Bailiff is a person who directly performs functions related to the enforcement of court decisions, as well as other acts and decisions of officials and bodies.
Duties
The main duties of the bailiff are to execute decisions that are most often associated with the recovery of money or the seizure of property to be sold to obtain the necessary finances.
Collection - seizure with the subsequent withdrawal of funds, both cash and non-cash (located on the person’s virtual or bank accounts with debts). After the arrest of property follows its sale (sale), and the proceeds in this case are used to repay the debt.
In addition, measures that stimulate the repayment of debt may be: a ban on traveling abroad, issuing a passport, a ban on the alienation of movable or immovable property. The prohibition also includes the fruits of intellectual activity.
The duties of the bailiff also include supervision of the implementation of the sale of property.
The essence of the post
To better understand what the official duties of the bailiff are, you need to consider some features of their position.
The bailiff is an official. He is an employee of the Federal Service of Bailiffs, which are called upon to ensure the order established by higher authorities. It concerns work:
- Constitutional Court of the Russian Federation.
- Supreme Arbitration Court of the Russian Federation.
- Supreme Court of the Russian Federation.
- Arbitration courts and general jurisdiction.
- Enforcement of judicial acts, measures of other bodies in the context of enforcement proceedings.
Legislative support
The legislative basis for the work of the bailiff industry is the federal law “On Bailiffs”. The Regulation “On Enforcement Proceedings” establishes a distribution in which enforcement decisions and other acts are enforced.
The Law “On Bailiffs” is aimed at the practical implementation of the federal law, which is called “On Enforcement Proceedings”. It also regulates the rights and obligations of bailiffs, and introduces the rules that apply when criminal proceedings are instituted.
Bailiff Responsibilities
The rights and obligations of the bailiff are strictly carried out taking into account the documents regulating them.
Based on the documents, the bailiffs provide the routine of the court’s activities, holding the court session, and can also be the executors of decisions of judicial acts or decisions of other bodies.
Main responsibilities:
- ensuring the safety of judges, other assessors, other participants in the process at court hearings;
- the protection of buildings, as well as courtrooms and meeting rooms during work;
- execution of orders issued by the chairman of the court, the judge, as well as the president of the court session, which are directly related to the observance of order during the session;
- application to the convicted, defendant, other participants in the meeting of the measures necessary for legal procedural coercion;
- audit of premises before meetings;
- cooperation with the military escorting detainees;
- the drive of those persons who are not in court;
- taking part in the execution of enforcement activities (only by direction issued by the bailiff).
The duties of the bailiff include the following measures:
- The use of force or means specially designed for this purpose, firearms or physical measures. These measures are applied only when others cannot ensure the performance of official duties. It is allowed to use firearms against those who behave inappropriately or threaten the life of the bailiff himself.
- It is forbidden to apply this measure against pregnant women, minors, people with disabilities, people who do not commit a violent plan. In cases where persons show obvious armed resistance - the measure is applicable.
Law Enforcement Actions
The duties of the bailiff include actions for:
- taking measures for the correct, timely, full implementation of documents and resolutions;
- providing participants of enforcement proceedings with the time and opportunity to familiarize themselves with the materials and documents of the proceedings;
- consideration of the statements of the parties involved in the investigation, as well as their petitions, amendments, decisions, clarification of the timing of the events or their appeal.
Bailiff Rights
Both the rights and obligations of the bailiff must be respected in accordance with the laws of the Russian Federation. According to the instructions drawn up on the basis of the law, the bailiff has the right to:
- obtaining, during the implementation of actions to enforce the resolution, information necessary for work, as well as certificates and other explanations;
- distribution of instructions to other participants in the process relating to the execution of actions to fulfill the instructions;
- checking employers for the execution of executive documents relating to employees who are debtors, as well as checking documents that are in progress;
- passage to premises, as well as storage facilities that are owned or occupied by debtors;
- opening of these premises and conducting an inspection to take actions regarding premises or storage facilities that belong to responsible persons (based on a court decision);
- arrest, transfer to storage, seizure, sale of property;
- the imposition of a special arrest on funds or other values that belong to the debtor;
- the use of technical premises as temporary for the storage of property that was seized, as well as the right to use the transport of the collector, debtor;
- a wanted list for a person who has debts listed, as well as filing a property list for that person or his child;
- summoning citizens or officials to court on documents that are in production and executive documents.
Features of interaction with bailiffs
Unfortunately, in the modern world, the duties of a bailiff are not always legal. Often, the media covers cases of abuse of authority when law enforcement officials act outside the law. There are situations in which employees of Themis violate, for example, the deadlines for the execution of proceedings, continue to carry out executive activities after the suspension of proceedings in the case, sell property seized during the case for personal purposes.
In any of the cases that are not legal, the injured citizen has the right to appeal against the actions of the bailiff. To do this, a complaint is sent to the official or body in court. It is served no later than 10 days from the date of the commission of the wrongful act.
If a citizen has not received timely information about the time or place of executive actions, as well as about the refusal to take action, in this case, the time period for appealing against the action starts from the day when the specified person received the necessary information.
Plenipotentiary documents
Performing his direct duties as a bailiff, the employee is required to have a document with him. It is a confirmation that the actions of the employee are controlled by law, and the person relative to whom these actions are committed is protected by the laws of the Russian Federation.
Responsibility for actions
The duties of the bailiff impose responsibility on him. The bailiff is responsible for:
- Any orders, omissions or misconduct may be appealed. For this, they turn to a superior or to a court. In addition, an appeal to a superior is not an obstacle to filing an application with a court.
- According to the laws of the Russian Federation, the bailiff is responsible for any misconduct or violation of the law.
Damage that may be caused to a citizen, organization, is subject to obligatory compensation in the manner prescribed by law. The Prosecutor General of the Russian Federation, as well as the persons who obey him, monitors the implementation of laws and the order of actions.
Operating procedure
After a court decision is received and the case is put into production, the actions of the bailiffs are subject to a clear structure:
- a writ of execution is accepted;
- initiation of enforcement proceedings;
- the debtor is provided with a period during which he can voluntarily pay off the debt;
- the relevant traffic requests are sent to the STSI, the State Register, which confirm or refute the data on the debt;
- a decision is issued which indicates enforcement measures;
- measures are taken to seize or otherwise restrict property in order to execute production;
- executive order issued. This decision is issued only after it is officially established that the property belongs to the debtor;
- a decree is issued that speaks of the completion of enforcement proceedings. This decision states that all coercive measures have been implemented and the citizen has no more debts;
- Decree on the removal of measures. This decision is the most important. After the necessary measures have been taken, all restrictions imposed earlier are removed from the citizen and his property. Must be carried out within 3 days from the date of removal.
Interaction with debtors
In most cases, regardless of whether a citizen owes a debt to a bank or is a debt for alimony, work begins by submitting the necessary documents from a second party to the court. Based on the decision, the bailiffs are already starting to work.
Debt collection obligations of the bailiff begin after the bank has filed a lawsuit against the debtor. For the bailiff, only the period of non-payment matters, the size of the amount in this case is completely unimportant. The only case when the duties of the bailiff cannot be performed in relation to the debtor is the proven objective impossibility of paying the debt. In this case, the provision due to the impossibility of recovery is applied.
In addition, situations are known where bailiffs also interact with military commissariats, police and other government agencies.
The court removes or imposes obligations. The bailiff, carefully performing his duties, is almost impossible to convict negligently. However, faced with the work of the service, it is necessary to clearly know the rights and obligations of the debtor and the bailiff.