Bailiffs act within the framework of enforcement proceedings on decisions made by courts in order to ensure execution decision taken. The legislation of the Russian Federation provides bailiffs with broad powers to carry out their activities. They have the right to seize the debtor’s property, sell it at auction in case of failure to pay the debt on time, and also carry out investigative and investigative measures to identify existing property.

All activities of bailiffs are regulated by legal acts. If they violate certain deadlines, fail to act, or use unauthorized actions, the bailiff’s activities can be appealed. The main contradictions in practice occur for the following reasons:

• violation of the civil rights of people granted to them by law in the exercise of their powers;
• lack of motivation and lack of grounds for the decision made by the bailiff;
• non-compliance with the established standards of the bailiff's activities.

All these situations can serve as a basis for filing a complaint against a specific official, and also allow you to challenge the decision he made.

Challenging

The legislation of the Russian Federation provides for appealing not only the activities of bailiffs, but also the decisions they make.

The following circumstances may be reasons for challenging a decision:

1. Completion judicial proceedings without its full implementation. In this situation, there is usually only partial collection of the debt or a complete failure to fulfill its obligations.
2. If the bailiff's inaction in collecting the debt was recorded.
3. The case was transferred to another instance without the existence of significant circumstances for this. This is usually done to delay the execution of a court decision.
4. Violation of the deadlines established for enforcement proceedings. Usually decisions are challenged when the case drags on.
5. Incorrect behavior and actions of the bailiff during the inventory, seizure of property and sale of it at auction.
6. Carrying out the activities of a bailiff without appropriate notification of persons interested in this. This is a gross violation.
7. Issuance of a resolution to charge an enforcement fee from the debtor without the legal basis for this.

If these circumstances exist, a certain circle of people can challenge the decisions made by the bailiff.

Procedure for challenging

The legislation of the Russian Federation establishes who has the right to file an application to contest. These include:

1. A collector of funds in cases where the actions of the bailiff do not bring the desired result.
2. The debtor against whom the proceedings are directed. He can challenge if the performer’s activities violate his rights.
3. Prosecutor in case of detection of violations of current legislation.
4. Organizations and other third parties who are the recipients of the collected funds.

This list of persons can be expanded on the basis that all persons affected by this casework can appeal the activities of the executor and his decisions.

The appeal procedure is as follows:

1. Reading of the ruling. Its copies must be sent to interested parties.
2. Determination of claims that have justification and necessarily refer to specific points of law.
3. Deciding to which authority the complaint will be filed. There are several options here. This may be a senior official who is obliged to monitor the activities of the performer, or an arbitration court.
4. After identifying all the important points, the complaint itself is drawn up, taking into account all the requirements for it.
5. Submitting a document to a certain authority and receiving a response from a competent person regarding further actions in this case.

Depending on the chosen authority, the procedure will vary.

Appeal to the senior bailiff

If there is a need to challenge the actions of the performer, you should try to resolve this pre-trial. In this case, you need to file a complaint with the senior bailiff of the territorial unit where the executive responsible for this office work works.

The personal data of the senior bailiff can be found on the official website of the FSSP or checked in the department itself. The complaint must also be filed within 10 days before the decision comes into force.

When considering a complaint, the senior bailiff checks the following facts:

• whether the employee’s actions comply with the established regulations;
• whether the performer acted in the required manner or did not act;
• compliance with the standards of the document adopted by the contractor.

If the senior bailiff has not established that accepted document has grounds for its cancellation, then in this case you need to go to court. It is important to save the reasoned response received from the senior bailiff and attach this document to the general list of documents for the court.

Judicial appeal

Not only one specific person, but also a group of people who are affected by the decision can go to court. Subject of appeal to in this case there will be a document accepted by the bailiff, which the plaintiff or plaintiffs demand to cancel. When going to court, all demands are drawn up in the form statement of claim.

When choosing the court where the application is filed, it is important to know that initially it must be sent to the court whose decision is carried out by the bailiff. If this court does not appeal, you will need to go to the arbitration court.

You can challenge a document accepted by a bailiff within the first 10 days from the moment the citizen was officially familiarized with it. This date is considered the day of receipt of the letter by mail or other official delivery of a copy of the document. If the recipient refuses the letter, then the date of review will be the day when the postal employee makes a corresponding entry about the refusal.

An accepted claim must be considered within 5 days. The court decision can also be challenged in a higher court.

Drawing up a complaint

One of the important stages when challenging is drawing up a complaint or claim. If this document does not comply with the established standards, then consideration of the case will be refused. Therefore, it is important to fill it out correctly this document. When filing a complaint, the procedure will be as follows:

1. Indicate the personal information of the elder bailiff, his position, to whom this document is sent.
2. Legal address of the territorial division of the FSSP.
3. Personal and registration information of the applicant, as well as contact telephone number.
4. Number of enforcement proceedings and its start date.
5. Title of the document.
6. Next, you need to briefly and clearly state the essence of the complaint. Here the details of the bailiff who is the executor in the case, the amount of collection and other significant points are indicated. In addition, facts and circumstances that violate the law and the rights of citizens are listed.
7. There must be references to articles of laws.
8. Next, based on all of the above, you need to clarify what the applicant is asking for. This includes declaring the actions of the bailiff illegal and canceling the validity of the document he accepted.
9. Below is the date and signature.

