Text of the Complaint to the Moscow Prosecutor's Office via the Internet reception
(Adjust it to your situation and send, the response from the prosecutor’s office will be 100%, Don’t be afraid! The Moscow prosecutor is waiting for your application!)
COMPLAINT
for violation Federal Law dated 05/02/2006 No. 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation”
and Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings”
09/07/2016 by me to the Head of the Department Federal service bailiffs in Moscow - the chief bailiff of Moscow at the address: st. Butyrsky Val, 5, South-Western AO, Moscow, 125047. was sent ordered letter with an inventory.
In which there was an Application for Acceptance executive document and the initiation of enforcement proceedings on it and the writ of execution (sheet) series XX No. ХХХХХХХХ dated 06/02/2016, issued by the Privolzhsky District Court of XXXXXXX.
Subject of execution: Insurance compensation XXXXXXX (XXXXXXXX thousand eight hundred thirty-eight) rubles 69 kopecks.
In relation to the debtor: Russian Union Auto insurers,
date of registration: October 14, 2002,
address: Moscow, st. Lyusinovskaya, 27, building 3,
INN: 7705469845, checkpoint: 770501001, OGRN: 1027705018494
On September 15, 2016, according to the postal notification, Art. specialist 1st category UFSSP (full name).
In addition, on October 1, 2016, I sent an electronic appeal No. 221263500ХХХ through the Internet reception, in order to clarify the progress of the adoption of the executive document and the initiation of enforcement proceedings on it.
On 10/04/2016 my email request was registered.
Having not received a response to the appeals, November 10, 2016. I sent an electronic appeal through the Internet reception No. 221373439ХХХ dated 2016-11-10 with a Complaint about inaction on the adoption of an executive document and the initiation of enforcement proceedings on it.
On November 11, 2016, the appeal was registered.
It's already been over three months, but no response has yet been received to any appeal.
No action was taken by the Office of the Federal Bailiff Service for Moscow on the writ of execution against the defendant, the Russian Union of Insurers (RUA). Enforcement proceedings have not yet been opened. There are no written answers. It's impossible to get through by phone! Two repeated requests via the Internet reception remained unanswered.
The FSSP in Moscow does not include writs of execution in its database, and they lie in piles without movement.
According to trustworthy data, the leadership of the FSSP in Moscow is INTENTIONALLY STRAKING OUT THE EXECUTION OF COURT DECISIONS regarding the RSA! All solutions! And there are hundreds of such solutions! What is the reason for this concern of the FSSP in Moscow about RSA? One can only guess how much it costs? What is this? Corruption? But it still smells bad!
The FSSP in Moscow systematically violates the Federal Law of May 2, 2006 No. 59-FZ “On the Procedure for Considering Appeals of Citizens of the Russian Federation” and the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings.”
I ask the Moscow prosecutor to submit a proposal to eliminate violations of the law and take prosecutorial measures against the Head of the Office of the Federal Bailiff Service for Moscow - the chief bailiff of Moscow for violations of the legislation of the Russian Federation.
Date of. Signature.
Appointed Director of the Federal Bailiff Service (FSSP) of the Russian Federation - Chief Bailiff of Russia on March 20 Dmitry Aristov. The corresponding decree was signed by the President of Russia Vladimir Putin. In this post he replaced Artur Parfenchikov, who in mid-February was appointed acting head of Karelia.
New chief bailiff
On March 20, Russian President Vladimir Putin appointed Dmitry Aristov as director of the Federal Bailiff Service of Russia. The corresponding decree is posted on the Kremlin website.
Dmitry Aristov was born on January 12, 1972 in Solikamsk, Perm region. He graduated from the Kiev Suvorov Military School of the Ministry of Defense of the Russian Federation in 1989, the Yaroslavl Higher Military Financial School named after Army General A.V. Khruleva, Military Financial and Economic University of the Ministry of Defense of the Russian Federation, Moscow State Institute international relations Russian Foreign Ministry.
Military service and career
From August 1989 to February 2008 he served in the Russian Armed Forces. From February 2008 to February 2009 he worked as the head of the department of the Main Directorate of the Prosecutor General's Office of the Russian Federation.
