Powers of bailiffs in debt collection and what to do in case of excess. What rights and responsibilities does the bailiff have, what powers does the position give

Bailiffs. Who is this? What are their tasks? What is the scope of responsibilities bailiffs?

Federal bailiff service Russian Federation (FSSP of Russia) - federal body state power, whose functions are to ensure the established procedure for the activities of courts, the compulsory execution of judicial acts and acts of other bodies, as well as officials. In addition, this state body implements law enforcement functions and functions of control and supervision in the established area of activity.

In the Russian Federation, bailiffs are federal state civil servants of the Russian Federation.

The Federal Bailiff Service of Russia is subordinate to the Ministry of Justice of the Russian Federation.

The main tasks of this government body are:

Ensuring the established procedure for the activity of courts of all levels, as well as justices of the peace;
Organization of compulsory execution of entered into legal force and not being executed in voluntarily judicial acts, judicial acts subject to immediate execution, as well as acts of other bodies and officials;
Execution of criminal procedural legislation in cases referred to the jurisdiction of the Federal Bailiff Service;
Management of territorial bodies of the FSSP of Russia.

Bailiffs are divided into:

bailiffs-executors;
bailiffs to ensure the established procedure for the activities of the courts.

What is the difference between these two positions?

Bailiff- an official whose duties include directly compulsory execution of judicial acts, acts of other bodies.

The main duty is the execution of decisions, decisions, which consists in the collection sums of money... Recovery means the seizure of funds, both in cash and in the debtor's accounts, as well as the seizure of property, with its subsequent sale and repayment of the debt. In addition, for the speedy execution of executive documents in production, the bailiff is endowed with additional powers, namely: the possibility of establishing a ban on leaving the Russian Federation, a ban on the issuance of a passport, a ban on the alienation of property (movable or immovable), a ban on the alienation of intellectual property. activities.

Most often, complaints against bailiffs are filed precisely against the actions (inaction) of these valiant service representatives. There may be cases when the bailiff is too zealous about the execution of his job duties and as a result, the debtor is literally left without a livelihood and last property. However, the opposite option is more often possible, when, within the framework of the initiated enforcement proceedings, enforcement actions are not carried out.

What actions in this case must be taken by the debtor and the claimant to protect their rights within the framework of the initiated enforcement proceedings? First of all, you need to know that the Federal Bailiff Service, like any other government body, in its activities is guided by laws and regulations. The main regulations are:

Federal Law dated 02.10.2007 No. 229-FZ "On enforcement proceedings»;
Federal Law of 21.07.1997 No. 118-FZ "On Bailiffs".

The first of them determines the terms, conditions and procedure for the compulsory execution of judicial acts, acts of other bodies and officials, regulates the amount of deductions from wages and other income of the debtor, also contains types of income that cannot be foreclosed. The second law regulates the rights and obligations of bailiffs.

Bailiff for OUPDS- occurs mainly at the entrance to the judicial authorities (courts), requiring you to show your passport (bag, box, purse, etc.). When carrying out enforcement actions, they act as power support for the bailiff, as well as free labor for loading, unloading, lifting and transferring property seized from debtors.

When carrying out their official duties, bailiffs must wear a bailiff's uniform and service badge, which distinguishes them from all kinds of collectors, who often seem to be bailiffs.

The service badge is a figured shield with corrugated beams with ribbons superimposed on it, a round medallion with a double-headed eagle, a ribbon with a series and number, as well as the inscription “FSSP of Russia”. Each badge has its own series and number. This sign should be placed on the left side of the chest of the uniform or civil suit of the bailiff.

So, if you have basic knowledge in the field of enforcement proceedings, you can protect yourself from most of the problems that arise during the execution of judicial and other acts.

Editor: Igor Reshetov

Debt collection by bailiffs is the most legal of all existing ways work with debtors. But not everyone knows its order. For example, from the collectors on the phone you can hear: "We will come with bailiffs and take away your property." In fact, the bailiffs adhere to strict regulations. In order to be confident in the proper implementation of the law, you need to study the order of their work.

