A bailiff is a civil servant whose duties include the enforcement of court decisions and orders.

The job of a bailiff is a thankless job. It is they who, by a court decision, freeze accounts due to non-payment of a loan, impose restrictions on traveling abroad, write off from a bank card to pay traffic police fines or unpaid alimony, seize cars and real estate in case of non-payment of a loan.

In this article, we will figure out who the bailiffs are, what they rely on when performing their official duties, what rights they are endowed with and how to counteract the unlawful actions of employees of this state body. In addition, we will try to understand what benefits can be derived from cooperation with bailiffs.

FSSP RF is the Federal Bailiffs Service of the Russian Federation. An executive body that is part of the unified system of the Ministry of Justice.

The main functions of the bailiff service:

• Monitor security and ensure order in the courts;
• Execute judicial acts that have entered into force, acts of other authoritative state bodies and officials;
• Manage the territorial bodies that are part of the FSSP of the Russian Federation;
• Maintain a state register of legal entities that are engaged in the return of overdue debts (collection agencies);
• Implementation of state control over the activities of collection agencies.

Structurally, the federal bailiff service consists of the following elements:

1 of the Central Office of the FSSP of Russia;

2 Territorial bodies, which are divided into districts (8 districts in total). The territorial bodies include GOSP (city departments of bailiffs) and ROSP (district departments of bailiffs).

In our time, bailiff units are an ordinary attribute of state power in the regions, the same as courts, prosecutors, police, tax authorities and other state authorities.

The FSSP does not have a representative office abroad and subordinate state authorities.

This subdivision in the structure of executive power, in its usual form, was formed as a result of the reform of the Ministry of Justice. Regulations on the Federal Bailiffs Service of the Russian Federation, approved by Decree of the President of the Russian Federation on October 13, 2004. But, despite the relatively short period of activity, this service and profession has very deep historical roots. The history of the emergence of this profession begins its countdown from the 11th-12th centuries. AD

The first historical references to bailiffs can be found in Russkaya Pravda and in the annals of the Novgorod feudal republic and in the Sudebnik of 1479. Despite the fact that the title of the position sounded different (youths, swordsmen, children's, podvoi, etc.), the essence of their powers did not change and was the execution of monetary penalties by court decision.

The situation changed in the 17th century, when, after the adoption by the Zemsky Sobor of the Council Code of 1649, the ratio between property and corporal punishment changed sharply towards an increase in the latter. The need for a specialist to collect fines and penalties gradually faded away, and at the beginning of the 18th century, the powers of bailiffs were given to the police.

In 1864, Emperor Alexander II carried out a series of reforms that radically changed the situation. It was decided to revive the institution of bailiffs. Later, a system of bailiffs was formed: there were private bailiffs, city investigative bailiffs, and judicial ones.

The powers of the bailiffs included: bringing, notification, receiving funds from the debtor before the court decision (why not?), execution of court decisions, delivery of subpoenas and documents on court cases to the parties to the proceedings.

Upon entering the sovereign's service, the bailiff received a badge, a seal and three laced books. Book of accounting for incoming documents, outgoing, and cash income and expense book.

The trial period was 1 year. A candidate for the position paid a security deposit of 600 rubles, a contribution that was a guarantor of compensation for losses from illegal actions of the bailiff. Upon taking office, the bailiff took an oath. It was impossible to change the place of residence of the bailiff without obtaining the permission of the chairman of the court, and the monetary allowance was the smallest in the office of the court. The annual allowance, together with food and housing, was 600 rubles.

In 1917, by the Decree of People's Commissars "On the Court", the system of bailiffs was abolished along with the institution of magistrates and district courts.

Radical economic changes in the state at the end of the 20th century prompted a review of the judicial system. With the adoption in 1997 of the laws "On Bailiffs" and "On Enforcement Proceedings", the formation of the bailiff service began. Now, the Federal Bailiff Service has become part of the unified system of the Ministry of Justice and is an agency that covers all regions of the Russian Federation and provides enforcement proceedings.

Who are bailiffs

Any citizen of the Russian Federation who has a higher legal or economic education, aged 21 years or older, can apply for a job in the SSP and take the position of a bailiff. The future bailiff must not have a criminal record, including an expired one. The applicant for the position and his immediate family should not have debts.

You can view the qualification requirements for candidates for the position of the FSSP on the official website of the FSSP of the Russian Federation, here you can also familiarize yourself with the hierarchy of positions in the FSSP.