The document must be submitted in 2 copies. One of them will be required to receive a mark on acceptance of the application by an authorized person. The date of receipt is stamped. From this moment on, the application must be reviewed within 5 days and a written response must be provided to the applicant.

A claim is drawn up in a similar way. Only the court data is indicated in the header, and the name of the document is formatted as a “statement of claim.” Before putting a date and signature, you need to indicate a list of papers attached to the application as documentary evidence and evidence.

Every citizen is given the opportunity to protect his interests. This can be done by filing a claim in court or appealing decisions, decisions, or behavior of officials. This possibility also extends to the period of application of coercive measures. Let us consider further how a complaint against the bailiff service is drawn up.

When does the need to challenge arise?

Samples of complaints against bailiffs indicate a wide variety of reasons why citizens want to file an application. One of the main ones is the failure of an official to comply with legal requirements. For example, a creditor can convince an unscrupulous bailiff to issue a ruling on a writ of execution with expired or begin compulsory proceedings without defining a period for the debtor to voluntarily fulfill his obligations. There are often cases when the defendant’s property is seized, the value of which is several times higher than the amount of debt imposed by the decision. You can also file a complaint against bailiffs if they deny you the opportunity to familiarize yourself with the materials of the proceedings.

Normative base

A complaint against a bailiff is drawn up in the manner prescribed in Chapter. 18 Federal Law No. 229. The rules are also formulated in Law No. 4866-1. According to its provisions, a complaint can also be filed against the actions of the bailiff and decisions official that violate the freedoms and interests of citizens.

What is the deadline for submitting an appeal?

Consideration of claims is carried out by an authorized authority in accordance with the rules provided for in Chapter. 25 Civil Procedure Code. A complaint against a bailiff's decision can be sent within 10 days from the date of its issuance. In practice, there are cases when the debtor is not notified in time about the start of proceedings. In this case, a complaint is filed against the bailiff’s inaction. It is sent within ten days, the calculation of which begins from the moment when the citizen became or should have become aware of the start of the proceedings. If the established period is missed, a citizen has the right to write a petition for its restoration. The application must state valid reasons and provide evidence. If the court considers the grounds for missing the deadline to be insufficient, the petition will not be granted.

Reporting order

Appeals against the actions of the bailiff and the acts adopted by him are carried out in the city (district) court. The application is sent to the authority where the official performs his duties. During the consideration of the claim, the official will be required to prove that his behavior complies with the law. A complaint to the senior bailiff is sent to acts adopted by a person subordinate to him, except for those approved by him. A complaint to a superior person is also addressed in the event of challenging the behavior of a representative of the FSSP. A complaint against a bailiff, his behavior and approved acts is sent to the head of a unit of a constituent entity of the Russian Federation. This rule also applies to statements challenging the behavior of department heads and their deputies. A complaint against a bailiff (his behavior and acts adopted by him) can be sent either directly to higher officials of the SSP, or through the employee against whom the claims are made.

Procedure for consideration

A complaint against a bailiff is sent to the management of the employees whose acts and behavior are disputed within three days from the date of its receipt. If the official who received the application does not have the authority to consider it, he is obliged to transfer the application to an authorized specialist by sending a written notification to the applicant. The latter may withdraw the claim before a decision is made on it.

Compilation requirements

A complaint against a bailiff (his behavior or acts adopted by him) must be made in writing. The application must be certified by the signature of the applicant or his representative. In the latter case, the claim must be accompanied by a document confirming the authority of the person.

The content of the appeal must indicate:

1. Full name, position of the bailiff whose behavior, refusal or adopted act is disputed.
2. FULL NAME. citizen or name of organization, place of stay (residence, location) of the applicant.
3. The grounds on which a claim is made regarding the behavior, act adopted, or refusal of an official.
4. Directly the applicant's requirements.

Important point

When sending a claim, the applicant may not attach documents confirming the circumstances cited in it. If the presence of this evidence will be important when considering the complaint, the official authorized to consider it may request it. In such a case, the period during which the claim is being processed will be suspended until the necessary documents, but no more than ten days.

Terms of consideration

A complaint filed in the order of subordination must be verified within 10 days from the date of receipt. Review is carried out only by an authorized person. If a complaint about the behavior of the bailiff or the act adopted by him is accepted by the court, the verification of the claim filed in the order of subordination is suspended.

