The bailiffs check the debt by the name of Sverdlovsk. Bailiff Service: How to find out the debt by last name ?! Extreme measures of the FSSP, in case of a long delay in debt

The text of the Complaint to the Prosecutor's Office of Moscow via the Internet Reception
(Tune it to your situation and send it, the answer from the prosecutor's office will be 100%, Do not be afraid! The prosecutor of Moscow is waiting for your appeal!)

COMPLAINT
for violation federal law dated 02.05.2006 No. 59-FZ “On the procedure for considering citizens' applications Russian Federation»
and Federal Law No. 229-FZ of 02.10.2007 “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, Yugo-Zapadny AD, Moscow, 125047. was sent ordered letter with a description.
In which was the Declaration of Acceptance executive document and initiation of enforcement proceedings on it and an executive document (sheet) series XX No. XXXXXXXX dated 02.06.2016, issued by the Privolzhsky District Court of XXXXXX.
Subject of performance: Insurance compensationХХХХХХ (ХХХХХХХ thousand eight hundred and thirty eight) rubles 69 kopecks.
For the debtor: Russian Union auto insurers,
date of registration: October 14, 2002,
address: Moscow, st. Lyusinovskaya, 27, building 3,
TIN: 7705469845, KPP: 770501001, PSRN: 1027705018494
09/15/2016, according to the mail notification, Art. specialist of the 1st category of the UFSSP (full name).
In addition, on 10/01/2016, I sent an electronic appeal No. 221263500ХХХ through the Internet reception, in order to clarify the process of accepting the executive document and initiating enforcement proceedings on it.
On 10/04/2016, my electronic appeal was registered.
Having received no response to appeals, 11/10/2016. I sent an electronic appeal No. 221373439ХХХ dated 2016-11-10 through the Internet reception with a Complaint about inaction in accepting a writ of execution and initiating enforcement proceedings on it.
On November 11, 2016, the appeal was registered.
It's been over three months, but no response has yet been received.
No action has been taken by the Office of the Federal Bailiff Service for Moscow on the writ of execution against the respondent of the Russian Union of Insurers (RSA). Enforcement proceedings have not yet been opened. There are no written answers. Calling is not possible! Two repeated requests via the Internet reception remained unanswered.
The FSSP in Moscow does not add writ of execution to its database, and they lie in piles without movement.
According to credible data, the leadership of the FSSP in Moscow INTENTIONALLY HOLDS THE IMPLEMENTATION OF COURT DECISIONS regarding the PCA! All decisions! And there are hundreds of such solutions! What is the reason for such concern of the FSSP for the city of Moscow about the RSA? One can only guess how much it costs? What is this? Corruption? But it still smells bad!
The FSSP in Moscow systematically violates Federal Law No. 59-FZ of May 2, 2006 “On the Procedure for Considering Appeals from Citizens of the Russian Federation” and Federal Law No. 229-FZ of October 2, 2007 “On Enforcement Proceedings”.
I ask the prosecutor of Moscow 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.

According to statistics, the number of debtors in the Russian Federation exceeds 10 million. In accordance with Russian law, various measures may be introduced against debtors. Usually, consumers who are hiding from paying a debt, deprived of some property blocking bank accounts, etc. If the debt of the debt defaulter exceeds 10,000 thousand rubles, he can be put on the wanted list and a ban on traveling abroad can be imposed.

The range of debts from which the consumer can hide is quite large. With regard to some debtors, enforcement proceedings may begin due to refusal to compensate for damages as part of an accident, various fines, obligations for alimony, taxes, and other debt cases. It also happens that a citizen of the Russian Federation does not know that enforcement proceedings are being conducted against him because of some kind of debt.

This confusion can happen for a variety of reasons. For example, if a notification of a debt was not correctly delivered by the postal service. It also happens that a citizen of the Russian Federation does not have registration at the place of residence, which will also be the reason why the bailiff will not be able to deliver the necessary notification.

Sometimes you can find out about problems with paying a fine or alimony when you try to leave the Russian Federation. At the border control, you may be notified that there is a debt dispute for one of the reasons mentioned above. Even a banal check of your rights by a traffic police officer may reveal that you are wanted due to non-payment of debts.

Not knowing the situation will not help the debtor to avoid punishment, but on the contrary, it can aggravate the problem at the most inopportune moment.

For example, if you have already learned that you have a debt to the state and want to quickly resolve this issue in order to go abroad. In this case, it will take time for the bailiff to consider the payment of the debt and make a decision to lift all sanctions against you. This procedure will take a lot of time, as a result, your departure from the country may be delayed.

That is why, in order to find out the debt from the bailiffs and not get into an unpleasant situation, it was developed online system. Now, to inquire about the debt you need to spend a minimum of time.

To obtain information about the debt by name, it is enough to use the Internet. Just visit the official website of the Russian Federation (Federal Bailiff Service), where you can find comprehensive information on the availability of enforcement proceedings against individuals / legal entities. The interface of the created service is intuitively simple and accessible.

Find out the debt by last name online

The Federal Bailiff Service (official website) allows you to find out about debt via the Internet.
The site operates special section– search register for enforcement proceedings:

Here you can set in detail all the parameters of the search for the debtor, select the territorial authorities, region, wanted object and other data.

It is also possible to find out the debt not only by last name, but also by the number of enforcement proceedings:

To find the corresponding search form follow this link

If the search was successful and your data is in the list enforcement proceedings- Solve this issue as soon as possible. By phone or e-mail, ask the bailiffs about all the details of the enforcement proceedings initiated against you.

Online debt repayment

It won't take long to pay off your debt. This financial transaction can be carried out through a bank branch, payment terminal or on the web.

  • Oplatagosuslug - the service allows you to make payments by withdrawing money from a card account or from a phone account, allows you to pay only part of the debt, and not the full amount at once.
  • RoboKassa - Many payment methods and options, supports almost all types of electronic currencies. Maximum amount - 15000 rubles. Commission - 3%, you will have to pay the entire debt at once.
  • Qiwi - payment of debt without interest, as in the case of robocash, maximum amount 15000 rubles.
  • Yandex Money - since March 16, 2015 also allows you to pay off debts to the bailiff service.

The Office of the Federal Bailiff Service is a body for the execution of court decisions within one territorial unit, in our case, the Republic of Chuvashia.

The main functions of the administration of the federal bailiff service are regulated by the law on bailiffs. Simply put, it is control and record keeping in relation to individuals and legal entities. Order for bailiffs is above all. The main task is one - it is the enforcement of judicial decisions. The methods are different: tracking the process, organizing the execution of the decision, execution. Often this process is forced and requires management intervention. But this is necessary to strengthen the state protection of the population.

The main goal is the return of debts, taxes, insurance premiums, penalties and so on. By the way, you can contribute to the work of the services, as here you can also report corruption and crime.

Enforcement proceedings data bank

In accordance with the law, the UFSSP is obliged to maintain an electronic register, which is compiled in the so-called data bank on the website. When working with a bank, you need to select in the search menu, an individual or legal entity and its official place of registration or location. By decision of the chief bailiff, the case may be transferred to the bank of especially important enforcement proceedings.

Search for individuals

To search for an individual, you need the last name and first name, as well as the place where the person lives. You need to go to the fspprus.ru website, select services in the menu - the bank of enforcement proceedings. Click Search individuals. In the column "territorial authority" we write the Chuvash Republic and then the surname and name. Middle name and date of birth are optional.


Although if you know, it is better to specify, so the search will be reduced. After downloading the data, a table of the full name of the debtor, the number and date of the enforcement case, the article of punishment and the date the case ended, the amount to be repaid, the address of the bailiffs and the name and phone number of the bailiff who handled the case falls out.

Search by IP number

It is carried out in a similar way in the services tab, but to search by IP, you need to know the number of enforcement proceedings. After a successful search, in addition to data on the organization, dates and reasons for decisions and contacts, there is also an item on the details of the executive document.

Search for legal entities

The search for legal entities is carried out in the same place. To search for a legal entity, it is enough to know the name. The registration address is an optional field. The data is published for the last 3 years. Details of the amounts owed are not displayed. You can find out in your personal account.

