If you were stopped by bailiffs on the road. Bailiffs ordered to stop joint raids with traffic police

Last week in the Vsevolozhsk region, on the “Road of Life” highway, as part of the “Find out about your debts” campaign, another joint raid of bailiffs and employees took place tax service and the State Traffic Inspectorate for debt collection from vehicle owners who for some reason “forgot” to pay their existing debts.

Similar raids are carried out by bailiffs on a weekly basis.

The joint raid was carried out using the “Road Bailiff” hardware and software complex, which allows you to identify in the traffic flow exactly those cars whose owners are debtors for traffic police fines and other types of collection.

During the raid, a debtor with a debt of more than 20 thousand rubles was stopped. Seeing a tow truck on the side of the road and fearing that he was about to lose his vehicle, the debtor went to pay the debt to the nearest bank. An hour later the debt was paid.

Also, employees of the bailiff service and the traffic police explained to debtors that non-payment administrative fine within the period established by law, in accordance with Art. 20.25. Code of Administrative Offenses of the Russian Federation, entails the imposition of an administrative fine in the amount of twice the amount of the unpaid fine, or administrative arrest for up to 15 days.

In order not to be stopped at a traffic police post or on the highway, and not to spoil your vacation check yourself on the list of debtors on the official website of the Office FSSP of Russia in the Leningrad region http://r47.fssprus.ru. In chapter Information Systems there is a “Data Bank of Enforcement Proceedings”, which allows you to find out information about debtors - individuals and legal entities. The system gives the debtor the opportunity to pay without leaving the computer using payment systems or print a receipt from the website with completed details and pay for it in more than in the usual way- through the cash register.

Based on materials from the site: http://r47.fssprus.ru

Comment from social networks:

ARE JOINT RAIDS OF THE STSI AND FSPP LAWFUL?

It's about about the so-called “Traffic Bailiff” raids

The prosecutor's offices of most constituent entities of the Russian Federation have long banned joint raids by traffic police inspectors and bailiffs, during which motorists are stopped on the road, checked on their debt base, collected debts and even seized their cars.

How does such a raid happen? The operation scheme is simple. Hardware and software complex (HSC) "Road Bailiff" in automatic mode using the Potok system, it checks the license plates of passing vehicles in conjunction with data about their owners using databases tax office bailiff services. If the APC works -> the bailiff notifies the traffic police officer -> the inspector stops the driver -> checks the documents -> asks to approach the bailiff’s car.

THE FUNNIEST:

1) No one immediately informs you that you have become a participant in the action: P, that now you will be checked for debts using the Bailiff Service database. You are simply “asked” to present documents.
2) The verification is carried out, as a rule, without your permission to do so.

Now let’s analyze the situation in more detail, resorting to articles of the laws of the Russian Federation.

ILLEGAL for the traffic police:

As for traffic police officers, they generally cannot stop you on the road without a reason established by the Administrative Regulations.

Administrative Regulations of the Ministry of Internal Affairs Russian Federation(hereinafter referred to as the Ministry of Internal Affairs of the Russian Federation), regulates the actions of road service employees. These activities should be designed to:

1. Supervision of compliance by road users with requirements in the field of ensuring road safety (quote from Order of the Ministry of Internal Affairs of the Russian Federation of March 2, 2009 “No. 185”).

2. Paragraph 63 of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation clearly describes all cases in which a traffic police officer can stop a car driver.

None of the listed options is a basis for checking on the road the driver’s debt obligations to the court.

Also, joint raids with bailiffs, as well as with firefighters, plumbers and other services are not specified in these regulations.

According to paragraph 67 of the Regulations, the road patrol officer is obliged to voice the reason for the stop. And if the purpose of the stop is to check the driver for debts, then he should be notified about this, which does not happen.

ILLEGAL for BAILIFFS:

Paragraph 1 of Article 24 of the Federal Law “On Enforcement Proceedings” states that the bailiff, before making an inventory of the property, is obliged to notify the debtor of the future arrival. And during the inventory or seizure of property, at least two independent witnesses must be present (traffic police officers cannot be witnesses in a particular case) (Article 59 of the Federal Law “On Enforcement Proceedings”).