Depending on the duties assigned to the FSSP employee, bailiffs are divided into categories:

1 bailiffs- these are bailiffs who carry out court decisions;

2 bailiffs for OUPDS(ensuring the established procedure for the activities of the courts) - these persons monitor the observance of law and order in the courts, are accompanying bailiffs when traveling to the addresses of debtors, search for debtors, and so on.

Let's take a closer look at the first category, since people often have to deal with them.

bailiff - this is an official whose main duty is the execution of decisions of the court, as well as other government bodies and officials that have entered into force.

The bailiff is engaged in the forced seizure of funds, which includes the detection, arrest and retention of funds in the bank accounts of the debtor, as well as the arrest, evaluation and transfer for sale of the debtor's property, with subsequent repayment of the debt.

The bailiff does not sell the debtor's property on his own. He can only arrest him, and if there is a suspicion that the property may be lost, sold or damaged, he seizes it and transfers it to the custody of organizations with which the bailiffs have concluded storage agreements.

There are special methodologies for calculating the valuation in NGN. The valuation of property is carried out on the basis of its technical condition and external signs. If, according to a preliminary assessment, the value of the debtor's property is more than 30 thousand rubles, then the involvement of a specialist appraiser is mandatory.

After 10 days, during which it is possible to appeal against the decision on arrest, a decision is made on the sale of the arrested property and the package of documents is transferred to the Federal Property Management Agency. The Federal Property Management Agency conducts auctions both independently and using contractual relations with organizations involved in the sale of property. The rules for the sale of the debtor's property are prescribed in Article 87 of the Law "On Enforcement Proceedings".

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After the announcement of the sale is published in the media, the property is put up for auction. If the seized property was sold at the auction, then within 5 days, the money will go to the account of the bailiffs, and they, in turn, will transfer them to the claimant.

In order to expedite the fulfillment of the requirements for an ID (executive document), bailiffs have the right to apply a number of incentive measures. This, for example, the restriction of travel outside the borders of the Russian Federation, a ban on the sale, donation (alienation) of movable and immovable property, a ban on obtaining a passport, and others.

Purpose of performance - the maximum possible satisfaction of the interests of the claimant, which are based on the executive document. At the same time, observance of the rights and legitimate interests of citizens and organizations, including the interests of the debtor, is mandatory.

What is an executive document, you can find out by referring to Article 12 of the Federal Law "On Enforcement Proceedings" dated 02.10.2007

What documents are the reason for initiating enforcement proceedings by bailiffs:

• Writs of execution issued by courts on the basis of judicial acts;
• Court orders and acts on cases of administrative offenses;
• Notarized agreements on the payment of alimony;
• Certificates issued by labor dispute commissions;
• Acts of the PFR and the FSS of the Russian Federation on the recovery of funds from the debtor of an individual entrepreneur;
• Decisions of the bailiff-performer;
• Acts of other bodies in cases stipulated by federal law;
• Executive inscription of the notary;
• Executive documents issued by the competent authorities of foreign states, subject to execution on the territory of the Russian Federation in accordance with international treaties.

Legal status of a bailiff

Features of the legal status (a set of rights and obligations) of this representative of power are determined by the legal norms that regulate the issues of enforcement proceedings:

• Federal Law "On Enforcement Proceedings" dated 02.10.2007 N 229-FZ
• Federal Law "On bailiffs" of July 21, 1997 N 118-FZ.

In addition, such documents include a number of local acts of the Ministry of Justice of the Russian Federation.

In carrying out his official duties, the bailiff represents the executive branch of government, and therefore, his requirements are mandatory and disobedience to them threatens with administrative responsibility. Failure to comply with the requirements of the bailiff entails the imposition of a fine. The amount will be from 1 to 2.5 thousand rubles. A fine can also be issued for other violations (did not notify of dismissal from work, concealed information important for enforcement proceedings, etc.) under Part 1 of Art. 17.14 Administrative Code of the Russian Federation. In addition, by obstructing the work of the bailiff, you are trying to influence the course of enforcement proceedings, criminal liability is provided for this (Chapters 30 and 31 of the Criminal Code of the Russian Federation).

Describing the competence of the bailiff, it is necessary to point out their mandatory feature - territoriality. That is, the execution is carried out precisely by the structural unit of the FSSP, which is assigned to the territory in which the debtor lives, is located, and is registered.

What is included in the powers of the bailiff-executor and what rights does he have

The powers of bailiffs in relation to debtors are very broad, which allows them to successfully achieve the implementation of the requirements of executive documents. Powers are the rights with which an official is vested in the performance of the duties assigned to him.

The rights and obligations of the bailiff-performer are regulated by Article 12 of the Federal Law "On bailiffs" dated July 21, 1997 N 118-FZ.