How to pay a debt

In order to pay the debt, you must first make sure that you are on the list of debtors. You can do this directly on the official website of the UFSSP for the Chuvash Republic, do not forget to enter the correct region! There are several options to pay online:

  • You can pay directly on the site by clicking the "pay" button. Payment is made only from the official website and through the payment systems of banks;
  • public services;
  • Through the payment systems Yandex.Money, Qiwi Wallet, Robokassa;
  • Bank card.

When paying, it is imperative to pay attention to the presence of a commission, otherwise, partial repayment of the debt leads to further accrual of penalties and interest. You can also check the payment on the website after about a week. If the entry is deleted, then the debt is repaid. If changes were made, then only part of the debt was repaid.

Official site

Bailiff Service of the Chuvash Republic - official site r21.fssprus.ru.

The sections that are important for users are:

  • Services;
  • Documentation;
  • Contacts;
  • Appeals;
  • Activity.


The "Services" section is the main section for checking data for the presence of enforcement proceedings, searching for enforcement proceedings and criminals, notification of tenders, etc.

"Documents" are rather important for lawyers and lawyers to see changes in legislative framework. But in the section reference Information You can find frequently asked questions and answers to them, which will come in handy in difficult situations.

"Contacts". The section speaks for itself. Here you can find everything from the address to the photo of the location of the service in the Chuvash Republic. It's very convenient to have email.

In the "Appeals" section you can find information on the personal and online reception of citizens, as well as a small reference for citizens. There is also an interactive assistant that will answer the questions “what to do?”.

The "Activities" section mainly describes the successes and plans of the service, but there is a very important column - wanted.

If I owe what to do

In legal language, you are called a claimant, and the person who owes you is a debtor. Firstly, if a court decision has already been made, on the basis of which you should be paid a certain amount, then you must definitely obtain a document confirming the decision. Further, it already depends on the situation with the debtor, you can come to an amicable agreement with him, or contact the bailiff with clarifying questions, for this you will need to fill out a special form.

You will receive a response within 10 days. To conclude a settlement agreement, it is also necessary to bring an application to the court and, on its basis, register a settlement agreement approved by the court with payment terms and conditions. This settlement agreement is official and is attached to the case. But ideally, of course, it is better not to bring the case to court.

If I must

Some may not even know that some kind of court case has been opened against them and there are some fines and debts. This happens for various reasons, it may be a mismatch between the place of registration and the actual place of residence or the late work of the post office. You can see the lists of debtors not only on the website, but also in applications for social networks. Vkontakte and Odnoklassniki networks and applications for mobile phones.

If you find yourself on the list of debtors, you need to pay off the debt as soon as possible. Since as judgment you may be imposed a restriction on traveling abroad, which will be very inopportune during the holidays or vacation. If the payment occurred before the initiation of the case, then the receipt / confirmation of payment must be sent to the bailiffs department of the Chuvash Republic, then the case will be canceled. If it is already in effect, you will be charged additional fees.

But, in any case, it will help to have a check with you, so that in case of errors you have proof of your innocence.

Personal Area

In your personal account, you can find out 2 things: make a certificate of the absence of debts and production from the database, and from the bailiff himself. All other data is in open access. And track the status of requests in your personal account.

If you plan to contact several times, then it is better to create a personal account to control your requests.

Register of departments of bailiffs

The register of bailiff departments is located in the "Services" section. Entering the territory "Chuvash Republic" into the field and specifying an advanced search, you will see all the branches that are located in our region by districts and cities. As a rule, this is one UFSSP per city or per district, if it is a settlement. The data is from complete list contacts, including address, phone numbers, senior name and office hours. This register has been created throughout Russia, which is convenient in case of moving.

Alatyr ROSP:

  • Address: 429800, Alatyr, st. B. Khmelnitsky, 19B;
  • Phone: 8 83531 21147;
  • Email: [email protected].

Alikovsky ROSP:

  • Address: 429230, p. Alikovo, st. 60 years of October, d. 63;
  • Phone: 8 83535 22208;
  • Email: [email protected].

Vurnar ROSP:

  • Address: 429100, v. Vurnary, st. Pervomaiskaya, 18;
  • Phone: 8 83537 26087;
  • Email: [email protected].

Ibresinsky ROSP:

  • Address: 429700, Ibresi village, st. Lespromkhoznaya, 18;
  • Phone: 8 83538 21035;
  • Email: [email protected].

Kalinin ROSP, Cheboksary:

Kanash ROSP:

  • Address: 429700, Kanash, st. Komsomolskaya, 31;
  • Phone: 8 83533 21924;
  • Email: [email protected].

Krasnoarmeisky ROSP:

  • Address: 429610, p. Krasnoarmeyskoye, st. Mekhanizatorov, d. 1A;
  • Phone: 8 83530 21990;
  • Email: [email protected].

Krasnochetaysky ROSP:

  • Address: 429040, p. Red Chetai, st. Roadside, 31A;
  • Phone: 8 83551 21590;
  • Email: [email protected].

Kozlovsky ROSP:

  • Address: 429430, Kozlovka, st. Lenina, d. 57;
  • Phone: 8 83534 22335;
  • Email: [email protected].

Komsomolsk ROSP:

  • Address: 429300, p. Komsomolskoye, st. Lenina, d. 2;
  • Phone: 8 83539 51568;
  • Email: [email protected].

Leninsky ROSP Cheboksary:

  • Address: 428023, Cheboksary, st. Enthusiastov, 34A;
  • Phones:
    • 8 8352 306245;
    • 8 8352 306165;
  • Email: [email protected].

Mariinsky Posad ROSP:

  • Address: 429550, Mariinsky Posad, st. Embankment, 16;
  • Phone: 8 83542 22857;
  • Email: [email protected].

Interdistrict department of bailiffs for the execution of special enforcement proceedings:

  • Address: 428023, Cheboksary, st. Enthusiastov, 34A;
  • Phones:
    • 8 8352 306103;
    • 8 8352 306118;
  • Email: [email protected].

Moscow ROSP Cheboksary:

  • Address: 428023, Cheboksary, st. Enthusiastov, 34A;
  • Phones:
    • 8 8352 306244;
    • 8 8352 306224;
  • Email: [email protected].

Morgaushsky ROSP:

  • Address: 429530, p. Morgaushi, st. Mira, d. 5;
  • Phone: 8 83541 62901;
  • Email: [email protected].

Novocheboksarsky GOSP:

  • Address: 428901, Novocheboksarsk, st. Zavodskaya, d. 7;
  • Phones:
    • 8 8352 737434;
    • 8 8352 747156;
  • Email: [email protected].

OSB for Batyrevsky and Shemurshinsky districts:

  • Address: 429350, p. Batyrevo, st. Komarova, d. 13;
  • Phone: 8 83532 62266;
  • Email: [email protected].

OSB for the city of Shumerlya, Shumerlinsky and Poretsky districts:

  • Address: 429000, Shumerlya, st. Kostochkina, 11;
  • Phone: 8 83536 20207;
  • Email: [email protected].

Urmar ROSP:

  • Address: 429400, Urmary village, st. Lenina, d. 3;
  • Phone: 8 83544 21440;
  • Email: [email protected].

Tsivilsky ROSP:

  • Address: 429900, Tsivilsk, st. Sovetskaya, 32;
  • Phone: 8 83545 21416;
  • Email: [email protected].

Cheboksary ROSP:

  • Address: 429500, Kugesi village, st. Sovetskaya, d. 88;
  • Phone: 8 83540 23350;
  • Email: [email protected].

Yadrinsky ROSP:

  • Address: 429060, Yadrin, st. K. Marx, d. 52;
  • Phone: 8 83547 23217;
  • Email: [email protected].

Yalchik ROSP:

  • Address: 429380, p. Yalchiki, st. Ivanova, d. 11;
  • Phone: 8 83549 26149;
  • Email: [email protected].

Yantikovsky ROSP:

  • Address: 429330, p. Yantikovo, st. Chapaeva, d. 1;
  • Phone: 8 83548 21492;
  • Email: [email protected].

OSB for the execution of executive documents on the recovery of alimony payments in Cheboksary:

  • Address: 428023, Cheboksary, st. Enthusiastov, 34A;
  • Phone: 8 8352 306008;
  • Email: [email protected].

