be formed.

The activities of bailiffs are very closely monitored. In each city, region and region, there are higher authorities - the FSSP departments. So, if necessary, you need to write complaints in the ascending hierarchy of this system. But, first, it is best to contact the senior bailiff (the direct supervision of the bailiff). Practice shows that such appeals, as a rule, give their results, and the senior bailiff puts things in order in the actions of his subordinates.

Reading time: 7 min

A civil case won in a trial is only part of the litigation, because The judgment of the court must still be carried out. In Russia, the bailiffs are the authorized body for the execution of court decisions. These officials have the authority to collect funds and take legal measures to comply with the requirements issued by the court.

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However, this procedure is not always carried out properly, in connection with which the citizens have a question of what to do if the bailiffs are inactive. This is what will be discussed in the publication, as well as where you can complain and how to punish the bailiff.

For all additional questions, please contact the lawyers of the portal. Consultations are provided free of charge for all residents of the Russian Federation.

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Grounds for filing a complaint against a bailiff

On bailiffs who do not properly fulfill the obligations assigned to them, ignore legislative norms and regulations, or show inaction in enforcement proceedings, a citizen has the right to complain about the bailiffs to the controlling authorities.

The main reasons for applying should be:

1. For inaction in proceedings for the recovery of debt obligations.
2. Failure to provide materials for familiarization to the participant of this process without objective reasons.
3. Ignoring court requirements for a decision on alimony payments.
4. Lack of measures to search for the defendant.
5. The debtor has become a victim of forced collection of debts with disregard for his right to repay debt obligations voluntarily.
6. Expiration or violation of the period for actions of a procedural nature.
7. The execution of the proceedings took place in violation of the norms and provisions of the Legislation of the Russian Federation, incl. use of prohibited activities.
8. Other actions, as well as their absence, that violate the legitimate interests of a person.

Based on the above information, a citizen whose rights have been violated has the right to write a statement to the authorized authorities with a complaint against the bailiff. How this can be done and where to go, you will learn by reading the article.

Watch the video:"Step by step plan - how to complain about the bailiff."

Who controls the actions of bailiffs

Considering the question of where to complain about the bailiff for inaction, a complete list of such authorities should be given:

1. We complain about the higher management of the bailiff.
   You can find out the chain of command when filing a complaint from October 2, 07 (with the latest changes and amendments in 2020). The review period is ten days. But this period can be stopped if an identical application is received by the judicial authority ().
2. Contact the judicial authority ().
   In this format, the complaint will be considered within ten working days. An individual must send a claim to a court of general jurisdiction. It is noteworthy that citizens in this case are exempt from paying tax. Organizations should file complaints with an arbitral tribunal.
3. Forward the complaint to the prosecutor's office in the area of ​​residence of the applicant, whose rights and interests were violated.
   As practice shows, this approach is the most effective, because. increases the likelihood of a claim being satisfied.
4. The legislator allows filing a complaint simultaneously with all the indicated instances.

With the question of where to write a complaint, we figured it out. Now we should mention how this can be done. There are three options: a personal visit to the selected structure, the method of sending an e-mail or Russian post through the ordered form with a notification (keep the receipt).

Time to file a complaint

The Law "On Enforcement Proceedings", in particular, states that a filed claim for inaction of bailiffs must be sent within ten days.

The countdown of the specified period starts:

• from the date of the decision issued by the court;
• from the moment of revealed violation of the rights of a citizen;
• from the time information was received on the absence of bailiffs' actions.

If this period is missed, with due respect, the applicant has the right to renew it. Accordingly, valid circumstances must be supported by evidence. This can be a train / plane / bus ticket, a certificate from a medical institution on inpatient treatment, as well as a business trip sheet.

Drafting a complaint to the prosecutor's office

In order for a claim to be accepted for consideration, it must be properly formatted, namely, in a written format, literate text and in an official style of presentation of the essence. When considering where to complain, it should be understood that the oral format will not take any action, because. it has no legal significance.

When drafting a document to authorities that may affect the bailiff, it is necessary to rely on legislative and procedural norms, with the obligatory consideration of the aforementioned Federal Law and the one contained therein.

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If you have certain legal knowledge and literacy, it will not be difficult to do this. By contacting the competent lawyers of this web resource, you can get a competently drawn up claim.

So, write a complaint as follows with the content of such information as:

1. The name of the body where to complain about the inaction of the performers. The address and surname, first name, patronymic of the authorized employee are also indicated, incl. his position.
2. Information about the applicant submitting the complaint, indicating the full name and place of residence. If the claim is filed by a legal entity, then the full details of the company are indicated.
3. Details of the court-appointed executor against whom the complaint is filed.
4. Information about enforcement proceedings: No. and date of opening of the case.
5. Subject of the application.
6. List of grounds that gave rise to the claim. For example, it can be cases of alimony obligations. In this case, it is written that legal proceedings were initiated, but after a long time (indicate the period), the court did not take measures aimed at obtaining a debt. The payer (full name) continues to hide from the payment of alimony.
7. An indication of the rights that have been violated. If we turn to the previous example, then in this case the interests of children are violated, for whom the debt on maintenance obligations is collected.
8. A list of requirements in a clear and concise form to take action against illegal actions or inaction of the bailiff and the renewal of the rights violated by the executor.
9. The date.
10. Applicant's signature.

When filing a claim on behalf of a representative, a power of attorney is attached to the application.

If there is documentation relevant to the case or evidence base, it is recommended to attach it to the claim. The list of attached documents should be reflected in the text of the complaint. However, the legislator does not require the attachment of such documents when applying.

If necessary, the competent authority will send a request to the appropriate authority and receive evidence of a particular violation. In this case, the review period will be suspended until the request is answered.

Consideration of a claim

If the bailiffs were inactive in relation to your case, then, as a rule, they should be influenced through the senior bailiff. It is he who is the first instance that will consider the appeal, and monitors whether it is executed or not.

Sanctions will be applied to the authorized person who performed the duties in bad faith.

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And the result of the considered appeal will be the following actions:

1. Issuance of a decision to seize the property and property of the defendant in the case.
2. Sending a request to search for a payer, incl. his property.
3. Visiting the debtor at the address of his location and conducting an inventory of material goods acquired by him. The purpose of this action is to put up for auction property to pay off debt obligations to the plaintiff.
4. Direction of refusal to satisfy the claim, if there are reasonable arguments for that, incl. lack of grounds.

If you contacted the prosecutor's office, then after checking, the result will be as follows:

1. The prosecutor will receive the materials on the case and conduct a thorough analysis.
2. After analyzing and verifying the grounds given, an appropriate order is issued, and the bailiff's illegal actions will be canceled.
3. Issuing a warning to the bailiff.
4. Entering relevant requirements.

The decision of the prosecutor's office is mandatory in this case, because. it is he who instructs the contractor to take measures, and the latter undertakes to carry them out in the exact amount. The results of the work carried out are reported to the prosecutor. In addition, the powers of the prosecutor's office to call the bailiff to disciplinary responsibility.

According to the current Russian laws, bailiffs are obliged, after receiving a writ of execution, to open proceedings and within 2 months. start doing it. However, practice shows that this period is rarely observed and the reason is banal - a high "turnover" of personnel in these bodies. In this regard, the terms may increase, because. the case is transferred from one executor to another.

Watch the video:"Detailed consideration of the issue of forming a complaint against a bailiff for action or inaction."