Long travel abroad. A tricky way to leave Russia abroad with debts. How to lift a travel ban

28.01.2022

If you are going abroad, it will not be superfluous to find out in advance whether you have the right to do so. Citizens of the Russian Federation and foreigners are included in the lists of people not allowed to travel abroad for several reasons. One of them - unpaid debts- can affect everyone.

Overseas in debt

For debts of any size, it is impossible to put a person in prison;

There are not so many instruments of influence on the average citizen in this regard. One of the most effective is the deprivation of the right to travel abroad.

How is the limit set?

The fifth paragraph of the fifteenth article of Law No. 114-FZ establishes that the right of a person to go abroad of the Russian Federation bailiffs have the right temporarily restrict until he fulfills the financial obligations assigned to him or agrees with the creditor. The same is said in Art. 67 of Law No. 229-FZ. The bailiff service is obliged to send a person a notice of travel restrictions, which explains why and for how long the restrictions apply.

It should be noted that the presence of a debt, an unpaid loan in itself is not a reason to restrict travel. For a restraining order, existence of enforcement proceedings for debt collection.

The very bank you owe can't restrict travel. To do this, the creditor must sue you, transfer the writ of execution to the SSP, and then require the bailiff to take such a measure.

Amounts of debt for non-departure

The amount of the debt for the adoption of a bailiff's decision to ban travel in one or more enforcement proceedings together must be at least 10,000 rubles.

Exceptions for admission abroad

Prohibition is a right, but not an obligation, of a bailiff. Whether it is worth applying such a measure to you, he decides on his own.

Since the bailiffs are very busy people, and the execution of the ban requires time and effort, they usually accept it only at the request of the exactor.

  1. Having a debt, even a big one, does not guarantee that you are blacklisted by the border guards;
  2. If it is very necessary and refusal does not threaten with large losses, try to drive, perhaps the bailiff did not reach your hands;
  3. If a very good reasons(death, serious illness of a relative), the management of the SSP department has the right to meet halfway and lift the travel ban;
  4. It should be remembered that revoke the ruling the bailiff has the right and without any reason. So it is always possible to include the human factor;
  5. Bailiffs have the right to restrict departure for no more than six months with one decision. When its validity expires, the bailiff writes a new one. But usually this is not done on the day, but after a couple of weeks. Is quite real slip through into this window. In any case, you will be allowed back to your homeland without any consequences;
  6. The most common way to bypass the ban is − leave through Belarus. The border between the Russian Federation is not guarded in any way, there are no posts there. Having left for a brotherly country, you have the right to go further wherever you wish. The border guards of the two countries do not have a common database on travel restrictions, and so far there are no legal grounds for its creation. If you are not on the international wanted list, everything will work out. And they don’t start an Interpol search for debts;
  7. If on hand , it 's easy to take a train ticket to and get off at ;
  8. When the purpose of the trip is the countries of Asia, choose the next one to another region of the Russian Federation through Kazakhstan. Get off at Petropavlovsk.

Departure from Russia foreign citizens regulated by N389-FZ, art. 28. If a foreigner owes money in Russia, his departure is also entitled to be restricted.

How to check what you owe?

To find out if you are allowed to travel abroad, you can contact the Border Guard Web Reception. Fill out the form, send a request. True, nothing is said about the time and guarantee of receiving a response on the resource.

There, it will not be a computer that will answer you, but living people, since the request is written in the form of a statement that the answer does not speed up.

Wait, find out your debts and take action to their elimination. You still have to give.

Find out your tax debt online

To find out the tax debt online, you need to register on the official website FTS. When registering, you need to know your TIN (tax number). You can find information on this service on the following types of taxes:

  • On the earth;
  • On the personal income;
  • On the property;
  • Transport tax.

Familiarization through the public services portal

Information about unpaid taxes, fines imposed for this, and accrued penalties is received on the portal public services. To register there, you need to know your SNILS, have an email address or a mobile phone serviced by an operator from the list on the site.

Information from bailiffs

To find out about debts of all types, for which enforcement proceedings have already begun, contact the office. website FSSP Russia. Enter your personal data under the heading "IP Data Bank" and get a complete list of debts.

At the office FSSP website is phones of bailiffs responsible for each of your debts. You probably know them from the reminder letters that came to your apartment. However, it is not recommended to contact the bailiff himself to find out whether he issued a decision to restrict the right to leave.

