Checking the fines of bailiffs fssp. Service for checking debts to the FBS (federal bailiff service). How long does it take for the fine to be handed over to the bailiffs?

28.01.2022

In accordance with the law "On Enforcement Proceedings", employees of the Federal Bailiff Service create and maintain an all-Russian database of debtors.

It includes all citizens for whom a court decision has been issued and enforcement proceedings have begun. Each citizen can find out if he is in the database of bailiffs.

All you need is a computer and internet access:

  1. Go to the official site Federal Bailiff Service https://fssprus.ru/iss/ip and go to the "Search for individuals" section.
  2. Fill the form:"territorial authorities", select from the list the region, republic or region where you are registered, for example, "Vologda region".
  3. Enter your last name, name and patronymic.
  4. Fill in the "date of birth" tab in the “Date-Month-Year” format, if you did not enter information in this line, the system will still recognize you by your full name, data on the date of birth is entered in order to exclude matches for the same personal data.
  5. Click the "Search" button and duplicate the combination of numbers and letters from the picture (captcha).

The system will instantly check the data and issue an answer:

  1. "No results were found for your search."- rejoice, you are not in the database of debtors.
  2. A table appeared on the screen., where the number of lines corresponds to the number of productions - you have a court decision and you must pay the debt.

If, unfortunately, you still ended up in the base of enforcement proceedings of bailiffs, carefully examine the table on the screen.

It contains all the data that will help you sort out what happened and eliminate the debt as quickly as possible:

  1. Number enforcement proceedings and the date of initiation.
  2. Document Number, the date of its adoption and the body that issued the judgment.
  3. Subject of execution(utility payments, bank loan, traffic police fine, etc.).
  4. Surname of the bailiff who handles your case, and the address where the district office is located.

Immediately on the site, you can print information about the debt and go to the Federal Bailiff Service to find out your next steps.

How to pay online?

So, it turned out that you are a debtor, which means that soon the bailiffs can come to your house and describe the property, and if you decide to go abroad, this will be denied at customs. Therefore, it is necessary to pay off the debt as soon as possible.

There are several options for how this can be done:

  1. Using a printer display the debt receipt on the official website of the Federal Bailiff Service on paper and pay it through the bank's cash desk.
  2. Download the mobile app"FSSP" and pay off the debt through electronic payment systems.
  3. If you use a Sberbank of Russia bank card, go to your Sberbank Online personal account, select the "FSPP of Russia" service and pay, provided that there is a sufficient amount on your card.

Other Ways to Know Your Debt

If nothing was found at your request on the official website of the Federal Bailiff Service, but you are still worried and doubt that there are no debts, try to find information in other ways:

  1. By registering for Unified portal of public services.
  2. Turning to the territorial department of bailiffs in person.
  3. By downloading the mobile application“Data Bank of Enforcement Proceedings” through social networks, for example, “Vkontakte”.
  4. Owners of mobile handheld devices based on iOS, Windows Phone and Android operating systems, can use and install special applications. To do this, type in the search engine "FSSP". With the help of such applications, you can not only pay the debt through electronic payment systems, but also subscribe to receive information about the appeared debt. So you will always be aware of the entry into the database of bailiffs in time.

How long does it take for the fine to be handed over to the bailiffs?

The traffic police fine is perhaps the most common debt that bailiffs work with. And despite the fact that the amounts to be paid are usually small, once in the FSSP, your fine will increase by 7%. This is the so-called performance fee.

If you violated the rules of the road and received a fine for this, then you must pay it within 30 days. Otherwise, your debt will go to work with the bailiffs.

And after how many days he gets to them, depends on the work of the traffic police. The traffic inspectorate has the right to transfer the fine to the FSSP no later than 3 months after the decision is made.

After this period, the bailiffs simply will not accept fines, about which they will draw up an appropriate resolution.