When a debt is collected by bailiffs

Debt collection by bailiffs can take place on the basis of a writ of execution or a document that has the same force. These include:

writ of execution issued by courts of general jurisdiction and arbitration courts on the basis of judicial acts adopted by them;
court orders;
notarized agreements on the payment of alimony or their notarized copies and certificates issued by labor dispute commissions;
acts of the Pension Fund of the Russian Federation and the Fund social insurance RF on recovery Money from the debtor;
acts of bodies implementing control functions, with the exception of executive documents on the collection of funds from the debtor's account, on full or partial non-fulfillment of the requirements of these bodies;
judicial acts, acts of other bodies and officials in cases of administrative offenses;
decisions of the bailiff-executor;
acts of other bodies in cases stipulated by federal law;
executive inscription of a notary;
a request from a central body appointed in the Russian Federation in order to ensure the fulfillment of obligations under an international treaty of the Russian Federation on the search for a child illegally displaced or held in Russia;
executive documents issued by competent authorities foreign states and subject to execution on the territory of Russia in accordance with international treaties of the Russian Federation.

What debts can get to the bailiffs

Any debts can be involved in production, the collection of which is legal, for example:

alimony;
loans, microloans, mortgages;
taxes and other contributions to the state budget;
contributions to Pension Fund and the Social Insurance Fund;
traffic fines and other fines;
debts on receipts and other documents, which resulted in a court ruling in favor of the creditor;
indebtedness under contracts (for example, delivery of goods);
Housing and communal services (including overhaul);
wage arrears (including under civil contracts).

Moreover, the debts of any citizens are subject to collection. The following are obliged to comply with the requirements of the bailiffs:

individuals;
legal entities;
government bodies (for example, city administration).

The legal requirements of the bailiff are obligatory for everyone government agencies, local authorities, citizens and organizations and are subject to strict implementation throughout the Russian Federation.

Art. 6 Federal Law N 229 dated 02.10.2007.

The court makes a decision, and if the debt is not repaid within the period specified by the court ruling, the claimant has the right to turn to the bailiffs.

How to make sure that the debt is collected by bailiffs

If there is a document that has the force of a writ of execution (for example, a notarial agreement on alimony), it must be taken to the Bailiffs Service and a statement on the initiation of enforcement proceedings must be written. There is no need to pay the state duty for this, and the application itself can be written directly at the bailiffs.

The application is itself performance list(the bailiffs will take it away) and a copy of the court document. You will be asked to show your passport for identity verification. The entire application procedure takes no more than 5-10 minutes.

Important: enforcement proceedings will be opened only upon contacting the bailiffs department at the debtor's place of residence.

If there is no writ of execution, you need to go to court and apply for its issuance. You can usually get it right away.

After a decision is made, the court does not always issue a writ of execution, so you need to submit an appropriate petition

Powers of bailiffs

The powers of the bailiff depend on the official status; the hierarchy is observed in the service. So, the chief bailiff of the Russian Federation directs and controls the work of the FSSP (Federal Bailiff Service), determines the measures applied to debtors. He is also the coordinator for the interaction of the leading bailiffs of the constituent entities of the Russian Federation and their subordinates. In addition, the chief bailiff of Russia can issue orders and cancel decisions of officials of the FSSP if they are not lawful.

The chief bailiff of the constituent entity of the Russian Federation heads and is authorized to control the activities of the regional body of the FSSP. Within the subject, the senior bailiff heads the structural unit. For example, the bailiff Rogozin is subordinate to the senior bailiff of the Penza region Platonova. Platonov is subordinate to the chief bailiff (head of the FSSP Office for the Penza region) Pazechko. Pazechko is subordinate to Parfenchikov (chief bailiff of the Russian Federation).

Ekaterina Guryanova, lawyer

Bailiffs can:

arrest the debtor's property for further sale in order to recover the debt;
to withdraw part of the income (but not more than 50%);
seize the debtor's deposits and accounts (including assets and securities);
to seize part of the property and transfer it to the claimant;
seize property held by third parties;
block your driver's license;
establish a ban on the debtor's travel abroad.

All organizations are required to comply with the FSSP regulations.

Video: powers of bailiffs, enforcement of court decisions, rights of a claimant

Rights and obligations of bailiffs-executors

The bailiff is obliged to take all possible measures in accordance with Russian legislation:

submit documentation to both parties (make extracts, copies, etc.);
accept and consider petitions of the parties, as well as explain to them the terms and procedure for appealing decisions;
to draw up a self-rejection if there is a suspicion of the bailiff's interest;
work with the personal data of the parties, if necessary for collection;
declare on the wanted list the debtor, his property, as well as the child, who, according to the executive document, must be selected and handed over to the legal representative;
to compose and send reports on the crime to the head of the body of inquiry (senior bailiff) in accordance with the criminal procedure legislation.

