What supervisory body does bailiffs have? Who controls the work of bailiffs? Reasons for complaints against bailiffs, where to complain and how to do it correctly

GENERAL

PROSECUTOR'S OFFICE OF THE RUSSIAN FEDERATION

NOTE

12.05.2009 № 155/7

On the organization of prosecutorial supervision over the implementation of laws bailiffs

In order to increase the efficiency of prosecutorial supervision over the implementation of legislation regulating the activities of bailiffs, in connection with the entry into force Federal Law dated 02.10.2007 No. 229-FZ “On Enforcement Proceedings”, as well as amendments to the Criminal Procedure Code Russian Federation, guided by Art. 17 of the Federal Law “On the Prosecutor’s Office of the Russian Federation”,

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1. Deputy Prosecutor Generals of the Russian Federation, heads of main departments and directorates of the General Prosecutor's Office of the Russian Federation, prosecutors of constituent entities of the Russian Federation, cities, districts and other territorial prosecutors shall ensure proper prosecutorial supervision over the execution of laws by bailiffs.

1.1. Through prosecutorial response measures, ensure strict compliance by bailiffs with the requirements of the current legislation on enforcement proceedings.

1.2. During inspections of the implementation of laws in the activities of bailiffs Special attention pay attention to the principles:

legality of decisions made;

timeliness of execution of enforcement actions and application of enforcement measures;

respect for the honor and dignity of a citizen;

the inviolability of the minimum property necessary for the existence of the debtor-citizen and members of his family;

correlation between the scope of the claimant's claims and enforcement measures.

1.3. Carrying out prosecutorial supervision, in particular when checking complaints about unlawful actions (inaction) of bailiffs, study pending enforcement proceedings in the divisions of the bailiff service at their location. Eliminate facts of their seizure and submission to the prosecutor's office.

1.4. When considering appeals about violations of the legislation on enforcement proceedings, carefully check all the arguments of the applicants, make wider use of the powers of chief and senior bailiffs to cancel illegal decisions of subordinate bailiffs. In cases where the chief and senior bailiffs did not check the legality of the appealed decisions and actions (inactions) of subordinate bailiffs, forward to them the complaints of citizens received by the prosecutor's office, monitoring the results of the review.

1.5. Do not allow complaints to be submitted to the bailiff service to be considered in accordance with Art. 124 Code of Criminal Procedure of the Russian Federation. Based on the results of consideration of each such complaint, make a decision on its full or partial satisfaction or refusal to satisfy it.

1.6. In order to restore the violated rights of citizens, apply comprehensive measures of prosecutorial response both to bailiffs and to persons who do not comply with their legal requirements and impede the implementation of court decisions.

1.7. Pay attention to compliance with the law when territorial bodies of the Federal Property Management Agency and specialized organizations organize the sale of debtors’ property seized by bailiffs, conduct a competitive selection of persons selling seized property, and conclude agreements with them.

1.8. When exercising prosecutorial supervision over organizations selling seized property, check compliance tax authorities established by Art. 77 Tax Code The Russian Federation is obliged to obtain the prosecutor's permission to seize property, as well as the established conditions for seizure.

1.9. When violations are identified, submit proposals for their elimination to the chief bailiffs of the constituent entities of the Russian Federation, raising the issue of bringing the guilty bailiffs to disciplinary liability.

1.10. Bring protests to higher officials against illegal decisions of bailiffs.

1.11. In case of failure to comply with the legal demands of the prosecutor:

apply the provisions provided in Art. 45, 254, 441 of the Civil Procedure Code of the Russian Federation and Art. 198 of the Arbitration Procedure Code of the Russian Federation powers to apply to courts of general jurisdiction and arbitration courts with applications for recognition illegal decisions and actions (inaction) of bailiffs and compensation for damage caused by them;

bring cases about administrative offense, provided for in Art. 17.7 of the Code of Administrative Offenses of the Russian Federation (failure to comply with the legal requirements of the prosecutor).

1.12. When identifying signs of a crime in the actions of bailiffs to resolve the issue of criminal prosecution in accordance with the provisions of clause 2, part 2 of art. 37 of the Code of Criminal Procedure of the Russian Federation to issue a reasoned resolution on sending the materials of the general supervisory inspection to the investigative body.

