Where to complain about the bailiffs, the inaction of the bailiffs

Unfortunately, from time to time, representatives of the executive service can observe inaction, which cannot be called legitimate. In order to influence the course of the situation, it is necessary to respond quickly enough and file a complaint.

Who has the right to file a complaint?

Before figuring out where to complain about the bailiffs, it is worth deciding on who can do this. If you pay attention to the practice of judicial proceedings, it is easy to notice that the wrong actions of the bailiffs or their absence is not so rare. Moreover, subjects whose rights were ultimately violated often do not directly relate to the trial itself.

The legislation of the Russian Federation provides for such a development of events, and therefore citizens of the Federation have the opportunity to appeal the actions of the bailiffs. In other words, anyone can file a complaint whose rights have been violated by members of the judiciary.

Where to complain about the inaction of the bailiffs

If you are guided by the general rule, then you can appeal to the actions or inaction of any official only to the authorities, who are his direct leadership. This principle is also relevant in the situation with bailiffs.

But in some situations, the essence of the problem changes somewhat. We are talking about a situation where the inaction of an official cannot be regarded as solely his initiative. The bottom line is that court proceedings sometimes involve the use of certain procedural documents confirming the inaction of the bailiffs, which were approved by the head of a particular service.

Therefore, before deciding on where to complain about the inaction of the bailiffs, you need to familiarize yourself with the documentation related to the problem issue.

The following orders and acts may be referred to the procedural documents mentioned above:

• decision on enforcement measures in enforcement proceedings;
• an act of impossibility to enforce a court decision;
• decision to suspend judicial proceedings;
• on transferring production to another department;
• about refusal of execution or its postponement.

This list clearly shows that in many situations the inaction of the bailiffs is due to documentation approved by the higher authorities. A simple conclusion follows from this: in such circumstances, it is necessary to file a complaint with the bailiff leadership.

When to write a complaint statement

In order to effectively influence the situation, it is not enough to know where to complain about the work of the bailiffs, you still have to follow certain deadlines. And it’s important to know that there is not much time available for appeal.

We are talking about 10 calendar days from the moment the complainant found out that his rights had been violated by the bailiff. But how do you officially set the start time?

In order to more clearly answer this question, it is worth considering the situation with the court hearing regarding the payment of alimony. After the order was sent to recover the latter, the decision to begin enforcement proceedings should come within 7 days. If there is no reaction within a month, the requester finds out where to complain about the bailiffs for alimony, and turns to the executive service using a written request in which she asks to explain why her application was not registered. The answer to such a request should also come in writing and contain the necessary information. As one of the reasons why the application is under consideration, a bailiff disease may be indicated.

For answers of this kind, it is important to understand the following: neither the bailiff’s disease, nor its absence for any reason (vacation, business trip, etc.) can be considered as a basis for inaction of the executive service.

Therefore, as soon as such an explanation has been received, it must be appealed against within 10 calendar days, starting from the moment when the applicant put his signature.

What are the requirements for the form

Having figured out where to complain about the actions of the bailiffs, it is important to display some information in the application. Thus, the following data should be present in the complaint:

• the exact name of the body to which the complaint is sent;
• official data of the bailiff, from whose side criminal inaction was allowed;
• a summary of the proceedings, including its number;
• specific information regarding unlawful inaction;
• petition for consideration of the complaint and adoption of an appropriate decision, namely the recognition of the inaction of the bailiff as unlawful.

Moreover, you can find a specific sample of the complaint and focus on its structure. It is also worth making sure that documents confirming all the described violations are attached to the complaint. This is necessary to guarantee a result. But if you focus solely on the law, then the complaint should be considered without supporting documentation, since the enforcement proceedings must have all the necessary documents.

Therefore, if the one whose rights were violated, having decided where to complain to the bailiffs related to his situation, did not submit any documents, he can still count on a full reaction.

Supporting documentation should be attached only in order to initially exclude possible excuses.

What is defined as the fact of inaction

If we take into account the theory of law, then on its basis we can come to the conclusion that inaction means the failure by an official to carry out those actions to which he is obligated by the procedure established by law. Moreover, the absence of actions should violate the rights of third parties. Only in this case it makes sense to think about where to complain to the bailiffs.

For a clearer understanding of the essence of this legislation, it is worth considering a simple situation. Say, the bailiff has 3 days to complete the proceedings, starting from the moment the application for execution was received. And if he does not show any activity during this period, then the claims are still irrelevant. The bailiff’s inaction will be illegal on the 4th day.

There are situations in which a citizen, having found out where to complain about the bailiff service, receives as an argument regarding the lack of action on the part of the latter the refusal of the performer to show certain activity. In this case, it is necessary to correctly draw up the petitioning part, that is, to display in it those formulations that are contained in the sample resolution:

• not ensured the implementation of the decision by seizing funds in the account;
• could not provide security measures for property being collected;
• not controlled enforcement of a court decision on the part of the debtor, allowing him to leave the state, etc.

In addition, the collector may record the unscrupulous performance of his duties by the bailiff during the collection.

Challenging

It is worth knowing that a complaint about the inaction of a bailiff directed to his immediate superiors is not the only way to influence. If necessary, the behavior of this official can be challenged by filing an application with the court that initially issued the document, which is the basis for the actions of the bailiff.

Such a statement shall be submitted within ten days from the moment the violations were recorded.The fact that legislation makes it possible to appeal the quality of the bailiff’s work in various ways greatly simplifies the process of asserting their rights to citizens.

Media Resources

Perhaps, someone will find this approach unusual, but this method can have a significant impact on the situation. It is worth realizing that the media is a place where you can and even sometimes need to complain about bailiffs. Of course, there is no need to formalize a complaint, describe the situation in sufficient detail, provide confirmed facts and enable journalists to do their job.

If you carefully study the statistics of violations, you can see that in those enforcement proceedings that are monitored by the press, the fact that officials have failed to fulfill their obligations is rarely recorded. But if you provide the media with information about the actual violation, then representatives of the media space will be able to draw the attention of the prosecutor's office and the public to the situation.

Complaint to the prosecutor

This is another effective way to influence the activity of the bailiff. Initially, it should be understood that such a body as the prosecutor's office has all the powers to monitor various branches of the executive branch. The prosecutor cannot influence the court, but he has enough powers to influence the actions of the bailiffs.

So the prosecutor’s office can confidently be defined as a place where to complain about a bailiff, an executor who is not fulfilling his duties, without a doubt.

In this case, a free form of filing a complaint is allowed, but there are also ready-made samples that will help make this process much easier.

findings

As you can see, there are enough levers to influence the actions of bailiffs. The main thing is to carefully study your rights and correctly execute all statements and complaints in case of unlawful inaction of an official.