In the process of employment, many seek information on a vacant position, on its prospects, career opportunities, stability and the amount of earnings. This applies not only to private, but also to state structures, for example, job reviews have recently become of interest to applicants. What is necessary for building a successful career, what are its pros and cons, about this in the article below.
What is required of candidates
The conditions for entering the civil service are regulated at the legislative level. The main ones concern almost all categories of posts:
- Russian citizenship.
- Age over 21 years.
- Higher legal education (or not lower than secondary special).
- Lack of criminal record.
- If we are talking about men, then the post of bailiff is taken after serving in the ranks of the Russian army.
Most employees speak of being a bailiff as one of the most difficult psychologically. The execution of court decisions, law enforcement agencies, the tax service requires the employee to have self-control, stress resistance, confidence in their actions and tolerance. The bailiff is required to strictly follow the letter of the law and strictly fulfill his duties. The requirements include good physical fitness, as sometimes you have to withstand the attacks of debtors, pacify their anger.
What regulatory documents need to be studied before entering the service?
In order to fully carry out their duties, the bailiff must be well versed in regulatory documents. The main one, of course, is the Constitution of the Russian Federation. However, just knowing her article is not enough. It is also important to know the norms of the civil, criminal and administrative offenses code.
In the process of fulfilling his duties, the bailiff is guided by the federal laws of the Russian Federation: “On Enforcement Proceedings”, “On Bailiffs”, “On Appraisal Activities”, as well as the provisions and regulatory legal acts of the Ministry of Justice of the Russian Federation.
Bailiff responsibilities
Depending on the field of activity, reviews of the work of the bailiff differ. After all, there are experts who control the order in the meeting room, while others work with debt collection. This difference makes significant adjustments in terms of emotional satisfaction with the work performed, working conditions, functional responsibilities and pay.
As a rule, the first specialists have a normalized work schedule and relatively calm working conditions. If we talk about those who execute the court decision, then the range of responsibilities they have significantly more. They accept citizens and pay debts (by issuing appropriate receipts), visit debtors at their location. This category of employees has irregular working hours, often when leaving they are accompanied by armed security.
This is a rather complicated and dangerous field of activity, as you have to work with aggressive and inadequate people. Therefore, the state has a separate post of assistant bailiff. Reviews about working in pairs have more positive shades than alone. Since it is possible to distribute the load and avoid procedural errors.
Powers in court
The feedback on the work of the bailiff of the OUTP (stands for ensuring the established procedure for the activity of the courts) suggests that this area of activity is also associated with stress, health risks and great responsibility. According to Order No. 226 of the Ministry of Justice of the Russian Federation on approval of instructions on the procedure for bailiffs to carry out their activities in court, they provide:
- Turnout at a meeting of witnesses.
- Safety of process participants.
- They monitor the order during the process in the hall (if participants violate public order, they can remove them from the court session by order of the judge).
- They guard the premises of the deliberation room, office premises during the allotted working time for this (they monitor the serviceability of communication equipment, alarm systems, including fire fighting equipment).
If necessary, the bailiff can use physical force, weapons to establish order and security within the framework of his powers established by the Federal Law of the Russian Federation “On Bailiffs”. If a person refuses to appear at the hearing, then he must be brought in by the bailiff, for which he is allocated a vehicle.
The bailiff may be instructed by a judge to deliver evidence, criminal cases from the court registry to the place of the hearing.
Work with child support
Reviews of employees about the work of a bailiff in Moscow are somewhat different from those who serve in small towns. This is due to the size of the city, a large number of residents, complex traffic. If we compare the load and staff turnover, then in megacities it is, of course, higher. However, this does not significantly affect wages. By the way, if the activity of the bailiff is related to the collection of alimony, then often they have to deal with defaulters or debtors who work informally.
Collecting even small amounts from such debtors can be extremely difficult. It’s easy for them to hide, change their place of residence, work, which complicates the work process. Perhaps this is one of the most difficult categories of debtors.
For those who are looking for work as a bailiff in Moscow, it is better to study feedback on working conditions and salaries in advance. This will help to approach the fulfillment of duties without illusions that it will be possible to have a normalized schedule and adequate loads.
Bailiff Responsibility
As an official, the bailiff is responsible for the excess of his powers, the unfair performance of duties under the laws of the Russian Federation. If the employee has caused damage to the organization, citizens, then he is subject to compensation in full. Any form of inaction on the part of the bailiff may be filed with a complaint to a higher manager or to a court. The work of the employee is monitored by the prosecutor.
Reviews about the work of bailiffs in Yekaterinburg are mostly negative, however, as in most other cities. Probably affected by staff turnover and a large amount of work. Bailiffs simply do not have time to cover all debtors in the allotted time period. In order for their work to be more effective, everyone who is interested in repaying debt needs to be proactive, provide relevant and complete information. In order to exclude the negative reaction of citizens, it is important for bailiffs to show sincere interest in resolving issues of the injured party and respond to calls in a timely manner. It is with this that a large number of complaints are connected - the bailiff's lack of interest in solving the problems that a person has encountered.