1.13. Ensure proper prosecutorial supervision over strict compliance by investigators of the bailiff service with the requirements of criminal procedural legislation. In all cases of detection of violations, strive to restore the rule of law and resolve the issue of responsibility of the perpetrators. In your activities, be guided by the order of the Prosecutor General of the Russian Federation dated September 6, 2007 No. 137 “On the organization of prosecutorial supervision over the procedural activities of investigative bodies.”

1.14. Inform the General Prosecutor's Office of the Russian Federation about the state of supervision over the implementation of legislation on bailiffs and enforcement proceedings in reports on the results of work for the year.

2. In the General Prosecutor's Office of the Russian Federation, prosecutorial supervision in this area shall be assigned to:

to the Main Directorate for Supervision of the Execution of Federal Legislation - in terms of compliance with laws when bailiffs exercise their functions to ensure established order activities of courts, for the execution of judicial acts and acts of other bodies and officials, as well as law enforcement functions for control and supervision in the established field of activity;

to the Main Directorate for Supervision of Investigation - in terms of compliance with laws during the preliminary investigation of criminal cases initiated against bailiffs;

to the department for supervision of inquiry and operational investigative activities - in terms of compliance by bailiffs with criminal procedural legislation during inquiries in criminal cases;

to the Department for Supervision of the Investigation of Particularly Important Cases - in terms of compliance with criminal procedural legislation central office Federal Bailiff Service.

In the indicated divisions of the General Prosecutor's Office of the Russian Federation, annually summarize the state of legality and prosecutorial supervision in their part.

3. Recognize as invalid the instruction of the Prosecutor General of the Russian Federation dated January 6, 1999 No. 1/7 “On the organization of prosecutorial supervision over the implementation of laws when bailiffs exercise powers.”

4. Control over the implementation of this directive is assigned to the Deputy Prosecutor General of the Russian Federation in areas of activity.

The instruction should be sent to the Deputy Prosecutor General of the Russian Federation, heads of the main departments and departments of the General Prosecutor's Office of the Russian Federation, prosecutors of the constituent entities of the Russian Federation, cities, districts and other territorial prosecutors, who will bring its contents to the attention of subordinate employees.

Prosecutor General
Russian Federation

valid state
advisor

The actions of FSSP employees in fulfilling their assigned duties are subject to control based on the provisions of Article 19 of the Law on Bailiffs. It is carried out by the Prosecutor General's Office and lower-level employees of the relevant departments.

Regulatory regulation

Based on the provisions of Chapter 3 of Federal Law-2202-1 dated January 17, 1992. the duty to supervise the implementation of legislative acts by the services conducting operational investigations, inquiries and preliminary investigations.

In addition, there are various departmental acts that prosecutors must follow when exercising control functions over the implementation of legal norms by FSSP employees.

One of such documents is the instruction of the Prosecutor General's Office of the Russian Federation dated April 25, 1999. No. 19/38 “On measures to ensure prosecutorial supervision ... foreclosure on property for mobilization purposes,” as well as No. 155/7 dated May 12, 2009. "About the organization..."

What is meant by supervision over the work of FSSP employees and why it was introduced

Implementation control job responsibilities employees is one of the types of monitoring by relevant organizations of the fulfillment of legal requirements by service employees in the implementation of court decisions, in particular, confiscation of assets.

Employees of the prosecutor's office are vested with powers that give them methods of influencing service employees when they violate the powers and interests of various entities. This procedure increases the degree of confidence in the judicial system, improving it and developing the activities of employees, and also ensures law and order in the conduct of legal proceedings.

What are the supervisory functions?

The Prosecutor General exercises control over:

applying appropriate measures when making decisions or generating documentation;
taking into account statements drawn up regarding the actions of employees during enforcement actions;
the legality of confiscation of property objects;
completeness of application of measures when searching for the debtor;
maintaining documentation records.

In accordance with the Law “On the Prosecutor's Office of the Russian Federation” (hereinafter referred to as the law), its employees perform control functions over the fulfillment of requirements legislative framework performers in the performance of their duties.