Cases of challenge

The decisions of the bailiff, his behavior to ensure the implementation of the obligations established in the decision of the authorized body can be appealed to a general jurisdiction body or arbitration. The authority must be located in the territory where the specified official carries out his work. A claim may be submitted during execution:

1. Requirements contained in documents adopted regarding citizens or organizations engaged in business without forming a legal entity.
2. A writ of execution, which is issued in an arbitration court.
3. The bailiff's decision made on the basis of Part 6 of Art. 30 of the above Federal Law, if the debtor is a citizen or an organization engaged in business without forming a legal entity, and the proceedings have been started in connection with its commercial activities.
4. Other cases provided for in the APC.

In situations not listed in Part 2 of this article, the claim is sent to an authority of general jurisdiction. Authorized body carries out consideration of the received application within 10 days in the manner established in the procedural legislation of the Russian Federation and taking into account the features provided for in the Federal Law.

Nuances of filling out a claim

In the part where the details of the parties should be, the name of the body to which the complaint is addressed should be accurately indicated. In a statement in mandatory the position and full name are given. persons whose behavior or adopted act is disputed. This information appears after the word "complaint". The content of the claim should present the events in the order in which they occurred. If, for example, the citizen was not notified that enforcement proceedings had been initiated, it is necessary to cite the circumstances that occurred at that time. If he was absent and therefore did not receive notice, he should indicate the reason and location, and attach documents confirming that the reasons were valid. If a citizen turned to the bailiff with a request to familiarize himself with the materials of the proceedings, but was refused, the words and actions of the official must be clearly stated. Directly during the application, you can ask to write an explanation of your behavior. If the bailiff refuses to do this, then this should also be indicated in the complaint. As stated above, it is not necessary to attach documents proving the illegality of the official’s behavior. However, experts recommend still filing a complaint with them.

This will prevent the claim process from being delayed. When describing the circumstances, it would be nice to provide references to legislative acts. A qualified lawyer can help with this. Your requirements must be stated clearly, so that they cannot be interpreted in two ways. At the end of the application you need to list the documents attached to it. At the very end, be sure to sign and put a number. If the claim is made correctly, it will be considered. If the registration procedure is not followed, the complaint will be returned.

Alternative option

There is another way to fight unscrupulous officials, besides filing a complaint about their behavior or adopted acts. It consists of giving publicity to the ongoing arbitrariness in regional and city media. As practice shows, officials are not at all happy with the prospect of being negative characters in television stories or newspaper or magazine articles. Such radical actions by debtors, as a rule, entail verification of the competence of all activities of the employee, and in some cases, the entire department. As a result, the matter is placed under the control of senior managers.
Identified violations of legislative norms entail administrative and disciplinary liability, the imposition of penalties, recording of cases in personal files, removal from service and many other unpleasant consequences. The public outcry does not allow the case to be left without consideration or to be “unsubscribed” from the claim. Giving publicity to such cases has a negative impact on the reputation of the FSSP. In some cases, going to the media can be even more effective than appealing against decisions or behavior of bailiffs in the prescribed manner.

Finally

What method will be used to protect rights is up to everyone to choose for themselves. However, in any case, it must be remembered that actions must not contradict the law. For those who choose to appeal in accordance with the procedure established by the Federal Law, they should carefully study the requirements of the norms and observe the period during which a claim can be submitted. If necessary, you can seek advice from a qualified lawyer.

Last updated February 2019

It is possible and necessary to file a complaint about the inaction of the bailiff. Inaction is the failure of the bailiff to fulfill his job responsibilities. The most common cases when citizens make complaints about his work:

• failure to carry out enforcement actions to collect debt for a long time;
• committing actions that violate rights and interests;
• the period for collecting the debt (or other obligations) by the bailiff has expired;
• unreasonable refusal to familiarize yourself with the materials of enforcement proceedings;
• carrying out forced collection without providing the opportunity to voluntarily repay the debt.

To defend your interests and restore violated rights, you need to complain about the work of bailiffs, namely to various departmental bodies or the court.

Where to write a complaint

There are several options for influencing a performer who does not want to work:

• complaint against the bailiff to the senior bailiff;
• appeal to the prosecutor's office;
• complaint to court;

Let's consider all the options listed where you can complain in more detail.

To the senior bailiff

If you contact the senior bailiff of the district department of the SSP (subject to the procedure and conditions specified above), then the period for consideration of the merits of the application is 10 days.

The powers of the performer, although not unlimited, are quite large. For example, for a working debtor, on the basis of a writ of execution (sent by the executor), the accounting department is obliged to withhold from his monthly salary and transfer to you 25-50% of his income (depending on the number of children).

Also, it will be effective to send the application directly to the regional office of the SSP. Despite the fact that the claim will be redirected down to the area, it will already be automatically taken under control.

Based on the results of consideration of the appeal, the applicant will receive a written response, which must indicate all the actions that the contractor performed to collect the debt.

Complaint to the prosecutor's office

A complaint to the prosecutor's office is very correct. The law provides for a 30-day period for its consideration. An analysis of the practice of considering complaints of this type by the prosecutor’s office shows that their satisfaction is up to 90% depending on the region. This indicator also indicates the ineffectiveness of filing a complaint against an ordinary police officer with a senior police officer; The fish rots from the head.