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The list of rights is exhaustive, that is, it is a limited law. Another thing is that some of the wording of the law can be interpreted ambiguously, but this is not the fault of the bailiffs, but shortcomings in lawmaking.

So, the bailiff has the right:

• Receive information necessary for work within the framework of enforcement proceedings, namely, certificates, answers to requests, including your personal data;
• Check employers in relation to its employees-debtors, including conducting audits of accounting documentation on the execution of executive documents;
• Give physical. individuals and organizations involved in the production of orders, the execution of which is mandatory, for example, to give an order (on the basis of a decision) to a financial and credit organization, to withhold funds from the debtor's accounts, to give an order to hand over a summons about the need to appear at an appointment with a bailiff, for example, a relative or head of the organization where the debtor works etc.;
• To enter premises owned by debtors, inspect them, and, if necessary, open these premises. In addition, on the basis of a court decision, the bailiff may perform these actions in relation to premises that belong to other persons, but in which, in the opinion of the bailiff, the property of the debtor may be located (hidden);
• Seize property, seize it, transfer it for storage and engage in the sale of seized property;
• Use, with the consent of the owner, non-residential premises for the storage of property that has been seized, use the transport of the debtor or the recoverer to transport the seized property. Transport costs are borne by the debtor.
• Apply to the court with a request to clarify the meaning of the requirements of the executive document if the method of its execution is unclear.
• To declare both the debtor and his property on the wanted list;
• Call for reception of the parties to the enforcement proceedings, citizens and officials passing under the executive documents. To interact with the parties to enforcement proceedings, bailiffs widely use the usual methods of communication: agenda, telephone message, telegram. The bailiff is a representative of the executive authority and his requirements are binding. If you ignore the summons, do not answer calls, and do not come to the appointment, this can lead to negative consequences in the form of a drive - delivery to the bailiffs department against your will, under escort;
• Check identity documents of a citizen from citizens participating in enforcement proceedings when performing enforcement actions;
• Seek help and cooperation from the police, the migration service, the Federal Security Service, the Ministry of Emergency Situations, local authorities, as well as military personnel and employees of the National Guard of the Russian Federation;
• Perform other actions provided for by the Federal Law "On Enforcement Proceedings" (as amended by the Federal Law of July 19, 2009 N 194-FZ).

The press service of the UFSSP for Komi published interesting facts about its activities

As a result of executive actions, FSSP employees collected and transferred 2 billion 197 million rubles to recoverers during the year. The largest amount, more than 1 billion rubles, is the tax debt of the Ukhta organization. The smallest debt - 1 kopeck was collected by the bailiffs of Vorkuta in favor of the Pension Fund.

The amount of the debt, due to which a resident of Sosnogorsk was limited in the right to travel outside the Russian Federation, amounted to 184 rubles 80 kopecks.

The bailiffs of Ukhta set the minimum value of the seized property - 20 rubles for "a black iron, covered with dust in places, in working order, the sole of the iron has minor scratches" (for a debt of 100 rubles).

Bailiffs of the Kortkeros district arrested 17 cows of the debtor.

A resident of Inta, being the responsible custodian of the arrested LG mobile phone, transferred the seized property for use to a third party, for which he was prosecuted under Art. 312 of the Criminal Code of the Russian Federation.

The strangest document to be executed was the decision of the Syktyvkar city court: to eliminate the noise from the operation of an aquarium compressor located in a residential area.

How and by whom is the work of bailiffs regulated?

On the basis of Article 19 of the Federal Law "On bailiffs" dated July 21, 1997 N 118-FZ, control and supervision over the activities of bailiffs is carried out by higher officials of the court and the prosecutor's office.

You can appeal against the decisions of the bailiff, his actions or inaction to the address of the senior bailiff (the head of this structural unit of the FSSP) and the court. Moreover, if you have already written a complaint to a higher official, this is not an obstacle to going to court.

The prosecutor's office has the right to exercise supervision over the implementation of laws in the performance of bailiffs-executors of their official duties.

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The damage caused by illegal actions or inaction of bailiffs will be compensated at the expense of the treasury of the Russian Federation, in accordance with Article 1069 of the Civil Code of the Russian Federation.

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What awaits the bailiff-performer for exceeding his powers

Unfortunately, the reality is that bailiffs often exceed their powers, or treat the regulations of the recovery procedure carelessly. It is difficult to say what is the reason for such violations. One of the reasons may be the huge workload of ordinary employees of the FSSP.

At one of the forums, a former employee of the FSSP shared his impressions of working in the GOSP (city department of bailiffs) of St. Petersburg.

