Who controls the bailiffs. Supervisory body of bailiffs General Prosecutor's Office of the Russian Federation

If citizens are interested in who the bailiffs are subordinate to, then they had to meet with employees from this department. It just so happened that for pleasant reasons they do not appear in life. Order at court hearings is ensured by these specialists. Without them, many judgments would not have been enforced. Who are bailiffs subordinate to? Usually the senior employee in the unit. Many provisions for their legal behavior in 1997 were established by Federal Law No. 118-FZ. In the legislative act, a hierarchical service ladder is distributed, where the subordination is indicated by seniority both within the structure and in relation to higher authorities.

Who is in charge of enforcement?

In Russia, there are employees of which are authorized to carry out the enforcement of acts emanating from the courts and various competent authorities. If the question arises, to whom the bailiffs are subordinate, then the answer to it is simple. The activity of the service is supervised and coordinated by the Ministry of Justice of the Russian Federation. Like any part of the legal system, it consists of various hierarchical branches, the lower of which are subordinate to higher authorities, where the territorial bodies are connected into a single system by the central office. For example, to whom are the bailiffs of a single unit subordinate? Definitely, a senior in rank, that is, a person appointed by top management to manage a particular unit.

Functions of the central authority

The central apparatus manages all services distributed throughout the territory of the Russian Federation, but the following officials are at the head of the department:

• director of the FSSP, he is also the chief bailiff;
• first Deputy;
• substitutes;
• assistants and advisers.

Within the central office, management departments have been created that are responsible for the work of structural divisions in each direction. They consist of departments, which are also divided into departments.

Duties of the director

The director of the FSSP is responsible for managing a complex and multifunctional system. During the period of management, the chief bailiff is obliged:

• allocate responsibilities;
• establish authority;
• organize activities in the central office.

From the director, the Ministry of Justice receives information on the pay and number of employees of the structure, on the state of the territorial bodies with which he closely interacts.

Relevance of the problem

Whatever the level of status of the department, people work there who are prone to mistakes, abuse of their power is possible. Therefore, the question of who the bailiff service is subordinated to has recently become so acute. Some citizens are looking for an answer to it in order to get help and protect themselves from the arbitrariness of employees in the performance of professional duties. First of all, any activity is subject to the law, and the judicial instances are its implementers.

It is the right of a citizen to file complaints, but it is not worth starting immediately with top management, and it will definitely ask what stages have been passed and whether an attempt has been made to resolve the dispute amicably.

Formation procedure

Each subject has its own territorial division of the FSSP. In the territory or region, it also consists of its own apparatus, which governs the districts. On the ground, departments have a chief, a deputy. There is a unit of eight people and a senior, to whom the bailiffs are subordinate. In one bundle with them work:

• court order officers;
• expertise experts;
• deposit account investigators;
• investigators and clerks.

The Constitution of the Russian Federation describes the main principles and procedures for each state structure, private organization or ordinary citizen.

How are judgments enforced?

To whom are district bailiffs subordinate? To your immediate supervisor. He carries out the orders of the regional or regional leadership of the FSSP. When the service receives documentation from the court for enforcement according to the decision, the bailiffs begin work within their powers:

• employees of the executive structure are obliged on duty to organize the timely, complete and correct implementation of the requirements;
• provide each party in the enforcement proceedings with materials to familiarize themselves with the decision, give them the opportunity to write out important points for them, make a copy of the documents;
• consider the submitted applications with various petitions from the participants, make their decision, explain to whom the bailiffs of the city are subordinate, in what order the appeal of decisions in this area takes place;
• receive and process personal information if it is necessary for production;
• declare a search for the persons indicated in the executive documentation within the framework of their powers and in accordance with the legislative provisions;
• carry out search activities on judicial acts, when required by the federal executive body in the exercise of the functions of legal regulation, in order to ensure the established order in judicial activities for the execution of legal decisions.

In this case, the duties of a general order, which are performed by bailiffs, are described.

How does a particular division work?