However, besides the duties, the bailiffs also have the rights:

receive the necessary information (including personal data, explanations and information);
to check with employers: whether they deduct payments from the salaries of debtors and whether they keep financial documentation for execution;
give instructions to the parties on the implementation of specific enforcement actions;
enter the premises and storage facilities occupied by debtors, and, if necessary, open them;
study documents, inspect property (including vehicles), examine the premises occupied by the wanted persons or belonging to them;
arrest, seize, transfer for storage and sell the seized property;
to use the transport of the claimant or the debtor for the transportation of property with the attribution of expenses to the account of the debtor;
in case of ambiguity in the provisions of the executive document, apply to the court with an application for clarification of the method and procedure for its execution;
summon citizens and officials according to executive documents in production;
check identity documents of persons participating in enforcement proceedings;
to carry out executive-search actions (to request search information from data banks);
seek assistance from employees of the internal affairs bodies, migration registration, the FSB and those authorized in the field of protection of the population, other government bodies, local self-government, as well as to the military and employees of the National Guard troops of the Russian Federation.

Collection procedure, the order of work of bailiffs

The court sends the writ of execution to the FSSP.

Sometimes the claimant himself takes the writ of execution and hands it over to the bailiffs, since it is the basis for initiating proceedings. Within 6 days (but not more), enforcement proceedings must be initiated, and the parties must be sent an appropriate resolution.

Ksenia Artyushkina, lawyer

After delivery of the order, the debtor is given 5 days to fulfill the obligations. At this time, the bailiffs do not impose restrictions, do not bother the parties in any way. However, during these 5 days, the bailiffs can conduct a search for the debtor's property (if someone else uses it and this interferes with the fulfillment of obligations). It is also possible to arrest property if alienation is suspected.

For example, the only property of the debtor is a car, the amount of the debt is large, and the debtor threatened to sell it. The bailiffs can seize this car to prevent the deal from taking place.

Bailiffs have the right to arrest a car so that the debtor cannot sell it

If within 5 days the debtor has not fulfilled his obligations, an additional period begins (2 months) when the bailiff can apply a whole range of measures. Enforcement proceedings can be suspended and resumed. Most often, the collection procedure is delayed. A tough measure in the framework of the proceedings is the arrest and sale of the debtor's property. And since the bailiff is interested in executing the court's decision as quickly as possible, the property is sold at a low price.

The last resort is liability under the Criminal Code. For example, Article 157 states that a hard-core non-payer of alimony can expect such a punishment as imprisonment for up to 1 year.

Debt collection order

If the debtor's funds are not enough to fulfill all obligations, these funds are distributed in a certain sequence:

Claims for the recovery of alimony, compensation for harm caused to health, compensation in connection with the death of a breadwinner, compensation for damage caused by a crime, as well as claims for compensation for moral damage.
Requirements for the payment of severance pay and remuneration of persons working (worked) under an employment contract, as well as for the payment of remuneration to the authors of the results of intellectual activity.
Requirements for mandatory payments to the budget and extra-budgetary funds.
All other obligations.

The interests of children in matters related to the order of collection are a priority

If the money is collected from the debtor in parts, then each claim is paid after the previous one has been fully repaid. For example, entrepreneur Ivanov has a debt for alimony (10,000 rubles) and salaries for employees (50,000 rubles). His income is 16,000 rubles, half of this is kept by the bailiffs. In the first month, 8000 will be paid off in favor of alimony obligations. In the second month, 2000 will be sent to pay off the debt for alimony, the remaining 6000 for salaries, and so on.

Statute of limitations: how long will the bailiffs try to collect the debt

The limitation period for the proceedings depends on the fact of receipt of the court order by the debtor. For example, the debtor had a loan, but within three years he did not receive a writ of execution, the creditor bank will not be able to re-sue. The court will justify the refusal to accept the claim by the expiration of the statute of limitations. However, for such an outcome, you need to try. The fact is that the writ of execution is either handed over in the courtroom or sent to the debtor by mail.

