The bailiff service is a responsible and complex state activity. The work of these employees is very specific, which is associated with the tasks that are assigned to them. Consider what the goals are pursuing the enforcement proceedings of the bailiffs, the deadlines for the execution of documents received by them, their powers and responsibilities, as well as the main actions that they perform.
Service Tasks
First, let's try to understand why the state needs bailiffs. To do this, we turn to the legal norms. The legal status of the activities of this category of civil servants is fixed by the federal law “On Bailiffs”. The law “On Enforcement Proceedings” is also referred to the regulatory framework of this institute. In general, the main form of activity of bailiffs - enforcement proceedings - is called upon to correctly and timely implement the requirements contained in acts of the authorities (most often in the regulatory documents of the courts). The meaning of this activity is based on two goals. The first of these is the protection of any powers, freedoms, as well as the legal interests of citizens and organizations of the Russian Federation. The second goal is to ensure the implementation of obligations that arise from international treaties of the Russian Federation. In turn, the bailiffs are entrusted with the performance of such important tasks as guaranteeing the normal functioning of the courts of the Russian Federation, the implementation of the requirements of acts of courts, as well as other bodies, in a forced manner, as well as the implementation of certain legislative norms relating to criminal proceedings.
Terms of Business
Before you begin to study in detail the enforcement proceedings of the bailiffs, the terms of its execution, as well as other aspects of the activity of this service, we will consider what requirements are presented to applicants for this position. The mandatory conditions that a candidate for this vacancy must meet include:
- The presence of citizenship of the Russian Federation.
- Reaching age 21 years.
- Education - a minimum secondary specialized.
- Excellent health.
- The presence of the necessary business, as well as personal qualities.
- Lack of criminal record.
- Lack of addictions, whether addiction to alcohol or drugs.
Bailiffs are civil servants and fulfill their assigned duties in uniform.
Authority
Consider what means this category of civil servants can use to implement the tasks imputed to them. The rights of bailiffs are a set of certain actions that these persons can perform in order to implement acts of the courts, as well as other authorities. So, bailiffs can freely apply for any information they require to any entities, give instructions regarding certain executive actions. In addition, these civil servants can at any time carry out inspections of employers on the recovery of their debtors from the income of workers. Also, the Federal Law “On Bailiffs" provides performers with the right to unhindered access to premises occupied by non-payers, to inspect these places, to seize discovered property, as well as money, to seize and further sell the valuables taken from the debtor, and transfer them for storage. These civil servants also have the right to declare the search for defaulters, call the people he needs, check the identification documents of debtors and other individuals who take part in enforcement proceedings. This is not an exhaustive list of rights that the law has granted bailiffs.
Responsibilities
In the implementation of the functions assigned to them, performers must fulfill specific requirements and comply with certain rules. Consider the main ones. So, the first duty is related to the timely, correct, as well as complete fulfillment of their tasks. In addition, performers should provide an opportunity for interested parties to familiarize themselves with materials affecting their production. The bailiff is entrusted with the duty of self-recusation in the event of his personal interest in the outcome of any enforcement proceedings. Also, when identifying signs of any criminal action, he is obliged to draw up a corresponding message to his boss.
Grounds for execution
The bailiff acts only on the basis of documents received to him and correctly executed. These include the following acts:
- Executive sheets.
- Alimony agreements, necessarily certified by a notary.
- Judicial orders.
- Certificates issued by the CCC.
Order of the bailiffs
Each stage of enforcement proceedings should be documented. So, bailiffs are required to make the following decisions:
- On the initiation of office work.
- About the refusal to initiate it.
- About the suspension.
- About the deposition.
- About the termination of enforcement proceedings.
- About the return of exacting documents.
- About the arrest.
- On the commission by him of other measures to implement the requirements of executive acts.
The timing
To ensure the timely fulfillment of this category of civil servants by their duties, the legislator fixed the provision on the time given to them for the implementation of the tasks assigned to them. It is impossible not to mention him, considering the enforcement proceedings of the bailiffs. Deadlines, as a rule, are determined by the date or an indication of an event, or by a period. The bailiff is given 3 working days to initiate proceedings on the basis of a legal document or to refuse to implement the requirements of the act. When does the enforcement proceedings end? The deadlines set forth in the legislation are only 2 months from the date of “birth” of the case. If the time allotted to the bailiff for the implementation of the requirements of the act adopted by him for the production of the act is expressly spelled out in this document, then the general rule does not apply. As for the issues of reinstatement of an individual who was illegally dismissed, such an action must be performed no later than one working day. And actions to secure the claim must be completed even faster - immediately after receipt of the relevant documents.
Databank of enforcement proceedings of bailiffs
To establish control over the work of this category of civil servants, as well as for greater convenience, speed of obtaining the necessary information and its completeness, and ensuring their storage, a special information base was created. The data bank of enforcement proceedings of bailiffs exists in electronic form, and anyone can instantly find the materials of interest to them in it. In accordance with the legislation, such information as:
- Date of adoption of the executive act.
- Its type, number, as well as the name of the issuing authority.
- The day of the initiation of the relevant proceedings, its number.
- The name of the debtor.
- The essence of the requirements for it.
- Balance of debt.
- The data of the bailiff involved in the implementation of this document.
- Information about the return of the executive act to the recoverer.
Collection of property
Now consider the main activities that the bailiff is called upon to carry out. The property that the non-payer has is subject to arrest first, then seizure, and then sale. Each of these actions is documented in the relevant acts of the bailiff. We first consider the first stage of this process - the arrest. After the performer has committed this action, the debtor is forbidden to dispose of the seized property, and in some cases the right to use is limited. Further, valuable items are seized. Then, if the value of the property does not exceed 30,000 rubles, and there is no dispute about its price, then it is transferred for sale to the appropriate companies. Also, the debtor has the right to independently sell the things he has arrested. The proceeds are used to pay off the debts of the non-payer.
Payroll deductions
The recovery of bailiffs, made from the income of the debtor at the place of his work, is another way of fulfilling the requirements of acts of state bodies. If the non-payer is officially employed, the bailiff sends his exacting documents to the accounting department of this company and offers to make monthly deductions in order to pay off the existing debt. The amount of the withdrawn money supply should not exceed half of the individual's income. In addition to earnings, deductions can be made from pensions, as well as from the income of the debtor serving the sentence.
Compulsion to action
The requirements of executive documents do not always relate to property claims. In addition to questions about debt collection, the actions of bailiffs are aimed at solving the following problems:
- Eviction of debtors.
- Compulsion to release a certain non-residential premises, as well as a land plot.
- Exposure to the debtor so that it demolishes a particular structure.
- Reinstatement of individuals who have been illegally laid off.
- Fulfillment of the claimant's requirements for the introduction.
- Suspension of certain activities of debtors.
- Assistance in the selection of children, as well as their transfer, fulfillment of the requirement on the procedure for communication with children.
- Control over serving the required work.
- Fulfillment of other requirements of documents to be executed by bailiffs.
Moscow bailiffs
Each city has its own department of the federal bailiff service. There is such a thing in the capital of the Russian Federation. Moscow bailiffs work in 45 departments, which are created on the principle of territoriality, as well as depending on the field of activity of the performers. All information of interest to the Moscow bailiffs, about the place and time of their work can be found on the UFSSP website in Moscow.