Important: Article 33 of this law also states that bailiffs have the right to make an inventory of property not only at the debtor’s place of residence, but also at the location of the property. And this supposedly gives them the right to take your property simply on the road. Based on this, bailiffs and the traffic police carry out similar actions. And here there is already one “but”:

In order for the bailiff to take an inventory of your property without your permission, he needs a special court decision on the invasion of private property, the so-called warrant. Only with it can the bailiff force you to give up your property to pay off the debt. In addition, the court decision must indicate the location of such actions. And don’t forget, only with the participation of independent witnesses.

According to the Federal Law “On Enforcement Proceedings”, there is statutory sequence of collection of the debtor's property:

1. queue: cash in rubles, in foreign currency.
2. queue: movable property ( Appliances, car, etc.).
3. queue: real estate.

You have the right to refuse the employees of the Bailiff Service if they do not have a court decision on forced collection property. And if you are officially employed, the bailiffs are required to start deducting from your salary, and not carry out an inventory of property on the road.

HOW TO BEHALF IN SUCH RAIDS

1. If you are stopped by a traffic police officer, before asking for documents, he must tell you the reason for the stop. Vehicles are stopped to check documents only at stationary traffic police posts. If the reason does not correspond to legal grounds, this is the topic of another article. Let's stop at the fact that you presented your driver's license.

2. If you were checked using the Bailiff Service database and it turned out that you are a debtor, this does not mean that you have to give up all your money and property because you were found.

3. When meeting with the bailiff on the basis of Article 69 of the Federal Law “On Enforcement Proceedings,” demand evidence of your receipt of the decision to initiate enforcement proceedings. The bailiff can take the necessary measures right on the spot to “knock out” the debt only if it is proven that you received the order a month ago, but did not pay the fine.

4. If the bailiffs decide to draw up a protocol, no problem. Having drawn up the protocol, they are obliged to provide it to you for review:

• in the column: “witnesses” - write that they are absent if they are not present. Write in such a way that it will be impossible to write anything in later;
• in the column where the participant writes his comments, describe the situation: you were stopped on the road (stopped by a traffic police officer without a legal reason for the stop), you were not provided with documents on the basis of which an inventory of property should have been carried out. In your notes, use all the information you know.

5. As Article 30 of the Federal Law “On Enforcement Proceedings” states, the bailiff, having printed on the spot the resolution to initiate enforcement proceedings, must set a period for voluntary payment of the fine, which cannot exceed five days. You have at least one day to voluntarily pay the fine.

6. Article 33 of the Federal Law “On Enforcement Proceedings” provides that executive actions against citizens are committed by a bailiff at the debtor’s place of residence, place of work or location of his property. Bailiffs believe that the location of the debtor's property is the place where he himself is: in a car, a bathhouse or a restaurant. However, in such cases, the debtor, as a rule, has with him only things that cannot be seized.

7. According to the list given in Article 446 of the Code of Civil Procedure of the Russian Federation, foreclosure cannot be applied to property owned by a debtor citizen, such as: personal items (clothing, shoes, etc.), with the exception of jewelry and other items luxury. This means that foreclosure cannot be applied, in particular, to a mobile phone (which, contrary to the law, happens quite often!), since it has long become a thing for individual use.

8. As Article 69 of the Federal Law “On Enforcement Proceedings” states, collection under enforcement documents is applied primarily to the debtor’s funds in rubles and foreign currency. And cash found on the debtor is confiscated. At the same time (which is extremely important!) the law does not provide for a search of the debtor in order to find money. Money can be taken away from him only if he paid it out voluntarily.

9. Each debtor must have only a district bailiff. After all, it was to him (at your place of residence) that the traffic police officers sent a document to initiate enforcement proceedings. If the law did not have such a provision, bailiffs could stop you in any area of ​​the city.

10. If there is a debt of 300 (500, 1 thousand or even 10 thousand) rubles, the bailiff does not have the right to take away the car, because the value of the things seized must be commensurate with the amount of the debt. Use Article 61 of the Federal Law “On Enforcement Proceedings”: to determine the value of property, ask to appoint a specialist.

11. On a holiday or weekend, as well as after ten o’clock in the evening, you can safely send the bailiff to a well-deserved rest: Article 35 of the Federal Law “On Enforcement Proceedings” states that enforcement actions are carried out on weekdays from 6 a.m. to 10 p.m. local time .