It is difficult to prove that the debtor did not receive it. There is such a possibility, for example, if it was intended to send a writ of execution by mail, but immediately after the trial, the debtor went abroad (and this is possible, since before the initiation of enforcement proceedings, the bailiffs do not impose restrictions). To do this, you will need to confirm the date of departure and residence abroad for at least three years.

If the writ of execution is not handed over to the debtor, or he does not have property and there is nothing to sell to pay off the debt, then the proceedings are returned to the recoverer.

What can bailiffs take for debts

According to the Civil Procedure Code, any property other than the untouchable can be arrested. The list of property that the bailiffs have no right to take away includes:

Apartment (or share in an apartment), residential building or land plot, on which he stands, if the debtor lives there.
Household items and household items, as well as personal items (in particular, clothes and shoes).
Property that the debtor needs for professional employment.
Livestock, poultry and other animals, if they are used for personal needs and not for entrepreneurial activity(as well as buildings and structures for keeping these animals).
Seeds for sowing.
Food and money (at least living wage the debtor and his family members).
Fuel required for cooking and heating the living space during the entire heating season.
Technical vehicles for disabled people.
Prizes, state awards, honorary and commemorative signs, which were awarded to the debtor.

However, there are exceptions and caveats for each of these points. For example, an apartment can be taken away. But only if it was purchased under the program mortgage lending and is a pledge at the bank.

In the list of personal belongings, jewelry and other luxury items are an exception. For example, a collection of wristwatches made of precious materials is sometimes not inferior in value to a collection of expensive cars, so it can be arrested by bailiffs for further sale.

The property necessary for work means devices and items, the cost of which does not exceed 100 minimum wages. For example, a guitar is a professional instrument for a musician. A prototype Fender guitar costs about half a million dollars - the bailiffs have the right to pick up such a model. Seeds for sowing become untouchable property if farming is the main employment, generating income and feeding the whole family.

Expensive plants (in the form of seeds and seedlings) can be considered luxury goods, since they are not a way of earning money and the only source of income.

A vehicle for a disabled person can be, for example, a wheelchair. However, even if it is made from precious metal then is not subject to arrest. On the contrary, any car cannot be exempted from exemption if its owner is visually impaired, since this car is not the only available means of transportation.

What if the bailiffs can't collect the debt

If the bailiff cannot collect the debt, then the enforcement proceedings are terminated and closed officially. This can happen for two reasons:

Lack of property and funds sufficient to collect debt.
Poor quality work of the bailiff.

When there is nothing to take from the debtor, the writ of execution is returned to the claimant. The creditor needs to wait until the debtor has money. Since the bailiffs no longer have anything to do with the case, the claimant himself will have to control this process. And when funds appear (for example, new job) from the debtor, you need to come to the bailiffs again with this executive document. It is important to remember that it will be possible to apply again only within the three-year limitation period.

If everything depends on the bailiff and he did his job poorly, there is no need to wait. Firstly, you need to monitor the activities of the bailiffs, regularly call and learn about the production procedure, and even better to travel. Secondly, you can draw up a complaint and send it to the name of the senior bailiff (head of the structural unit).

If she didn't give desired result, you can write to the manager regional office FSSP. The complaint to the chief bailiff is similar to the complaint to the chief bailiff. The difference will be in the "head" of the letter: the name of the body, full name. the head of the department, his position.

The complaint should indicate previous attempts to appeal. When sending (or personally filing), a certified copy of the previous complaint must be attached to the letter with a clear signature of the receiving employee and the date of acceptance for consideration. If the document was sent by mail, then you need to attach copies of it and a mail notification of delivery to the addressee of the previous letter.

If there are no results (for example, the complaint was not answered within 30 days), you can contact the prosecutor's office.

The prosecutor requests the executive documents, examines them and makes a decision. At his request, the chief bailiff will oblige the bailiff to eliminate those gaps in production that led to the violation of your rights (if this is confirmed).

Subtleties and mistakes of enforcement proceedings

V legal issues even the most imperceptible (at first glance) nuances can affect the course of the case. So, an error in a writ of execution in 1 character sometimes leads to the liability of the claimant.