Complaint to court

Filing a claim in court is also an excellent way to assert your rights. In this case, the applicant applies to the district court with a complaint to declare the bailiff's inaction illegal. This wording cannot be changed; this is how the complaint should be called.

The law provides for a short period of consideration of such appeals - no more than 10 days.

When going to court, it would be a good idea to seek professional help from a lawyer or lawyer. The money spent on remuneration will be collected from the SSP department, and ultimately from the salary of the negligent official, whose inaction you appealed. Thus, the executor will be well motivated when going to court or the prosecutor's office.

It should also be remembered that Complaints to the court are not subject to a fee.
Based on this, decide where to file a complaint.

A complex approach

The law does not prohibit combining appeals to the chief bailiff and the prosecutor. This approach is most correct, the more attention from the outside various organs will be involved in your problem, the better. The chances of resolving the debt issue increase.

At the same time, the content of such appeals will be exactly the same. Only the addressee will change. Therefore, since the law does not prohibit this, it means that it makes sense to use an integrated approach.

Deadline for filing a complaint

The current legislation provides for a 10-day period for appealing the inaction (actions) of the performer. The period begins on the day when you became aware or should have become aware of the violation of rights.

For example, an application for familiarization with the materials of the enforcement case was refused. The next day the period for appeal begins. If such a refusal is sent by mail, then the start date of the period is considered to be the day the applicant receives the illegal response. This period can be restored if it is missed for a valid reason.

Valid reasons include:

• being on a business trip;
• disease;
• not receiving the corresponding letter.

At the same time, legal illiteracy does not serve as a basis for reinstating the missed deadline, since everyone has the right to contact a lawyer or lawyer.

What should it contain?

The claim must meet certain requirements. Otherwise, the appeal may be left without consideration for formal reasons:

• Firstly, the complaint must not contain offensive language. The presence of obscene language in it (and it happens) is grounds for refusal to consider. Therefore, it is necessary to control yourself, no matter what feelings you experience.
• Secondly, the complaint must be as specific as possible. The applicant must clearly indicate what the violation of his rights is; what was the inaction of the bailiff (what actions did he not perform); your demand.

Complaints about inaction must consist of several parts. An example of a complaint, or rather its structure:

• Description of the situation that occurred;
• An indication of what exactly the performer did not do;
• Listing - exactly what rights and legitimate interests of the applicant are violated;
• A requirement to perform certain specific actions.

It is also advisable to indicate your number in the application. contact phone number. It may well happen that they will want to meet with you, and this is another reason to convey their demands. It may be a small victory, but it is a victory.

The complaint form does not provide any specific wording or mandatory references to the law. The main thing is specificity and clarity of appeal.

There are some features of the content of the appeal submitted to the senior bailiff, prosecutor or court.

• Complaint to the head of the department must contain a requirement that the bailiff perform specific actions.
• Complaint to the prosecutor must contain an expression of disagreement with the bailiff’s inaction and a demand to conduct an inspection, restore violated rights and punish the guilty officials.
• A complaint to the court must necessarily contain a demand that the performer’s inaction be declared illegal.

It is advisable to attach copies of the documents you have to your application; they are the ones who can prove the validity of your arguments and testify to the illegality of the bailiff’s inaction.

Sample complaint against the actions of the bailiff

No. 1 – senior police officer of the department

Senior bailiff
_______________city department

from Afanasyeva A.N., address

/date/ bailiff executor G.S. Chervyakov. Enforcement proceedings have been initiated against S.L. Afanasyev, who is evading payment of alimony for the maintenance of our common minor children /indicate children’s details/.

Afanasiev, based on the decision of the magistrate, is obliged to pay 1/3 of income from all types of earnings. For a long time /specify period/ Afanasiev has been avoiding paying alimony, the amount of debt is /specify amount/. Despite the fact that the debtor drives his own car and works /indicate place of work/, the bailiff does not take any actions aimed at collecting the debt.

During the execution of enforcement proceedings, only /indicate the amount/ was collected from the debtor. Meanwhile, no actions have been taken to arrest his car, inventory and confiscate his personal property. Collection on wages the debtor was also not imposed.

The inaction of the bailiff entails a violation of the rights of my minor children, since I cannot provide them with the necessary clothing and school supplies.

ASK:

Recognize the inaction of the bailiff G.S. Cheryakov. illegal, violating the rights of minors /specify data/.

• Oblige him to carry out enforcement actions as soon as possible to seize the debtor’s car, inventory and confiscate property belonging to the subject at the place of residence /indicate the address/.
• Take other measures aimed at completing enforcement proceedings as quickly as possible.

18.01.2019
Afanasyeva A.N.

No. 2 – to the prosecutor’s office

Prosecutor /…/ district
Title, full name

from Sinyakina M.F., address

COMPLAINT about the inaction of the bailiff

/date/ judge of the city district court Nizhny Novgorod a decision was made to recover from Vasilchenko R.O. to my advantage Money for causing moral damage. In order to execute the court decision, /date/ the bailiff Kuptsov P.D. enforcement proceedings were initiated against Vasilchenko R.O.