From February 2009 to June 2010 he worked as Deputy Director of the Department for Registration of Departmental Normative Legal Acts, from June 2010 to August 2012 - Director of the Department of Legal Regulation, Analysis and Control in the Field of Execution of Criminal Sentences and Judicial Acts of the Ministry of Justice of the Russian Federation.
By Decree of the President of the Russian Federation dated August 31, 2012 No. 1234, he was appointed to the position of Deputy Minister of Justice of the Russian Federation. Aristov is an active state adviser of the Russian Federation, 1st class, a reserve colonel. Awarded a certificate of honor from the President of the Russian Federation.
“The appointment is quite technocratic”
Director of the Center for Political Science Research, Financial University under the Government of the Russian Federation Pavel Salin considers the appointment of Dmitry Aristov “quite technocratic.” According to him, now the FSSP does not have such serious and systemic problems as in Roscosmos.
“Aristov has extensive experience in the civil service, but I do not expect fundamental changes in the work of the department. Parfenchikov also managed to raise the activities of the bailiff service to a new level. Previously, enforcement proceedings there were seriously lame. Today, of course, there are still claims from those who receive writs of execution in the courts, but they are more of a private nature,” he emphasized.
President of the Center for Strategic Communications Dmitry Abzalov recalls that in the past Aristov was Deputy Minister of Justice of the Russian Federation, which now suggests the comparison of the bailiff service with the Ministry of Justice.
According to him, the FSSP is now experiencing a number of difficulties and is forming a “very negative” image of the government.
“In this regard, the main political task of the department on the eve of the 2018 presidential elections is to soften its position. It is necessary to make the service more open and more controllable, because based on its actions, people will form their ideas about power. Another task for Dmitry Aristov is to increase economic efficiency, because the device was seriously inflated,” the expert concluded.
Artur Parfenchikov left to fight corruption in Karelia
On February 15, by decree of the President of the Russian Federation, the previous chief bailiff of Russia, Artur Parfenchikov, was appointed acting head of Karelia. Parfenchikov to fight corruption there.
Appointed to the position by decree of the President of the Russian Federation. Currently, this position is held by Dmitry Vasilievich Aristov. Current information about it or its successor is always available on the official website.
Who is the Chief Bailiff?
This person is appointed chief in the territorial division of the FSSP or in the central department, as in the case of Aristov D.V.
The powers of the chief bailiff of the Russian Federation are defined in the Federal Law “On Bailiffs” dated July 21, 1997 ( latest edition dated December 29, 2017). Law number No. 118-FZ.
According to this law, the director of the FSSP of Russia manages the entire service in the field of execution of acts of the courts of Russia and other bodies, as well as officials. He is entrusted with the function of monitoring the work, the task of which is to ensure the activities of the courts in the prescribed manner.
Other tasks facing the chief bailiff:
Supervision of ensuring the safety of enforcement activities, that is, the work of bailiffs;
Organization of security of premises in which judicial authorities and bailiff services are located;
Organization of control over the execution of court decisions;
Monitoring the activities of bailiffs, organizing the activities they carry out to search for debtors (on the basis of executive acts submitted by the court to the FSS);
Control over the forced execution of judicial acts in the event that voluntary execution is rejected;
Issuance of orders and regulations relating to the organization of the functioning of the FSSP;
Ensuring coordination of the activities of bodies and organizations involved in the implementation of the requirements of judicial and other acts at the interdepartmental level. For this purpose, it can create bodies that perform advisory and advisory functions, request statistical data and other necessary information from bodies and organizations.
Organization of control in the area of activity subordinate to him.
The chief bailiff also has the right to interact with local authorities on issues of serving compulsory work persons who have been given administrative punishment in the form of this measure.
But, what is especially valuable for citizens faced with the FSSP, the director of this service has the right to cancel a decision made by another bailiff, or change it if it does not comply with the requirements of the legislation of the Russian Federation.
Any citizen has the right to file a complaint or write a statement addressed to the chief bailiff.
Where is
The territorial location of the FSSP is in Moscow, if we are talking about its central office. Each subject of the Russian Federation has territorial divisions that work with local executive acts.