  1. Going overseas, check if you are in the database of enforcement proceedings. Ignorance does not relieve you of responsibility, and you can be denied entry into Russia right at the customs.
  2. Since the payment of the debt it can take up to 30 days for bailiffs to receive a decision to lift your travel ban, so when going abroad, worry about paying off the debt in advance.
  3. Keep documents and receipts until you are sure that the bailiffs will not have any claims against you.
  4. Check data periodically by your last name in the database of enforcement proceedings via the Internet, sometimes a court decision can be made without you, which means you will be included in the list of debtors.

Get a lawyer's answer in 5 minutes

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 not set simply for the mere existence of an unpaid fine or other debts - it can only be applied to you 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 get to you 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. And 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 whether you have unpaid fines or some other debts, and want to know about it, then it is better to contact the bailiffs. There you can specify

To find out if legal proceedings have been initiated against you, to clarify issues related to the restriction of exit from the Russian Federation, and 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 online debt check form (the "Check Debt" button), in which you will already need to enter your data (by the way, the search is possible as for individuals and 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.

Living today with debts is very problematic: bailiffs will not give you rest if there are loans that are not paid on time, administrative fines, taxes, alimony and other debts. On any day after the initiation of enforcement proceedings, they can rush to your home or work, accompanied by police officers, seize bank accounts or property, stop on the road and seize your car to pay off a debt, spoil your vacation by imposing a travel ban outside of Russia...
How to find out your debt from the bailiffs, how to quickly pay it and live in peace?
We will help you in timely obtaining information about existing debts and their payment!

Enforcement proceedings

The bailiff initiates enforcement proceedings on the basis of a writ of execution at the request of the recoverer. In some cases, enforcement proceedings are initiated on the basis of a judicial act (court order), an act of other bodies and officials in cases of administrative offenses. The bailiff sends the debtor a decision on its initiation. The resolution provides the debtor with a period for voluntary repayment of the debt. As a general rule, the period for voluntary enforcement is five days from the date of receipt by the debtor of the decision to initiate enforcement proceedings. After this period, the bailiff resorts to measures for the enforcement of the debtor's debt. The measures that, in accordance with the law, bailiffs can use to collect debts are quite diverse.

    It could be:
  • arrest of the debtor's bank accounts and write-off of funds from them;
  • arrest of the debtor's property, foreclosure on it with subsequent sale;
  • restriction of the right to leave the country;
  • suspension of a driver's license;
  • initiation of a criminal case for malicious non-execution of a court decision.

In general, the consequences for a debtor who does not repay the debt during enforcement proceedings are extremely unpleasant.
Imagine the situation: you were going to have a rest abroad with the whole family, and when passing through passport control at the border of the Russian Federation, you were refused permission to leave Russia, because there are unpaid debts to bailiffs that you did not even suspect (for example, fines for traffic violations not paid on time ). The family will go on vacation, and you will stay? Or, on the contrary, will everyone refuse to rest? Tickets, hotels, excursions, transfers, etc. - everything will be lost, the money will be wasted, and the vacation will be clearly spoiled. This situation is quite common and very unpleasant.
We recommend that you take care of yourself and your loved ones in advance.
Checking the debt to the bailiffs is a necessary procedure that does not take much time, but subsequently saves a lot of nerves.

How to find out and pay the debt for enforcement proceedings?

    There are several ways:
  1. Difficult: you can personally visit the department (division) of bailiffs located in your city or district. If it turns out that there is a debt or a fine, then you will be issued a receipt, for the payment of which you will need to contact the bank. The money paid on the receipt will be credited to the deposit account of the department (subdivision) of the bailiffs, and then transferred to the claimant. This whole procedure will take a lot of time.
  2. Simple: you can find out the debt to the bailiffs on our website - use the service "Check the debt with bailiffs", - the easiest and most convenient way! The service allows you to find up-to-date information (we receive it directly from the Federal Bailiff Service of the Russian Federation) about debts to bailiffs by last name, first name, patronymic and date of birth. By filling in this data in the form, you will receive information about the existing debt.

