The executive production of bailiffs: the time for execution. Norms of Civil Law

The bailiff service is a responsible and complex state activity. The work of these employees is very specific, which is related to the tasks that are assigned to them. Let us examine the objectives pursued by the bailiffs' enforcement proceedings , the deadlines for executing them on the documents that come to them, their powers and duties, as well as the basic actions that they are carrying out.

Tasks of the service

First, let's try to understand why the state needs bailiffs. For this, let us turn to the legal norms. The legal status of this category of activities by civil servants is enshrined in the federal law On Bailiffs. Also to the normative base of this institute is the law "On Enforcement Proceedings". In general, the main form of bailiffs' activity - executive production - is designed to correctly and timely implement the requirements contained in the acts of authorities (most often in the regulatory documents of the courts). The meaning of this activity is based on two goals. The first of them is the protection of any powers, freedoms, as well as the legal interests of citizens and organizations of the Russian Federation. The second goal is to ensure the implementation of obligations that arise from international treaties of the Russian Federation. In turn, the bailiffs are charged with fulfilling such important tasks as guaranteeing the normal operation of the courts of the Russian Federation, implementing the requirements of the courts' acts, as well as other bodies, in a forced manner, as well as enforcing certain rules of legislation relating to criminal justice matters.

Terms of Business

Before we begin to study in detail the enforcement process of bailiffs, the timing of its execution, as well as other aspects of the activities of this service, we will consider what requirements are imposed on applicants for this position. The mandatory conditions that must be fulfilled by the candidate for this vacancy are:

• Presence of Russian citizenship.
• Reaching the age of 21 years.
• Education - minimum special secondary.
• Excellent health.
• Availability of necessary business, as well as personal qualities.
• Absence of previous conviction.
• There is no addiction, whether it be addiction to alcohol or drugs.

The bailiffs are civil servants and carry out the duties assigned to them in uniform.

Entitlements

Let's consider what means this category of civil servants can use to realize the tasks imputed to them. The rights of bailiffs are a combination of certain actions that these persons can perform in order to implement acts of the courts, as well as other authorities. Thus, bailiffs can, if necessary, without hindrance, apply for the information required by them to any entities, give instructions concerning the commission of certain executive actions. In addition, these civil servants can at any time conduct inspections of employers on the penalties they are carrying out from the incomes of the workers of their debtors. Also, the Federal Law "On Bailiffs" grants the performers the right to unimpeded entry into the premises occupied by non-payers, inspection of these places, arrest of the discovered property, as well as money, the seizure and further sale of valuables taken from the debtor, their transfer to storage. These civil servants also have the right to declare the search for non-payers, summon the persons needed by him, check the certifying documents of debtors and other individuals who take part in the enforcement proceedings. This is far from being an exhaustive list of the rights that the legislation has given the bailiffs.

Duties

When implementing the functions assigned to them, performers must fulfill specific requirements and observe certain rules. Consider the main ones. So, the first duty is connected with timely, correct, and also full performance of the tasks. In addition, performers should provide an opportunity for interested persons to familiarize themselves with the materials of the production affecting them. The bailiff is assigned the duty of self-withdrawal in case of his personal interest in the outcome of any enforcement proceedings. Also, when identifying the signs of any criminal action, he must draw up a corresponding message to his boss.

Basis of execution

The bailiff acts only on the basis of the documents received and correctly drawn up. These include the following acts:

• Executive sheets.
• Alimentary agreements, necessarily certified by a notary.
• Judicial orders.
• Certificates issued by CCC.

The decision of bailiffs

Each stage of enforcement proceedings must be documented. So, bailiffs are obliged to make the following decisions:

• On the initiation of office work.
• On the refusal of his excitement.
• On the suspension.
• On the deposition.
• On the termination of enforcement proceedings.
• On the return of discerning documents.
• On the imposition of arrest.
• On the completion of other measures to implement the requirements of executive acts.

Timing

To ensure the timely fulfillment of this category of civil servants by their duties, the legislator fixed the provision on the time that is given to them for the realization of the tasks assigned to them. It can not be ignored, considering the enforcement proceedings of bailiffs. Terms of execution are usually determined by the date or indication of an event, or by a period. The bailiff is given 3 working days to initiate proceedings on the basis of a legal document or to refuse to implement the requirements of the act. When does the bailiffs' enforcement proceedings end? The terms of execution, fixed in the legislation, are only 2 months from the date of the "birth" of the case. If, however, the time allotted to the bailiff to implement the requirements of the act he has adopted for production is directly spelled out in this document, then the general rule is not applied. As for the questions of restoring the individual who was illegally dismissed at work, this action must be executed no later than one working day. And the actions to secure the claim must be carried out even faster - immediately after the receipt of the relevant documents.

Data bank of executive production of bailiffs

To establish control over the work of this category of civil servants, as well as for greater convenience, speed of obtaining the necessary information and their completeness, ensuring their storage, a special information base was created. The data bank of executive proceedings of bailiffs exists in electronic form, and anyone can instantly find in it the materials of interest to them. In accordance with the law, information such as:

• Date of acceptance of the act of execution.
• Its kind, number, as well as the name of the body that issued it.
• Day of initiation of the relevant production, its number.
• Name of the debtor.
• The essence of the requirements imposed on him.
• The balance of the debt.
• The data of the bailiff, who is engaged in the implementation of this document.
• Information on the return of the enforcement act to the recoverer.

Foreclosure of property

Now let us consider the main activities that the bailiff is called upon to perform. The property that the defaulter has, is first subject to arrest, then seizure, and then sale. Each of these actions is documented in the appropriate bailiffs' acts. Let us first consider the first stage of this process - arrest. After the perpetrator performs this action, the debtor is prohibited from disposing of the arrested property, and in some cases the right of use is also restricted. Then, valuable items are seized. Then, if the value of the property does not exceed 30,000 rubles, and the dispute about its price has not arisen, it is transferred for sale to the relevant companies. Also, the debtor has the right to independently sell the belongings that belong to him. The proceeds are used to pay off the debt of the defaulter.

Deductions from wages

The recovery of bailiffs, made from the debtor's income at his place of work, is another way of fulfilling the requirements of acts of state bodies. If the defaulter is officially employed, the bailiff sends his discretionary documents to the accounting department of the company and a proposal to make monthly deductions in order to pay off the existing debt. The amount of the seized money supply should not exceed half the income of the individual. In addition to earnings, retention can be made from pensions, as well as from the incomes of the serving debtor.

Compulsion to action

Not always the requirements of executive documents concern property claims. In addition to issues of debt collection, the actions of bailiffs are aimed at the following tasks:

• Eviction of debtors.
• Compulsion to release a certain non-residential premises, as well as a land plot.
• Influence the debtor in order that he caused the demolition of a certain structure.
• Recovery at work of individuals who were illegally dismissed.
• Execution of the claim of the claimant about the introduction.
• Suspension of certain activities of debtors.
• Assistance in the selection of children, as well as their transfer, the fulfillment of the requirement for the order of communication with children.
• Control over the serving of compulsory works.
• Execution of other orders of documents, which are subject to execution by bailiffs.

Bailiffs of Moscow

Each city has its own department of the federal bailiff service. There is such in the capital of the Russian Federation. Moscow bailiffs work in 45 departments, which are created on the principle of territoriality, and also depending on the scope of the performers. All the interesting information about the Moscow bailiffs, the place and time of their work can be found on the UFSSP website in Moscow.