In the capital, service buildings are located at two addresses:
On Kuznetsky Most Street, 16/5, building 1, there are 9 departments and 2 departments, including the Department for the Protection of State Secrets, the Department for the Organization of Enforcement Proceedings, the Department for Anti-Corruption, the Legal Department, etc.
In Gazetny Lane, 7, building 1, there are 4 more departments - for organizing inquiries, executing particularly important enforcement proceedings, and ensuring the established procedure for the activities of courts. The Office for Control over the Activities of Legal Entities Carrying Out the Function of Repaying Overdue Debts is also located here.
Can citizens come to the headquarters? Yes, they can make an appointment with local officials. For Moscow residents, this means that they can come to the main office of bailiffs throughout Russia. All you need to do is make an appointment by phone or online 30 days before your visit. You will need to come to the address where the department you are interested in is located.
How to write a complaint to the chief bailiff and when to write them
Getting an appointment with the chief bailiff is an almost impossible task due to the latter’s increased employment and the presence of a large number of deputies, who as a last resort has the responsibility to communicate with citizens. If the case is not an emergency, then all issues are resolved by ordinary employees. If a citizen has complaints about their activities, then he has the right to complain to higher authorities (head of the department). If this does not help, you can send a letter about the inaction of the bailiffs or about their improper performance of their official obligations.
And even the chief bailiff himself has someone to complain to - if you are dissatisfied with his actions or inaction, go to the prosecutor’s office with a statement.
A sample complaint is posted on the FSSP website; it can be printed and sent by mail or submitted in person to the department.
You can also print the form from our website.
(downloads: 205)
You can also fill out a complaint at electronic form on the bailiffs website or through the State Services portal.
What is stated in this document:
The name of the body to which the complaint is sent,
Personal data of the citizen who sends it, or the organization,
Place of residence of a citizen or location of an organization,
Position, full name of the official against whom there are claims,
The grounds for this complaint are:
Requirements made by the citizen or organization submitting the document.
You can complain about specific actions or inaction of an official. You can attach copies of documents to the letter that serve as confirmation of the validity of the complaint.
A sample written complaint can be easily found on the Internet. But the form of the document is not at all complicated; filling it out yourself will not be difficult.
It is registered by the authority that accepted it within a maximum of 3 days,
After registration, the document is reviewed within 30 days. If there are long holidays during this period (for example, New Year, they are added to this consideration period),
The result of the review is sent to the organization or citizen in writing to the address indicated in the header of the document.
If the appeal contains issues the resolution of which is not within the competence of the bailiffs (for example, a person complained against a judge), then the complaint is forwarded to the responsible body within seven days, of which the applicant is notified in writing.
When to file a complaint:
If registration deadlines are missed writs of execution, execution of a decision already made,
There is an unfounded refusal to initiate enforcement proceedings,
No measures have been taken to establish the property and source of income of the debtor,
There are illegal actions to seize property or seize accounts,
The value of the property was incorrectly calculated (the calculation does not correspond to current market prices).
Both the person in whose favor the bailiffs are working and the citizen or organization against whom enforcement proceedings have been initiated can file a complaint.
You can also complain about the boorish attitude of the bailiffs (it would be nice to have evidence, for example, a video or recording of a conversation).
How to call or write to the chief bailiff
You need to understand that in addition to the most important one, who sits in Moscow, this service also has many chief bailiffs of a “local” scale. Thus, a citizen or organization has the right to complain to the chief bailiff about the inaction of the bailiff, but speech in in this case will be about writing a claim addressed to the immediate supervisor of this bailiff or his deputy.
We have provided a sample application addressed to the manager above.
You can make an appointment with the chief bailiff of the territorial division of the FSSP by calling the reception numbers structural divisions or by calling the unified free reference number 8 800 250 39 32.
You cannot jump over your head when filing complaints - you need to look at the chain of command.
HGIOL
Federal Law of October 2, 2007 N 229-FZ “On Enforcement Proceedings”
Regulations on the Federal Bailiff Service
Federal Bailiff Service (FSSP of Russia) - a federal body that carries out functions to ensure the established procedure for activities, execution of acts of other bodies and officials, as well as law enforcement functions and functions of control and supervision in the established field of activity. The FSSP of Russia is subordinate to.