For a long time /specify period/ the bailiff does not take any action to collect the debt. However, I know for sure that Vasilchenko R.O. works at Olympus LLC and receives a monthly salary. Despite my appeals from /date/ bailiff this information didn't check performance list I didn’t send it to the organization’s accounting department. I believe that as a result of the inaction of the bailiff, my rights were violated.

ASK:

Request enforcement proceedings against Vasilchenko R.O., assess the inaction of the bailiff Kuptsov P.D.

• Force him to accept everything necessary measures to establish the fact of employment of the debtor, sending enforcement documents to the accounting department for debt collection.
• Take other prosecutorial response measures aimed at restoring my violated rights, as well as bring the bailiff P.D. Kuptsov to disciplinary liability.

Please notify me in writing about the measures taken and the results of consideration of the complaint. statutory month period.

Attachment: copies of the appeal to the SSP department and responses to them on /…/ sheets.

21.01.2019
Sinyakina M.F.

How to file a complaint

There are different ways to file a complaint against a bailiff.

It is possible to complain about the bailiff via the Internet

This option is the simplest and most affordable. But, at the same time, there is no guarantee of getting an answer. Unfortunately, the bailiff service is one of the most “careless” government agencies. The applicant, of course, will be able to prove the fact of the appeal, and perhaps even the guilty official will be punished disciplinary action. But this will not solve the problem, but will only lead to a delay in resolving the issue.

Written appeal

The most effective way is a written request. Here, too, there are several rules, by following which you guarantee a real consideration of the complaint and resolution of the issue.

• If a complaint is made to the boss bailiff directly by the applicant, a second copy of the appeal should be prepared. Get it stamped by the district department of the SSP service with a note of acceptance and the date of receipt of such an appeal;
• If the complaint is sent by mail, then you need to send it by registered mail with notice. When officials receive it, you will receive an email notification about this. This will serve as a guarantee that your appeal will not be ignored, but will actually be considered. So, if the applicant is in another region or, for health reasons, cannot come to the bailiff’s department himself, it’s okay - feel free to send a claim by mail.

Important point. When you attach any documents with your appeal (and this is the correct approach) and send it all by letter, then make an “inventory-attachment”. At the post office, the essence of this option from the Russian Post will be explained to you in more detail: you will have in your hands a document confirming the attachment, listing specific documents. This way, the attachment to your complaint will not get lost.

Consideration of the complaint

When filing a complaint with the senior bailiff, the following occurs:

During this time, the head of the department is obliged to study the materials of the enforcement proceedings, conduct an internal audit and force the negligent official to take measures to collect the debt. This can be expressed in the following actions:

• seizure of the debtor's property;
• taking effective measures to search for such property:
  • cars - request to the traffic police
  • real estate - request to Rosreestr
  • bank savings – to banks
  • the debtor has a job - in the Federal Tax Service (tax), social funds and pension insurance about employer contributions to him;
• exit to the debtor’s place of residence, description of his property and sale of it at auction.

Based on the results of consideration of the complaint, a written response must be sent to the applicant.

Prosecutor's office

During the 30-day review period, the prosecutor will request enforcement proceedings, study it and, upon confirmation of the fact of the inaction of the executor, and therefore a violation of your rights, take action. The powers of the prosecutor's office are very broad:

• making a submission;
• reversal of illegal decisions;
• submitting a requirement;
• warning announcement.

In any case, regardless of the specific measure, the prosecutor has the right to demand the elimination of violations of your rights. The bailiffs have no right to refuse him; the prosecutor’s demands are mandatory. In this case, he will be forced to take action, intensify his work, and report the results to the prosecutor.

The duration of all actions cannot exceed 30 days, since during this time the prosecutor is obliged to give the applicant a response. So within a month, work on enforcement proceedings will not only be resumed, but specific actions will also be taken.

In addition, based on the request of the prosecutor, the bailiff who violated the law will be subject to disciplinary action. He will be reprimanded or severely reprimanded, which will serve as science for the future.

Court

The order in this case is as follows:

• the court accepts the complaint (there is no specific form, so follow the tips above);
• requests a document;
• during the court hearing, listens to the opinions of the parties (by the way, the participation of the prosecutor is mandatory during the hearing);
• and makes a decision.

Disadvantages of going to court

Unlike the prosecutor, the court cannot:

• give specific instructions - perform certain actions
• set a deadline for this
• and, if necessary, punish the bailiff.

The court makes a decision recognizing the bailiff’s inaction as illegal and imposing on him the obligation to eliminate the violations committed. Such requirements are usually not specific.

Advantages of going to court

But the court decision is especially good in that you get the right to compensation for moral damage caused by the unlawful inaction of an official of the SSP. And you are collecting money for moral damages from regional administration SSP, which, in turn, collects them later (recourse procedure) from the bailiff who allowed them. That is, he understands that he will actually answer to you with his wallet, and this is very noticeable. Because of this prospect, the performer begins to work, perhaps not out of conscience, but certainly out of fear.