Law is the basis of all parts of human life today. In other words, the legal aspect can be found almost everywhere. The best example of this thesis is the obligation branch of law. At first glance, this expression raises many questions among people who are not connected with jurisprudence at all. However, obligations surround each of us in everyday life.

A banal purchase in a store is an example of an obligation expressed in the form of a sales contract. Thus, there is nothing unique in this category, but several interesting points can be distinguished.

Chief among them is the fact that obligations can give rise to a number of other legal relations that are created to ensure them. An example of this is the activities of the Federal Bailiff Service, whose representatives are engaged in the execution of decisions of qualified state bodies.

To date, the FSSP is a fairly serious structure that has specific areas of activity, its own organizational system and, of course, the history of formation. In order to find out what the FSSP is, you need to consider all aspects of its work separately.

The concept of bailiffs. Experience of foreign countries

Proceedings on disputes or cases of a different nature are carried out by special state instances - courts. The structure of these bodies belongs to the branch of power of the same name. In the course of their activities, these instances issue special regulations that are binding. However, the parties to a particular case do not have the authority and means to actually enforce judgments. Therefore, there are special bailiffs.

Such departments belong to the executive branch of government. Bailiffs exist in every country, because justice is an integral part of a democratic system that must be ensured. For example, in the United States, executive functions are vested in Ukraine - the executive service, etc. As for the Russian Federation, the Federal Bailiff Service functions in our state.

FSSP - concept

The Federal Bailiff Service represents the authorities. In his activities, he implements the decisions of the relevant authorities. In addition, there are a number of other functions that are characteristic of the FSSP of Russia. For example, there are some control areas of the agency's activities. Of course, its main task is to enforce the decisions of Russian courts, which is spelled out in detail in the regulatory framework.

Service History

To answer the question of what the FSSP is, it is necessary, of course, to consider the history of this interesting department. The development of executive bodies begins in parallel with the emergence of a coherent system of justice. However, in ancient times, the decisions of the prince and other authorities, as a rule, were implemented directly by the combatants, that is, the warriors of the state.

The first mention of bailiffs directly can be found in the documents of such a Slavic medieval state as the Novgorod feudal republic.

The further development of executive organs dates back to 1649. At this time, it is accepted According to its provisions, the actions of bailiffs are significantly expanded. It talks about their official status, as well as some powers: to deliver subpoenas, to bring the parties to the process, etc.

In the 17th century, the functions of bailiffs were delegated to the police. That is, there is a general decline in service. However, after some time, or rather, on November 20, 1864, the institution of performers on the territory of the Russian Empire was restored. It should be noted that the regulatory framework governing the activities of bailiffs was one of the most effective in all of Europe.

During the existence of the USSR, the system of bailiffs was again liquidated, and the functions were completely transferred to the police. This state of affairs existed until the collapse of the Soviet Union. After the formation of the independent Russian Federation, the police still performed executive functions until 1997, when the Federal Law "On bailiffs" was adopted.

Regulatory base of the service

The FSSP of Russia, like other public authorities, operates on the basis of the principle of legality and the rule of law. That is, the service operates within the framework established for it by law. The regulatory framework of the FSSP today includes:

• the Constitution of the Russian Federation;
• Federal Law "On bailiffs";
• Federal Law "On Enforcement Proceedings";
• departmental regulations that govern the overall operation of the service.

The provisions of these laws and other official documents explain what the FSSP is, what its functions, powers, etc. legally acceptable framework.

Main tasks

Any kind of service or department exists to implement certain tasks and functions, areas of work. As for the FSSP, the activities of this body are directly related to the judicial branch of government. According to the official regulatory framework, the key areas of work of bailiffs are:

• ensuring law and order in the instances of justice in various fields of activity;
• organization and enforcement of acts of judicial bodies, as well as acts of other bodies designated by official norms;
• enforcement of criminal law only to the extent that is directly related to the scope of the FSSP;
• control over the work of subordinate bodies.

The implementation of the presented areas of activity is real thanks to the whole system of powers owned by bailiffs.

Powers of the body

The most detailed understanding of what the FSSP is can be obtained by analyzing the key capabilities of this body. In the legal environment, these are called powers, which can be found in the regulatory statutes presented above in the article.

Thus, in accordance with the provisions of regulations, each department of the FSSP, territorial administration and other structural divisions of the service exercise a number of the following powers:

1. Organize the actual execution of court decisions by instituting enforcement proceedings.
2. In some cases, special coercive measures are used, the normative basis of which is an official document.
3. They search for debtors, as well as the process of actual storage of property that was seized in the manner prescribed by law.
4. Within the framework of their competence, they carry out investigations and proceedings on administrative offenses.
5. They create and maintain information systems (databases), which contain all the records necessary for the implementation of enforcement proceedings.

