State control over bailiffs. The Judicial Department under the Supreme Court of the Russian Federation complained to the Council of Judges about the "anti-corruption" prosecutor's checks in the SD and courts "05/26/2011". In what cases can a complaint be dismissed?

The topic of the Internet interview: "The bailiff is the guarantor of the execution of the law." Host: Good morning ladies and gentlemen! Hello, dear Internet audience! We are starting our online interview.

Who stands above the piers

Artur Parfenchikov: about debts, debtors and work bailiffs It is important not to miss this deadline. Complaint against bailiffs It is important not to miss this deadline. If you were not notified of the time of such actions, then the complaint can be filed within 10 days from the date you learned about the violation.

Where to complain about bailiffs? The complaint is filed in the order of subordination. The very first instance, where they turn in writing, is the senior bailiff, to whom the employee who violated your rights is subordinate.

To file a claim against the decision of the senior bailiff, against himself, against his deputy, for their inaction or actions should be the chief bailiff of the subject of the Russian Federation, who has that senior bailiff subordinate. The chief bailiff of a constituent entity of the Russian Federation or his deputy is complained to the chief bailiff of the Russian Federation. The executor of the judgment can be filed both with his higher officials, and through the bailiff himself, whose actions are being appealed.

In the second case, the bailiff must transfer your complaint to a higher official within three days. If you change your mind about complaining, you can withdraw your complaint before a decision is made on it. The complaint procedure is as follows.

The complaint must be made in writing. Required with the signature of the person who applied with it. Then the grounds for appealing the decision, its inaction or actions are formulated.

After that, the citizen submitting the claim makes demands. You can not rush to provide documents confirming the circumstances specified in the complaint. If necessary, you will receive a request for them from the official who will handle the complaints. But, you should know that in this case, the consideration of the complaint is suspended for no more than 10 days.

The complaint, which was filed in the order of subordination, must be considered within 10 days. On the procedure for appealing against decisions of bailiffs, their inaction or actions Where can I complain about the executor of a court decision?

To challenge the decision of the performer, his action or inaction, you can apply to a court of general jurisdiction or to an arbitration court. There are other options where to complain about the performers, court proceedings. It is possible to file a complaint directly with the Federal Service of Executors. Use their official website fssprus. In addition, as practice shows, there is still a very effective address where to complain about bailiffs - this is the Presidential Administration.

If you suspect the contractor of bribery or misappropriation of funds received from the debtor, file a complaint with the prosecutor's office. This is also effective and solutions come from there almost immediately. Finally, do not forget about the informal method of dealing with lawlessness in the field. In addition to the official complaints that you send to government agencies, use an equally effective way to draw attention to the abuse of a member of the judiciary - publishing on the Internet.

Share your negative reviews and complaints about the bailiff. Complaining publicly greatly increases your chances of being heard. It will be very difficult for officials to ignore such a complaint.

Stand up for and protect your rights with everyone accessible ways and use as many chances as possible to stop the abuses of the bailiffs and force them to fulfill their duties within the law. Who can complain about the bailiffs Who can complain about the bailiffs Who can complain about the bailiffs Where to complain about the bailiffs, how to properly file a complaint - we will answer these and other questions in this article.

In the event that employees of the service commit illegal actions, or, conversely, they fail to fulfill their duties, you can complain about the bailiffs.

This procedure has its own different situations. Filing a complaint against bailiffs The bailiff service has a wide range of responsibilities in the field of ensuring the activities of courts, as well as monitoring and supervising the execution of their decisions. Complaint about the inaction of bailiffs - instructions judgments, as well as counteracting their execution, proved 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: Heads the bailiff service Chief Bailiff of the Russian Federation, who is ex officio Deputy Minister of Justice of the Russian Federation. When Can You Appeal? Human factor no service can be excluded from activity.

The bailiff service was no exception to the rule. Some of them perform their duties without relying on existing laws.

