Litigation in our country is not uncommon. Upon their completion, the court makes a decision. In this case, one of the parties has certain responsibilities. Control over their implementation are the bailiffs. These specialists are endowed with broad powers, as well as rights and obligations fixed at the legislative level.
The legislative framework
Not all citizens understand what kind of bailiff service they have, their responsibilities and rights.
To answer this question, you should study:
- Constitution.
- Law on Enforcement Proceedings.
- Law on bailiffs.
- Some other legislative acts (in particular, Instruction No. 226 on the procedure for the execution by bailiffs of court orders).
Sometimes, to solve specific problems, you should contact a lawyer for information. They will definitely tell you what the bailiffs are entitled to do, and what they have no right to, what they should and should not.
Bailiff Rights
The law on bailiffs, which sets out their rights, was adopted back in 1997. But due to the fact that the load on the service is increasing from year to year, it was decided to make the powers of employees even wider. The duties of the bailiffs include working with people who do not comply with the law. Thanks to the expanded powers, specialists got the opportunity to achieve great results, as sometimes they have to deal with aggressive behavior of citizens. The main rights of these civil servants include the following:
- Get the necessary information on the case.
- Perform checks and conduct research.
- Give directions to the participants in the process.
- Inspect the room.
- Arrest bank accounts, as well as property owned by the debtor, followed by confiscation.
- Search for a debtor using state support tools.
- Attract other government agencies to implement the provisions of the executive document.
The use of physical force and weapons
After the introduced changes in the rights and obligations of the bailiff on OUPDS entered the use of weapons and physical. strength. In the State Duma, this issue was discussed very sharply. On the one hand, specialists needed to be given more authority, and on the other, to prevent arbitrariness. Therefore, in order to enter the service, today stringent requirements are imposed on candidates. And if a specialist had to use physical force, he must within a day notify the management in writing.
Functions and responsibilities of bailiffs
In addition to the fact that bailiffs are endowed with broad powers, they also have many responsibilities that they must follow. The functions are fixed at the level of legislation. So, the bailiff in charge of the enforcement proceedings is obliged to:
- Provide the parties to the process case materials for review.
- Consider applications, complaints and petitions ;.
- To put on the wanted list of the debtor in the presence of relevant circumstances.
- In case of violation of the norms of criminal procedure legislation, transfer the offender to the bodies of inquiry.
When the rights and obligations of bailiffs are exercised, they use the available legal tools. Employees are not required to guarantee the implementation of the provisions of the executive document. At the same time, they must do everything to ensure that the judicial document is executed.
The proceedings have a statute of limitations. In general, it is three years. However, sometimes it is extended or, conversely, reduced.
The most effective powers include:
- seizure of bank accounts;
- seizure of property owned by right of ownership;
- a ban on traveling abroad;
- restriction in access to public services;
- deprivation of a driver’s license;
- community and correctional work.
The law provides for the imposition of legal liability on bailiffs in case of abuse of authority. If the work is performed poorly (for example, in the performance of the duties of the bailiff for alimony), the specialist ignores his duties, exceeds his rights, he will bear administrative responsibility or be removed from office. Having noticed such violations, a citizen has the right to send a complaint to management or file a lawsuit in court within ten days.
Powers and features of the activities of bailiffs
Before filing a complaint with the bailiff service, you need to know about the division of this system. Among the employees there are bailiffs who monitor compliance with executive documents, as well as bailiffs for OUPDS. In the latter case, specialists can be at the checkpoint in the courthouse, as well as perform power tasks and support other bailiffs in the work of enforced collection of funds, as well as the arrest of property belonging to him.
The responsibilities of the bailiff for OPSA include the following:
- Organization of maintenance on-duty duty;
- Preservation of confidentiality of information;
- Other tasks.
In addition, they perform many of the actions specified in the law on bailiffs. When serving, employees wear specialized clothing with distinguishing features. On the left side of the chest on the form there is an icon with a departmental emblem. This attribute remains mandatory even if the bailiff is dressed in civilian clothes. All badges are registered, and have their own identification serial number.
Bailiffs on OUPDS: what does it mean?
In order to successfully fulfill the duties of a bailiff under the DMA, the specialist is assigned to the courts on a permanent basis. This is stated in Instruction No. 226 (paragraph 4.3). And the first paragraph lists the responsibilities of this employee.
Security
So, specialists should ensure the safety of judges, juries and other participants in the trial during the trial. And if the procedural actions are carried out outside the court, then there.
The participants of the process, both civil and procedural in nature, include: the plaintiff, defendant, interested and third parties, representatives of the plaintiff and defendant, as well as the prosecutor, translator, expert, witnesses and others. In the criminal process, participants are the prosecutor, the plaintiff and the defendant from the civil process, the defendant, the lawyer, experts, translators, witnesses and so on.