Phonebook

The telephone directory is located in the contacts column and is divided into "reference telephones" and "employee telephone directory". The first one contains the telephones of the reception and central office, in the second - you need to know the full name of the specific employee who is conducting the case.

Internet reception

Internet reception is enough fast way recording and solving the issue compared to the classical one. Applications are reviewed within a week. And the answer comes to the specified e-mail, also in the absence of e-mail, the answer will come in a regular letter.

Indicate the name of the person to whom the appeal is intended and your contacts. It is convenient that you can also attach documents as a separate file to this appeal. You can use services and applications and subscribe to updates, in which case you can quickly track changes in the registry itself, and track the status of requests in your personal account. Or, if the case is protracted, you will see the entire history of calls. But the institution personal account is not a prerequisite.

Appointment

Registration for admission is carried out one month before admission. You should receive a confirmation-ticket about the registration by e-mail. You need to go to the "Appeals" section, to the "personal reception of citizens" tab and accept the terms of service, only after that the region and the current appeal will be available. You need to know exactly which bailiff you want to sign up for.

If you have previously applied, then you must also indicate the date of the previous application. And you need to briefly write the reason for the appeal. A citizen has the right to sign up on the same day for different issues, but only once on the specified day for the same issue. Those. You cannot ask the same question to several employees at the same time.

Contacts

Video

In the current Russian legislation There are numerous penalties for various violations. A citizen should be aware of the imposition of punishment on him or the need to pay a certain type of tax.

But this is not always the case, because bailiffs or other government agencies periodically do not send notifications about the need to make payments.

Each Internet user has the opportunity to find out the debt from bailiffs online. To do this, you just need to go to the website of the Federal Bailiffs Service and select the required section.

The information is presented in the most convenient way for the user and is divided according to the regional principle.

ATTENTION!!!

For residents MOSCOW available FREE consultations in office provided professional lawyers based Federal Law No. 324 "On free legal assistance In Russian federation".

Don't wait - make an appointment or ask a question online.

Why is such a check necessary? When leaving Russia abroad, border guards must check for unpaid debt obligations through the online debtor monitoring system (customs federal base).

If it is determined that the person wishing to leave the country has unpaid tax, a fine, etc., then a person may simply not be released outside the state.

Important! The amount of debt at which the ban is placed is 10 thousand rubles.

To avoid the possibility of such non-standard situations, a few weeks before departure (preferably 3-4 weeks) it is necessary to check the information on the FSSP website. If there is information about an unpaid fine, it must be paid.

Finding out the debt from bailiffs online is the easiest way to protect yourself from possible risks that may arise when leaving the country.

Check debt by last name

Bailiffs enter information into their own database immediately after receiving a court decision regarding an individual or legal entity, which has gained legal force and was sent to the bailiffs for execution.

The data is entered into the system within 24 hours after the information is received by the collection service authorities.

How to check information about the presence or absence of debt obligations that must be repaid by a court decision? The easiest way is to find out debts by last name through an online service.

The main drawback of this option of searching for court decisions for the forced payment of fines, loans, alimony is the huge number of identical surnames on the territory of the Russian state.

To enter data, go to a special section on debt obligations:

  • enter your last name;
  • enter the date of birth (the data is being specified).

If the user has a problem, the following information will be displayed:

  • FULL NAME. debtor;
  • division of the FSSP, which is engaged in the implementation of the court decision;
  • the amount of the debt;
  • type of debt;
  • registration number of the case on enforcement proceedings;
  • grounds for initiating proceedings;
  • artist's contact details.

Checking the car for a ban on registration actions

A ban on carrying out registration actions with a car can be introduced by bailiffs for the following reasons:

Who can check information about the debt with bailiffs online:

  1. Car owner.
  2. Potential car buyer.

By the way, before buying a car in the secondary market, it is necessary to check the vehicle for a ban on registration actions, because if there is such a restriction, the buyer will pay the seller money, but will not be able to register the vehicle for himself with the traffic police.

A check on the FSSP portal can be carried out by the name of the owner of the car. In addition, you can find out the debt for bailiffs online on the traffic police website:

  1. Go to the "Services" section and select "Vehicle Check".
  2. The "Vehicle Check" section appears. Select "Request Verification".
  3. Select the "Check for restrictions" section.
  4. Enter the vehicle identification code, body number or chassis number.
  5. Enter the numbers from the picture.

After carrying out all the above actions, the necessary materials will appear on the presence or absence of restrictions on this vehicle.

Checking real estate for prohibition of registration actions

An online check of debts in the databases of bailiffs must be carried out before selling or exchanging real estate, because if a citizen has debts (especially large ones), his property can be seized by bailiffs at any time.

As you know, from practice, a person may not always be aware of his problems, therefore, before carrying out responsible actions with his own property, it is always necessary to check for restrictions.

The arrest for registration actions will be valid until the penalty is paid, which means:

  • inability to sell real estate;
  • inability to make an exchange;
  • gift ban.

You can check the information on the FSSP site as follows:

  • enter the database of enforcement proceedings;
  • indicate the territorial division of the collection department;
  • indicate the name by which information is to be found;
  • enter date of birth.

If some information about this person is found in the online database of bailiffs, then the following will appear on the screen:

  • Full name of the debtor;
  • type of restriction;
  • the date the restriction was imposed;
  • grounds (court decision);
  • contact details of the bailiff who conducts this enforcement proceedings.

It is necessary to repay the debt as soon as possible, because it is possible to remove the restriction on real estate registration actions only after the delay has been paid.

Tax arrears check

The FSSP provides an opportunity to check tax debt online by filling out a form on its own website. Notices of debtors are updated regularly, because the Federal Tax Service authorities act clearly and fulfill all statutory the possibility of collecting debt to the state or local budget.

If all attempts by the tax authorities to force the payer to repay the arrears on tax payments V statutory deadlines cannot be successful, the Federal Tax Service is preparing a lawsuit in court.

After the court decision is made, the court sends materials on the need to collect the tax debt to the appropriate division of the bailiffs.

You can find out the debt from the bailiffs-online for taxes:

  1. Individuals.
  2. Legal persons.
  3. Individual entrepreneurs.

The online search algorithm is as follows:

  • the user enters the official resource of the FSSP;
  • select the "Services" section;
  • select the type of person to search for;
  • fill in all the necessary identification information;
  • press the "Search" key.

Check debts before going abroad

Checking debts before traveling abroad is mandatory, because in the presence of legal restrictions, border guards may simply not let them out of the country.

The most convenient service for checking debt online is the FSSP website. For getting important information You will need to enter a minimum amount of data. How to check it is indicated above.

Alimony

Alimony can be assigned in the event of a divorce of the child's parents. The payment is paid by the parent with whom the child does not live, to the parent who is constantly raising the child.

Payment by law must be made monthly, but not all parents conscientiously fulfill the obligations imposed on them by law. Of course, if a citizen is officially employed by an enterprise, then the alimony is retained and transferred to the recipient by the accounting department of the organization.

But if the defaulter is registered as an individual entrepreneur or is unemployed, the payment of money must be made personally. In the event of a debt, the recipient of funds has the right to apply to the court for the purpose of recovery.

After a decision on the recovery of alimony is made, the case is transferred to the bailiffs and becomes available online. The amount of alimony will increase constantly, so it’s better to pay it off so that you don’t have to bear it later criminal liability. You can find out the debt in the FSSP-online on the website of the bailiffs.

Payment

Bailiffs allow you to pay the debt online through the FSSP website. The structure of this portal is connected with the online services of banks and payment systems:

  1. WebMoney.
  2. Kiwi.
  3. Yandex money.
  4. Express payment.
  5. Promsvyazbank.
  6. Bashkomsnabbank.
  7. Robokassa.
  8. Leader.
  9. Leomani.
  10. Simple payments.

To make a payment, you need to know:

  • number of enforcement proceedings;
  • the number of the decision to impose a fine or the details of other documents for which payment must be made;
  • payer's passport details.

The receipt can be obtained from the bank or by e-mail.

Conclusion

To find out the debt from bailiffs online, use a modern and affordable service that allows you not to use a physical data search (go to organizations), but simply sit near a computer and find the information of interest on the Internet.