Internet How to appeal the actions of bailiffs: If the document was drawn up correctly, it will certainly be accepted and considered. Where to complain about bailiffs for alimony? You can file a claim for non-fulfillment of your work by bailiffs in several instances: Federal Bailiff Service In the first half of the year, the number of applications from citizens and organizations received by the Federal Bailiff Service of Russia and its territorial bodies, compared with the indicators of the year, significantly decreased.

The number of citizens' complaints about violations of the law in the activities of bailiffs also decreased significantly. At the same time, these results of the work cannot meet the requirements for the Federal Bailiff Service. Despite a steady decrease in the number of applications from citizens received by the highest bodies of state power, however, in a number of territorial bodies there is an increase.

Thus, there is an increase in the number of appeals to the territorial bodies Federal Service bailiffs: Complaint against bailiffs Updated by Bailiffs do not always approach the performance of their duties as representatives of the state in good faith. Sometimes they violate the rights of citizens, and not only creditors when they are inactive or only partially comply with court decisions, but also debtors when they withdraw more funds from them than the law or the decision requires.

By virtue of the article federal law from Filing a complaint in the order of subordination On the execution of the executive document, as well as with a complaint about the actions of the inaction of the bailiff-executor or the bailiff to ensure the established procedure for the activities of the courts, you can apply during the reception hours or send a written appeal for consideration on the merits, as in the territorial bodies Offices of the Federal Bailiff Service of the Federal Bailiff Service of the Federal Bailiff Service for the Kaluga Region - departments, and to a higher body - the office of the Chief Bailiff for the Kaluga Region.

In accordance with the requirements of the article of the Federal Law from Complaints sent to the chief bailiff Russian Federation, to the Ministry of Justice of Russia or to the highest state authorities without prior consideration by the senior bailiff, chief bailiff of the republic, territory, region, respectively, are sent to the appropriate territorial body of the Federal Bailiff Service for consideration on the merits. Reasons for complaints about bailiffs, where to complain and how to do it right?

Decisions and rulings of the courts Who controls the work of bailiffs? The work of bailiffs is entirely controlled by the state and the legislator. 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? 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. Complaints can be directed to a higher authority. This means that its recipient may be the head of the territorial bailiff department or a superior person. Legislation on the activities of bailiffs The activities of bailiffs are directly devoted to 2 normative act: Read us in Yandex.

In particular, the law establishes: Labor disputes Where and how to complain about bailiffs for inaction - instances and procedure for applying After the court has made a decision to recover funds in favor of a citizen, bailiffs begin work. They have the right to withdraw material assets towards debt repayment. Lawyers' comments 1 Good afternoon! The bailiff's actions are illegal. You need to show documents confirming the ownership of the property checks, receipts.

Show documents proving belonging to another person: Features of filing and considering a complaint in the bailiff service General provisions. Filing and consideration of complaints to a superior person of officials government agency, as noted, are regulated by the Federal Law "On the Procedure for Considering Appeals from Citizens of the Russian Federation", according to which a complaint against the actions of an official is considered according to general rule within a month and based on the results of its consideration, a written response is sent to the citizen without a decision by a higher person on the results of its consideration.

However, the Law on Enforcement Proceedings establishes a special procedure for considering complaints filed with the leadership of the bailiff service, which implies a short period for considering a complaint and the personal responsibility of the person considering the complaint, the decision made on the complaint can also be appealed, but the applicant, when filing such a complaint, must strictly comply with all formalities filing deadline, details of the complaint, etc. Federal law from the Deputy Prosecutor General of the Russian Federation, heads of main departments and departments of the Prosecutor General's Office of the Russian Federation, prosecutors of constituent entities of the Russian Federation, cities, regions and other territorial prosecutors to ensure proper prosecutorial supervision over the enforcement of laws by bailiffs.

By measures of prosecutorial response, seek strict compliance by bailiffs with the requirements of the current legislation on enforcement proceedings. In the first case, the bank temporarily transfers the right to claim the debt to collectors, in the second, it sells the debt in full for a symbolic cost.

