Bailiff is a phrase that has long become abusive in Russia. People are used to thinking that these are those who brazenly break into the house, violate family peace, and select property. This erroneous opinion is formed due to the banal ignorance of what this position is and what rights and obligations the people holding it have. Let's try to understand this issue in more detail.
Position
The bailiff is an officer who enforces judicial decisions, decisions and rulings in a mandatory manner. Unfortunately, people do not always fulfill their obligations. Parents refuse to pay child support for their children, the defendants do not want to pay compensation for the damage. To combat such deviators, there is a position of "bailiff."
They perform their public service in district, inter-district and other divisions of the bailiffs depending on the territorial administrative division. The system of these units is called the Bailiff Service.
Three officials control the activities of bailiffs:
- Chief bailiff of Russia.
- The main bailiff of the subject of Russia.
- Senior bailiff of the unit.
Accordingly, the first controls the entire bailiff service, the second - units in its subject, and the third - all bailiffs in its unit.
The rights
The bailiff, like any public servant, has a number of special rights, namely:
- Enter the residential and non-residential premises that belong to the debtors or in which they are located and live. If necessary, open these rooms. Penetrate into such premises on the basis of court decisions (in cases where it is not a matter of debtors, for example, if the court decided to check the premises to establish any facts).
- Arrest money and other valuables of debtors, including bank accounts, deposits, etc.
- Wanted debtors, children or property.
- To store and sell the seized property. The exception is property, the use of which is prohibited by law (applies to seized drugs, pornographic materials, weapons).
- To receive certificates, information and explanations necessary in their executive actions.
- To receive in addition to the salary additional rewards. In particular, 5% of the amount recovered by him or the amount of the value of the recovered property. However, he can receive it only if the enforcement proceedings were executed in a timely manner. The amount of such remuneration may not exceed 10 minimum wages.
- Check whether the employer of the debtor executes executive documents for the debtor working with him. In other words, are deductions from wages indicated by law in favor of debt occur.
- Use premises of various types of property to store property seized from debtors.
- Call citizens on executive documents.
Duties
Speaking of rights, we should not forget that along with them there are obligations. The bailiff must:
- Provide the opportunity to familiarize with the enforcement proceedings and materials on it to persons directly related to this production.
- Consider statements of the parties to enforcement proceedings.
- Explain to the parties how soon they can appeal the decision.
- Take any legal measures permitted to him by his job description in order to ensure the full, correct and, most importantly, timely execution of court decisions, decisions, determinations.
The inaction of the bailiff is unacceptable. In the event that he has proceedings on official duties in his case, but he does not take any measures to recover the debt on the writ of execution, citizens have the right to file a complaint against him in court.
Is it necessary to fulfill his requirements?
It must be understood that the bailiff is knocking on the door to not everyone. If this happens, it is only because you are not fulfilling your legal obligations. In order not to run into it, it is enough to properly pay off your debt obligations and execute a court decision. Bailiffs act on behalf of the executive branch. All their instructions and requirements must be followed by those to whom they are addressed.
Bailiff
Often you can hear about the decision of the bailiff. But not everyone understands what kind of document. The rights and obligations of bailiffs allow them to create their own decisions. This is a document in which they record all their decisions of a procedural nature (imposition of fines, recovery of fees, recovery of expenses).
All decisions are subject to timely execution. For example, for each day of delay in payment of a bank loan to the debtor, a fine may be charged. The bailiff indicates this penalty in his court order, and the debtor has an obligation to pay it.
What else do you need to know?
Bailiffs are empowered to apply coercive measures. However, this does not mean that they may violate the rights of citizens. If they penetrate the home, this does not mean that they can cause damage to property. They should even respect the most malicious deadbeat, not offend his honor and dignity, religious feelings. In the event that it seems to you that your rights are violated, you should immediately contact the senior bailiff of the unit or the law enforcement authorities.