If you have any questions about the topic of the article, ask them in the comments or the duty lawyer of the site. Also call the numbers listed. We will definitely answer and help.

Categories

  • is the Federal Bailiff Service (FSSP). Activity regulated by presidential decrees, acts of the Government of the Russian Federation, the Ministry of Justice, judicial authorities and Federal laws. , which cannot be levied Completion or suspension of proceedings Payment of debt Frequent causes of debt Conclusion In particular, Federal Law 229, which entered into force on October 2, 2007, regulates: the conditions for initiating proceedings (a set of measures aimed at forcing the defendant to comply with the requirement of the law ; types of documents giving the right to an official of the SSP to carry out coercive actions and measures; requirements for registration; terms for presentation; reasons for suspending or completing enforcement actions; rights and obligations of the parties, officials of the SSP; collection process (seizure of property, seizure, sale, freezing of accounts, withholding from income; rules for notifying the parties about the beginning and progress of enforcement proceedings; appointment and amount of the fee for the defendant’s evasion from the execution of the decision; terms, procedure for filing, form of complaint against the actions of the bailiff Basic provisions The main provisions of Federal Law 229 are indicated in chapter 1. Article 5 of the law defines the SSP as the body entrusted with the enforcement of court decisions, acts of state structures. on the principles (Article 4: humanity (respect for the personality of a person; reasonableness (the debtor cannot be deprived of the latter); timely execution of executive actions; compliance with the law. According to Article 6, the requirements of the bailiff are subject to mandatory execution by all citizens of the Russian Federation and local self-government bodies. Otherwise, violators may be held liable. Officials will be entitled to apply coercive measures, the list of which is specified in chapter 7 of Federal Law 229. The law obliges the FSSP to create and maintain a data bank (6. 1 of the Federal Law. Information about open proceedings (date, number, claimant, debtor, claim, amount, should be publicly available. At the moment, the information is publicly available on the official website of the SSP. Initiation of enforcement proceedings To start the mechanism of enforcement proceedings, the recoverer should contact the SSP at the location of the defendant or his property, write a statement, attach an executive document (30 FZ. Executive document - an official paper, on the basis of which, the bailiff has the right to begin implementation coercive measures acceptance. Chapter 2 defines the rules for registration, types of such documents. Art. 12 indicates 11 document types. In particular, they include: writ of execution issued by the court of first instance, arbitration body, after the entry into force of decisions, acts; court orders; maintenance agreements, copies certified by a notary; certificates of the labor commission; acts of the FIU and the Fund social insurance; acts, resolutions of other state bodies, officials (traffic police, tax. The collector can send documents through the court office. In this case, you do not need to write an application (30 clause 5 of the Federal Law. Documents received by the FSSP are transferred within three days to an official who will In three days, the bailiff must study the documentation and make a decision. Whether to initiate a case or not. Refusal is possible for the reasons given in Article 31: the address of the SSP is incorrectly determined; there is no application, the signature of the recoverer; the petition for initiation is written indistinctly, with errors, without specifying the details of the court that issued the decision; the execution of the enforcement document does not meet the requirements of Article 13; the time allotted by law for filing the document has expired. The official makes a decision on the initiation of proceedings, which he informs all parties. The document is drawn up in accordance with the instructions of Art. 14 FZ It should contain: details of the SSP, full name, position of the bailiff who opened the case; the date of the decision; production number; causes of arousal; solution; appeal procedure. But most importantly, the decision determines the time for the defendant to independently, without coercion, fulfill the requirement of the court. If he does not do this voluntarily within the prescribed period, the bailiff will appoint an enforcement fee and begin to take coercive actions and measures regulated by Chapter 7 of the Federal Law. Enforcement Measures The main instruments used by the SSP are enforcement measures and actions. Measures are the actions that an official takes. As a result, the requirements of the court or state body are enforced. According to Art. 68 FZ these include: foreclosure on income, accounts of the defendant; arrest, seizure of property; forced eviction; deprivation of property rights, re-registration to a claimant. The bailiff has the right to apply executive measures subject to two conditions: Proceedings have been initiated. The time given to the defendant for the voluntary execution of the decision has expired. Enforcement actions - measures, by carrying out which the claimant will create conditions that will force the defendant to satisfy the court's request and make it possible to apply enforcement measures (64 clause 1 of the Federal Law. Executive actions are: request, obtaining personal information about the defendant and financial condition ; search for a citizen, his property; restriction of the right to drive a vehicle; temporary ban on leaving the country. Departure restriction The debtor will temporarily not be able to leave the country if proceedings are opened against him (67 FZ on: maintenance debt, compensation for moral, property damage, harm to health in the amount of more than 10 thousand rubles; unfulfilled non-property requirement; outstanding debt in the amount of more than 30 thousand rubles If the money is not paid within two months after the expiration of the period given for the voluntary fulfillment of the requirement, the person will not be able to leave the country already with a debt of 10 thousand rubles (67 clause 2 of the Federal Law. Inventory and arrest of property The arrest of property should be understood as the deprivation of the debtor of the right to dispose or use it (FZ 80. The right to dispose means that the property remains with the owner. However, the debtor will not be able to sell, donate or in any other way change the legal fate of the arrested property. This option of arrest is applied, as an interim measure It can be imposed immediately upon initiation of proceedings, without waiting for the expiration of the period given for the voluntary execution of a court decision (80 clause 1 of the Federal Law. When depriving the debtor of the right to use the property, the arrested property is confiscated from the owner and transferred to storage. Subsequently, it is sold at auction or transferred to the claimant. In this case, the arrest takes place in the presence of two witnesses, an act is drawn up, an inventory of property is drawn up. The procedures for seizure, inventory, evaluation, transfer to storage and sale are regulated by Art. 84, 85, 86, 87 and Chapter 9 of the Federal Law, respectively. Arrest is not imposed on property if the amount under the writ of execution is less than 3 thousand rubles. (80 clause 1.1 of the Federal Law. According to Article 69 of the Federal Law 229, first of all, the arrest is imposed on the money and accounts of the debtor. And only when it turns out that they are insufficient to pay off the debt, the bailiff has the right to seize the property (69 clause 3. In addition, the value of the seized property must be proportionate to the requirements (69 clause 2 of the Federal Law. An official, for example, is not entitled to confiscate a car for an unpaid fine in the traffic police. But to impose a ban on the debtor’s right to dispose of completely. Restriction on registration actions A person who refuses to voluntarily fulfill the requirement of an executive document does not will be able to sell, donate, inherit the seized property.The bailiff will send a notice of seizure to advising authorities, providing a guarantee of execution of a court decision or act of a state body. Incomes that cannot be foreclosed The debtor's cash receipts, which the bailiff is not entitled to foreclose, are defined in Section 101 of the Federal Law. In total, the law lists 21 types of income that are not subject to withholding. These include: compensation for harm to health, loss of a breadwinner; compensation to persons affected by radiation, man-made accidents; medication allowance; social payments for burial. Termination or suspension of proceedings Art. 40 of the Federal Law lists the grounds on which the bailiff must fully or partially suspend the implementation of enforcement actions. These include: the death of the debtor, recognition as missing; loss of legal capacity; passing the bankruptcy procedure by the defaulter; adjudication statement of claim on granting a deferral, installment payment of the enforcement fee; long-term inpatient treatment; petition of a debtor who is in military service. Completion of enforcement proceedings occurs when the reasons specified in Art. 46, 47 FZ. For example, if the bailiff finds out that the debtor has nothing to collect and seize, the case will be closed, in accordance with Art. 46 p. 4. The document will be returned to the claimant. However, after six months, he has the right to re-initiate proceedings. At the same time, the term of the executive document will begin to be calculated anew. The proceedings will be completed if: the debtor satisfies the judgment; the court will require the return of the writ of execution; recognition of the debtor as financially insolvent; The judgment has expired. Payment of the debt The law gives 2 months. for enforcement actions (36 FZ. During this period, the official must collect the debt, force him to fulfill the requirement imposed by law. If a different time interval is indicated in the court decision, the official is obliged to comply with it. The Federal Law provides for a period for the voluntary execution of the court decision by the debtor ( no more than 5 days... At the end, in case of non-fulfillment of the decision, the bailiff, in accordance with Article 112 of the Federal Law, will appoint the violator pecuniary recovery(7%, but not less than 1 thousand rubles. Common causes of debt Statistics show that most often the basis for starting production is credit debts. According to VTsIOM in 2018, 57% of Russian citizens had outstanding debts to financial institutions. Over the past eight years, this figure has doubled, according to experts from the polling research institute. The second most common reason is child support debts. According to the FSPP, in 2018 the number of alimony non-payers increased by 60% and amounted to more than 800 thousand people. total amount arrears in alimony are considerable - 100 billion rubles. Russian traffic police drivers owe almost five times less. In 2017, the debt of motorists for fines reached 21.6 billion rubles. Conclusion Federal Law 229 has been amended many times since its publication. This was done three times in 2018 alone. The latter will come into force on July 31, 2018. They will touch Art. 6.1. and Art. 13. Deadlines for sending information to the State Information System will be established. The requirements for executive documents have been changed. If you have any questions about the topic of the article, ask them in the comments or the duty lawyer of the site. Also call the numbers listed. We will definitely answer and help. "> Enforcement Proceedings
