It is well known that any court decision ends with its execution (in case the parties have not decided to resort to a settlement). But will the defendant alone compensate for the losses, or will a specially trained and responsible person deal with this? Time will tell.
In civil proceedings, a month after the announcement of the decision in the courtroom, the court issues the plaintiff a writ of execution signed by the judge. The plaintiff, at his discretion, may submit this document to one of the bodies specified in the Federal Law on Enforcement Proceedings: the pension fund, the employer, or directly to the federal court bailiff service at the location of the defendant (city, village, village). Most often, the sheet is sent to the bailiff service. There, depending on the territorial affiliation of the defendant (registration)? bailiff secures the bailiff. This is the person who will “knock out” money from the debtor.
FSSP
The FSSP, or the federal bailiff service, is an executive body whose duties, in addition to controlling and supervising in the established field of activity, include ensuring the enforcement of a court decision. In other words, it is the bailiffs who embody the sentence.
These are civil servants. So, to the person who decided to engage in this field of activity, special requirements are made:
The first is the same for everyone - age (at least 21 years).
Second education. Depending on the position taken, it can be either a general average (for example, for a bailiff performing a security function in the meeting rooms), or as a higher professional - economic or legal.
Third is the state of health. Here, again, the requirements for the bailiff and just the bailiff are different. Although practice shows that sometimes such a “bun” comes to the process, which is not something that the criminal cannot twist - the body armor will not pull on itself.
What do bailiffs do
The work of a bailiff is a series of duties imputed to him by the Federal Law on Bailiffs and other regulatory legal acts.
As noted above, bailiffs are divided into two categories:
- those who ensure the established procedure for the operation of the courts (roughly speaking, security guards in court);
- those involved in paperwork (bailiff).
Next, we discuss the nuances of such an activity.
The bailiff is the one who clings to every little thing
Unlike civilian guards living in shops or shopping centers, the bailiff has every right to use physical force. Naturally, he is not supposed to wave his hands like that. So, before twisting a bully or using firearms against him, the bailiff must give an oral warning about his intention to use the protective equipment.
Does he have the right to use force
Exceptions are only in cases where procrastination is life threatening. Also, the bailiff is the person who is required to provide first aid and call an emergency. In each case of the use of physical force, he is obliged to notify the senior bailiff and the chairman of the court, and in case of injury or death - the prosecutor.
At the same time, the bailiff is prohibited from using physical force against a person who has committed a non-violent offense. That is, if dad does not pay child support, it is forbidden to escort him to the courtroom in handcuffs. The category of “inviolable” also includes pregnant women, minor children and persons with disabilities. Exceptions, again, are made only for those who have committed a non-violent offense. The bailiff should know and observe this well.
A bit about reward
How this is a thankless job can be judged by the payments that the state provides in the event of a violation of the work capacity of the bailiff.
Such an employee receives about 20,000 rubles, plus or minus bonuses and bonuses. In the event of his death, the state pays 180 times the average monthly wage. Using simple mathematical calculations, we get 3 million 600 thousand rubles. Is it worth the life of someone's son or father?
If everything turned out to be not so tragic, but it is no longer possible to work as a bailiff (read - disabled person), the law obliges to pay compensation in a 36-fold amount - 720,000 rubles.
Of course, in both cases the state pays a pension, but the result of this will not change. The bailiff is a person risking his life.
What does a bailiff do
The second has a broader list of responsibilities.
So, the bailiff:
takes measures for the timely, correct and full execution of relevant documents (writ of execution, court order, agreement on the payment of alimony, etc.);
acquaints the parties to the enforcement proceedings or their representatives with the case materials;
accepts the application for initiating enforcement proceedings for consideration, makes a decision on it (here, just the decision of the bailiff of the executor is the documented initiation of the case, that is, until the decision is made, the bailiff does not have the right to take any action with respect to the debtor, such as: to arrest accounts, to keep singing, to come home);
carries out the search for the defendant, the property of the defendant, the search for the child, etc.
Which conclusion follows from all this? The bailiff is a civil servant whose legal requirements are required to comply with all bodies, organizations and citizens in the territory of the Russian Federation.
How are things going?
The bailiff on the basis of the application and the attached legal document (writ of execution, court order, etc.) initiates enforcement proceedings. Its material reflection is the decision of the bailiff. This is a document that reflects all the information related to the debtor. Namely: personal data, amount of debt, its rights and obligations.
And finally
The bailiff service is an executive body that exercises functions to ensure the established order of the courts, the execution of judicial acts, acts of other bodies and officials, as well as law enforcement and control functions in the established field of activity. The list of all these tasks, unfortunately, is sometimes difficult to accomplish due to the confrontation of both parties, one of which must comply with a court decision, while the second refuses to cooperate because of its personal conclusions and financial capabilities.
Another disadvantage of such an activity is that employees who are most often not interested in their work (due to natural laziness or lack of proper financial incentives) very often lose business, confuse debtors, transfer money to incorrect accounts and for the wrong details. So, if someone happened to run into this "state machine", then you need to be prepared for the fact that everything to the penny will have to be controlled independently. Otherwise, hanging him in debtors on the "board of honor" and on the federal wanted list forever.
The human factor here, as nowhere else, very clearly makes itself felt. At the same time, you should not expect that you will be apologized if you indicate a mistake. As in any state structure, people often work here according to the “soviet” method. At best, they will rudely let you know that you are not welcome here. But, like any official, you can file a complaint against the bailiff - you look, change his mind and start working.