If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article; if there is a detailed answer to such a question, then your question will not be published.

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A complaint against the action of a bailiff, a sample of which we will provide below, is a tool for asserting one’s rights on behalf of law enforcement agencies. Employees often violate the law. The reasons, of course, may be different. Violation can be from an action FSSP employee, and from inaction. The latter is relevant when collecting alimony, debts on credits, loans, etc. This will be discussed in this article. A complaint about the action of the bailiff (sample) will also be submitted.

What is subject to appeal

What actions are illegal? According to the law, an appeal against the action of a bailiff is lawful if:

Where to contact

Now the question is where exactly should you go to defend your rights and legitimate interests. An appeal against the action of a bailiff can occur both through the court and by applying to higher authorities. The latter are understood as both their own, in the FSSP system, and third-party ones, designed to protect law and order, for example, the prosecutor's office. It must be remembered that a complaint against the actions of a bailiff to higher authorities does not deprive citizens of the right to additionally appeal to the court.

Deadlines

Now about the timing. A complaint against the action of a bailiff is filed within 10 days from the date of:

• Illegal actions of an employee.
• Establishing the fact of inaction.
• Refusal to challenge. It must necessarily occur when an employee is personally interested in the process, for example, in the proceedings against relatives.

What does the complaint contain?

A sample complaint against the actions of a bailiff contains:

• Applicant details.
• Information about the government agency to which it is submitted.
• Information about the person whose actions violated the law: full name, position, etc.
• Details of the resolution of the bailiff in respect of whom the complaint is being written.
• Requirements.

What evidence and documents need to be attached?

Let us say right away that an appeal, for example, to the prosecutor’s office against the actions of a law enforcement officer, can be submitted without evidence. It is a mistake to believe that they are not considered. Of course, if there is at least some evidence confirming the unlawful actions of the bailiffs, then they can be attached to the application. However, if they are not available, then the official is obliged to request all the information without them.

Sample complaint, or How to get the bailiff to work

In Russia, the problem of debt is most acute. Almost every third resident has loans, alimony loans, mortgages, etc. During a crisis, their percentage only grows, including overdue payments. Bailiff departments are simply overwhelmed with enforcement proceedings for unpaid debts. There are two problems in the work of bailiffs that affect the return of money to creditors:

• Workload.
• Laziness.

Unfortunately, both of these are not uncommon these days. As for laziness, we will leave that to the conscience of specific people from law enforcement agencies. As for the workload, the employees here can be understood: there is a lot to do, they don’t have time, etc. However, from the point of view of legislation, the workload of law enforcement agencies is not an objective reason by which the inaction of the bailiff can be justified. We will look at a sample complaint below. Let's move on to the options for its presentation.

Method one: senior managers

So, before you look for a sample application for inaction by the court. bailiffs, it is necessary to understand where it will be sent. You can send it to senior managers. However, from the experience of many citizens, we will say that the method is ineffective. As a rule, in response to it you can see a formal unsubscribe.

Despite this, lawyers still recommend filing with higher management. This will provide additional grounds for filing a claim, will allow you to adjust the requirements, and find out the arguments in advance. This will allow you to prepare for the arguments of law enforcement agencies before the trial.

How to recognize a superior bailiff

Many citizens turn to lawyers with the question: how to recognize a superior manager. This can be done in two ways:

1. By " hotline» services.
2. Find out from your local bailiffs office by phone or by making an official request. If you can’t get through to the official number, then you are required to respond to the request in accordance with the Federal Law “On Written Appeals from Citizens.”

Letter before complaint

So, the citizen nevertheless decided to take active steps to protect his rights. To do this, we recommend that you first write a letter to the bailiff. You don’t have to look for a sample; you can write it in any form.

Sometimes at this stage some people begin to, as they say, move. If the employee knows that he has not taken all measures to collect the applicant’s debt, and sees that the latter is determined, he can begin to work more efficiently. Further proceedings may not be necessary. It also happens that an employee “forgot” about a specific case, such letters make him “remember” about the work.

Complaint to the chief bailiff (sample)

If contacting the employee responsible for your case does not bring results, then the solution is to write an official complaint to a superior manager. So, a complaint against the action of a bailiff (sample) will look like this:

Senior bailiff: (full name)

Address (territorial authority):

Address (applicant):

On the actions of the bailiff

“XX” XXXX XX, the bailiff (full name) made Decision No. XX, on the basis of which the following actions were taken: (indicate specific actions)

Such actions violate my rights and interests, as they contradict Art. (specify article) dated October 2, 2007 No. 229-FZ “On enforcement proceedings" Based on the above, I ask you to recognize such actions as illegal.

This is for the actions of the bailiff. Inaction will look the same. Only instead of “action” you need to write “inaction”. It is also necessary to indicate how it manifested itself, for example: “the bailiffs did not call the party for clarification, in accordance with the law.”