For example, there was a typo (1 digit) in the number current account... There was a sufficient amount of money on the debtor's account, and they went to the bank account of the claimant. He will be delighted when he finds out about the account replenishment, and everything seems to be over. But the one whose account number is mistakenly indicated in the documents will be able to return his funds through the court, the basis for filing a claim will be unjustified enrichment. But all these amendments can take a lot of time, and you can't waste it.

There are techniques that debtors resort to on purpose. For example, the debtor found out that the creditor decided to collect the debt and wants to get ahead of him. This is called a feigned lead trade. To do this, the debtor only needs to provide evidence of debt obligations to third parties. As a rule, these are relatives or close acquaintances. Such a document may be a contract, and the amount indicated in it is much greater than the amount charged by you. In accordance with Russian law, debt to third parties is a priority, so you will have to wait for the defendant to “pay off” them.

However, in addition to debtors, some recoverers go to various tricks. Most often this happens when the borrower has not taken care of his rights and guarantees in advance. For example, a debt on receipt. The debt can be returned, and the former creditor files a lawsuit to recover it. Since the court only adheres to legal grounds, then without witnesses and documents confirming the fact of return, the claim will be satisfied.

But the Civil Code stipulates that debt repayment frees a person from debt obligations.

Proper performance terminates the obligation.

Article 408 Civil Code RF

If the debt is collected twice (erroneously) by the bailiffs, you need to find documents about both payments (write-offs, transfers, etc.), contact the regional department of bailiffs (ROSP) and write a statement. In this case, it is not difficult to return the money if saved payment documents.

What happens when a debt is paid off

If the debt is fully repaid and there are payment documents in support of this, they must be submitted together with the application to the ROSP. This application must be drawn up under the incoming number, on the basis of which the enforcement proceedings will be closed.

Enforcement proceedings can be started on the basis of the documents, the list of which is provided Federal law"On enforcement proceedings". Bailiffs have the right to take away part of the salary, but not more than half of it, seize property, block bank accounts and driver's license. The term of enforcement proceedings is 6 months. If during this time the debtor has not returned the debt, then the creditor can turn to the bailiffs again. Re-appeal is carried out within a three-year limitation period.

Statistical data

According to statistics, only 20% of debtors repay the debt themselves within a month after the court's decision. 30% do it thanks to the bailiffs. And 50% categorically refuse the obligations imposed on them.

Most debtors do not voluntarily comply with court decisions. Therefore, in legal practice, one of the longest stages in the end of a trial is the compulsion to execute a court order.

Legal regulation of the collection processes takes place on the basis of Federal Laws No. 118 and No. 229. The powers of the bailiffs to collect debts, as an influencing mechanism on the debtor, is built on the basis of these legislative acts.

The bailiff-executor has the right: to arrest property, securities, money, to seize the listed property; check financial documents; organize the search for debtors and the search for property. After the decision comes into force, the court undertakes to issue a writ of execution in the hands of the plaintiff or, at his request, send the document for execution to the bailiff. The bailiff service will accept the writ of execution and draw up an application for collection.

Stages of debt collection by bailiffs

It is necessary to outline the main stages of the order of debt collection by bailiffs and the process of compulsory execution judicial act as well as other authorized bodies.

The video examines the details of the work of bailiffs

Possible difficulties in debt collection

In cases where the debtor is hiding from paying the debt, the bailiff has the right to declare the citizen on the wanted list, as well as to involve the Ministry of Internal Affairs and the tax office. The search for a debtor is carried out carefully, starting from the place of residence and addresses of relatives, and ending with a workplace. FSSP representatives are authorized to conduct a search from 6 am to 10 pm. If the debtor is absent from the place of residence, then the bailiff undertakes to send the citizen's property for storage.

The bailiffs have the right to seize any property that is not "vital" or "earning tool". It is also impossible to withdraw an apartment if it is the only home of the debtor and his family, with the exception of collecting mortgage arrears. The seized property is recorded in the inventory act and signed by attesting witnesses.

If the bailiffs cannot collect the debt within three years, they will be forced to close the enforcement case and notify the plaintiff that it is impossible to collect the debt. But debentures do not have a statute of limitations, therefore, the plaintiff has the right to apply to the court to extend the writ of execution and re-transfer the case to the bailiffs.

