In the article, we will consider how to file a complaint with the prosecutor against the bailiff. For the execution of court decisions or the execution of actions on other executive documents, there is such a position as a bailiff. However, often these people are negligent in their professional duties. In this case, there are several methods of influencing employees to perform their duties properly.
It is necessary to immediately draw attention to the fact that both the court and the direct appeal to his superiors with a complaint in order of subordination can make the bailiff work.
Special attention deserves the claim to the performer due to his illegal actions or inaction. A sample complaint to the prosecutor on bailiffs will be presented below.
How to make a complaint?
In order to understand how to draw up such a document correctly, it is necessary to know what the powers of the bailiffs are and what problems citizens can turn to them. First of all, such a situation is the employee’s inaction when collecting debt. This may apply not only to alimony, but also to other types of citizens' debts. For example, you can complain about a bailiff to the prosecutor’s office if this official fails to fulfill obligations to search for the property and assets of the debtor, which often directly determines the speed of enforcement of court decisions.
In cases where it is a question of alimony, employees often are in no hurry to submit a writ of execution to the accounting department of the organization where the debtor carries out his labor activities. Such a situation may also cause a complaint to the bailiff at the prosecutor's office. A complaint against a bailiff may be filed at the place of residence of the debtor. But before you write and submit it, you should have a clear idea of what legislative norms have been violated by a specialist.
Thus, before completing the document, it is recommended to consult with a lawyer or study the legal rules yourself.
Sample complaint to the prosecutor on bailiffs: filling rules
When filling out the application, first of all, the territorial authority to which the complaint is addressed, as well as full personal information about the applicant, is indicated. The statement should begin with a description of the trial and the meaning of the decision made on it.
After this, it is necessary to provide information on the writ of execution and indicate the details of the enforcement proceedings, including the position of the bailiff, his name and initials. Then go to a direct description of what the inaction or illegal actions of the bailiff is. Their arguments must necessarily be supported by references to legislative acts, and they may concern not only the proceedings themselves.
Requirements to the prosecutor's office, as well as a list of applications, if any, complete the document. How to write a complaint to the prosecutor, it is important to find out in advance.
It should be noted that such a claim must necessarily include the personal signature of the applicant and the filing date. Without these details, the claim will be considered invalid, and prosecutors will leave it unattended. These are the basic requirements for filing a complaint with the prosecutor to the bailiff.
Review Rules
The legislation has allotted from 15 to 30 days to consider complaints received by the prosecutor’s office regarding unlawful actions of the bailiff or his inaction on his part. It all depends on whether it is necessary to verify the facts set forth in the text of the complaint. The person complaining about the bailiff must be notified in writing of the results of work with the application.
Which prosecutor's office should file a complaint against the bailiff if the result of the examination is unfounded? A person in such a situation has the right to apply to a higher authority and appeal against illegal acts in court.
If the prosecutor considers the information justified, he can make:
- a decision on bringing a guilty person to a certain type of responsibility;
- order to eliminate violations;
- application of other measures of prosecutorial response.
As a result, we can confidently say that the complaint against the bailiffs to the prosecutor’s office will by no means be left without attention. All arguments of the person submitting such an application to the prosecutor’s office will be heard, and the necessary measures will be taken without fail.
Complaint form
Naturally, complaints against the bailiff must be made in writing. The appeal to the prosecutor should indicate his own data, otherwise such a statement will not be considered. A preliminary study of the norms of legislation on the subject of enforcement proceedings is also necessary, since the document will make it most appropriate to refer to relevant legislative sources.
The document must necessarily contain the personal signature of its author, otherwise the appeal will be returned back. Complaints against bailiffs can be filed with the city prosecutor's office at the place of residence.
After receiving the materials, an authorized prosecutor will be engaged in the verification of information data. If the arguments set forth in the appeal have legal grounds, then the bailiff who violated his professional duties will be issued a mandatory order for execution.
What other methods of exposure exist?
There are several ways to counter the abuse of power by bailiffs. The original method is out of court. First, it may imply the arrival of citizens at the prosecutor’s office and a constructive dialogue with the bailiff. If it was not possible to establish cooperation with the official, then another option will be to file a complaint with the senior employee, that is, the direct manager who is involved in the implementation of executive actions. The actions of the bailiff can be appealed in court.
Submission of complaints
A complaint to the prosecutor’s bailiff is forwarded according to the rules regulated by Article 123 of the Federal Law on Enforcement Proceedings, which proposes a whole series of stages and authorities where you can go. The subject of the claim is the actions (inaction) of the entry-level contractor or deputy senior bailiff. An exception in this case are situations where the text of the appealed decision is authorized in advance by the senior employee.
It can also be a complaint to the main regional bailiff, and its object is the activities of the senior bailiff of the FSSP, as well as decisions endorsed by him from the executor.
Content Requirements
How to write a complaint to the prosecutor? Complaints submitted to the prosecutor's office must comply with certain state standards. Otherwise, difficulties often arise with its subsequent consideration.
So, the complaint should initially indicate the body of the FSSP to which the appeal is addressed. If it is drawn up in the name of the head, it is necessary to indicate his initials. This should then include details of the person filing the complaint.In this case, the initials of the person or the name of the organization, address, contact numbers for communication or e-mail are indicated. Then the number, date, content of the contested decision and the essence of inaction or unlawful actions with motivated reasoning are given. At the same time, the position and initials of the bailiff are also indicated.
The complaint concludes with specific requirements aimed at eliminating violations of legal rights. Signature of the author or his legal representative must be present.
You can file a complaint against the bailiff personally (to the city prosecutor's office), or you can also send it by mail. In addition, online complaints are submitted via the Internet. In this case, copies of (including electronic) documents may be attached to such an appeal to justify their position.
Reasons for rejection
There is a list of reasons for which the application may be refused. They are regulated in Art. 125 Federal Law "On Enforcement Proceedings". For example, a decision regarding an enforcement fee is not appealed. Do not dispute the results of property valuation conducted by an expert.
If the period for submitting a complaint is missed, then this may also be the reason that a person will be refused to consider it. However, a renewal application may help in such a situation. However, his satisfaction is exclusively a right, but not the duty of a senior bailiff.
Violation of the procedure for filing or filing a complaint is also included in the list of reasons for refusing to consider. Therefore, the process of preparing a claim, including the prosecutor’s office, should be taken very seriously. When, in essence, a court decision has already been made, its consideration will also be denied.
A refusal is recorded with the help of a resolution that is allowed to be challenged in higher authorities.
Terms of consideration
Appeals of citizens who come to the prosecutor's office are subject to registration within three days, after which the proceedings begin. Complaints to the prosecutor's office against bailiffs of any nature, including their illegal actions, are considered within 30 days. Following the results of the proceedings, the compiler is given a written response, which is sent to the place of registration or to the email address.