  • - this is a legal paper drawn up in accordance with the requirements specified in Art. 13 FZ-229, containing information about the claimant's claim and the order to the bailiff to start recovery. CONTENT OF THE ARTICLE: Concepts and types of executive documents Writ of execution Court order Alimony agreement certified by a notary Certification of the labor commission Acts of regulatory authorities Resolution of the bailiff Executive inscription of the notary What other executive documents are there and what unites them? What should be contained in the document On the basis of the document, the bailiff initiates enforcement proceedings and proceeds to take a number of measures and actions against the debtor. Concepts and types of executive documents Types of executive documents are regulated by Article 12 229 - FZ. These include: Judicial acts, including those on administrative violations, court orders issued on their basis, writ of execution. A notarized contract (an agreement or a copy on the payment of alimony, between the person who is obliged to pay them and the one who has the right to receive maintenance support. Certification of the decision of the commission on labor disputes. Acts of the Pension Fund of the Russian Federation and the FSS on the recovery of funds from the debtor - individual Entrepreneur Decree of a bailiff service Executive inscription of a notary Public acts of tax, customs and other regulatory authorities with the obligatory attachment of documents, where marks of banking, credit organizations in which the debtor has an account, indicating fully or partially withheld funds. Writ of execution (IL - issued on the basis of judicial act or an order that the plaintiff (the recoverer receives after the court decision comes into force. As a rule, this period is no more than 10 days. This is the time allotted by law for appealing the court decision. In some cases requiring immediate execution, the IL is issued immediately after the decision is made (FZ 138 Code of Civil Procedure 428. You can present IL within 3 years from the date of receipt (Article 21, clause 1 No. 229, for administrative violations, the presentation period is 2 years (21 clause 1 No. 229. The recoverer can restore the deadline missed for presentation, by submitting an appropriate application to the court that originally issued it, indicating a good reason for the omission and confirming it with documents (GPK 432, 23 FZ-229. In case of loss of IL, the recoverer can apply to the court with an application for a duplicate. The court will accept the petition for consideration if the deadline the presentation has not yet expired (Code of Civil Procedure of the Russian Federation 430 p. 1. Within 10 days, the application will be considered and a decision will be made. All interested parties are notified of the time and place of the event. Failure to appear will not be a reason to consider the decision taken illegal. During the trial, the evidence and circumstances of the loss of the document are considered. The refusal of the court to issue a duplicate can be appealed within the time period established by law (430 Code of Civil Procedure of the Russian Federation, paragraph 4. It should be noted that the IL is not an enforcement document if issued before the entry into force of the court decision (FZ 138 Code of Civil Procedure, Article 428, paragraph 4. If it is drawn up with errors and inaccuracies, for example, the debtor's passport details are incorrectly indicated, one of the parties may apply to the court to invalidate the conclusion, which will entail the suspension of the enforcement case until a decision is made on this issue. the value of the property claimed for collection is not more than 500 thousand rubles.The court order is an ID. (Code of Civil Procedure of the Russian Federation 121. The collector can independently apply to the bank, credit organization with an application to withhold funds from the accounts of the debtor and transfer them to the current account according to specified details(Article 8, paragraph 1 No. 229. If the plaintiff prefers another method of recovery, he will contact the bailiff service, possibly within 3 years from the date the verdict enters into force. If court order relates to periodic payments, presentation is possible during the entire period during which payments are to be made. For example, an order received with a requirement to withhold funds for alimony will be valid until the child turns 18 and for another 3 years after that. Alimony agreement certified by a notary An agreement concluded in writing, in an appropriate way, between a person paying alimony and a person entitled to receive them, is an executive document if notarized. In case of incapacity of one of the citizens, the contract is concluded by a legal representative. The maintenance agreement is voluntary agreement both parties, where the amount of the amount to be paid, the terms and method of payment are stipulated (99 of the RF IC. The law provides for the possibility of replacing money with property, changing, terminating by mutual agreement of the parties. The contract can also be terminated in judicial order if the interests of a minor or incapacitated adult child are infringed (102.103 of the RF IC. An agreement signed by both participants, but not notarized is not an executive document and cannot be presented for initiating enforcement proceedings. Certification of the labor commission In case of questions related to the recovery wages, overtime pay, reimbursement travel expenses an employee, if it is impossible to independently resolve the conflict situation, applies for permission to the labor dispute commission, which is created on their own initiative by the members of the team of the enterprise, organization (Article 384 of the Labor Code. The decision taken by the commission comes into force after 10 days, unless it is appealed by the management, and must be satisfied within the next three days after that.If, after the expiration of the statutory time (13 days), the requirement is not met, the employee should receive a certificate from the labor commission within one month, in order to then defend his rights with the help of a bailiff. apply within 3 months from the date of receipt of the certificate (389 of the Labor Code of the Russian Federation. Violated deadlines for obtaining a document or contacting the bailiff can be restored by the labor commission at the request of the employee indicating a good reason for the absence. Acts of regulatory authorities In case of non-payment individual entrepreneur taxes, fines late delivery reporting and penalties Pension Fund(PFR and the Social Insurance Fund (FSS draws up an appropriate act on the forced collection of funds from a person engaged in entrepreneurial activity, and sends him to the bailiff service. Moreover, if an entrepreneur can carry out activities without opening a current account, then in order to initiate enforcement proceedings, it is not required to apply marks of credit and banking organizations. At the same time, if the acts are drawn up by other regulatory authorities (tax, customs or other authorities listed in Chapter 23 of the Code of Administrative Offenses in without fail attached to the acts. Resolution of the bailiff In some cases, the bailiff initiates the initiation of enforcement proceedings on his own. For example, after a change in the circumstances as a result of which the proceedings were suspended (end of military service, discharge of the debtor from the hospital or other reasons specified in Article 40. In the event of termination of proceedings for the recovery of alimony under Article 43, part 2, clause 9 No. 229 , the decision is issued by the bailiff to reimburse the debtor for performing expenses. loan agreement, except for microfinance organizations, if it contains an additional agreement on the possibility of collecting money by the notary's executive signature, in case of violation of the conditions of one of the parties (Fundamentals of the Law on Notaries of the Russian Federation, Article 90. The notary puts the inscription itself on a copy of the document that establishes the debt, on the original makes a note (Article 89 Law on Notaries. Within three days, a notice is sent to the debtor. An executive inscription is placed at the request of the recoverer when all documents and a copy of the notification are provided to the notary, confirming the sending of data to the debtor at least 14 days before contacting the notary. within three years from the date of receipt of the ID and one year, if the debtor is not a civilian, it can be presented for enforcement measures and actions by the bailiff.What other executive documents are there and what unites them?Final documents do not always have a property character and entail collection of funds or seizure of property. In a number of cases, they are associated with the reinstatement of an illegally dismissed employee at work, the move-in of the plaintiff, the transfer of the child to one of the parents, the demolition of an unauthorized building. But at its core, all executive documents have one general characteristics: they contain a requirement instructing the bailiff to apply coercive measures and actions to the defendant indicated in the document. At the heart of the characteristics of the concept of ID is a forced way of executing what is contained in the requirement. Therefore, warnings, rulings on the imposition of a fine paid on the spot, on administrative arrest or deprivation of a special right (the right to drive a vehicle do not fall under the definition of the document, since they do not order the official to take coercive measures. What should be contained in the document that the ID be drawn up in accordance with the established rules, where the data are clearly stated: the name and address of the authority that issued it; the position and full name of the official; data on the case materials on the basis of which it was issued; the date of entry into force ; information about the recoverer and the debtor; details on which the recoverable cash; the requirement itself; other information, according to Art. 13 FZ 229. The document is signed by officials and certified by a seal, in the case of a judicial act - a stamp. The bailiff may not open enforcement proceedings if the ID is issued with errors and inaccuracies, as this may make it difficult to fulfill this requirement. For example, if the debtor's surname is written illegibly or the details for the transfer are not indicated. It should be noted that the bailiff is a person acting only on the basis of a document and within the framework of the law. If the debtor or the recoverer disagrees with the amount specified in the demand, the authorities that issued the ID should be contacted. The bailiff can only change the amount of the performance fee, reducing it at his own discretion to 1 thousand rubles. "> Executive documents
  • there is information in the FSSP database, all databases are updated weekly. Bailiff service - find out the debt CONTENT OF THE ARTICLE: Enforcement proceedings By last name and first name Check by number By order Information Systems bailiffs Conclusion If enforcement proceedings are opened against a citizen, then bailiffs can restrict some of the rights of the debtor until he pays off the existing debt. Therefore, if you are going abroad, want to get a bank loan, sell a car or make another financial transaction, it would be useful to find out about the problems with the bailiffs, so that later you do not face bailiffs blocking your travel abroad or selling your personal car. Checking your debts is a mandatory procedure if you plan to: go abroad, it doesn't matter - for a week on a tourist trip or for permanent residence; take a loan from a bank; sell a car or property; enter into a financial transaction. Even if you do not plan any of the above actions, it is better to periodically check your debts to insure against unpleasant consequences. Enforcement proceedings After the court has ruled in favor of the plaintiff, he receives a writ of execution: a document that obliges the defendant to comply with the court decision, and the bailiffs to open an IP. The case may be opened if the debtor does not pay: utility bills; alimony; money awarded for payment of civil suit; fines; credits, loans and loans. If you received a writ of execution indicating the case number, you need to find out detailed information about ways to repay a debt, sanctions due to late payment, etc. For those who, for a number of reasons, cannot visit the department, the Federal Bailiff Service of the Russian Federation launched an open database with which you can not only learn about the enforcement proceedings of bailiffs, presence or absence, but also pay the debt in the online system. By last name and first