You must also understand what security means. This term is understood as a set of measures consisting in the prevention and suppression of attacks on people who are associated with official activities. The purpose of these measures is to create an appropriate environment for the administration of justice. These measures are applied if there is sufficient information about the reality of the threat against persons under protection. If there is an encroachment on the life and health of these persons, then the measures are even included in the duties of the bailiff under the DMA. This is stated in paragraph 3.3 of Instruction No. 226.
Persons requiring protection may themselves turn to the bailiff. The reason for this may be, for example, received threats. Security is provided mainly in court during the trial. But at the direction of the senior bailiff, protection can also be carried out on weekends and holidays.
While ensuring safety in court, specialists perform the following actions:
- The senior bailiff sets the duty station.
- Before the meeting, the premises are subjected to a thorough check to see if there are no orphaned things and dangerous objects there, as well as persons whose appearance is suspicious are examined.
- The serviceability of the communication is checked, including that of an emergency nature.
- Persons who violate the established procedure (by order of a judge) are removed from the courtroom.
- Force, special means and firearms are used in cases provided by law.
- An appeal is being made for assistance to officers of the internal affairs agencies, the FSB, migration registration, emergency protection services, and military personnel.
Delivery of cases and material evidence
Bailiffs must deliver criminal cases and evidence to the place of the court session or to the judge’s office. This is carried out on his behalf. At the same time, the responsibility of the bailiff under the OUPDS does not include their carrying. Therefore, he accompanies the court clerk, who receives the relevant materials in the office.
Maintenance of public order
The bailiff must ensure the maintenance of public order. This concept means the creation of an atmosphere of public peace, as well as favorable conditions for the activities of people. This official duties of the bailiff on the PDSA are performed as part of the order of the chairman of the court. This is stated not only in the Instructions, but also in the Code of Civil Procedure, Agribusiness, and Code of Criminal Procedure.
In accordance with the Instruction, bailiffs must ensure the protection of the courthouse during working hours. However, in practice this is often required at night, as well as on weekends and holidays. The decision on round-the-clock protection is the responsibility of the senior court bailiff of the Russian Federation.
The bailiff must bring in persons who evade the appearance of the court. The basis for this is the decision of the inquiry officer or bailiff. A drive is the delivery of a person to the place where he was called, forcibly. For this purpose, specialists go to the address of the actual stay of the person to be delivered, check his documents and hand in the decision.
If a person does not openly obey and resists repeatedly, bailiffs are entitled to use force, special means or weapons. However, they are required to remain correct to these persons. After the drive, the bailiff must draw up an act and indicate in it the place and time of the violation, its nature and measures taken in connection with this. Minors under 16 years of age are brought in through their legal representatives.
The execution of certain actions of performers and interrogators is fraught with risk. Therefore, the responsibility of the bailiff for OUPDS (with amendments to the law) is to ensure their safety. This is carried out on behalf of the senior bailiff.
Interaction with other law enforcement agencies
The senior bailiff makes a decision on the interaction between the bailiffs on the police department with the police officers, military personnel and representatives of other law enforcement agencies. This specialist takes measures to increase the convoy by attracting bailiffs on OUPDS. At the same time, an appropriate service plan is developed and agreed upon. As part of it, the bailiff under the DMA is required to:
- Strictly adhere to the plan and fulfill the orders of the senior bailiff.
- Have good weapons and special equipment.
- Constantly monitor the escort.
- Be prepared to prevent and combat the illegal actions of the defendants.
- Offer a convoy to carry out a personal search of the defendant.
- Take him out of the room after the trial.
At the same time, bailiffs cannot:
- Talk with the escort on issues not related to escort.
- Receive or transmit any items, notes, products, letters.
- To disclose the organization of protection and other similar information.
Medical checkup
In contrast to the previously existing provisions, at present, a specialist should not only undergo special training. The rights and obligations of the bailiff under the DIA include regular checkups with doctors and passing a military medical examination on the suitability for using force, special equipment and weapons.
Verification of documents
The bailiff has the right to check the documents of a person regarding his identity card (usually a passport). He has the right to carry out personal searches of persons in courthouses and bailiffs, including personal items. Personal search is carried out only by a person of the same sex in the presence of 2 witnesses of the same sex. The inspection is also carried out in the presence of 2 witnesses, but the floor is no longer relevant. In exceptional cases, a personal search is possible without witnesses. One way or another, a protocol is drawn up during this action.
Conclusion
Thus, specialists can be performers. Then the duties of the bailiffs in collecting money and other executive cases are fulfilled. There are also OPSA specialists. Their responsibilities are somewhat different, although they often overlap with bailiffs.