You can pay the debt for enforcement proceedings and the existing fines immediately on our website, until the information on the amount of the debt has lost its relevance.
Learn and pay right now - it means to secure your future!
However, if you, after checking the debt, do not agree with the amount of the debt to the bailiffs or think that some actions or inaction of the bailiffs are illegal or unreasonable, committed by them in excess of their authority, then urgently contact to qualified and proven lawyers of the project "Debts and Bankruptcy"(http://dolgofa.com), which specialize in working with debts and protecting the interests of debtors and collectors, bankruptcy of individuals and legal entities.

About any debt, the amount of which must be recovered from the debtor, the bailiffs shall notify him in writing.

But there are times when a person is not able to receive letters from the bailiff service. This can happen if he does not live at the place of his registration, but is located at a different address, or maybe in another city. Then the performers simply cannot find the defaulter.

Dear reader! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call by phone.

It's fast and free!

But if a citizen suspects that he has some unpaid obligations, he can independently find out about their presence and size.

Who needs to check the availability of debt and when

Generally speaking, the presence of a possible debt should be checked by every conscious citizen of the Russian Federation.

Because, in addition to the fact that the very presence of unpaid debts is unpleasant, they can also entail detrimental consequences, such as:

  1. Restriction on travel outside the Russian Federation.
  2. Imposition of restrictions on registration actions with movable and immovable property.
  3. Seizure of movable and immovable property.
  4. Arrest of accounts in banking organizations.
  5. Announcement of the defaulter on the wanted list in the absence of the place of residence.

It is necessary to check yourself for the presence or absence of debts if you are planning a business trip outside of Russia or a vacation abroad. Otherwise, the journey may end at the airport before it even starts.

It is also advisable to check your integrity before the upcoming major transaction with a car or real estate. Indeed, there are cases when an administrative fine has already been paid, and it is still listed in the FSSP database, which means that the deal will have to be postponed.

It is important to know that all of the listed measures of influence can be applied to a defaulter only if his debt exceeds 10 thousand rubles. Otherwise, the imposition of these restrictions is illegal.

How to find out debt


There are a great many reasons for starting enforcement proceedings against debtors and evaders from paying certain debts. But not everyone who has them avoids paying off debts.

It often happens that people, for one reason or another, simply do not realize that they have any unfulfilled obligation.

Specialists of the Federal Bailiff Service have developed a special online service. It is aimed at ensuring that every citizen of the Russian Federation can check whether he has any debts.

And you can do this without leaving your home or without leaving your workplace.

To do this, you just need to have a computer and an Internet connection in front of you:

  1. In order to start searching for your debts, first of all, you need to go to the page of the official website of the FSSP, located at http://fssprus.ru/.
  2. Right on the first page on the left, a bright orange area immediately catches your eye with a large inscription "LEARN ABOUT DEBTS." It is on it that you need to click the mouse.
  3. There is a transition to the data bank of enforcement proceedings. At the beginning of the page there is a memo and a brief description of how to work with this service.
  • territorial authorities (it is necessary to select a region in which there is supposedly an outstanding debt), the choice here is mandatory;
  • last name (mandatory field);
  • name (required);
  • patronymic;
  • date of birth (format DD.MM.YYYY);

Although only the first three fields are required, it is recommended that you complete all of them. There are many quite common surnames and you can simply see not your debts, but the namesake.

After checking all the entered data, you must click the "Search" button and the system redirects to the next page, information about the debts in the database is displayed somewhere, or a message is displayed that no outstanding debts were found.

Currently, several more ways have been developed to find out about debt online. Now such an opportunity is available to persons who have an account in such social networks as Vkontakte and Odnoklassniki. This can be done using the application "Data Bank of Enforcement Proceedings".

You can do this with the help of various mobile devices. To do this, you need to install the appropriate application on the gadget by downloading it from the application store for a specific operating system.

The last two options make it possible not only to check debts once. They allow you to subscribe and receive online notifications of all changes that have occurred.

All changes related to the debt are received in the data bank located on the site within 3-7 days. Therefore, to clarify information about a possible debt, you can contact the bailiff service directly by phone or come in person.