name The easiest way to find out debts from bailiffs by last name and first name on the FSSP website, for this you need to fill out a special form, indicating the last name, first name, date of birth in certain fields and click on the "Search" button. We enter data We enter the code from the picture We get the result The system will provide information about the state of delay at the current moment for the requested person or, in the absence of an open IP, will notify that there is no debt. You can check the data on the executive case in several ways: on the official website of the FSSP; in the department of bailiffs at the place of registration; by leaving an application for debt verification on the site. The first way is the fastest, you don’t have to go anywhere or wait for an official answer, it’s enough to have access to the Internet. The debtor not only finds out if he has problems, but can also open the decision, find out the case number, and, if necessary, contact the bailiff directly to clarify the details or ways to pay off the debt. Check by number Since notifications of commenced proceedings have a unique numbering, the open enforcement protocol on the bailiffs' portal can be recognized by the number. In order to check the state of production, the user needs to: go to the official website of the FSSP in his region; click on the "Data Bank" option; select the third option "By IP number"; enter the number specified in the notification in the field that opens and click on the "Search" button. A table will appear in the window that opens, where, if the proceedings have not yet been completed, the user will find the following data: Name of the judicial authority, its address. Date of issue and document number. Amount and term of payment. The rest of the steps are identical to the full name check. According to the Decree One of the most common types of debt is non-payment of fines for violation of traffic rules, for which, in case of violation of the terms of payment, administrative liability is provided. A driver who has not paid the fine on time may be restricted in the right to drive a vehicle. In the field of activity of the FSSP is the conduct of enforcement proceedings to recover unpaid fines at the expense of the debtor's income. In case of non-payment in deadlines penalty for breaking the rules traffic, the decision to recover the fine goes to the bailiff service, in turn, the FSSP opens proceedings and sends a copy of the decision to the debtor. When the defendant receives a writ of imposition administrative fine, he can find out the debt from the bailiffs by the order number indicated in the mailing. To do this, on the FSSP resource, you need to find the “By Resolution” tab, enter a unique document number in the field that opens and click the “Search” button, after a while all the information on the required fine will be displayed on the monitor. Such a check should be carried out no earlier than eighty days after fixing the violation. This rule is explained by the fact that sixty days are given for the timely payment of the fine, plus ten days for appealing the decision, plus another ten days for guaranteed payment and fixing it in the databases if the offender managed to pay the fine on the last day of the statutory period . Only after the deadline has passed, if information about payment has not been received, the base of unpaid fines is transferred from the traffic police to the FSSP. Official website of bailiffs Nowadays, having access to the Internet, it is easy to get any information. The data on non-payments according to court documents is no exception. To facilitate the search, as well as to stimulate citizens to pay their debts on time, the official website of the Federal Bailiff Service of Russia has been created, which provides such data in the public domain. On www.fssprus ru find out your debt by last name, number writ of execution or the decision will not be difficult. There is a standard form that will allow the user to find out if he has unpaid debts and their current status. Using the services of the Internet site is not difficult, you only need to enter the last name, first name, patronymic, or resolution number. However, in order for the required information to be displayed correctly, it is necessary to fill in all the fields without errors, especially when entering a multi-digit order number, since with an error of just one digit, the system either will not find the necessary information at all, or will give it incorrectly. The base of enforcement proceedings of bailiffs Recently, the FSSP has placed on its official website an electronic data bank of enforcement proceedings, using which you can find out the debt or make sure that it is not in real time (online. To find out about the presence or absence of penalties, just go to the site of judicial bailiffs and find out the data in the "Information Systems" section, where to find the "Data Bank of Enforcement Proceedings". On the page that opens, there are tabs: search for individuals by last name; search for legal entities by TIN and PSRN; search for individual entrepreneurs by TIN and PSRN. Let's consider in more detail, what is the database of enforcement proceedings at the bailiffs.This includes only cases in which the court has made an unconditional decision to pay debts, among them may be: Collection of alimony if one of the parents evades paying them.Court decisions on claims of creditors.Decisions on violations of traffic rules, for which there was no timely payment of the fine. On the site, in addition to confirming the existing debt, you can find information about its structure and type: whether a forgotten and unpaid fine, debts for utility payments, underpaid tax or something else, and the amount of debt that needs to be repaid. Also, the debtor can pay his debt online. Information on open IP is presented in in full, that is, all cases that are opened are necessarily entered into the database of bailiffs, where everyone can find out their debt. Prohibition on the registration of a car by bailiffs The ban on the registration of vehicles is used in situations where proceedings are opened against the owner of the car. After a decision is made to take restrictive measures, the traffic police is notified, in these cases, employees state inspection not entitled to re-register the car until the ban is lifted. The ban will not be lifted until all debt obligations are eliminated. Lawyers recommend checking the debts of bailiffs before the buyer gives money for the purchased car to him former owner, especially if the seller offers to buy vehicle under a general power of attorney, and in no case agree to such a transaction if it turns out that a ban has been imposed on the re-registration of the car. The ban is lifted by the same body that imposed it, and if the car has several bans on different debt obligations, then there should be the same number of decisions on lifting the bans as on imposing. Information systems of bailiffs Information systems of the FSSP make it possible to obtain real-time information about the absence or presence of debts, their size, after fulfilling obligations, control the updating of materials without leaving home. It is enough to go to the FSSP website, select the region and search option, and you will be able to see the debts of the bailiffs by last name and first name, pay them online or find a notice of the bailiff. But the FSSP website is not the only source of such information. You can install the application on your smartphone and, by setting up automatic notifications, receive timely information about debts and their repayment, you can also use the application in in social networks Vkontakte and Odnoklassniki, where there is a list of bailiffs' debtors. Conclusion Summarizing the above, we can conclude: no one is immune from trouble, someone does not repay debts intentionally, someone accidentally finds out that somewhere and sometime a fine was imposed on him, someone remained underpaid a small amount loan, which, due to penalties and interest, has grown to a rather impressive amount. You should not hide from these debts, the bailiffs will still find the debtor sooner or later, and this can happen at the most inopportune moment. The article talks about how you can find out the debt from the bailiffs, this information, if applied, will help to avoid problems in the future. "> How to find out the debt
  • 938-40-59 St. Petersburg: +7 (812 467-39-61 When applicable Article 68 of Federal Law No. 229 “On Enforcement Proceedings” clarifies the list of individual measures to implement a court order. However, with all available options, repayment of the amount of debt comes from the income of the guilty citizen.In the absence of funds from the defendant, bailiffs get the right to recover property.In this case, the application of powers responsible persons occurs as part of the arrest of the relevant objects and further sale at an auction - the proceeds are used to pay the debt. Procedure Each stage of the enforcement process is characterized by individual characteristics- in some situations, individual positions may be omitted, in others - new ones are added. Standardly, the sequence is expressed in the following stages: Preparation by the plaintiff of documents, according to which the court will establish the existence of debt obligations of the defendant. The allocation of claims and requirements to the debtor is the implementation of a pre-trial procedure for influencing the actions of the offender. Drawing up and filing a statement of claim with a package of establishing documentation to the court. Taking part in court proceedings. Obtaining a relevant court order. Sending a writ of execution to the address of bailiffs for the implementation of disciplinary measures. The law also provides for the right to submit a sheet directly to the bank where the debtor has accounts - after that financial institution is obliged to carry out measures for the calculation of funds in the prescribed manner. Each dictionary gives its own definition of the concept of "recovery" - in most cases, the difference in characteristics lies in the scope of use of the definition. In a general sense, the penalty provides for the imposition of punishment in relation to persons who, by their actions, violated the norms established by law. At the same time, the scope of application is not important - labor, criminal, administrative or other. In any consideration, it is important for an unscrupulous citizen to understand that the implementation of this tool implies additional difficulties and possible costs for it. Disciplinary sanction In accordance with the provisions of Art. 192 Labor Code In the Russian Federation, a disciplinary sanction is understood as such a sanction that is implemented by the employer against an employee for committing a disciplinary offense, namely: for improper performance or ignoring the assigned duties. This is a punishment for poor performance. official functions . Additionally, lawyers use other definitions: the measure of responsibility for non-compliance with the requirements of labor discipline; responsibility for violation of the norms of the Labor Code of the Russian Federation; consequences after the implementation of illegal activities or inactions, as a result of which harm was caused to another participant in labor relations. Recovery of this kind is characterized by some specifics that distinguish it from other types of liability. Generally speaking, two features stand out. The first is the basis for bringing to punishment - this is non-compliance with the provisions of labor legislation. The second defines the independence of the employer in making a decision on the misconduct - this does not require the involvement of third-party authorized structures. A disciplinary sanction can act as a general type, when responsibility is established by the positions of the Labor Code of the Russian Federation and the requirements of the internal regulations, and a special one, in which punishment is imposed on certain professions and categories of citizens on the basis of the relevant establishing documents. Application The basis for the application of a disciplinary sanction is a disciplinary offense, which can be the following types of situations: non-compliance with the daily routine - absenteeism and systematic delays; violation of safety standards - the