Tasks of enforcement bodies

The enforcement bodies in the Russian Federation are the bailiff service. It is she who will perform the necessary actions both in court and beyond. In some cases, the functions of bailiffs can be performed by other structures. We learn how the FSSP is organized, what are the powers, rights and obligations of civil servants.

Structure

The activities of the bailiff service are regulated by the Law on Bailiffs No. 118-FZ. At the head of this body is the central leadership of the Russian Federation. Accordingly, in the entities the service is headed by authorized persons in certain regions of the country.

The state executive body, which is entrusted with the functions of law and order, the enforcement of court acts and other state bodies, is the Federal Service of Bailiffs (in short, FSSP). She is in the department of the Ministry of Justice of the Russian Federation. The Ministry of Justice of the Russian Federation coordinates and supervises the activities of the FSSP, as well as the work on the adoption of regulatory acts that relate to the field of this service. Appoints the head of the FSSP, as well as dismisses her, the President of the country.

On the territory of the regions there are the State Departments of the FSSP. They are territorial branches of the FSSP, which are managed by the central office of the Federal Service. The maintenance includes the following structures:

The administrative apparatus of the territorial office.
Structural units of maintenance, which consist of civil servants, maintenance personnel, department heads.

Who can become a bailiff?

Bailiffs in enforcement bodies are officials who are in the civil service. This is stated in part 2 of article 3 of law No. 118-FZ. This resolution also fixes the requirements that apply to a person appointed as a bailiff. This may be a citizen of the Russian Federation from 20 years old with secondary or secondary vocational education (to become a senior bailiff, you must get higher education). He must be able to fulfill the corresponding duties due to his state of health and his qualities. A bailiff cannot be a person with a criminal record.

In the course of their activities, officials are guided by the restrictions and prohibitions established by the Law on Combating Corruption No. 273-FZ and the Law on Civil Service of the Russian Federation No. 79-FZ. Depending on the functions performed, they are divided into:

Bailiffs, who ensure order in court.
Officials executing acts of the court and other bodies.

The bailiffs, who are united in district or other units, are entrusted with functions operating at the territorial administrative level. The tasks of the bailiffs are, in fact, reminiscent of those that were superimposed on enforcement agencies in tsarist Russia before the revolution in 1917.

The work of bailiffs to ensure order in court

This work is carried out by the bailiffs to ensure the order of the activities of the meetings (in short, OUPDS). These specialists are committed to the implementation of state. function imposing liability in relation to the procedure established by the Constitutional and Supreme Courts, the Supreme Arbitration Court of the Russian Federation, general jurisdiction and arbitration courts.

Along with law No. 118-FZ, the legal basis for their activities is regulated by the following acts:

Code of Civil Procedure of the Russian Federation.
Agribusiness of the Russian Federation.
Code of Criminal Procedure.
Presidential Decree No. 1316 "Issues of the FSSP."
Order of the Ministry of Justice No. 384 “On approval of the Administrative regulation of the execution of state.functions to ensure the order of the courts. ”
Order of the Ministry of Justice No. 226 "On approval of the Instruction".
Other acts.

In the process of ensuring law and order at various kinds of meetings and hearings, bailiffs perform the following functions:

Ensure the safety of judges, parties to the process and other participants in the investigation.
Comply with law enforcement orders.
Execute judicial decisions regarding the application of various coercive measures to citizens.
They guard the building of meetings, rooms where meetings are held.
The court rooms are checked for readiness for holding a meeting, the court is delivered to the relevant process, material evidence and their safety.
Maintain public order in the hall.
They interact with the units that carry out the convoy of those who are in custody regarding their safety.
They warn and suppress offenses, identify criminals, draw up protocols, and also detain such citizens and transfer them to the police department.
Drive those who evade appearance.
Participate in executive actions.

The work of bailiffs in the enforcement of court acts

The enforcement of legal acts by enforcement agencies is a mandatory part of justice. The bailiffs are called upon to solve this problem. At the same time, Article 7 of Law No. 118-FZ states that in certain cases the requirements contained in acts may be fulfilled by other state bodies, which operate in the manner provided for by this and other resolutions. At the moment, this procedure applies to acts on the transfer of budget money to individuals and legal entities. This process is established by the Budget Code of the Russian Federation and is discussed in more detail below.