If he couldn’t stand it, then after your call or visit he will definitely endure it. Because he is the face interested receive interest from you after collecting the debt. Better quietly, without attracting attention, to find out about the same in the office of the SSP.

Repayment terms

Pay the debt at the border or immediately before departure - losing option. According to all bureaucratic canons, no less than two weeks will pass from depositing money into the cash desk to being excluded from the black lists of border guards. Naturally, all tickets, vouchers and plans will burn out, no one is obliged to compensate your losses. Even a certified copy of the bailiff's decision to lift the ban on the checkpoint will not give anything until your data is officially removed from the list in accordance with all the rules of the FSB.

Next to your debts at the office. FSSP website placed requisites for which you can pay. They can also be found directly in the SSP department.

After payment, a copy of the payment document immediately take the bailiff. Get it from him a copy of the decision to lift the restriction to leave the Russian Federation, certify it with a senior bailiff with an official seal. Check with the bailiff for the deadline for sending the document to the border service and wait. The procedure for lifting the ban will definitely not take less than 10 days.

Here are a few tips to help you avoid the prospect of ruining your vacation or disrupting your business trip:

  • View FSSP website should be done regularly. Bring the shortcut to your monitor and click periodically. You will always be in the know;
  • The same operation should be done with the office. the site of the site of justices of the peace, to which you belong territorially. Check the rubric periodically "Courtwork" by entering your last name. So you will know about the debt even before it gets into the SSP;
  • Bear good relationship with his bailiff. He is also a man, and nothing in this regard is alien to him. If the debts are of such size that it will take years to repay, you will have to turn to him repeatedly;
  • Don't remind yourself bailiff unless absolutely necessary. Remember the proverb about a lying stone. Perhaps he was too lazy to write or extend the ill-fated resolution, and the creditor did not guess to demand it;
  • If you are sure that the debts were attributed to you in vain, with malicious intent or negligence, your first assistant is prosecutor. It is not difficult to write a complaint to the local prosecutor and drop it in the mailbox;
  • You can also file a complaint through the website of the regional prosecutor's office. It's free and hassle-free. Then the process will go by itself.

  • Pay off your debts as soon as possible. The need to travel abroad may arise unexpectedly, you must always be prepared for this option.

Every year, bailiffs issue several hundred thousand orders to restrict the movement of non-payers outside. Gradually, the legislation on debt collection measures is becoming more severe, and the number of decisions made to restrict travel abroad is growing year by year. These preventive measures can greatly overshadow a long-awaited vacation for many.

We will tell you in this article about how not to get on the list of people not allowed to travel abroad, what to do if you are still among them, and how to go abroad being not allowed to travel abroad.

How can you be among the banned

There is only one way to get on this ominous list, after a court decision is made, the case is transferred to bailiffs for enforcement, the bailiff issues a decision “On Restricting the Movement of a Non-Payer” and sends this decision to the Border Guard Service of the FSB of Russia. That's all, now you are on the black list and they will not let you go abroad.

In other words, if your taxes have not been paid, your bank loan, rent, alimony, fines and other obligatory payments have not been repaid, and a court session has already taken place at which you were ordered to pay off the debt, but you have not paid it off, then your case has been transferred for execution in the bailiff service (FSSP).

And no one else and in no other way can not let you go abroad! No matter what collectors and other pre-trial collectors say, they have no such right. All they can do is intimidate, in extreme cases, take the case to court, and this only happens with large debts that have not missed the statute of limitations. The limitation period for debts is three years, three years from the date of each amount of payment (debt).

What does it mean?

For example, you have a debt to the bank, under the contract you must make payments every month, and so, the limitation period of three years in this case will be counted from the date of each individual payment.

How not to be released abroad

Here everything is simple - on the border. And getting a visa by you does not give absolutely any guarantees, that is, the state to which you are going on vacation issued a visa to you, and our border guards will not let you out.

The situation could be dire. Tickets and hotel paid, well, or vouchers, you arrived at the airport or to the border of the Russian Federation already looking forward to the upcoming vacation ... and here our border control will turn you back. Whether you are a debtor or not, border guards check at all border checkpoints against a common database.

How to protect yourself from not traveling abroad

The best way to protect yourself from a surprise at the border is to check your status with the FSSP in advance.

You can do this in several ways:

Firstly, you can find out about the presence or absence of debt and the presence of a ban on traveling abroad in the bailiff department at the place of registration. But this is a long and dreary business;

Secondly, information about the presence or absence of debt can be obtained free of charge, in just ten seconds, through the online service, on the basis of bailiffs, on the official website of the FSSP, in the section "Data Bank of Enforcement Proceedings". On the page, in the columns, you must enter the last name, first name and select your region of registration or residence.