The necessary addresses and contacts for each department can be found on the same official website. During a personal visit, it is better to immediately take with you a receipt for payment of the debt “hanging” on the site (if payment has already been made). Upon presentation, the bailiff in the presence of the presenter will be able to correct outdated information.

Payment of debts

If an individual (or legal) person nevertheless found himself in the ranks of debtors and decided to repay the non-payment in good faith, there are several ways to do this:

  1. You can come directly to the service of the joint venture and pay the amount of the debt in full or in parts to the executive officer responsible for this (the one in whose competence the collection of this debt is).
  2. You can print a receipt for making a payment directly from the "Data Bank of Enforcement Proceedings" service on the official website on the page reflecting debts.
  3. You can use various terminals or ATMs.
  4. The Sberbank Online service also provides such an opportunity; in your personal account of the Internet bank, you need to select "FSSP Services" and make a payment (no commission is charged).
  5. With the help of the mobile application "FSSP" in real time.
  6. It is possible (on the official website) to use electronic payment systems: Yandex.Money, WebMoney, QIWI, OPLATAGOSERVICE.RU and others.

What fines are transferred to bailiffs?

After the period established by law, information about all unpaid administrative fines by violators flows to the bailiffs.

In addition, this service gets information about unpaid. But the terms there are completely different, since much more time is given for payment: before November of the current year, you need to make a payment for the previous period, that is, in fact, the taxpayer has almost a whole year in reserve.

Other debts also fall to the servants, such as, for example, debts to various funds, on a loan or alimony, compensation for damage in cases where there is a court decision on the forced collection of the amount of debt from the debtor in favor of the plaintiff.

In accordance with the current legislation, an unscrupulous driver is given 60 days to pay fines for violating traffic rules, starting from the moment the decision on its entry into force begins. To this period, you can add another 10 days, during which the offender has the right to appeal against the fine issued to him.

Over the next 10 days, information about unpaid fines is transferred to the bailiff service. Thus, any fine not paid on time falls to them.

A writ of execution, for example, on the recovery of alimony, is transferred after the court session or if the plaintiff does not receive the first or subsequent payments.

Recovery in case of non-payment

Every year, bailiffs are given more and more powers and tools to collect debts from bad debtors.

At the moment they include:

  1. Prohibition to leave the debtor outside the Russian Federation.
  2. A person with outstanding debt may be put on the federal wanted list (if he does not live at the place of registration or is hiding).
  3. Imposing a ban on any actions with property that require registration with the relevant authorities (for example, registering or deregistering a car with the traffic police).
  4. Imposition on the property belonging to the non-payer with subsequent withdrawal and sale by holding an auction.
  5. Seizure of accounts opened in banks.
  6. Other enforcement measures.

Currently, a draft law is under consideration, giving the right to deprive debtors (whose obligations exceed 10 thousand rubles) from driving vehicles. But this law has not yet been adopted and it is not known whether it will come into force.

Restriction on travel abroad

A restriction on travel outside Russia may be imposed on a citizen if the amount of his debts exceeds 10 thousand rubles. But such restrictive measures can be applied not just because there is an unpaid fine. Such a ban may be imposed only after a relevant court decision.

In other words, an indispensable condition is first to hold a court session, about which the debtor must be notified and invited, but in case of failure to appear, the decision is transferred to the service of the joint venture and appropriate restrictions are imposed.

The current Russian legislation provides for a huge number of fines 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.

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

If it is established that a person who wants to leave the country has an unpaid tax, a fine, etc., then the person may simply not be allowed to leave 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 disadvantage 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 bases 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, it is always necessary to check for restrictions before taking responsible actions with one's own property.

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 the possibilities provided by law for the collection of debt to the state or local budget.

If all attempts by the tax authorities to force the payer to pay the arrears in tax payments within the time limits established by law cannot succeed, the Federal Tax Service prepares 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 if there are regulatory restrictions, border guards may simply not let them out of the country.

The most convenient service for checking debt online is the FSSP website. To obtain 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 bear criminal liability later. 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.