It is quite difficult to prove inaction, since it is not known what the employee did to collect the debt and what not. However, you can ask what measures were taken and analyze violations based on the response.

Frequent violations

Often bailiffs abuse the law for their own purposes. It's no secret that an executive fee is charged for their work. It falls on the shoulders of the debtor. It is not removed from the awarded amount. As elsewhere in the civil service, performance indicators are required from bailiffs. That's why sometimes they start breaking the law. The main abuses of bailiffs:

• Debiting amounts from bank accounts salary cards above the maximum. This is a common occurrence. A salary or advance payment arrives, and instead of an SMS about crediting, you receive a notification that the entire amount has been written off in favor of the creditor. Employees know that they are violating, but the percentage lawsuits extremely small, so they know about their impunity.
• Seizure of property that is not subject to seizure. Few people know, but the list of things that are subject to alienation through bailiffs is extremely small. The law does not prohibit the seizure of a television or video recorder, but things that are directly related to mandatory everyday life cannot be seized. Especially if there are minor children. These include, for example, a microwave, oven, refrigerator, etc. The list includes a computer (laptop) if it is required for the debtor’s work.
• Things of other owners. Of course, there is a right to the bailiff who took the things of a non-debtor. However, do not forget that it is the owner of the thing to prove ownership. In other words, if they come to you to seize a plasma TV, and it is, for example, your common-law spouse, then it is she who needs to prove the illegality of such an action. If it is not possible to immediately provide ownership documents (checks, loan agreements etc.), then you will need a complaint against the action of the bailiff, a sample of which we have already presented above.
• Prohibition on certain actions after debt repayment. In our country, unfortunately, information is transmitted extremely slowly. There are many cases when debtors have paid the debt in full, but at the airport they are not allowed to go abroad on vacation. While all the proceedings are taking place, booked hotel rooms, plane tickets, vouchers, etc. “burn out.”
• Inadequate notification of the debtor about the decision made. Know that if the write-off of funds in favor of the creditor was unexpected for you, and you constantly lived at the same address, then someone must have violated the law or instructions: the court, the bailiffs or the postal service.

Method two: going to court

A judicial complaint against the action of a bailiff (sample) looks approximately the same as the sample presented above. Only the “cap” will change; it will contain the name of the court.

Let’s say right away that claims must be written to the district court at the location of the bailiff’s department. For example, the applicant lives in district A, the court was at the defendant’s place of residence - district B, and the interdistrict service is located in district C. The person is registered in the court of district B and needs to write statements about the actions or inaction of employees.

Advantage of filing a lawsuit

Judicial recognition of the illegal actions of bailiffs has a number of advantages:

1. You can claim property and moral damages.
2. Prove the lost profit, and then claim it too. For example, the debtor is a professional trader. He trades on the Forex market. Its action is officially registered, taxes are paid. However, the bailiffs seized the computer from software in him. As a result, the citizen lost his profit.
3. The attitude of the bailiffs when working with the applicant will change. They will know that their actions (inaction) will definitely lead to proceedings.
4. Objectivity in review. The court is not interested in concealing the violation of the bailiffs. The name “judicial” should not be misleading. These are employees of the executive branch, not the court apparatus. Therefore, there is no point in arguing that “they have everything covered.”
5. An appeal to the court against the actions of the bailiffs is guaranteed to be considered within ten days. No one will deliberately delay the process, falsify stamps, etc.

Disadvantages of litigation

Litigation also has its disadvantages. The main one is that you will need professional help, for which you will first need to pay. However, you can, if you wish, do this yourself.

We believe that it is not necessary to graduate from law school to understand how to write a lawsuit against the illegal actions of bailiffs. This is usually a “low complexity” category of cases.

Conclusion

Russia has strict laws. However, this is offset by their non-fulfillment. Much the same can be said about performances. court decisions. Of course, torture and imprisonment for debt are harsh. Although some mothers whose children’s fathers have not paid child support for years want to offer this option.

In our country it is necessary to restore order in the work of bailiffs. In practice, there are already many cases where, during the entire period of proceedings, employees never took any action to execute court decisions. We hope that the situation will change soon.

from 31/12/2018

An administrative claim containing a complaint about the inaction of a bailiff is drawn up according to the rules established by the Code of Administrative Proceedings. There are no special rules on the procedure and rules for filing a complaint, but they are directly stated: when appealing against the actions or inactions of a bailiff, the filing rules apply.