The powers of the chief bailiff of the Russian. Labor disputes Where and how to complain about bailiffs for inaction - instances and procedure for applying After the court has made a decision to recover funds in favor of a citizen, bailiffs start working.

However, sometimes, even despite the presence of a court decision, the bailiffs are in no hurry to fulfill their duties - time passes, and the funds do not go to the account of the person concerned. Complaining about the inaction of bailiffs is not only possible, but necessary, and the legislator provides citizens with the right to apply to a number of structures, each of which has the authority to influence the work of the bailiff service.

Solve your problem - call right now: Consultation is free! Where should you go to resolve the issue as efficiently as possible, and what documents will you need to collect to prepare such a complaint? Have the collectors been reined in?

Article Duties and rights of bailiffs 1. In the process of enforcement 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 - the parties or their representatives with the opportunity to get acquainted with the materials of the enforcement proceedings, make extracts from them, make copies of them; considers the applications of the parties regarding enforcement proceedings and their petitions, makes appropriate decisions, explaining the terms and procedure for their appeal; is obliged to recuse himself if he is interested in the course of enforcement proceedings or there are other circumstances, questionable in his impartiality.

After reading reviews on the sites about his work, where there are constant problems with the transfer to customers. What bailiffs can confiscate Article 7. Article 8. If necessary, open such premises, objects, inspect them; enter on land plot, in residential, non-residential premises debtor, including forcibly opening such premises.

Article The right of bailiffs to reimbursement of expenses for the use of telecommunication services Bailiffs have the right to reimbursement of expenses for the use of telecommunication services in the manner and in the amount established by the Ministry of Justice of the Republic of Belarus. The rights of bailiffs to reimbursement of travel expenses to the place of execution of enforcement documents and to payment monetary compensation for the use of their property for official purposes Vehicle Bailiffs are entitled to reimbursement of travel expenses common use with the exception of a taxi to the place of execution of executive documents and the right to payment of monetary compensation for the use of vehicles belonging to them for official purposes in the manner and amount established by legislative acts.

Who controls the work of bailiffs? Search Hot line Bailiffs Federal Bailiff Service - federal agency executive power.

Controls the activities of the courts, the legality of the execution of judicial acts, the activities of officials, performs other supervisory and control functions. Citizens can apply to the CTC by phone: 8 - a single free, multi-channel telephone for residents of Russia 8 - telephone number for residents of the Moscow region, a call from a landline number is not charged additionally 8 - a phone number where you can report corruption 8 - a phone number for getting help information Hotline for complaints and suggestions There is no separate line for receiving complaints and suggestions.

For all inquiries, please contact single phone 8 Hotline on issues of restriction of the right to leave the country There is no permanent line on issues of restriction of the right to leave the country on the FSSP website.

On the eve of the holidays, when many wish to travel abroad, the regional bodies of the FSSP practice allocating separate telephone numbers, by which citizens can clarify the procedure for leaving, existing restrictions, to find out if they are on the list of citizens whose travel outside the Russian Federation is restricted. To find out the phone number for contacts, it is recommended to periodically monitor the information on the website of the regional divisions of the FSSP.

Who controls the work of bailiffs

Summary Who are bailiffs Main duty official, who is called a bailiff, is to perform the function of an executor or controller over the execution of a judge's sentence. In fact, if you won a case in which the other party must compensate you for certain damages or return a certain amount of money, then you have no right to independently demand them from it. Officially, only a bailiff can force you to make payments in full and within the time limits indicated in the court verdict. 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 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. Which organization controls the work of bailiffs Selection and acceptance for storage of files with documents permanent term storage from structural divisions central apparatus.

Are you sure you're human?

Artur Parfenchikov: about debts, debtors and the work of bailiffs It is important not to miss this deadline. Complaint against bailiffs It is important not to miss this deadline. If you were not notified of the time of such actions, then the complaint can be filed within 10 days from the date you learned about the violation. Where to complain about bailiffs? The complaint is filed in the order of subordination. The very first instance, where they turn in writing, is the senior bailiff, to whom the employee who violated your rights is subordinate.