12. You must conduct the conversation confidently. Under no circumstances agree to have your property taken from you. Remember that any action of the bailiff, as well as any document issued by him, can be appealed in court.

Since the summer of 2013, so-called “actions” on roads with the participation of State Road Safety Inspectorate (Staff Police) and bailiffs. The essence of the action is that employees of these civil services, at their discretion may conduct road raids, checking drivers for debts in enforcement proceedings. Your property may be taken away if you are unpaid, have unpaid alimony or...

Similar raids have already been carried out in Moscow, Krasnoyarsk, Nizhnekamsk, Berdsk and some other cities of the country.

The raid goes like this:

1. Firstly, no one immediately informs you that you have become a participant in the action, that now you will be checked for debts using the Bailiff Service database. You are simply asked to present documents.
2. The verification is carried out, as a rule, without your permission.
3. Both the bailiff and the traffic police officer are always present during the inspection.
4. Inventory of property, including mobile phone, tape recorder, tablet and even a car can be carried out simply on the road, and without witnesses.

Legality of inventory of property on roads

The first and main assessment of such actions Traffic police and bailiffs – IT IS ILLEGAL.

Now let’s analyze the situation in more detail, resorting to the Russian Federation.

Illegal for the traffic police

Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation(Further Ministry of Internal Affairs of the Russian Federation), regulates the actions of road service employees. These activities should be designed to:

supervision of compliance by road users with requirements in the field of road safety (quote from Order of the Ministry of Internal Affairs of the Russian Federation of March 2, 2009 “No. 185”).

In point 63 Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation All cases in which a traffic police officer can stop a car driver are clearly described. None of the listed options is a basis for checking on the road the driver’s debt obligations to the court.

According to paragraph 67 Regulations, the highway patrol officer is required to state the reason for the stop. And if the purpose of the stop is to check the driver for debts, then he should be notified about this, which does not happen.

Illegal for bailiffs

Paragraph 1 Article 24 of the Federal Law “On Enforcement Proceedings” says that the bailiff, before making an inventory of the property, is obliged to notify the debtor of the future arrival. And during the inventory or seizure of property, independent witnesses must be present (traffic police officers cannot be witnesses in a particular case), at least two ( Article 59 of the Federal Law “On Enforcement Proceedings”).

Important: article 33 This law also states that bailiffs have the right to carry out an inventory of property not only at the place of residence of the debtor, but also at the location of the property. And this supposedly gives them the right to take your property simply on the road. Based on this, bailiffs and traffic police carry out similar actions. And here there is already one “but”:

In order for the bailiff to take an inventory of your property without your permission, he needs a special warrant for intrusion into private property, the so-called warrant. Only with it can the bailiff force you to give up your property to pay off the debt. In addition, the court decision must indicate the location of such actions. And don’t forget, only with the participation of independent witnesses.

Note! According to Federal Law “On Enforcement Proceedings”, There is a sequence established by law for collecting the debtor’s property:

1st stage: funds in rubles, in foreign currency.

2nd stage: movable property(household appliances, cars, etc.).

3rd stage: real estate.

You have the right to refuse employees Bailiff Services, if they do not have a court decision on the forced recovery of property. And if you are officially employed, the bailiffs are required to start deducting from your salary, and not carry out an inventory of property on the road.

Regarding employees traffic police, they generally cannot stop you on the road without a reason established by the Administrative Regulations.

How to behave in such raids

1. If you are stopped by a traffic police officer, before asking for documents, he must tell you the reason for the stop. If the reason does not correspond to legal grounds, this is the topic of another article. Let's stop at the fact that you presented your driver's license.

2. If you were checked using the Bailiff Service database and it turned out that you are a debtor, this does not mean that you have to give up all your money and property because you were found.

3. You must demand that they provide you with a court decision, which, precisely because of your debt, allows the bailiff to seize your property at the place of its location. Of course, they will not have such a document.

4. If the bailiffs decide to draw up a protocol, no problem. Having drawn up the protocol, they are obliged to provide it to you for review:

• in the column: “witnesses” - write that they are absent if they are not present. Write in such a way that it will be impossible to write anything in later;
• in the column where the participant writes his comments, describe the situation: you were stopped on the road (stopped by a traffic police officer without a legal reason for the stop), you were not provided with documents on the basis of which an inventory of property should have been carried out. In your notes, use all the information you know.

