Each citizen is given the opportunity to protect their interests. This can be done by filing a lawsuit. court statements or appeal of decisions, decisions, conduct of officials. This possibility extends to the period of application of coercive measures. Let us further consider how a complaint is drawn up against the bailiff service. 
When does the need for a challenge arise?
Samples of complaints against bailiffs indicate a wide variety of reasons why citizens have a desire to file an application. One of the main acts as the official’s non-compliance with the requirements of the law. For example, a creditor can convince an unscrupulous bailiff to issue a resolution on an expired writ of execution or begin forced proceedings without having determined a period for the debtor to voluntarily fulfill obligations. There are frequent cases when the property of the defendant is seized, the value of which is several times higher than the amount of debt imputed by the decision. You can also file a complaint against bailiffs if they refuse to familiarize themselves with the production materials.
Normative base
Complaint to bailiff drawn up in the manner prescribed in Sec. 18 Federal Law No. 229. The rules are also formulated in Law No. 4866-1. According to its provisions, a complaint may also be drawn up against the actions of the bailiff and the decisions of the official, which violate the freedoms and interests of citizens.
How soon can I send an appeal?
Claims are examined by an authorized body in accordance with the rules provided for in Sec. 25 GIC. A complaint against a decision of a bailiff may be sent within 10 days from the date of its adoption. in practice, there are cases when the debtor is not notified in time about the start of production. In this case, a complaint is drawn up regarding the inaction of the bailiff. It is sent within a ten-day period, the calculation of which begins from the moment when the citizen became or should have become aware of the start of production. In case of missing the established period, the citizen has the right to write a request for its restoration. The statement must state good reasons and provide evidence. If the court considers the grounds for missing the deadline insufficient, the application will not be granted. 
Subordination order
An appeal against the actions of the bailiff and the acts adopted by him is carried out in the city (district) court. The application is sent to the authority where the official performs his duties. During the consideration of the claim executive will be required to prove compliance of his behavior with the norms of the law. The complaint is sent to the senior bailiff for acts adopted by his subordinate, except for those approved by him. The claim is also addressed to the superior in the event of disputing the behavior of the representative of the FSSP. The complaint against the bailiff, his behavior and approved acts shall be sent to the head of the unit of the subject of the Russian Federation. This rule also applies to statements challenging the conduct of unit heads and their deputies. A complaint against a bailiff (his behavior and acts adopted by him) can be directed both directly to higher officials of the MTP, and through the employee against whom claims are made. 
Review Procedure
The complaint against the bailiff is sent to the management of employees whose acts and behavior are disputed, within three days from the date of its receipt. If the official who received the application does not have the authority to consider it, he is obliged to transfer the appeal to an authorized specialist by sending a written notice to the applicant. The latter may withdraw the claim before deciding on it.
Compilation requirements
The complaint against the bailiff (his behavior or acts adopted by him) is made in writing. The appeal must be certified by the signature of the applicant or his representative. In the latter case, the claim must be accompanied by a document confirming the authority of the person.
The content of the appeal should indicate:
- Name, surname of that bailiff, whose conduct, refusal or adopted act is disputed.
- FULL NAME. citizen or name of organization, place of residence (residence, location) of the applicant.
- The grounds in accordance with which a claim is made for behavior, an act adopted or a refusal of an official.
- Directly claimant.
Important point
When submitting a claim, the claimant may not attach documents confirming the circumstances given therein. If the availability of this evidence will be relevant in considering the complaint, the official authorized to examine it may request it. In this case, the period during which the claim is held will be suspended until the necessary documents are received, but no more than ten days.
Terms of consideration
The complaint, which is filed in the order of subordination, must be checked within 10 days from the date of receipt. The review is carried out only by an authorized person. In the case of acceptance of a complaint about the behavior of the bailiff or the act adopted by him by the court, the verification of the claim filed in the order of subordination is suspended.
Disputes
The bailiff's decisions, his behavior to ensure the implementation of the obligations established in the decision of the authorized instance, can be appealed to the general jurisdiction body or arbitration. The institution shall be located in the territory where the specified official carries out his work. A claim may be submitted during the execution of:
- The requirements contained in the documents adopted regarding citizens or organizations engaged in business without a legal entity.
- The writ of execution, which is issued in the arbitration court.
- Decisions of the bailiff issued on the basis of Part 6 of Art. 30, the aforementioned Federal Law, in the event that a citizen or an organization engaged in entrepreneurship without forming a legal entity acts as a debtor, and production is started in connection with its commercial activity.
- Other cases provided for in the agro-industrial complex.
In situations not listed in part 2 of this article, the claim is sent to the court of general jurisdiction. The authorized body shall review the application within 10 days in the manner established by the procedural legislation of the Russian Federation and taking into account the features provided for in the Federal Law.
Claims nuances
In the part where the details of the parties should be, the name of the body to which the complaint is addressed should be accurately indicated. The application without fail provides the position and full name persons whose conduct or act is disputed. This information is given after the word “complaint”. In the content of the claim, events should be stated in the order in which they occurred. If, for example, a citizen was not informed that enforcement proceedings have begun, it is necessary to cite the circumstances that took place at that time.If he was absent and therefore did not receive a notification, the reason and location should be indicated, documents should be attached confirming that the reasons were valid. 
If a citizen appealed to the bailiff with a request to get acquainted with the production materials, but was refused, you need to clearly state the words and actions of the official. Directly at the appeal itself, you can ask to write an explanation of your behavior. If the bailiff refuses to do this, this should also be indicated in the claim. As mentioned above, it is not necessary to attach documents proving the unlawful conduct of an official. However, experts still recommend filing a complaint with them.
This will prevent delays in the claims process. Describing the circumstances, it would be nice to give references to legislative acts. A qualified lawyer can help with this. Their requirements must be stated clearly so that they cannot be interpreted in two ways. At the end of the application, you must list the papers attached to it. At the very end, you should definitely sign and put a number. If the claim is drawn up correctly, it will be considered. In case of non-compliance with the procedure for processing the complaint will be returned.
Alternative option
In addition to filing a complaint about their behavior or acts adopted, it is possible to wage a fight against unscrupulous officials in another way. It consists in publicizing the ongoing arbitrariness in the regional and city media. As practice shows, officials are not at all pleased with the prospect of being negative heroes of television stories or newspaper or magazine notes. Such radical actions of debtors, as a rule, entail verification of the legitimacy of all activities of the employee, and in some cases the entire unit. As a result, the case is put under the control of higher managers. 
Identified violations of the law entail administrative, disciplinary liability, penalties, recording cases in personal files, suspension from service and many other unpleasant consequences. The public outcry does not allow to leave the case without consideration, to “unsubscribe” from the claim. Publication of such cases negatively affects the reputation of the FSSP. In some cases, media treatment can be even more effective than appealing against decisions or behavior of bailiffs in the prescribed manner.
Finally
What method will be used to protect the rights, everyone should choose. However, in any case, it must be remembered that actions should not be contrary to the law. For those who choose to appeal in the manner prescribed by the Federal Law, one should carefully study the requirements of the norms and observe the period during which the claim can be sent. If necessary, you can seek advice from a qualified lawyer.