Complaint against the action or inaction of the bailiff-executor

The legislation of the Russian Federation provides for two ways to challenge the action or inaction of the bailiff to collect the debt. The first is to file a complaint with the chief of the bailiff, that is, in the order of subordination (according to Article 123 of the Federal Law "On Enforcement Proceedings"). The second method also boils down to filing a complaint, but against the orders of the bailiff, and in arbitration court or a court of general jurisdiction, depending on where the official performs his duties. There is an opportunity to appeal against the actions of the bailiff, such as the issuance of orders that violate the rights of citizens. Also, the inaction of the bailiff is subject to appeal if he does not take the actions prescribed by law.

A complaint against a bailiff about his action or inaction is filed within ten days after the fact of violation is established. If the debtor is not informed about at what time the bailiff will carry out certain actions, then the citizen has the right to appeal against these actions no later than ten days from the moment of their completion. In this case, a postal notification with the date of receipt of the letter becomes evidence.

Based on Article 199 of the Arbitration Procedure Code of the Russian Federation, an application to an arbitration court challenging the action or inaction of the bailiff must reflect the following points:

Full name of the citizen or the name of the organization applying, place of residence or location of the organization;
Full name official in respect of which the application is being drawn up;
Grounds for appealing against the decision of a person of the bailiff service, a description of what his actions or inaction are;
Requirements of the organization or citizen who wrote the complaint;
Attached documents.

The application should be accompanied by: a receipt for payment of the state duty; a copy of the Impossibility of Execution Act; a copy of the decision on the end of the enforcement proceedings; a copy of the court decision on the case; a copy of the writ of execution.
As a result, the court will either satisfy the stated requirements or refuse. If the court approves the complaint, then the defendant will be charged the costs of paying the state duty, and the enforcement proceedings will resume.

Learn more about the federal law on debt collection activities here.

Questions on debt collection by bailiffs, leave in the comments

The bailiff is an official who performs court decisions... In our article, we will tell you in detail what rights he has, as well as what his responsibilities and official powers are. Knowledge of these subtleties will help in case of illegal actions by the bailiff.

○ Regulation of the actions of the bailiff.

The activities of employees of the Bailiff Service (BSC) are regulated by:

The Civil Code of the Russian Federation.
Federal Law "On Enforcement Proceedings" dated 02.10.2007 No. 229-FZ.
Federal Law "On Bailiffs" dated 21.07.1997 No. 118-FZ.

It was in the last normative act all rights and obligations of this official are indicated.

Bailiffs perform their assigned duties in structural divisions Federal bailiff service and structural divisions territorial bodies Federal Service of Bailiffs.
(Clause 1.1. Article 4 No. 118-FZ).

○ The rights of a bailiff.

All rights of this official are exercised exclusively within the framework of judicial and enforcement proceedings. Without a judge's order and / or a signed writ of execution, the bailiff has no rights to take any action with the debtor. But the presence of this document gives him some powers, which are designed to ensure the execution of the court's decision.

✔ Verification of documents.

This action is included in the rights of the bailiff. He can check the identity documents of people in the courtroom or in the building of the SPF, as well as during the bringing of persons evading summons to court.

The bailiff can also conduct a personal search of the above categories of citizens in the framework of enforcement proceedings.

Also, according to paragraph 2 of Art. 12 No. 118-FZ, the bailiff has the right to check documents from all participants in enforcement proceedings, as well as from employers when it comes to financial condition their workers.

✔ Delivering the evader to the courtrooms.

If a person does not appear in the courtroom, the bailiff can visit him at home. This does not mean that he can forcibly deliver the defendant to the hearing, but such a visit will allow him to deliver the summons in person. This means that the evading person will no longer be able to explain his failure to appear by not receiving a summons.

It is important to take into account that the law restricts the possibility of visiting debtors at home. The bailiff can only visit them from 6 am to 10 pm on weekdays. A visit at a different time will be the basis for an appeal against his actions.

✔ Implementation of enforcement proceedings.

The bailiff implements the court decision by informing the defendant about it. In case of evasion of execution court order, an employee of the SSP can make it compulsorily. This means:

Search for the defendant.
Search for his sources of income.
Property inventory.
Seizure of property and income.
Realization of property to pay off debt.

All these actions are carried out within the framework of enforcement proceedings on the basis of a writ of execution, which gives the bailiff these powers.

✔ Other rights.