Bailiff Powers

The enforcement of judicial acts is ensured by empowering the bailiff. In particular, he has the right:

Get the information and help you need.
Check the implementation of relevant documents with employers.
To give instructions to individuals and legal entities that participate in the enforcement case, instructions regarding such actions.
Enter the premises that are owned by the debtors or are engaged in them, carry out inspection and opening.
Carry out the seizure, seizure, storage and sale of confiscated items.
Arrest money and other valuables belonging to the debtor.
Use non-residential premises with the consent of the owner to store seized items, assign responsibility for their storage, use the collector or debtor's car to transport things at his expense.
If the requirements contained in the act are unclear, apply to the court or other body for clarification.
To put on the wanted list of the debtor, child, property.
Call persons in accordance with executive documents.
Perform other actions specified in the law No. 118-ФЗ.

Challenging action

The law provides not only the powers of enforcement bodies, but also the procedure for challenging their actions in the courtroom. Moreover, the state duty when considering these cases does not need to be paid. When applying to court, the following provisions must be taken into account, as described in the Code of Arbitration Procedure:

The arbitration court considers disputes on enforcement proceedings, which relate to documents issued by this instance, as well as other papers affecting civil rights, as well as organizations in the field of economic activity.
He is responsible for disputing the actions of enforcement bodies in enforcement proceedings. Exceptions are cases in which the dispute concerns the actions of the bailiff under the executive document of a court of general jurisdiction.
Relevant applications must be reviewed within 10 days.
If the bailiff is injured, he must be compensated in accordance with civil law, in particular the Russian Federation, since the system of enforcement is part of the state bodies of this government.

Rights and obligations of bailiffs

The rights and obligations of enforcement bodies include the following:

Make efforts to implement the relevant documents on time in full.
Provide the opportunity to get acquainted with the case materials to the participants in the process.
Consider applications and petitions, make decisions on them.
Take a withdrawal if you are interested in the outcome of the case or in other circumstances that raise doubts about impartiality.

Obligation to follow instructions of bailiffs

The requirements of the enforcement bodies operating within the framework of the law (the Republic of Belarus, as well as in the Russian Federation) are binding on any state structures, local authorities, individuals and legal entities. They must be rigorously addressed. Otherwise, the bailiff uses the measures prescribed by law. Persons who do not fulfill the relevant requirements have legal responsibility.

If the executive document concerns the recovery of money or their arrest, it can be sent to a banking organization. If the collection amount is less than 25 thousand rubles, then the document can be sent to the employer, to the FIU (if the debtor is a pensioner), to the educational institution (if he is a student). It should be understood that neither tax authorities, nor banks, nor other individuals and legal entities are enforcement bodies.

Executive actions of other bodies

The execution of court acts on the transfer of budget money is established by the budget legislation of the Russian Federation. This is stated in chapter 24.1 of the Civil Code of the Russian Federation, which entered into force at the end of 2005, in accordance with Law No. 197-FZ. The execution of court acts relating to the recovery of funds from the budget is carried out on the basis of relevant executive documents. They should indicate specific amounts in rubles. In this case, the order or the sheet may be presented within the prescribed period or as a result of the restoration of missed deadlines.

In this case, executive documents are performed by such structures as: the Ministry of Finance or similar bodies at the level of regions and municipalities, the treasury. Only in certain cases, official papers are sent to bailiffs.

Sending to the service and return of executive documents

Regardless of the manner in which the enforcement document on the collection of funds gets into enforcement bodies, it is mandatory to attach to it a copy of the court decision and the claimant's statement, which indicates the account details where the funds should be transferred. The application must be signed by the applicant or his representative.

The document that has been received for execution is returned to the person after the execution of the penalty. However, such an action is not a ban on presenting its contents to enforcement authorities in the future. The main thing is to meet the deadlines established by law.

The decisions of the authorities, as well as senior bailiffs appointed by region, including the main RF, may be challenged by those whose rights have been violated by relevant documents.

Conclusion

As you can see, the tasks of enforcement agencies are specified in law No. 118-FZ. However, their definition is narrow. For example, this legal act does not regulate tasks in the field of administrative jurisdiction.