In case of confirmation of the fact of misconduct, non-fulfillment of duties, the bailiff may be punished with a disciplinary sanction, which in a personal and labor case is recorded as a remark, reprimand, a warning that the employee does not correspond to his position, dismissal and discharge. Suspension may be temporary.
If the misconduct falls under the norms of criminal law, then the bailiff may be held liable according to the letter of the law (for example, under Articles 286, 292 of the Criminal Code of the Russian Federation).
Debt collection
If we are talking about bailiffs who work with debt collection, then they can penetrate into the premises if it belongs to the debtor, even if no one opens the door. In this case, it is hacked. The basis for such radical actions is the permission of the senior bailiff. There is a certain regulation that is used when leaving the house to the debtor:
- On weekends, trips are not carried out, time also matters, it should not be earlier than 6 in the morning and later than 10 in the evening.
- Employees of the service should not come to debtors who voluntarily perform their duties or receive a deferred payment.
- Actions during the visit should in no way harm the health of citizens.
According to the established practice and reviews of the bailiffs, the work is not limited only to conversations, personal property of the debtor may be arrested as a way of paying off the debt. As a rule, the employee does not conduct such events alone, but together with colleagues, in some cases with the security department. This is due to the fact that not everyone is happy to want to part with their household, audio, video equipment, pieces of furniture, antiques.
To fix the seized property, the bailiff draws up an inventory, which records the number and description of the seized items. At the end, the owner’s signature is put, but even if he does not, the document does not lose its strength. About this in the inventory put a separate mark. During the arrest, two witnesses are present who are disinterested and confirm the legality of the actions of the bailiffs. Testimonials from witnesses during the event may indicate violations or unlawful actions by civil servants.
There is a list of things that cannot be arrested:
- The only living space in which the debtor lives, except for the one that is in the mortgage.
- Housewares (dishes, shoes, clothes).
- A car, if it is the only source of income.
- Property owned by relatives (e.g. spouse).
- Specialized vehicle for the movement of a disabled person (wheelchair).
- Cash in the amount of not more than a living wage.
Employee Credentials
Any actions of an employee are regulated by legislative acts of the Russian Federation. You can look for flaws, positive or negative reviews about the work of the bailiff, but those who can abstract from the daily routine devote their lives to this activity. The main task in this case is to conscientiously fulfill their powers, which include:
- Conducting inspections in the organization where the debtor works, upon the fact that he has performed his duties.
- To give instructions to the participants in the enforcement and judicial proceedings.
- Declare the property of the debtor or himself on the wanted list.
- Call for discussion of citizens who are participants in enforcement proceedings.
- Contact the judicial authorities for clarification on the lawfulness of the enforcement proceedings.
The authority includes seizure of the debtor's bank accounts. Many for this do not like the work of bailiffs. Feedback from employees of St. Petersburg (St. Petersburg) and other cities confirms that debtors who shy away from fulfilling obligations themselves become a source of negative feedback. In order to achieve the maximum result from the performed duties, the bailiff must strictly adhere to the instructions established by the Ministry of Justice, federal legislative acts, and internal regulatory documents.
Taking the writ of execution in the work, the bailiff makes a decision on the initiation of enforcement proceedings.It can be completed as a result of: paying off a debt, liquidating or declaring a debtor bankrupt, recalling an executive as a recoverer, expiration of the statute of limitations of a judicial act or other documents on the basis of which proceedings are instituted. Also, the reason may be withholding the amount from the debtor's income by sending a writ of execution to the organization where he works.
Positive sides
If you look for positive reviews about the work of the bailiff as a bailiff, employees with great experience will be able to note only that they are satisfied when the malicious defaulters cease to be such. Repayment of debt, timely receipt of funds to the account, restoration of infringed rights - this is only an insignificant part of what can brighten up the bailiff's workdays.
There is a certain category of people who like to take on complex projects, seek justice where they have not been hoping for it for a long time. They can cope with a large flow of information and remain calm in a stressful situation. Positive moments in the work are found for both men and women. Therefore, it cannot be said that this profession has any specific requirements for gender.
Employee reviews of work in the bailiff service do not always relate to working conditions. Among the advantages, it is possible to note the possibility of retirement after seniority, receiving a rank and corresponding benefits from the state. As specialists, the bailiffs get a lot of legal experience, interact with different government agencies.
Shortcomings in work
Negative feedback on the work of the bailiff is associated with the need to perform a huge amount of work, at times not only for themselves, but also for colleagues on vacation. A qualified specialist keeps in mind a large amount of regulatory literature, laws, and is aware of the amendments to federal legislative acts. Communicating with different people, most of whom experience difficulties in their personal lives, finances, can cause physical and mental exhaustion.
Supported by an irregular work regime, activity does not allow one to freely manage personal time and plan ahead for a long time. Therefore, it is worthwhile to responsibly approach the work of a bailiff. Employee reviews agree that it is very difficult for young professionals, and they do not withstand the intense rhythm of work. This leads to the fact that the state constantly has a vacant position or bailiffs often replace each other.