If you still found your name on the service, and the amount of debt:

1. for claims for the recovery of alimony, compensation for harm caused to health, compensation for harm in connection with the death of a breadwinner, property damage and (or) moral damage caused by a crime, exceeds 10,000 rubles;

2. for other claims, if the amount of debt under the executive document (executive documents) is 30,000 rubles or more,

then you already have something to worry about! You need to find out if there is a ban on traveling abroad, if there is one, then you will need at least a few weeks before the upcoming trip to resolve the situation.

How to do it?

First of all, you should immediately contact the bailiff in charge of the proceedings (as a rule, the FSSP department and the name of the bailiff are indicated in the database of proceedings). The bailiff will be obliged to provide information on the basis of which writ of execution and court decision the debt was formed, which led to the travel restriction. Also, the bailiff can get details for paying the debt. Well, pay the debt. And even after that, we don’t recommend going on vacation right away, the fact is that it takes time for the bailiff to credit the payment and cancel the absence from the house, in practice - at least two weeks.

If, for some reason, you do not agree with the resulting debt, then there is only one way out - to try to restore the deadline for appealing the court decision.

All these tips are suitable for those who at least guess about their debts, well, or know, however, in our country, sometimes just ridiculous incidents happen ... sometimes check yourself in the database.

But what about those who found out about the debts at the green corridor at the airport?

Alas, tickets and reservations in this case will burn out, burn out forever. The only thing that can be advised in this case is to file a claim against the FSSP Department and the Ministry of Finance of the Russian Federation, with a certificate of refusal to cross the border due to debt, and also to prove the absence of any debts. Or, if the debt has been repaid, attach a document confirming the timely repayment of the debt. The debt must be repaid at least 2 weeks before the date of departure, otherwise they will refuse.

The last rule also applies to cases where the debtor repaid the debt in a timely manner (in one and a half to two months), but due to bureaucratic red tape, he was never struck out of the list of those not allowed to travel abroad.

What about those who cannot or do not want to pay, and the vacation is already on the nose?

There are several ways here:

1. We agree with the bailiff

With a personal visit, we go to the bailiff, in whose proceedings the case is, to resolve the situation, so to speak, “in our own way”, and the possible temporary removal of the travel restrictions. Yes, you can try to do this, and in practice it works, we personally know bailiffs who, at a big request and for a couple of thousand rubles, temporarily remove travel bans. But then again, everything here is individual and depends on the bailiff. It’s good when the bailiff is a young guy, as a rule, they don’t refuse extra money for carousing.

You can convince the bailiffs with assurances that the debt will soon be repaid or in the urgent need to travel in connection with accompanying the patient for treatment abroad, or in connection with the organization of the wedding of close relatives, the birth of family members, funerals and other events of a personal family nature .

2. Leave through Belarus

Another way is that we go abroad through Belarus. The entry of Russians into the Republic of Belarus is free and is not checked at the border.

In 2015, agreements were signed between the Russian Federation and Belarus on the creation of a common base, according to which both countries will not release debtors for alimony, loans and housing and communal services debts. However, in practice, there is still no mention of specific dates for the implementation of the agreement and is unlikely to appear in the near future, so this exit route is still open for citizens who are not allowed to leave. How long it will last - we do not know, we advise you to check before the trip.

Many Russians planning a business or pleasure trip abroad seriously consider whether they are allowed to leave. But to find out about it, you need to go through a long bureaucratic procedure. That is why many are wondering: how to find out online if they will let me go abroad. After all, with the help of the Internet, you can significantly reduce time costs.

Who is considered to be ineligible

It is forbidden to leave Russia for persons who have, enterprises or other people. The nature of the debt does not play a role, it may be non-payment:

  • utility bills;
  • child support;
  • bank loan and so on.

There are no restrictions on the amount of debt.

Thus, a court decision on a travel ban is necessarily preceded by a decision that the debtor is obliged to pay a certain amount of the debt. To clarify your debt obligations, we recommend using the reliable and proven service of our partners.

According to the current legislation, he can voluntarily pay off his debt. Otherwise, information about the existing court decision is transferred to the bailiff service, who also first offer to pay the debt on their own. And only in case of ignoring the legal requirements of the bailiffs, they begin the procedure for the enforcement of debt collection. And if a person evades payment, then various sanctions can be applied to him, including those that do not let him go abroad.