Example of a complaint about the inaction of a bailiff

In the Gorno-Altai city Republic of Altai

649059, Altai Republic, Gorno-Altaisk, st. Kommunarov, 37

Administrative plaintiff: Shatz Alexander Valerievich,

Born March 25, 1978, native of the village. Shebalino of the Altai Republic,

address: 649058, Gorno-Altaisk, st. Furniture, 49,

tel. 7843586165, email. no email

Administrative respondent:

Bailiff

OSP for the city of Gorno-Altaisk Federal Bailiff Service of Russia for the Altai Republic

Pavlinov Konstantin Pavlovich

address: 649041, Gorno-Altaisk, Lenin Ave., 38

tel. (fax) 8 3822 489 68765, email. mail: [email protected]

Interested person: Vakhmistrova Valeria Leonidovna,

Born 13.03.1982, place of birth: Moscow,

address: 649059, Gorno-Altaisk, st. Sverdlova 13

Administrative claim challenging the inaction of a bailiff

On November 18, 2016, the Gorno-Altai City Court of the Altai Republic rendered a decision on the claim of Alexander Valerievich Shatz against Valeria Leonidovna Vakhmistrova in the case. According to this decision, the claims were partially satisfied, with V.L. Vakhmistrova. in favor of Shatz A.V. funds were collected in the amount of RUB 450,000. principal debt and 210,000 rubles. as .

The decision of the Gorno-Altaisk City Court of the Altai Republic came into force on December 20, 2016, the claimant's writ of execution, series FS No. 46876435463 dated December 21, 2016, was sent to the OSP of the city of Gorno-Altaisk on December 21, 2016, together with a petition for the debtor's imposition and taking out.

By the decision of the bailiff K.P. Pavlinov. On December 26, 2016, enforcement proceedings No. 3684/546/1438/46 were initiated. On March 15, 2017, as a result, I established that the order to restrict travel was not issued, and to date, the bailiff has not actually carried out enforcement actions in order to enforce the lawful court decision.

The decisions made by the bailiff were not sent to the claimant and the debtor, and the search for the debtor’s property was not carried out. There was no visit to the debtor’s place of residence for the purpose of examining the property situation. The debtor's explanations were not selected for the purpose of identifying the reasons for non-fulfillment of the court decision. There is no information that the debtor received a copy of the resolution to initiate enforcement proceedings, that he was warned about the consequences of failure to comply with the enforcement document.

By virtue of Article 2 Federal Law dated October 2, 2007 No. 229-FZ “On Enforcement Proceedings”, the tasks of enforcement proceedings are the correct and timely execution of judicial acts, acts of other bodies and officials, and in provided for by law Russian Federation cases of execution of other documents in order to protect the violated rights, freedoms and legitimate interests of citizens and organizations. One of the principles of enforcement proceedings is the timeliness of execution of enforcement actions and application of measures enforcement.

According to Art. 68 of the above law, enforcement measures are the actions specified in executive document, or actions performed by a bailiff in order to obtain property from the debtor, including funds subject to recovery under a writ of execution.

As a result of the inaction of the bailiff, the court decision is not executed, which violates the legally protected rights of the claimant, as well as the principle of binding court decisions.

Based on the above, guided by art. 124-126, 218-220, 360 CAS RF, Law “On Enforcement Proceedings”,

1. To recognize as unlawful the inaction of the bailiff of the OSP of the city of Gorno-Altaisk of the Federal Bailiff Service of Russia for the Altai Republic Pavlinova K.P. for failure to fulfill assigned duties within the framework of enforcement proceedings No. 3684/546/1438/46 dated December 26, 2016.
2. Oblige the bailiff of the OSP of the city of Gorno-Altaisk Federal Bailiff Service of Russia for the Altai Republic Pavlinov K.P. eliminate in in full violated rights by committing provided by law executive actions and enforcement measures, incl. issuing a resolution to restrict travel, seizing the debtor’s property, etc.

Application:

1. Receipt of payment
2. Copy of the administrative claim in 2 copies.
3. A copy of the resolution to initiate enforcement proceedings

03/20/2017 Shatz A.V.

Complaint about the inaction of a bailiff - features

An administrative claim complaining about the inaction of a bailiff is drawn up in writing, in legible handwriting. In the text of the claim, in addition to the general information required to challenge the actions of an official, the following must be indicated:

• known data about the writ of execution (type of document: , s , etc., its details, by whom and when issued);
• data on enforcement proceedings (number and date of initiation).

A mandatory requirement is to indicate which rights of the applicant have been violated. In the case of inaction of the bailiff (an official obliged to facilitate the execution of court decisions), rights are violated. What enforcement actions and within what time frame must be carried out - answers to these questions can be found in the special sections “execution of decisions” and “applications to bailiffs”, information about.

Please note that challenging inaction consists not only of declaring it illegal, but also of demanding that the bailiff be obliged to perform the necessary actions.

Filing and consideration of a complaint about the inaction of a bailiff

To file a complaint about the inaction of a bailiff, the CAS of the Russian Federation provides 10 days. They begin to flow from the moment when the administrative plaintiff learned about the fact of inaction. Usually this fact is established after reviewing the case materials.

An administrative claim is considered within 10 days from the date the claim was accepted by the court. After a decision has been made on a complaint about the bailiff’s inaction in favor of the administrative plaintiff and in the case where such inaction led to damages, it is possible to file a claim in civil proceedings.

Clarifying questions on the topic

Irina

• Legal Advisor