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  • is the Federal Bailiff Service (FSSP). Activities regulated by presidential decrees, acts of the Government of the Russian Federation, the Ministry of Justice, judicial authorities and Federal laws. CONTENT OF THE ARTICLE: Basic provisions Initiation of enforcement proceedings Enforcement measures Restriction on departure Inventory and seizure of property Restriction on registration actions Income , 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; formalization requirements; terms for presentation; reasons for suspending or completing enforcement actions; rights and obligations of the hundred ron, 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 could ut be held accountable. 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.Currently, 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 apply to the SSP at the location of the defendant or his property, write an application, attach an executive document (30 FZ. An executive document is an official paper on the basis of which the bailiff has the right to begin the implementation of compulsory measures. Chapter 2 defines the rules for registration, types of such documents. Art. 12 indicates 11 document types. In particular, these 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 PFR and the Social Insurance Fund; 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. An official issues 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 about; the date of the decision; production number; causes of arousal; decision; 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. Executive 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 executive 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. Exit 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). rubles, an unfulfilled non-property demand, an 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, a person will not be able to leave the country already with a debt of 10 thousand rubles .(67 p 2 FZ. 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 (80 FZ. The right of disposal 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. Such the 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 judgment (80 clause 1 of the Federal Law. When depriving a debtor of the right to use property, the arrested property is confiscated from the owner, transferred to storage Subsequently, it is sold at auction or transferred to the claimant.In this case, the arrest occurs 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 Articles 84, 85, 86, 87 and chapter 9 of the Federal Law, respectively.The 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 becomes clear 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 paragraph 2 of the Federal Law. An official, for example, is not entitled to seize a car for an unpaid fine in the traffic police. But to impose a ban on the right of the debtor to dispose of completely. Restriction on registration actions A person who refuses to voluntarily fulfill the requirement of a writ of execution will not be able to sell, donate, or inherit the seized property. The bailiff will send a notice of seizure to the advising authorities, providing a guarantee of the 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 benefits 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; acceptance by the court of a statement of claim for a deferment, 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 the implementation of 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 failure to comply with the decision, the bailiff, in accordance with Art. 112 FZ, will impose a monetary penalty on the violator (7%, but not less than 1 thousand rubles. Common causes of debt Statistics show that credit debts are most often the basis for starting production. 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 research institute of opinion polls. The second most common reason is alimony debts. According to the FSPP, in 2018, the number of alimony non-payers increased by 60% and amounted to more than 800 thousand people. the amount of alimony arrears is considerable - 100 billion rubles. Russian drivers of the traffic police owe almost five times less. In 2017, the debt of motorists in fines reached 21.6 billion rubles. Conclusion Federal Law 229 has been amended many times since its publication. was done three times, the last ones will come into force on July 31, 2018. They will affect Article 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 PFR 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 a judicial act or order, which the plaintiff (collector) receives after the entry into force of the court decision. 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 demanding their immediate execution, the IL is issued immediately after the decision is made (FZ 138 Code of Civil Procedure 428. You can present the 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 time missed for presentation by submitting an appropriate application to the court the authority that originally issued it, indicating a good reason for the pass and confirming it with documents (GPK 432, 23 FZ-229. In case of loss of IL, the recoverer can apply to the court for a duplicate. The court will accept the petition for consideration if the deadline for presentation has not yet expired (Code of Civil Procedure of the Russian Federation 430 clause 1. Within 10 days, the application will be considered and a decision will be made. All interested parties will be notified of the time and place of the meeting. Failure to appear will not be a reason to consider the decision made illegal During the trial, 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 executive document if issued before the entry into force of the court decision (FZ 138 Code of Civil Procedure, article 428, clause 4. If it is drawn up with errors and inaccuracies, for example, the debtor's passport data 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 matter. recoverable, is not more than 500 thousand rubles. The court order is an ID. (Code of Civil Procedure of the Russian Federation 121. The recoverer can independently apply to a banking, credit organization with an application to withhold funds from the debtor's accounts and transfer them to the current account using the specified details (Article 8, clause 1 No. 229. If the plaintiff prefers another method of recovery, then contact the bailiff service, possibly within 3 years from the date the verdict comes into