Where to complain about bailiffs?

Will travel abroad for debtors be restricted this year? How is debt notification done? What measures will be taken for non-payers of alimony, should we expect tougher legislation in the near future? How is the search for debtors and defendants in civil cases conducted? What new powers has the Service been endowed with? Answers to questions Dmitry: Will travel abroad be restricted this year for those who have debts? How can you find out about these debts in advance? Does the amount and nature of the debt have a fine, alimony ... matter? Anton: There is a debt for the Internet, can this create a problem when traveling abroad?

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In particular, the law establishes: requirements for a candidate for admission to the position of bailiff; powers of the bailiff service; guarantees of legal and social protection of bailiffs; the order and size of financing the activities of the service. The document describes in detail: the timing of the actions; the rights and obligations of the persons involved in the enforcement action, including the specifics of their participation; debt collection activities; the area of ​​coverage of the costs of enforcement measures; terms and procedure for appealing documents and activities of bailiffs. What does the service of bailiffs do? The tasks of the bailiffs are determined by the legislation: maintaining order in the administration of justice by courts of any level; enforcement of legislation in the field of criminal proceedings; action on enforcement acts of the court, other bodies and officials. The duties of bailiffs, among other things, include: guarding, maintaining order and otherwise facilitating the activities of judicial proceedings; enforcement activities court documents; proceedings on cases in the field of administrative offenses. Most citizens have encountered the service of bailiffs in case of need to get their money from a debtor who voluntarily does not want to comply with a court decision.

Who controls the work of bailiffs?

Complaints can be directed to a higher authority. This means that its recipient may be the head of the territorial bailiff department or a superior person. According to the order of subordination, the first complaint is submitted to the head, in whose direct subordination is the object of the complaint, p.

Reasons for complaints about bailiffs, where to complain and how to do it right?

Decisions and rulings of the courts Who controls the work of bailiffs? The work of bailiffs is entirely controlled by the state and the legislator. FZ dated At the same time, it is established that there is a senior bailiff who oversees and controls the work of his subordinates.

Which organization controls the work of bailiffs

Where to complain about bailiffs? Sometimes judicial executive services show inaction that is not lawful. To change the course of the situation, you should respond quickly and file a complaint as quickly as possible. Before finding out the name of the bodies that can accept such an appeal, it is necessary to identify who has the right to do that. If you pay attention to the experience of legal proceedings, it is clear that the wrong actions of the performers or their complete absence are not at all uncommon. The persons whose rights are violated are sometimes not directly related to a particular case. Modern legislation provides for such a development of events, every citizen has the right to appeal against the actions of a specialist. A person whose rights have been violated by a specific representative of the judicial apparatus will be able to submit a letter. By revising general rule it becomes clear that everyone can appeal against the actions of the bailiff, for this you should contact the authorities. This principle is relevant when the question arises of where to complain about bailiffs.

The work of bailiffs is entirely controlled by the state and the senior bailiff, who oversees and controls the work of his subordinates.

Federal Law No. 229-FZ of 02.10.2007 “On Enforcement Proceedings” (as amended on 06.03.2019)

Our lawyer will help you. At the end of April, a writ of execution was issued to recover the debt from the entrepreneur in favor of my client. On the same day, I gave the writ of execution for its application to the Office of Bailiffs along with the application written there. More than two months have already passed, and the bailiffs have not recovered the debt from the entrepreneur. Last week I filed a complaint with the USP, and sent a copy of it to the Prosecutor's Office. I have already received an answer from the Prosecutor's Office that they have sent a letter to the USP with demands to clarify the situation. The third month is approaching, and the bailiffs have not handed over the demand to the entrepreneur to the debtor and have not responded to my complaint.