Who are bailiffs in Russia subordinate to? There is a strict distribution in the system of executive power, where the city is subordinate to the district authorities, which, in turn, the region, and everything ends in the Central Office. Their powers are regulated by the provisions on bailiffs in accordance with the Federal Law No. 118-FZ in force throughout the territory of the Russian Federation. Employees of the units that monitor security in the courts belong to civil servants, their department is hidden under the acronym OUPDS (ensuring the established order of the courts). But the organization of labor in terms of severity is equated to paramilitary structures. All personnel are subordinate to their leader and unquestioningly carry out his orders:

• forcibly brings to court sessions persons who ignore subpoenas and appearances;
• guards court buildings;
• leaves for the seizure of property.

Employees have to do the following while on duty:

• watch scandals;
• repel attempts to attack by debtors;
• experience emotional stress;
• experience nervous shocks.

Before being included in the staff of a specialist, he is sent to undergo special training, after which he works under the supervision of senior mentors so that his leadership is confident in the moral qualities of the bailiff.

Difficulties of the OUPDS

During work, property is seized, which not all citizens part with in a peaceful way. To stop fights, the safety of others and their own lives, bailiffs are allowed to use physical force, and in extremely difficult situations - firearms. Educated people with knowledge of regulations work in this area, since excess of authority or inaction is punishable. It immediately becomes immediately clear to a professional who the bailiff service of the Russian Federation is subordinate to. First of all, the law, according to which they can expect criminal liability.

Bailiff's rights

On the basis of acts, bailiffs are given the right to:

• obtaining explanations, certificates within the framework of the enforcement case;
• free entry to the buildings occupied by the debtor, he can open the premises or storage;
• arrest, seizure, transfer for storage in specially designated places of property;
• blocking money and valuables.

The structure of subordination of bailiffs allows you to independently perform those actions at the facility that are provided for by law for enforcement proceedings. A citizen can appeal their actions by contacting higher authorities.

What knowledge does not interfere with anyone?

When there is a problem with the FSSP, no one has the right to prevent filing a complaint about the inappropriate behavior of officials. You should find out the hierarchy of subordination of bailiffs. Each department has a senior, it is necessary to contact him first. Perhaps a verbal statement will suffice, if in doubt, a written statement can be submitted. They cannot refuse to accept the complaint, further actions are carried out in the prescribed manner:

• the application is registered as an incoming document;
• the senior bailiff initiates an audit of the activities of his subordinates;
• conducts interviews, corrects violations if necessary.

Who can file a complaint?

If the petition is ignored, it is attached to the submitted claim to a higher structure - district or regional. When direct management does not take any steps, which happens in rare cases, it means that appealing to the prosecutor will help. The prosecutor's office, having revealed the reliability of the facts, will become the initiator for further elimination of violations in the judicial instance. Criminal proceedings have information regarding the powers of the FSSP. The provisions are described in detail in article 40 of the Code of Criminal Procedure of the Russian Federation.

Job Responsibilities

Article 151 of the Criminal Procedure Code of the Russian Federation approves the rights of officials from the FSSP to conduct inquiries with a list of criminal acts that are included in the activities of bailiffs. Every citizen approved in a position can start activities if he has reached the age of 20 and has no criminal record. In addition, the specialist must have good health and be educated. Employees may carry out inquiries regarding individuals who:

• evade alimony and loan repayments;
• obstruct justice;
• disrespectful to the court;
• disclose information on trials, judges, participants;
• perform actions with described or arrested property;
• do not carry out judgments.

At the same time, the Arbitration Procedure Code of the Russian Federation in Articles 17.3, 17.8 established liability for citizens if they interfere with the work of bailiffs, who themselves are obliged to comply with the legislative provisions and not deviate a single step from the standards. Punishment will follow for failure to comply with the orders of judges and bailiffs, as well as any offense affecting the activities of the FSSP of the Russian Federation.

Outcome

The work of bailiffs is difficult and responsible. Therefore, there is a strict attitude towards bailiffs from both the authorities and the regulatory and legal authorities. Before starting their duties, the applicant undergoes a two-month internship. Then he is checked by a special professional commission, by the decision of which he enters the reserve team. When an employee is enrolled in a team, throughout his activities he will have to prove his integrity.

Bills must be paid, but the debtor must also be billed with all courtesy. A few years ago, a law was passed that prescribed the rules for collecting debt. And the bailiffs were empowered to control the work of collectors.

In recent years, the word collector began to cause the most unpleasant associations. This is rudeness, threats, even crimes, as if monsters are 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 a call at an odd hour already threatens the collector with a fine.