force.If the court order is related to periodic payments, then presentation is possible during the entire period during which payments must be made.For example, an order received, with the requirement to withhold funds for alimony will be valid until the child turns 18 years old and for another 3 years after that. is an executive document, if notarized.In case of incapacity of one of the citizens en, the contract is concluded by a legal representative. An alimony agreement is a voluntary agreement between both parties, which specifies the amount to be paid, the terms and method of payment (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 agreement can also be terminated in court if infringed interests of a minor or incapacitated adult child (102.103 RF IC. An agreement signed by both parties, 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 collection of wages, payment of overtime, reimbursement of travel expenses, the employee, if it is impossible to independently resolve the conflict situation, applies for permission to the commission on labor disputes, 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 made by the commission comes into force after 10 days, if it is not appealed by the management, and must be satisfied within the next three days after that. one month you should receive a certificate from the labor commission, in order to then assert your rights with the help of a bailiff.You can apply to an employee of the FSSP 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 a bailiff can be restored approved by the labor commission at the request of the employee, indicating a good reason for the absence. Acts of regulatory authorities If an individual entrepreneur fails to pay tax fees, fines for late reporting and penalties, the Pension Fund (PFR and Social Insurance Fund (FSS) draws up an appropriate act on the forced collection of funds from a person engaged in entrepreneurial activities and sends it to the bailiff service. When In this case, if an entrepreneur can carry out activities without opening a current account, then 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 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 service s in the army, discharge of the debtor from the hospital or other reasons specified in Art. 40. In the event of termination of proceedings for the recovery of alimony under Art. 43 h. 2 p. 9 No. 229, a decision is issued by a bailiff to reimburse the debtor for performing expenses. Executive inscription of a notary Executive inscription of a notary (IN is put on a pledge agreement, a loan agreement, except for microfinance organizations, if it contains an additional agreement on the possibility of collecting money according to 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, makes a mark on the original (Article 89 Notary Law. Within three days, a notice is sent to the debtor. The executive inscription is placed at the request of the recoverer when all documents and a copy of the notification confirming the sending 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 and what do you combine them t? Final documents do not always have a property character and entail the recovery of funds or the 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 their core, all executive documents have one common characteristic: 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, decisions 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 claimant and the debtor, the details on which the recoverable funds are transferred, the claim itself, other information, in accordance with Article 13 of the Federal Law 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 Official website of bailiffs Base of enforcement proceedings of bailiffs bailiffs may limit some of the rights of the debtor until he repays the existing debt. Therefore, if you are going abroad, want to get a loan from a bank, sell a car or make another financial transaction, it would be useful to find out about problems with 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 to pay a civil claim; fines; credits, loans and loans. If you have received a writ of execution indicating the case number, you need to find out detailed information about the methods of repaying the debt, sanctions due to late payment, etc. For those who, for a number of reasons, cannot visit the department, the FSSP RF has launched an open database, with the help of which you can not only find out about the enforcement proceedings of bailiffs, its 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. By resolution 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 payment terms, 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. If the fine for violating the rules of the road is not paid on time, the decision to collect 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 decision to impose an administrative fine, he can find out the debt from the bailiffs by the number of the decision indicated in the postal item. 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 it will not be difficult to find out your debt by last name, number of the writ of execution or resolution. 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 only one digit, the system either will not find the necessary information at all, or will give it incorrectly. The database of enforcement proceedings of bailiffs Recently, the FSSP has placed on its official website an electronic database 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 OGRN; search for individual entrepreneurs by TIN and OGRN. 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 penalty. 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 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 of the state inspection are 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 the bailiffs before the buyer gives the money for the purchased car to its former owner, especially if the seller offers to buy the vehicle under a general power of attorney, and in no case agree to such a deal if it turns out that the re-registration vehicle has been banned. 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 on social networks Vkontakte and Odnoklassniki, where there is a list of bailiff 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 once a fine was imposed on him, someone left a small amount underpaid 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 use of the powers of responsible persons occurs as part of the arrest of the relevant objects and further sale at auction - the proceeds are used to pay the debt. recovery is characterized by individual characteristics - in some situations, certain positions may be omitted, in others new ones may be 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.Isolation of claims and requirements to the debtor – implementation of the pre-trial procedure for influencing the actions of the violator. 