"Bailiff - the guarantor of the execution of the law"

Unscrupulous citizens too often began to evade various payments, including maintenance obligations and payment utilities. Solving the problem of non-payments, the legislators took such a step as a Read more Not all parents are ready to fulfill the obligation to support their minor children. Very often, the reluctance to pay alimony results in informal employment. In our state, the rights of the parties to enforcement proceedings are ignored by officials of bailiff departments. Employees of the above public institutions quite often violate the norms of action Read more Forensic examination is the process of conducting research.

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.

GENERAL

PROSECUTOR'S OFFICE OF THE RUSSIAN FEDERATION

NOTE

12.05.2009 № 155/7

On the organization of prosecutorial supervision over the execution of laws by bailiffs

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. 17 of the Federal Law "On the Prosecutor's Office of the Russian Federation",

ABOUT B Y Z Y V A Y:

1. Deputies of the Prosecutor General of the Russian Federation, heads of main departments and departments of the General Prosecutor's Office of the Russian Federation, prosecutors of constituent entities of the Russian Federation, cities, regions and other territorial prosecutors to ensure proper prosecutorial supervision over the enforcement of laws by bailiffs.

1.1. By measures of prosecutorial response, seek strict compliance by bailiffs with the requirements of the current legislation on enforcement proceedings.

1.2. During inspections of the implementation of laws in the activities of bailiffs Special attention pay attention to the following principles:

legitimacy of decisions made;

timeliness of enforcement actions and application of enforcement measures;

respect for the honor and dignity of a citizen;

inviolability of the minimum property necessary for the existence of the debtor-citizen and members of his family;

correlation of the scope of claims of the recoverer and enforcement measures.

1.3. Exercising prosecutorial supervision, in particular when checking complaints about unlawful actions (inaction) of bailiffs, to study pending enforcement proceedings in the units of the bailiff service at their location. Eliminate the facts of their seizure and reclamation to the prosecutor's office.

1.4. When considering complaints about violations of the law on enforcement proceedings, carefully check all the arguments of the applicants, make wider use of the powers of the main and senior bailiffs to cancel illegal decisions of subordinate bailiffs. In cases where the chief and senior bailiffs did not check the legality of the contested decisions and actions (inaction) of subordinate bailiffs, send them complaints from citizens received by the prosecution authorities, controlling the results of the consideration.

1.5. Do not allow the direction of complaints to the bailiff service, subject to consideration in accordance with Art. 124 Code of Criminal Procedure of the Russian Federation. Based on the results of consideration of each such complaint, issue a decision on its full or partial satisfaction or on refusal to satisfy it.

1.6. In order to restore the violated rights of citizens, apply exhaustive prosecutorial response measures both to bailiffs and to persons who do not comply with their legal requirements and impede the implementation of court decisions.

1.7. Pay attention to compliance with the law when organizing by the territorial bodies of the Federal Property Management Agency and specialized organizations the sale of debtors' property seized by bailiffs, conducting a competitive selection of persons selling the seized property, concluding contracts with them.

1.8. When exercising prosecutorial supervision over organizations selling seized property, check compliance with tax authorities established by Art. 77 tax code Russian Federation, the obligation to obtain the prosecutor's sanction for the seizure of property, as well as the established conditions for the seizure.

1.9. If violations are detected, submit proposals for their elimination to the chief bailiffs of the constituent entities of the Russian Federation with the question of bringing the guilty bailiffs to disciplinary responsibility.

1.10. To bring protests to higher officials against illegal decisions of bailiffs.

1.11. In case of failure to comply with the legal requirements of the prosecutor:

apply the provisions of Art. 45, 254, 441 of the Civil Procedure Code of the Russian Federation and Art. 198 of the Arbitration Procedure Code of the Russian Federation, the powers to apply to courts of general jurisdiction and arbitration courts with declarations of recognition illegal decisions and actions (inaction) of bailiffs and compensation for the damage caused by them;

initiate proceedings for administrative offense provided for in Art. 17.7 of the Code of Administrative Offenses of the Russian Federation (failure to comply with the legal requirements of the prosecutor).