5. You must conduct the conversation confidently. Under no circumstances agree to have your property taken from you. If the conversation drags on, call the traffic police helpline (the inspector must provide you with a number), and also call the police.

Came into force today new order to search for debtors by the bailiff service. Now, according to the new rules, bailiffs must be assisted by the Ministry of Internal Affairs in searching for debtors. So, now the State Traffic Inspectorate authorities, at the request of the FSSP or if there is information about debtors in the bailiff database, are required to stop vehicles belonging to debtors.

New joint order of the Ministry of Justice of the Russian Federation and the Ministry of Internal Affairs of the Russian Federation “On approval of the Procedure for the provision of assistance by employees of internal affairs bodies to bailiffs during enforcement proceedings, including when searching for a debtor, his property or searching for a child, as well as when searching on the basis of a judicial act in a civil case of a citizen-defendant" prescribes the interaction of the bailiff service and the Ministry of Internal Affairs not only in searching for debtors, but also in searching for their property. For example, the Ministry of Internal Affairs must today help the FSSP identify debtors and the ownership of the vehicles they are driving.

Let us remember that previously the traffic police were also obliged to help the bailiffs. But for this, until today, the bailiff needed to draw up a special resolution and request. As a result, the traffic police on the road rarely searched for debtors. Also, sometimes joint raids were carried out by the FSSP and the traffic police. But this is a drop in the bucket compared to the number of people the bailiffs are currently looking for.

Now everything is changing. The traffic police authorities are obliged (yes, yes, they are obliged) to independently identify debtors on the road if there is a record of enforcement proceedings against them in the FSSP database.

Thus, traffic police officers are obliged to stop the debtor and not only make him happy about the debt, but also establish his place of residence. Traffic police should try to find out all the information about the debtor (down to the car parking address). This information must then be passed on to the bailiffs.

The main task for the traffic police is not only to search for debtors, but also to search for the vehicles they own. It is no secret that many debtors hide from bailiffs for years without paying their debts, and also hide their cars from the FSSP for fear of their arrest.

Unfortunately, the measure to limit registration actions in the traffic police on the initiative of the FSSP is not so effective. Well, the debtor will not be able to re-register the car in another name (for example, upon sale). But the debtor can still use the car, which is what many drivers do, hiding from bailiffs.

So very soon we will all know how it will work new form interaction of two organs. And we have no doubt that the traffic police will help the bailiffs find many debtors. This is especially easy to do when today the country's roads are covered with cameras. So they will help the traffic police authorities to find out in the database who owns the vehicles, and also, using electronic interdepartmental interaction, to check whether their owners have any debt or whether the car owner is wanted by the FSSP.

Do you think that this general search for debtors concerns only car owners? In fact, the new order of the Ministry of Justice applies to all debtors. Including pedestrians. The fact is that now all departments of the Ministry of Internal Affairs are obliged to help bailiffs search for debtors and identify their property. That is, now even an ordinary police patrol crew can, when checking a pedestrian’s documents, run it through the FSSP database.

By the way, the Ministry of Internal Affairs must now help bailiffs when evicting a debtor from a premises, when seizing other real estate, or when demolishing illegal buildings/ buildings by court decision, etc.

Including according to the new rules, the Ministry of Internal Affairs and the bailiff service are obliged to establish an exchange of information using electronic system interdepartmental interaction if technical capabilities are available. In those regions or settlements Where this is not possible, interaction between bailiffs and the Ministry of Internal Affairs will be carried out the old fashioned way - on paper (documents will be sent by mail).

Let us remind you that currently the debts transferred to bailiffs amount to 2 trillion rubles. Moreover, these debts only relate to debt individuals in front of the banks. According to the FSSP, there are currently 5.6 million enforcement proceedings in the enforcement proceedings database. Moreover, as noted by the FSSP, this year compared to last year the number of enforcement proceedings increased by 1 million.

The debts of Russians due to fines from the State Traffic Safety Inspectorate and the Traffic Police Department are also growing. There are also a lot of debts for alimony, the total amount of which also increases exponentially.

Ministry of Justice on the website for posting information about draft regulatory legal actspublished a draft document regulating the interaction of bailiffs of the Federal Bailiff Service (FSSP) and police officers in the search for debtors.