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, the financial institution is obliged to take measures to calculate 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 of the Labor Code of 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 of 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 omissions, 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 determines 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 liability 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 in relation to 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 requests from the immediate supervisor of the employee documents confirming the fact of a misconduct, and the penalty for such a situation. After considering the received materials, 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 the 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, on vacation, as well as the time required to identify the opinion of the trade union, if it is considered mandatory under the norms of labor legislation. 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 within 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, executive actions are suspended until the debtor is fully recovered or demobilized 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 date of last install ovlennogo year (16 paragraph 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 property turns out to be 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 established month. In this example, it is February 28 or 29 (depending on the year. It should be noted that the time is not considered to have elapsed if the necessary actions were completed before 24 hours (16 p 6. For example, the deadline for appealing the collection work ends on the 23rd. If the complainant files the complaint on the 23rd before midnight, then no time will be lost. The presenting person or authority must accept the document, consider and make an appropriate decision. Skipping and reinstatement Failure to comply with the deadlines entails liability and does not relieve from the fulfillment of the requirement (17 hours one . 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 clause 1 of the 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 the 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 can be restored. To do this, the applicant must submit an appropriate petition along with the complaint (18 clause 1. The superior person to whom petition, has the right to refuse the request if it considers that the absence 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 consideration of a citizen's appeal Consideration of a complaint about the work of a bailiff of a higher m by position by a person should not take more than 10 days (art. 126 . At the same time, it should be taken into account that the appeal takes place in the order of subordination, defined by Art. 123 FZ 229. As a rule, for greater efficiency, a citizen filing a complaint simultaneously with a similar application goes to court. If the court gives way to the case, the time for examining the complaint to the SSP will be suspended. The time for consideration of 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 of 10/10/2010. It will take 30 days to consider the appeal itself (12 No. 59-FZ. In special cases, this period can be extended up to 30 more. The applicant will be notified of the extension. The deadline for initiating enforcement proceedings The procedure for initiating proceedings should not take more than seven days. Three days are allotted to transfer to the bailiff an application and documents from the office of the SPP (30 clause 7 of the Federal Law 229. The same amount for the official to study the materials received and issue a decision to refuse or open proceedings (30 clause 8 of the Federal Law 229. 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 execution. In this case, the application, case materials are immediately submitted to the bailiff, who must accept the appropriate decision. The period in which the debtor is forced to fulfill the requirements of the ID is two months. Exception: the cases specified in Art. 36 p. 2-6.1 of Federal Law 229, the term is set in the ID. The calculation does not include the situations defined in Art. 36 p. 7 (suspension, postponement of enforcement measures. The limitation period for enforcement proceedings The interval during which the recoverer has the right to present the ID for the enforcement of the contained requirements. The ID with a limitation period of three years includes: writ of execution issued by the judicial authorities (calculated from date of entry into force of the 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 deadline was restored by the decision of the arbitration court. Acts of regulatory authorities (tax, the customs service, the FIU must be submitted for enforcement within a six-month period from the date of issuance (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 for administrative violations are presented no later than two years from the day entry into force. The longest statute of limitations has 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 date of entry into force of a court decision, act. 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 period, the delay expires (21 clause 9. In addition, the ID period can be calculated anew , and an unlimited number of times.According to Article 22, paragraph 1, its course is interrupted when: the creditor has set in motion the ID; the debtor has partially begun to fulfill the demand. The time before the interruption is not counted and receives a new reference point (22 paragraph 2. If the bailiff completes the proceedings and returns the document to the claimant due to the 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. Conclusion Knowing 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. The creditor is to monitor the correctness of the actions of the FSSP employees and take the necessary measures in a timely manner to obtain the desired result. "> Deadlines in enforcement proceedings
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