Supervisory measures over the activity of service employees are carried out over:

ensuring the protection of litigants and its operations;
the quality of preparation of premises for conducting legal proceedings;
delivery of material evidence to court hearings;
execution of judge's verdicts;
requirements for taking testimony during hearings, persons avoiding appearance;
execution of legal provisions;
carrying out joint operations bailiffs and employees of other law enforcement agencies in relation to subjects in custody;
compliance with the regulated deadlines when fulfilling the orders of court verdicts.

Supervisory tasks over the actions of bailiffs

The main control functions are:

execution by employees of the rules provided for by law and applied within the scope of their official powers;
decisions made by service employees must comply with the provisions of the legislative framework in the field of execution of court decisions;
compliance with the legal rights of various subjects when implementing enforcement actions.

The objects of prosecutorial control include:

FSSP of Russia and its territorial branches;
service employees carrying out actions to implement court decisions;
administration of institutions involved in the execution of punishments and the application of coercive measures;
management of colonies, isolation wards and other places of restriction or deprivation of liberty.

Supervisory item

When implementing measures to execute court verdicts, the following actions are subject to control:

execution of court decisions and other government agencies;
compliance by authorities with the requirements of the legislative framework;
equal provision of rights for all residents of the country.

ATTENTION! Bailiffs are required to follow decisions made legal framework Russia, and not exceed the possibilities at your own discretion.

What powers does a prosecutor’s office employee have when performing control functions?

If violations are detected in the actions of FSSP employees, the prosecutor has the right:

gain access to any information;
require the provision of reporting data, necessary documentation, and supporting materials from the management of the service;
has the right to use in the event of an difficult situation other specialists determined by Article 21 of the Law;
call necessary persons to obtain information about the causes of the offense;
carrying out verification activities to determine the legality of the actions taken;
enjoy unhindered access to controlled premises and territories.

The powers of the prosecutor include:

making decisions on compensation for damage caused to persons during illegal measures;
release of subjects whose arrest was not carried out on the basis of the law;
taking part in legal proceedings ships different levels to protect the rights of people and institutions;
raising demands for possible bringing of violators to administrative or criminal liability.

Such powers allow for oversight of the legality of the actions of subordinate units.

Hosting an event

The effectiveness of the actions taken to implement the provisions of the regulatory framework bailiffs depends on the specific planning of measures determined by the staff of the structure.

ATTENTION! To organize work well, you must have high level knowledge of current legislation, as well as knowledge of the practice of its application. Therefore, employees of the structure constantly improve their skills.

For this purpose, assistant prosecutors or his deputies:

are provided with a regulatory framework, manuals and recommendations;
collected for the purpose of selecting and analyzing information;
an action plan is drawn up;
are provided with reliable data on cases of violations: collection, processing and storage of information during the investigation. Such information can come not only in the form of complaints and appeals from citizens or law enforcement agencies, but also as materials requested from various institutions, obtained during the implementation of control functions over compliance with standards in different areas civil society;
the list of activities may include verification actions against organizations or entities to identify offenses;
analytical activities;
interact with other structural departments of the service;
prepare reports on the actions taken.

Enforcement measures

When conducting verification activities, the following actions may be applied:

protesting regulatory documentation that contradicts Russian legislation;
filing claims with the relevant authorities at various levels to protect the rights of affected people;
initiating cases of abuse of power by FSSP employees.

IMPORTANT! When determining measures of influence, the prosecutor has the right to be guided by the norms of the Law and acts of the Prosecutor General's Office and proceed from legitimate considerations in eradicating offenses, taking into account the prevailing conditions.

Supervision over the legality of the official activities of executors of court verdicts is an important function of the social and legal life of the country's population. The overall peace of mind of citizens and the quality of their life in the state depend on the quality of detection of crimes and the speed of response to them.

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The Judicial Department under the Supreme Court of the Russian Federation raised before the Council of Judges of the Russian Federation the question of the legality of prosecutorial checks carried out in the system of the Judicial Department. In particular, prosecutors check employees of regional SD departments for their compliance with anti-corruption legislation. According to the SD, supervision over his work is not at all within the competence of the prosecutor's office.