Since the domestic judicial system is far from perfect, often a person does not even know about the existence of an absentee court decision against him. After all, subpoenas may be lost in the mail, or the debtor may not live at the place of his registration. Therefore, many people have a quite reasonable question: how to find out for sure whether they will let me go abroad via the Internet.

Government Services Portal

Another option is to use the Unified Portal of Public Services. The procedure for working on it is the same, you just need to create a personal account, which, by the way, can be useful for other purposes.

And yet, in order to obtain the most complete and accurate information, it is recommended to personally visit the bailiff service at the place of your registration. You need to have a passport with you, and then the employees will give an answer about the presence in their proceedings of court decisions regarding the person concerned. In addition, you can send a written application to the local police department. The answer comes within a month. If you want to get information quickly and without contacting government services, you can use a reliable and trusted

Travel restrictions

Every day more and more people appear in our country who express a desire to go abroad. The goals are different: some want to go on vacation and expand their horizons, others need to see relatives or friends who have moved to live in a foreign country, and still others need to leave for work or some other business. But, unfortunately, some of those leaving are faced with a very unpleasant fact: when passing through passport control, they find out that they are not allowed to go abroad. These people, as they say, are not allowed to travel abroad.

Reasons for travel ban

Why is this happening? There may be several reasons why an ordinary law-abiding citizen is not allowed abroad: an unpaid fine or taxes, the presence of alimony, rent arrears, an outstanding loan. In other words, any financial obligations. And remember that if you have any debts (even very small ones), then you will not be released from the country.

An unpleasant surprise

Oddly enough, for many, the news that there are any financial burdens is a big surprise. And in order not to be “rejoiced” at such a surprise, you should ask yourself before the trip: “How do I know if they will let me go abroad?”

Be aware

In order to find out the answer to this question, you need to perform a few simple steps, which, moreover, will not take you much time. So, if you are thinking about how to find out if they will let me go abroad, then here is what you should do:

Some statistics

It is much easier to think about how to find out if they will let me go abroad and follow the above recommendations than to become one of those who find out that he is already at the border. According to FSSP statistics, every year a travel ban is issued for more than 250,000 debtors. But due to the fact that most of them bother to check whether they and their relatives will be released abroad, they can correct the gloomy prospect in their favor: pay a fine, pay off a debt, pay off a loan, etc.

And what is the result?

And yet, for some reason, not everyone asks the question of how to find out if they will let me go abroad. And those who neglect this because of their own laziness or the belief that they have no debts, or for some other reason, are doing very wrong. It is not just that there is a folk wisdom: “Forewarned is forearmed”. Therefore, before the trip, be sure to insure yourself, and then when traveling abroad, nothing will come as a surprise to you.

Many people prefer a comfortable stay abroad: the warm sea, the subtropical or tropical sun and the exotic attract with their accessibility. However, not everyone knows that in some cases the right to travel outside of Russia may be limited. There can be many reasons for the prohibition to leave the Motherland - from banal debts on housing and communal payments to access to state secrets.

Why border guards may not let you rest, how to lift the ban and get permission to travel abroad - I will talk about it in this article.

Travel ban. General rules.

According to the current Federal Law "On the procedure for leaving the Russian Federation and entering the Russian Federation", there is a list of reasons in the presence of which it will be very difficult to leave the borders of Russia.

These reasons include:

  • Access to information constituting a state secret.
  • Service in the armed forces on conscription or alternative service.
  • The status of a suspect or accused of a crime, the current criminal punishment.
  • The presence of unfulfilled obligations imposed by the court.
  • Clarification of the fact that during the execution of documents for departure, a citizen provided deliberately false information.
  • Service in the FSB (and now, since 2015, and the Ministry of Internal Affairs!).

This list includes general grounds that may prevent travel abroad. In addition, it must be taken into account that the travel ban is always temporary, no one can be deprived of this right for life.

I will talk about the timing of the ban on crossing the border in one case or another.

Are debtors prohibited from leaving?

Above, I have listed cases in which it is impossible to leave Russia - the Border Guard Service will simply refuse to cross the border. Citizens are aware of most of these grounds - for example, when signing an employment contract or joining the FSB, the employee is informed about the ban on foreign holidays separately, under a personal signature. Similarly, in the case of bringing to criminal responsibility, assigning the status of a suspect or accused.