actions of the employee led to a risk to the health and life of all personnel and individual representatives; deterioration in the efficiency of individual services and the enterprise as a whole - failure to comply with orders from direct management; damage to the property of the employer. In addition to “objective” and obvious violations, a penalty can be used if the actions of a citizen in one way or another affect the morale of the team - contributing to the emergence of disputes, conflict situations. Stages of disciplinary proceedings Implementation of a disciplinary sanction is carried out in the following stages: Initially, the employer offers the guilty person to give a written explanation of the situation with the violation. If the employee refused, after two working days an act is drawn up, which indicates: full name, position of the originator and offender; the situation with alleged violations of labor standards (the employee’s refusal to give explanations is noted; an explanation with clarification of the violated provisions of the law or relevant acts. After that, the employer asks the immediate supervisor of the employee for documents confirming the fact of the misconduct, and the penalty for such a situation. After considering the materials received, received on the fact of ignoring the norms of the Labor Code of the Russian Federation and the internal regulations of the enterprise, the employer makes a decision on the guilt of the citizen. Additionally, the severity of the actions of the offender, the consequences of the committed misconduct, as well as circumstances that can be used as positions that contribute to the mitigation of liability measures are taken into account. The employer expresses the chosen instrument of disciplinary action in the execution of the corresponding order. The order is provided to the employee for review within three days from the date of publication. If he does not want to sign the order, then in addition it will be necessary to draw up a special act, which specifies such a decision of the employee. Disciplinary proceedings are characterized by specific procedural periods: one month and six months. The penalty cannot be used if more than a month has elapsed from the date of detection of the misconduct. At the same time, this time period does not include the period the employee is on sick leave, vacation, as well as the time required to identify the opinion of the trade union, if it is considered mandatory under labor law. After six months, the actions of the employee cannot be considered from the perspective of disciplinary liability. However, certain exceptions are provided. If during the manifestation of the audit, inspection of financial and economic activities, violations are found, the period during which it is allowed to impose a penalty is increased to 24 months. Additionally: when calculating the term, criminal proceedings are not taken into account. For the same disciplinary offense, an employee may be subject to one disciplinary sanction. However, this statement does not preclude the imposition of administrative or criminal measures. ">Forced recovery
  • . The procedure for the sale of seized property in the framework of enforcement proceedings is one of the most effective tools for collecting debts from payers. The measure is carried out in parallel with other methods of influence, such as notifying the employer of the need to withhold funds from wages, imposing restrictions on crossing the state border, or introducing additional fines. Conclusion The regulation of the process is understandable and accessible for study - it is enough to refer to the articles of the Law "On Enforcement Proceedings". Knowledge of the nuances and features will be useful primarily for the debtor himself - if he can prove that the established procedure has been violated, then he has the right to count on a review of the collection process or a complete cancellation.
  • . Chapter 3 of Federal Law 229 determines the procedure for calculating, ending, restoring, suspending, prolonging, interrupting deadlines and the consequences of missing. Calculation According to Art. 15 paragraph 2 of Federal Law 229, the period in enforcement proceedings is measured in days, months, years. Non-working days specified in Art. 112, 111 of the Labor Code are not taken into account. For example, the period for voluntary execution will increase if a holiday or weekend falls (Sunday. Periods are determined not only by a period of time. In some cases, they are set: On a specific calendar date. For example, the defendant must take specific actions by May 20, 2018 (vacate illegally occupied housing , liquidate unauthorized erected structure... At the time of the occurrence of a certain event.For example, enforcement actions are suspended until the debtor's full recovery or demobilization from military service.The countdown begins the next day from the calendar date or from the moment the event occurs (15 p. 3. For example, if a person received a decision on May 20, the time for voluntary execution (5 days will begin to be counted from the next day, that is, May 21 and end on the 25th. The end The end depends on the method of calculation. If the calculation is made in years, then the period should end on the corresponding the date of the last established year (16 clause 1 of the Federal Law 229. If it is considered in days - on the last (16 p. 3. The exception is when the last day is a non-working day. In this case, the end will occur on the next business day. The period measured in months ends on the same calendar date of the last month of the established period (16 p. 2. There are situations when there is no such date in the last month.For example, the bailiff, within one month from the moment the property is discovered, must involve a specialist in the assessment (85 FZ 229. If the date of discovery of the property is January 31, then in the next month - February of that date in such situations, the law prescribes that the end date be considered the last day of the specified month.In this example, this is February 28 or 29 (depending on the year. It should be noted that the time is not considered expired if necessary actions were committed before 24 hours (16 p. 6. For example, the deadline for appealing the work of collection ends on the 23rd. If the applicant files a complaint on the 23rd before midnight, then time will not be missed. A higher person or authority must accept the document, consider and make an appropriate decision Skipping and restoring Failure to comply with the deadlines entails liability and does not exempt from fulfilling the requirements (17 part 1. For example, if the defendant does not want to voluntarily vacate the occupied living space within the period established by the resolution, the bailiff will impose a monetary penalty and forcibly evict an irresponsible citizen (18 p 1 Federal Law 229. It is important to comply with the deadline when filing a complaint against the FSSP.If you miss the time specified in Article 122 of Federal Law 229, the document will be returned to the applicant and no action will be taken (17 clause 2. However, if there is a good reason for missing, the deadline may To do this, the applicant, together with the complaint, must submit an appropriate application (18, paragraph 1. The superior person to whom the application is intended has the right to refuse the request if he considers that the pass is based on insignificant circumstances. In this case, the applicant will receive a copy of the decision to refuse, which the SSP must send the next day after the decision is made (18 clause 3. The refusal can be appealed in court (Article 121. The term for considering the citizen’s appeal Consideration of a complaint about the bailiff’s work by a higher-ranking person should not take more than 10 days (Article 126. At the same time, it should be taken into account that the appeal takes place in the order of subordination, defined by Article 123 of the Federal Law 229. As a rule, for greater efficiency, a citizen filing a complaint at the same time with a similar application goes to court. If the court will proceed with the case, the time for studying the complaint to the SSP will be suspended.The time for considering an application sent to the FSSP by mail or electronically through the official website of the service will be about 33 days.Three days are given for mandatory centralized registration, which is carried out by the Records Management Department in accordance with instruction No. 682 dated October 10, 2010. It will take 30 days to consider the appeal itself (12 No. 59-FZ. In special cases, this period can be extended, even up to 30. The applicant will be notified of the extension. Term for initiating enforcement proceedings The procedure for initiating proceedings should not take more than seven days. Three days are allotted for the transfer to the bailiff of the application and documents from the office of the SPP (30 clause 7 of the Federal Law 229. The same amount for study official materials received and the issuance of a decision to refuse or open proceedings (30 clause 8 F Z229. Weekends, holidays are not taken into account, therefore the total time to initiate proceedings will increase by one day (in total it will be seven. The period will be reduced to one day if the executive document (ID, prescribes immediate implementation. In this case, the application, the case materials are immediately submitted to the bailiff, who must make an appropriate decision within 24 hours. The interval in which the debtor is forced to comply with the requirements of the ID is two months. Exception: the cases specified in Art. 36 clause 2-6.1 of Federal Law 229, the period is set in the ID. The calculation does not include situations defined in Article 36 clause 7 (suspension, postponement of enforcement measures. Limitation period for enforcement proceedings execution of the contained requirements.The ID with a limitation period of three years include: writ of execution issued by the judiciary (the calculation is carried out from the date of entry into force decisions taken; court orders. Three months are given to present for collection: certificates of the commission on labor disputes. The countdown starts from the date of receipt of the document; writ of execution, whose missed term was restored by the decision of the arbitration court. Acts of regulatory authorities (tax, customs, FIU must be submitted for enforcement within a six-month period from the date of issue (21 clause 6.1. or return from the bank (in case the defendant's account did not have enough money to pay off the debt. ID on administrative violations are presented no later than two years from the date of entry into force. long term statute of limitations have an ID for the collection of periodic payments. It is possible to force the debtor to satisfy the requirement for such documents during the entire period when payments should be made and three years after the expiration (21 clause 4 of the Federal Law. The countdown, as noted above, begins to occur either from the moment the document is received (certificate of the labor commission, or from entry dates court order, act into force. But this is not always the case. If the court has postponed or extended the execution of the decision, the countdown should be carried out after the installment has expired, the delay (21 clause 9. In addition, the term of ID can be calculated again, and an unlimited number of times. According to Article 22 clause 1, its course is interrupted when: the creditor has started the ID; the debtor has partially begun to fulfill the demand. The time until the interruption is not counted and receives a new reference point (22 p. 2. If the bailiff completes the proceedings and returns the document to the creditor due to impossibility of execution, the case can be reopened within three years from the date of return of the document.And do this an infinite number of times.ConclusionKnowing the deadlines in enforcement proceedings and understanding the consequences that arise in the event of a violation is useful for both sides of the case.This allows the debtor to minimize or avoid financial losses.For the claimant - to control correctness of action FSSP employees and take timely necessary measures to get the desired result. "> Deadlines in enforcement proceedings
Helpful information