According to clause 2 of Article 12 No. 118-FZ, the bailiff also has the right to:

Give instructions for the implementation of executive actions to the participants in the process.
Use non-residential premises for storage of seized property with the consent of the owner.
Summon the participants in the proceedings according to the executive documents.
Seek assistance from law enforcement officials, the migration service, military personnel and other persons who can provide any assistance in enforcement proceedings.

○ Duties of the bailiff.

Together with the rights, the law gives the BSC employee certain responsibilities. Let's consider what is included in them.

✔ Court security and security.

The protection of the court is carried out by ensuring the established order. The duties of the bailiff include:

Verification of documents of persons attending the hearing.
Personal search of those present.
Obtaining weapons and special protective equipment.
Knowledge of the features of the protected building.
Checking the state of the security and fire system; serviceability of telephone communications and lighting.
Prevention and suppression of crimes and offenses in the courthouse.

✔ Face drive.

Carries out the drive of the defendant evading the appearance at the hearing. To do this, the bailiff visits him at his home or work address, personally hands over the summons.

Similar actions are carried out when a criminal case is being considered in which a person acts as an accused or an important witness, on whose testimony the court decision depends.

✔ Other responsibilities.

Also, according to clause 1 of article 12 No. 118-FZ, the duties of the bailiff include:

Taking the necessary measures for the timely execution of production.
Providing the parties with the opportunity to familiarize themselves with the case materials.
Consideration of applications of the parties with the adoption of an appropriate resolution and clarification of the terms and procedure for appeal.
Declaration of the debtor on the wanted list.
Notification of the head of the body of inquiry (senior bailiff) in case of revealing signs of a crime.

Work activities Federal Service Bailiffs are regulated by the charter of the service, civil, administrative, procedural codes, by-laws and decrees. And when collecting debts forcibly, the bailiffs must be guided by the charter and federal laws.

The scheme according to which, operate in the FSSP, for collection very simple:

After the FSSP receives court order, decision, writ of execution - for debt collection, and the plaintiff's statement on the acceptance of the document, the office prepares an order for the organization of the enforcement case and the responsible bailiff. The order is approved by the head of the district administration. The term for organizing production is three working days.
The bailiff is obliged to notify the debtor of the debtor's proceedings, in writing, calling him either by phone or by mail at the place of residence. Also, the bailiff is obliged to provide a time limit for the voluntary performance of duties. But this does not prevent from simultaneously starting the search for the property, bank and salary accounts of the debtor.
When establishing the assets belonging to the debtor, Federal Law No. 229 "On Enforcement Proceedings" allows seizing the identified property and even selling it without the consent of the debtor.
In accordance with the same law 229, to impose a ban on the debtor's travel abroad.
If the sale of the property does not cover the debt, the bailiffs can turn to the employer with the requirement to withhold part of the wages in order to pay off the debt.
Monitor the legality of debt write-off and execution costs from the debtor and close the proceedings.

If the debtor is hiding and hiding his property, then the bailiff declares him on the wanted list, and may involve the Ministry of Internal Affairs, the traffic police, and the tax office for this. The search will be thorough, starting from the last place of residence and residence of relatives, ending with a search at work. FSSP employees have the right to be searched on weekdays from 6 a.m. to 10 p.m. (Article 35 of Law 229). Please note that Article 12 gives the bailiff the right to penetrate not only into non-residential premises, but also into an apartment without his consent and the debtor, to search for and establish the property of the debtor. If the debtor is absent, the bailiff is obliged to transfer the property for safekeeping - it is this point in Article 12 that most often stops the bailiffs.

The bailiffs have the right to seize any property that does not fall under the definition of “vital necessity”, “instrument of production / earning”. An apartment - if this is the only housing of the debtor, his family, and is in the ownership of the debtor, do not have the right to arrest, with the exception of: collection of mortgage debt. All seized property must be documented and signed by attesting witnesses.

If, within three years, the bailiffs could not collect the debt, or realized that there was nothing to recover from the debtor, the bailiffs close the enforcement case, notify the plaintiff about this by a letter about the impossibility of collecting the debt, and return the writ of execution to him.

On this, it seems, everything would end, but since the promissory notes do not have a statute of limitations, the plaintiff has the right to judicial procedure extend the writ of execution and transfer it again for production to the bailiffs.