Main tasks of the service
The main tasks of the FSSP of Russia are:
- ensuring the established order of activities, and;
- organization and implementation enforcement judicial acts of courts of general jurisdiction and arbitration courts, as well as acts of other bodies, provided for by law RF on enforcement proceedings;
- management of territorial bodies of the FSSP of Russia;
- conducting state register legal entities carrying out activities to repay overdue debts as the main activity (),
- implementation of federal state control(supervision) over the activities of collectors.
Activity
- The FSSP of Russia in its activities is guided by federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation, international treaties of the Russian Federation, acts of the Ministry of Justice of Russia, as well as "".
- The FSSP of Russia carries out its activities directly and (or) through territorial bodies.
- The FSSP of Russia carries out its activities in cooperation with other federal authorities executive power, executive power bodies of the constituent entities of the Russian Federation, local government bodies, public associations and organizations.
Special ranks in the Federal Bailiff Service
Special ranks established for positions in enforcement agencies are awarded in accordance with Art. 8 of the Federal Law of October 1, 2019 No. 328-FZ “On service in the compulsory enforcement bodies of the Russian Federation and amendments to certain legislative acts Russian Federation".
Before FSSP employees Russia wore insignia (epaulets), but had class ranks.
| Description | Shoulder straps of junior commanding officers | ||||||
|---|---|---|---|---|---|---|---|
| Drawing shoulder strap |
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| Specialist. rank |
internal services |
internal services |
internal services |
internal services |
internal services |
internal services |
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| Description | Shoulder straps for middle, senior and senior management | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| Drawing shoulder strap |
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| Specialist. rank |
internal services |
internal services |
internal services |
internal services |
internal services |
internal services |
internal services |
internal services |
internal services |
internal services |
General internal service of the Russian Federation |
Management
After the date of appointment or dismissal there is the number of the corresponding Decree of the President of the Russian Federation.
Director of the Federal Bailiff Service of Russia - Chief Bailiff of the Russian Federation:
- (October 21, 2004, No. 1343 - December 8, 2008, No. 1749)
- (December 29, 2008, No. 1877 - February 15, 2017, No. 66)
- (since March 20, 2017, No. 118)
Structure
- Central office
- Department of Organization of Enforcement Proceedings
- Department for organizing work on the sale of debtors' property
- Department of organization of enforcement actions and established procedure for the activities of courts
- Department of Investigation Organization (since March 15, 2013). From March 15, 2013, the functions of administrative practice are transferred to the management of the organization of enforcement proceedings.
- Debtor Tracing Department
- Organizational and control management
- Office Management
- Legal Department
- Case management
- Control civil service and personnel
- Department of Anti-Corruption, Human Resources and Security Affairs
- Information Technology Department
- Department for handling appeals in enforcement proceedings
- Department for the Protection of State Secrets, Mobilization Preparation and Civil Defense
- Media Relations Department
- Territorial bodies of the FSSP of Russia in the constituent entities of the Russian Federation
The central office of the Service is located in Moscow on the street, in the former.
In May 2012, a project was submitted for consideration to create its own investigative unit within the structure of the FSSP of Russia.
Special forces units
In 2005-2006, specialized law enforcement units were created within the FSSP of Russia - district and inter-district departments for organizing operational duty(which includes a duty unit and one or more rapid response teams) . The personnel of the GBR undergo special training and are armed with automatic weapons.
Symbolism
The service has a flag and heraldic emblem approved by the Decree of the President of the Russian Federation.
Departmental awards
- Medal "For Loyalty to Duty"
- Medal "For Contribution to the Development of the Federal Bailiff Service"
- Medal "For Valor"
- Medal of Merit
- Medal "Veteran of the Federal Bailiff Service"
- Medal "For Service" 1st, 2nd and 3rd class
- Medal "10 years of the Federal Bailiff Service"
- Medal "For International Cooperation"
- Medal "150 years of the founding of the Institute of Bailiffs"
- Badge "Honorary Worker of the Federal Bailiff Service"
- Badge "Best Bailiff"
- Badge “The best bailiff for ensuring the established procedure for the activities of courts”
- Badge "Best Investigator"
- Insignia "For Impeccable Service"
- Certificate of Honor from the Federal Bailiff Service
- Gratitude from the Director of the Federal Bailiff Service