“This Procedure determines the sequence of actions when employees of internal affairs bodies provide assistance to bailiffs during enforcement proceedings, including when searching for a debtor, his property or searching for a child, as well as when searching on the basis of a judicial act in a civil case of a citizen defendant », - says the text of the project.

Thus, it is understood that traffic police officers will help bailiffs identify debtor citizens.

Interaction between structures implies:

Information exchange. For example, FSSP employees will be able to request information from police databases, whether the debtor has a driver’s license and a car, whether there are restrictions imposed on vehicles, whether the debtor has been involved in traffic accidents.

Also, the prepared procedure will allow the State Traffic Inspectorate and bailiffs to conduct joint raids to identify wanted debtors’ vehicles in the traffic flow. In addition, the police will help in searching for their property.

By coordinating the actions of two different bodies - the FSSP and the traffic police, the developers of the bill plan to help bailiffs quickly find debtors and their movable property.

For example, it is known that the debtor has a car. Finding a car is often very difficult, since the debtor may be hiding from the relevant authorities. What to do? Enlist the help of the traffic police by requesting the support of the road law enforcement service. Sooner or later, a car with the required license plates will be stopped on the road, and then, according to paragraph 6:

“If, in the course of exercising powers to ensure road safety, a wanted person is identified Russian motor vehicle, an employee of the State Traffic Inspectorate informs the person driving motor vehicle, about the presence of a vehicle on the wanted list, receives information about its place of residence and parking space motor vehicle" the necessary information will be received. “If the specified person is not the owner of the vehicle, find out from him the reasons for driving the vehicle. The received information is transmitted to the duty station territorial body FSSP of Russia, which announced a search for a vehicle".

Let us remind you that the bills related to the work of bailiffs are last years Quite a lot has been contributed, but it has still not been possible to establish clear systematic control of FSSP workers over debtors.

I searched for the situation and didn't find anything like it. In general, it was like this: about 2 weeks ago, the IDPS was stopped for violations of order 185, the traffic police car was simply standing in a pocket of the roadway outside the station post. He stopped, turned off the lights, turned off the car, unfastened his seat belt, and got out of the car. IDPS approaches, like blah blah blah Vasya Pupkin, your documents. Okay, not a question, uv senior officer Vasya Pupkin, but the reason for stopping my vehicle? Verification of documents. Okay, I’m in a good mood, don’t care, don’t check my documents (at least you read your orders and strained your brain so that legally ask for documents, otherwise I don’t even see a hint of a thought process in their eyes). Pupkin’s face changes slightly when he studies my documents. And what a surprise it was. The car is local, I drive it by proxy, it was issued for 3.5 thousand versts for a 10-year replacement 1.5 years ago, the surnames of the owner and I are different (the owner of the car is the spouse), there is a wedding ring on my finger. Naturally, everything is in order with the documents, even the technical inspection that was honestly passed in 11 at the end of the year was also presented to the IDPS. I see that the IDPS clearly has no questions for me, because there is clearly nothing to grab onto, he rolls up the insurance, the authorization, puts down the documents to return them to me, then a bailiff approaches him, whose car is parked nearby and says: give me his documents , I’m going to check the debts in my database right now. I still have the entire package of papers in my hands except my driver's license and car's COP. Moreover, VU and SOR passed into the hands of the bailiff, bypassing my hands. This situation immediately begins to infuriate me with its arbitrariness. Neither I nor the owner have any debts, but I don’t like lawlessness. Until the bailiff realized what was happening, I just brazenly snatched my documents out of his hands and started yelling for about 10 minutes on the topic of what is possible and what is not. I explain to him that he is going through the woods on the topic of getting my documents in his hands, because in order to finally look at them, he must have at least an enforcement proceeding against me, and not just a desire to “break through the database.” And finally, what about the lawlessness, until he intimidated that now for arbitrariness, another traffic police inspector will receive for violating order 185 and finally, why the hell is Article 27 of the Constitution being violated. Question: what should it really be like? Does IDPS have the right to transfer my documents to anyone? Bailiffs, investigators, police officers. Reading the regulations did not provide any clarity. As far as I know, such raids are illegal. And what kind of forest do the bailiffs go to with the desire to “break through the base”?
PySy: I am legally literate, but on a slightly different level, specifically in this matter I am very confused.

Last edited by Floyd; 06/03/2012 at 08:51.