As stated in the certificate submitted to the Council of Judges, the heads of the regional departments of the Judicial Department report to Moscow about the prosecutor's inspections carried out by them. Most often, prosecutors check whether anti-corruption legislation is being implemented, as well as the rules for holding defendants in temporary detention cells in courts.

As stated in the certificate, “during the above checks in the courts of general jurisdiction and the Judicial Department system, there are cases of additional verification by the prosecutor’s office of the organization of the state civil service with access to personal files... and other documents containing personal data.”

According to the SD, by conducting such checks, the prosecutor's office exceeds its legal powers. So, in Art. 21 of the Law “On the Prosecutor's Office of the Russian Federation” (see) provides an exhaustive list of objects of prosecutorial supervision, which does not include the Judicial Department. The law states that the prosecutor's office, in particular, oversees compliance with the law in federal executive bodies. However, according to the Judicial Department, this norm does not apply to the SD and its territorial bodies, since they “are not state executive bodies.”

In support of its position, the SD refers to clause 1 of Article 1 of the law “On the Judicial Department under the Armed Forces of the Russian Federation” (see), where the SD is called “federal government agency, providing organizational support for the activities of... courts, bodies of the judicial community, as well as funding for justices of the peace." At the same time, all bodies of the Court Department, the certificate says, "are designed to help strengthen the independence of the courts and the independence of judges."

From all of the above, the Judicial Department concludes that the prosecutor’s office is not authorized to monitor compliance with the law in the Judicial Department, as well as in courts of general jurisdiction.

Let us remind you that prosecutors not only conduct “anti-corruption” checks in the institutions of the Judicial Department and the courts, but also sometimes report on their results in the press. For example, in August 2010, we reported that similar checks were carried out in the SD department and court administrations in the Tyumen region. Then prosecutors convicted a number of employees of the local judicial department and court administrators of submitting false information about their income and other violations, as a result of which 11 people were punished.

The decision of the Council of Judges on this issue has not yet been announced. However, on Thursday, speaking with the press after the next meeting of the Council, the topic of prosecutorial checks was commented on by the Chairman of the Supreme Court of the Russian Federation, Vyacheslav Lebedev, and the Director of the Judicial Department under the Supreme Court of the Russian Federation, Alexander Gusev.

When asked whether the prosecutor’s office has the right to inspect the bodies of the Judicial Department, Vyacheslav Lebedev replied that “an SD employee is not a judge, he has no status and no special procedure for bringing him to justice, including criminal liability. Well, what will an employee of the Judicial Department argue , if the prosecutor has a reason and basis to check whether to initiate a criminal case or not?”

After this, the head of the Supreme Court called Alexander Gusev and asked him to give his comment. “The point,” said Gusev, “is that the prosecutor’s office checks the condition of the guard premises, premises for storing material evidence. Actually, the discussion was about the procedure for joint inspections of the Prosecutor General’s Office and the Judicial Department. We would like to reinforce the position of the Council of Judges on how to carry out these inspections ", nothing more. This is the right of the Prosecutor General's Office, we treat it with great respect and do not argue about anything."

The work of bailiffs is entirely controlled by the state and the legislator. Federal Law dated July 21, 1997 No. 118-FZ “On Bailiffs” determines all aspects of the activities of this organization. At the same time, it is established that there is a senior bailiff who supervises and controls the work of his subordinates.

Bailiffs quite often recover damages caused by the car owner as a result of an accident.

Who exactly controls the work of bailiffs?

Senior bailiff - he is the immediate supervisor of all bailiffs. If bailiffs work irresponsibly or do not fulfill the set requirements, and sometimes exceed their authority, this is a reason to write a complaint to the senior bailiff. In fact, this most often works, which allows you to get positive results;
If you are dealing with a crime in the form of bribery, then you definitely need to stock up on evidence, and then submit an application to the prosecutor's office. Most often, the prosecutor's office immediately begins the process of examining documents, conducts an investigation, and such a bailiff is very quickly brought to justice;
The Main Directorate of the FSSP of Russia is the highest authority where you can turn if the bailiff and senior bailiff have not changed the tactics of their behavior and are violating your legal rights and interests.