The situation is more complicated with persons who have debts, the existence of which is confirmed by the court. At risk are citizens in respect of whom there is a court decision on the collection of debts from them (for example, debts for housing and communal services, etc.).

According to the current legislation on enforcement proceedings, if the debtor does not execute the court decision without good reason and does not take measures to pay off the debt, the bailiff has the right to issue a decision on a temporary restriction on exit from the Russian Federation.

This document is sent to the Border Guard Service, and its validity period is 6 months. If, after six months, measures to repay the debt are also not taken, the measure may be extended for the same period.

The law defines the minimum amount of debt, in the presence of which this measure is applied to debtors - 30,000 rubles (amendments to laws came into force in October 2017, the amount was increased 3 times), but the rules of law stipulate separately that it is possible to ban travel by court decision , and according to the claimant.

A debt of 30,000 rubles can be aggregate, based on several court decisions and in favor of several claimants. The subject of execution can be anything - from a fine imposed by the court to a large loan outstanding on time (see).

Note of a lawyer: if you are refused to cross the border on this basis, no one will return the money spent on tickets and a ticket - all losses fall on the shoulders of the debtor!

How to go abroad with traffic fines?

According to the norms of the legislation on enforcement proceedings, the grounds for applying measures in the form of a ban on leaving Russia are the debtor's failure to pay the debt established by a judicial act, without good reason.

As you know, when a fine is imposed by the traffic police, a decision is issued in the case of an administrative offense - a document that, in essence, is not a judicial act.

However, travel abroad may be limited and non-payers of fines. This measure applies in the following cases:

1) The total amount of unpaid fines is 30 thousand rubles, or 10 or more enforcement proceedings have been initiated against the debtor, the essence of which is the fine of the State traffic inspectorate.

2) Since the decision of the traffic police is not a judicial act, a temporary restriction on departure can only be established on the basis of a court decision on the application of such a measure to the debtor. The initiator of the judicial consideration of such an issue can be both the bailiff and the authorized traffic police officer.

It should be noted that a court decision on a travel ban for a non-payer of fines is also sent to the border control authorities.

Accordingly, the removal of such a restriction may take a longer time - you will additionally need to go through the procedure repeal of the ban by court order.

IMPORTANT!
To avoid being detained at the border due to traffic police fines, check and pay them as soon as possible. In the material "we have selected the most relevant / quick / convenient options and conducted a small analysis.

Travel ban with children.

Special rules are established by law for minors crossing the border. So, if a child goes abroad with one of the parents, in general, permission from the second parent is not needed. However, the second spouse, in case of disagreement, may prohibit the child from traveling abroad by writing appropriate applications to the FMS or border control authorities.

Again, some countries, upon entry, require the permission of the second parent for the child. Or often it is necessary when applying for a visa, therefore, so that you are not turned back from the plane - issue notarized permission of the parent to travel.

If the spouses are divorced.

If the parents are divorced and the child lives with the mother, then when planning a trip outside of Russia, you must obtain permission from the father. Otherwise, the border guards will refuse to leave the child.

Obtaining such permission is very simple - you just need to contact a notary who, in the personal presence of both parents, will issue a document in the prescribed form.

✔ Single mothers.

The situation is more complicated with single mothers and in the case when the location of the second parent is unknown. Unfortunately, if the parent in hiding is not , travel abroad will not be possible.

Departure for employees of the Ministry of Internal Affairs and civil servants.

As mentioned above, a number of executive authorities and law enforcement agencies restrict their employees from traveling outside Russia. Typically, such prohibitions are due to the preservation of state security, the rules of law governing the restrictions associated with the performance of civil service.

As a rule, such a ban remains for the entire duration of the service contract, and sometimes for a certain period after dismissal. In a number of structures there is also a list of foreign countries, travel to which is possible upon the report of an employee to the commanding staff.

✔ The situation in Ukraine and the ban on the departure of security forces.

The difficult situation in Ukraine, the escalation of the conflict between the Eastern and Western worlds have led to a ban or limited travel abroad for the following categories of citizens:

  • Interior Ministry employees.
  • FSKN employees.
  • Employees of the prosecutor's office and the investigative committee.
  • Judges.
  • Persons who fell under the "sanctions" pointwise: deputies, politicians.

This limits the right and freedom of movement, but my opinion is correct.

Video

The plot of the TV channel "Rain": The ban on the exit of employees of the Ministry of Internal Affairs. Investigate how employees circumvent restrictions.