Legal status of bailiffs

Officials work in the FSSP in the republic or in a structural unit of the central office. All of them are representatives of state power, which largely explains the legal status.

However, the legislator puts forward certain requirements for persons who are bailiffs. Thus, any citizen of the Russian Federation who is 21 years old and has a higher or secondary vocational education can become an official of this kind. For bailiffs-executors, a higher legal or economic education is mandatory. It also establishes certain requirements for the personal and business qualities, health of the employee. These aspects should allow the bailiff to carry out the duties assigned to him by law.

Structure of the Federal Bailiff Service

The FSSP system has been developed quite successfully to date. That is, it allows the body and its representatives to effectively implement all the tasks assigned to them. The structure is a three-stage hierarchical structure.

1. The central office is the main coordinating link. Its system includes separate special-purpose departments.
2. Territorial bodies are representative offices of the local service. An example is the FSSP in Moscow, as well as bodies in other subjects of the Federation. They carry out their activities directly in the territory under their jurisdiction. As a rule, the division is carried out by districts and regions. The exception is the FSSP in Moscow, as this
3. Structural element - sanatorium "Green Valley".

Information equipment is of great importance in the activities of the FSSP.

Federal bailiff service: debt by last name

Today, the Internet has penetrated into all spheres of human activity. The FSSP also has its own information resource. Debts and persons who own them can be easily identified in an open data bank by last name. This can be done directly on the website of the department, whose address is fssprus.ru. To do this, you need to follow the appropriate links and enter all the necessary details. You can find out information about both individuals and legal entities. Of course, anyone has the right to apply personally to the FSSP body. The address of any department can be identified without much difficulty.

What to do in case of debt?

Many people very often get lost after FSSP employees come to them. Anyone can be in debt. Therefore, in case of any difficulties, it is necessary to act within the framework of the law and listen to the requirements of the official. In order to prevent the unexpected arrival of bailiffs, you can use a special information service on the FSSP website. The phone of the bailiff in each individual case will be displayed along with information about debt obligations.

Conclusion

So, in the article we tried to find out what FSSP is. This body today performs many different functions that have their own specifics. Of course, the effectiveness of its work is not in dispute, but let's hope that in the future the FSSP will only develop.

Federal bailiff service- The federal executive body, which performs the functions of ensuring the established procedure for the activities of the courts, the execution of judicial acts, acts of other bodies and officials, as well as law enforcement functions and functions of control and supervision in the established field of activity. The FSSP of Russia is subordinate to the Ministry of Justice of the Russian Federation.

The main tasks of the FSSP in the Russian Federation are:

1. Enforcement of judicial acts of courts of general jurisdiction and arbitration courts, as well as acts of other bodies provided for by the legislation of the Russian Federation on enforcement proceedings;
2. Ensuring the established procedure for the activities of courts on the territory of the Russian Federation.

Bailiffs collect debts in the framework of cases by decision of the judicial authorities of Russia. Bailiffs carry out decisions regarding legal entities and individuals on the territory of the Russian Federation.

Enforcement proceedings- actions of a state body (FSSP) aimed at the enforcement of court decisions that have entered into legal force.

The ZACHESTNYYBUSINESS portal publishes information from the data bank of the Federal Bailiff Service regarding Legal Entities registered in the territory of the Russian Federation. Information from the data bank of enforcement proceedings in relation to Individual Entrepreneurs and Individuals is not published.

On the ZACHESTNYYBUSINESS portal, you can check the Legal Entity for free on the presence of cases in relation to it, get information about the debt collected by the FSSP.

The card of the Legal Entity, obtained by searching by TIN/OGRN/Name or full name, contains open official information about enforcement proceedings. To get a card, use the search bar:

Representatives of organizations can find out the presence of initiated enforcement proceedings and the amount of outstanding debt.

FSSP open data contains information:

• . Debtor(Legal entity: name, address);
• . Enforcement proceedings(number, date of initiation);
• . Details of executive document(type, date of adoption, number, name of the body that issued the executive document);
• . Subject of execution, amount of outstanding debt;
• . Bailiffs Department (name, address) recovering debt.

We wish you fruitful, comfortable work on the portal, using the search for enforcement proceedings and outstanding debts of legal entities by TIN / PSRN on the ZACHESTNYYBUSINESS.RF portal!

* Information on enforcement proceedings is presented on the ZACHESTNYYBUSINESS portal in reference mode. You can get exact official information on the official website of the FSSP http://fssprus.ru