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

Signals about tough bankers have already begun to come from many regions. Moreover, bankers-collectors pressed not only on debtors, but also on state organizations. Somehow, in the Moscow region, 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 judges and court employees who suffered from his importunity, but citizens who could not get through to the court. Since all the phones were literally cut off by the banker.

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

The department has developed a draft law that will generally reform the debt collection system. For example, the initiative provides for a mandatory pre-trial procedure for 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 companies

This means that if someone does not repay the debt, you must first officially contact him with a proposal to pay off. If the debtor refuses or remains silent, then it is already necessary to go to court.

Also, according to the project, both bankers and 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, more than 43,000 organizations (43,350, to be exact) are currently involved in the return of overdue debts. And all of them will have to enter the register of bailiffs. So now it will be possible to punish house managers, employees of pawnshops, and representatives of cellular companies, if they are not too delicate with the debtor.

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 mail it.

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 the violations committed by the robot.

By the way, the bailiffs refuted the information about allegedly tens of millions of travel restrictions, which appeared in the press.

According to the Federal Bailiffs Service, as of November 1 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 not allowed to travel abroad even decreased slightly. As of July 1, there were 3.58 million of them.

The work of bailiffs is entirely controlled by the state and the legislator. Federal Law of 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 collect damages caused by the car owner as a result of an accident.

Who exactly supervises the work of bailiffs?

1. Senior bailiff - he is the direct 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 of interventions;
2. If you are dealing with a crime of bribery, then you definitely need to stock up on evidence, after which, file an application with 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;
3. The main department of the FSSP of Russia is the highest authority where you can apply if the bailiff and senior bailiff have not changed their tactics of behavior and violate your legitimate rights and interests.

Features of the work of bailiffs

In principle, bailiffs are engaged exclusively in enforcement proceedings, that is, the recovery of funds 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, often, that complaints are written against bailiffs that do not correspond to reality. In principle, senior bailiffs have to deal with all complaints of this format. It is they who carry out the process of a working investigation, check the cases that this or that bailiff is conducting, in order to subsequently make the right decision about the quality of work and the adequacy of behavior.

Upon taking office, the bailiff assumes the obligation to comply with all the regulations of the law. If the bailiff violates them, then in this case, administrative responsibility will be formed. If the violations are serious, even criminal liability can be formed.

The activities of bailiffs are very closely monitored. In each city, region and region, there are higher authorities - the FSSP departments. So, if necessary, you need to write complaints in the ascending hierarchy of this system. But, first, it is best to contact the senior bailiff (the direct supervision of the bailiff). Practice shows that such appeals, as a rule, give their results, and the senior bailiff puts things in order in the actions of his subordinates.

Photo by Pravo.Ru

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

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

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

According to the SD, by conducting such inspections, 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 Court Department, this rule 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, article 1 of the law "On the Judicial Department under the Armed Forces of the Russian Federation" (see), where the SD is called "a federal state body that provides organizational support for the activities of ... courts, bodies of the judicial community, as well as financing of world judges." At the same time, all bodies of the Court Department, the statement says, "are called upon to help strengthen the independence of courts, the independence of judges."

From the foregoing, the Judicial Department concludes that the Prosecutor's Office is not authorized to supervise compliance with the law in the Court Department, as well as in the courts of general jurisdiction.

It should be reminded that prosecutors not only carry out "anti-corruption" checks in the institutions of the Court Department and courts, but also sometimes report on their results in the press. For example, in August 2010, we reported that such checks were carried out in the SD administration and court administrations in the Tyumen region. At that time, prosecutors convicted a number of employees of the local court department and court administrators of providing 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 reported. However, on Thursday, talking to the press after a regular meeting of the Council, Vyacheslav Lebedev, Chairman of the Supreme Court of the Russian Federation, and Alexander Gusev, Director of the Judicial Department under the Supreme Court of the Russian Federation, commented on the topic of prosecutorial checks.

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

After that, the head of the Supreme Court called Alexander Gusev and asked him to comment. "It was about," Gusev said, "that the prosecutor's office is checking the condition of the escort premises, rooms for storing material evidence. Actually, it 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 conduct these inspections "No more than that. This is the right of the Prosecutor General's Office, we treat it with great respect and do not argue about anything."