1.12. When identifying signs of a crime in the actions of bailiffs to resolve the issue of criminal prosecution in accordance with the provisions of paragraph 2 of part 2 of Art. 37 of the Code of Criminal Procedure of the Russian Federation to issue a reasoned decision on sending the materials of the general supervision check to the investigating authority.

1.13. Ensure proper prosecutorial supervision of strict observance by investigators of the bailiff service of the requirements of criminal procedure legislation. In all cases of detection of violations, seek the restoration of legality and resolve the issue of the responsibility of the perpetrators. In their activities, be guided by the order of the Prosecutor General of the Russian Federation dated September 6, 2007 No. 137 “On the organization of prosecutorial supervision over the procedural activities of bodies of inquiry”.

1.14. Inform the Prosecutor General's Office of the Russian Federation on the state of supervision over the implementation of legislation on bailiffs and enforcement proceedings in reports on the results of work for the year.

2. In the Prosecutor General's Office of the Russian Federation, prosecutorial supervision in this area shall be assigned to:

to the Main Directorate for Supervision of the Execution of Federal Legislation - in terms of compliance with laws in the exercise by bailiffs of their functions to ensure the established procedure for the activities of courts, to execute judicial acts and acts of other bodies and officials, as well as law enforcement functions of control and supervision in the established area activities;

to the Main Directorate for Supervision of the Investigation - in terms of compliance with laws during the preliminary investigation in criminal cases initiated against bailiffs;

to the department for supervision of the conduct of the inquiry and operational-search activities - in terms of compliance by the bailiffs of the criminal procedural legislation during the inquiry in criminal cases;

to the department for supervising the investigation of particularly important cases - in terms of compliance with criminal procedure legislation by the central office of the Federal Bailiff Service.

In the specified subdivisions of the General Prosecutor's Office of the Russian Federation, annually summarize the state of legality and prosecutorial supervision in its part.

3. Recognize invalid the instruction of the Prosecutor General of the Russian Federation dated 01/06/1999 No. 1/7 "On the organization of prosecutorial supervision over the implementation of laws in the exercise of powers by bailiffs."

4. To impose control over the execution of this instruction on the deputies of the Prosecutor General of the Russian Federation in the areas of activity.

Send an instruction to the deputies of the Prosecutor General of the Russian Federation, heads of main departments and departments of the Prosecutor General's Office of the Russian Federation, prosecutors of constituent entities of the Russian Federation, cities, regions and other territorial prosecutors, who should bring its contents to the attention of subordinate employees.

Attorney General
Russian Federation

valid state
adviser

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 cash and take legal action to comply with the requirements issued by the court.

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Our articles are informational in nature about the solution of certain legal issues. However, each situation is individual.

To solve a specific problem, fill out the form below, or ask an online consultant a question in the pop-up window at the bottom right of the screen, or call the toll-free numbers listed on the site (24 hours a day, seven days a week).

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

Bailiffs who do not properly fulfill their obligations are ignored legislative norms and provisions or show inaction on 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, one should bring complete list such authorities:

1. Complaining to upper management bailiff.
   You can find out the order of subordination when filing a complaint from October 2, 07 (from latest changes and 2020 revisions). The review period is ten days. However, this period may be suspended if Judicial authority received an identical application ().
2. Contact the judicial authority ().
   In this format, the complaint will be considered within ten working days. For an individual the claim must be filed with 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

In the Law "On Executive court proceedings”, in particular, it is indicated that the filed claim for the inaction of the 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. It can be a train / plane / bus ticket, a certificate from medical institution about the passage of inpatient treatment, as well as a sheet on a business trip.

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 a bailiff, it is necessary to rely on legislative and procedural norms, with the obligatory consideration of the above-mentioned Federal Law and the one contained therein.

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

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

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 a claim is filed 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. 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.

Of necessity competent authority, will send a request to the appropriate authority and receive the evidence base 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 an authorized person who performed duties in bad faith.

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

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

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