Features of the work of bailiffs

In principle, bailiffs deal exclusively enforcement proceedings, that is, collection Money from debtors. Thus, it becomes clear that the activities of these employees often require drastic decisions. Not everyone likes such decisions; it is for this reason that, often, complaints are filed against bailiffs that do not correspond to reality. In principle, senior bailiffs have to deal with all complaints of this format. They are the ones who carry out the process of working investigation, check the cases handled by one or another bailiff in order to subsequently accept correct solution regarding the quality of work and adequacy of behavior.

Upon taking office, the bailiff undertakes to comply with all legal regulations. If the bailiff violates them, then in this case, administrative responsibility will be formed. If the violations are serious, even criminal liability may be formed.

The activities of bailiffs are monitored in great detail. In every city, region and region, there are higher authorities - the FSSP departments. So, if necessary, you need to write complaints up the ascending hierarchy of this system. But first, it is best to contact the senior bailiff (the immediate management of the bailiff). Practice shows that such appeals, as a rule, produce results, and the senior police officer brings order to the actions of his subordinates.

Bills must be paid, but the debtor must also be billed with all politeness. Several years ago, a law was passed that prescribed the rules for debt collection. And bailiffs were given the authority to monitor the work of collectors.

IN last years The word collector began to evoke the most unpleasant associations. This is rudeness, threats, even crimes, as if monsters were specially recruited for such work.

After the new rules came into effect, a lot has changed in the market. Official collectors are business people who are obliged to act within strict limits. Communication with the debtor is strictly regulated, importunity is punishable. Even calling at an inopportune hour already threatens the collector with a fine.

However, according to experts, the “fallen banner” was picked up by some bank employees who believed that the rules did not apply to them.

Signals about tough bankers have already begun to arrive from many regions. Moreover, bankers-collectors pressed not only on debtors, but also on state organizations. In the Moscow region, once a certain F., an employee of a well-known bank, pestered one of the district courts with endless calls for several months. By and large, it was not the judges and court staff who suffered from his intrusiveness, but the citizens who could not reach the court by phone. Since the banker literally cut off all the phones.

But in practice, the question arose whether bailiffs have the right to hold bankers from debt collection units accountable. Now the Ministry of Justice proposes to resolve the issue in a radical way: not only collectors and bankers from collection services should come under the control of bailiffs, but in general everyone who is involved in debt collection on a professional basis.

The agency has developed a bill that generally reforms the debt collection system. For example, the initiative provides for mandatory pre-trial procedure debt settlement.

According to the Ministry of Justice, today more than 43 thousand organizations are engaged in the return of overdue debts, of which only 300 are collection firms

This means that if someone does not repay the debt, you must first formally contact him with an offer to pay off. If the debtor refuses or remains silent, then you have to go to court.

Also, according to the project, bankers, employees of microfinance organizations, and everyone involved in professional debt collection will be included in the register of the bailiff service and will be supervised by it. According to the Ministry of Justice, today more than 43 thousand organizations (43,350 to be exact) are engaged in the return of overdue debts. And all of them will have to be included in the register of bailiffs. So now it will be possible to punish building managers, pawnshop employees, and representatives of cellular companies if they do not treat the debtor too delicately.

If a person is not included in the register of the bailiff service, he will only have the right to write letters to the debtor. And send by mail.

Another interesting innovation: it is proposed to include in the law such a concept as an automated intelligent agent (“collector robot”). Some banks have already begun to use such programs, but even artificial intelligence will not be allowed to disturb the debtor at night; someone will have to answer for violations committed by the robot.

By the way, bailiffs refuted information about supposedly tens of millions of people not allowed to travel abroad that appeared in the press.

As told in Federal service bailiffs, as of November 1 of this year, there were 3.4 million orders on temporary restrictions on the debtor’s departure from Russia. Of these, 40 percent (1.4 million) were alimony debtors. Moreover, the number of people restricted from traveling abroad has even decreased slightly. As of July 1, there were 3.58 million people.