DEBT VERIFICATION SERVICE TO FSSP
(Federal bailiff service)

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Our legislation is designed in such a way that it is almost impossible for a more or less law-abiding person not to know about the established travel ban, all the more so to be dumbfounded by this “news” directly at the border. Therefore, calm down: it is unlikely that you will lose your vacation due to the fact that you will not be allowed to travel abroad for debts, and you will not know anything about this until the moment you leave.

Such a measure as a ban on leaving Russia is regulated by Article 15 of the Federal Law of August 15, 1996 No. 114-FZ “On the procedure for leaving the Russian Federation and entering the Russian Federation”, and is applied, as a rule, only as a last resort.

The procedure for imposing a travel restriction is quite complicated. In a nutshell: a travel restriction is set not just for the mere existence of an unpaid fine or other debts - it can be applied to you only for failure to comply with obligations imposed by the court. In other words, first a court must be held (and you must be invited to it), following the results of the meeting, you will be obliged to pay off your debts. And only then the issue is transferred to the work of the federal bailiff service (FSSP). which, on the basis of a writ of execution, initiates enforcement proceedings. And only if it is not possible to collect debts in other ways, the bailiff applies a travel restriction as a last resort.

It should be noted that in the case of a court decision in absentia (this is when the court session is held without your participation), there is still a chance of being included in the list of “travel restrictions” and not knowing about it until the last moment. Such a situation may arise, for example, if you are registered in one place, but live in another, maybe even in another city, and the court will not be able to reach you in any way to notify you of the upcoming meeting. In this case, the court will certainly take place without your participation, and the bailiffs, who also cannot find you, will have no choice but to restrict your departure. Again, this action will only be taken if you are a persistent defaulter and defaulter, which means that you must be notified of the debts and refuse to pay them.

Thus, despite the fact that we are all constantly scared by this restriction, as well as contrary to popular belief that for an unpaid hundred-ruble fine you will suddenly be found on the “black list” at the border, in fact, everything is not so scary.

If you are not sure if you have unpaid fines or some other debt, and want to know about it, it is better to contact the bailiffs. There you can specify

To find out if you have been sued court proceedings, to clarify issues related to the restriction of exit from the Russian Federation, as well as to obtain detailed legal information, you must contact the Federal Bailiff Service.

You can visit your local office. But the Internet has made life easier for us here too: you can check the availability of information about yourself in the Data Bank of Enforcement Proceedings of the Federal Bailiff Service without leaving your home on the official website of this department. To find out whether proceedings have been initiated against you or not, select the region of your residence (registration) from the list and go to the form online checks debt (“Check Debt” button), into which you will already need to enter your data (by the way, the search is possible both by physical and by legal entities). So you will know whether you will be released abroad or not.

If you have a debt, keep in mind that from the moment you pay the fine to the moment you are excluded from the register of debtors, it may take a couple of days or a couple of weeks. Therefore, it is better to independently approach the bailiff with a payment document and check that you have definitely been removed from the list of debtors.

If you did not find any debts on the site, you can safely travel without fear that you will be stopped at the border.

Summing up, we can conclude:

1. It is better to pay off all debts on time.

2. Despite the fact that the procedure for imposing a travel restriction is quite complicated, nevertheless, you can find yourself in a situation where, until the last moment, you do not know anything about the restriction imposed.

3. Work on organizing a temporary restriction on the departure of debtors from the Russian Federation is carried out by the Federal Bailiff Service. You can find out about the presence or absence of a temporary restriction on the right to travel outside the Russian Federation in connection with previously existing debts, as well as whether travel restrictions have been lifted after they have been paid, on the official website of this department.

4. Due to objective factors, after paying off the debt, it is better to independently approach the bailiff with the payment document and check that you have definitely been removed from the list of debtors.

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