The bailiff is who? Resolution and enforcement proceedings of bailiffs

It is well known that any court decision ends with its execution (in case the parties have not decided to resort to an amicable agreement). Is it possible for the defendant to indemnify, or will the specially trained and responsible person take care of this? Time will tell.

In civil proceedings, a month after the announcement of the decision in the courtroom, the court issues a writ of execution signed by the judge to the plaintiff. The plaintiff, at his own discretion, can present this document to one of the bodies indicated in the Federal Law on Enforcement Proceedings: a pension fund, an employer or directly to the federal bailiff service at the defendant's location (city, village, village). Most often the sheet is sent to the bailiff service. There, depending on the territorial affiliation of the defendant (residence permit)? The list is fixed by a bailiff-executor. This is the person who will "beat out" money from the debtor.

FSSP

FSSP, or the federal service of bailiffs, is an executive body whose duties, in addition to control and supervision in the established field of activity, include ensuring the enforcement of a court decision. In other words, the court bailiffs implement the verdict.

These are civil servants. So, to the person who has decided to be engaged in this sphere of activity, special requirements are made:

• The first is the same age for everyone (at least 21 years).

• Second education. Depending on the position taken, it can be either a general average (for example, for a bailiff performing security functions in meeting rooms) or higher professional - economic or legal.

• Third - the state of health. Here, again, the requirements for the bailiff and the court bailiff are different. Although practice shows that sometimes the process comes to a "bun", which is not that the criminal will not be able to twist - the bulletproof vest does not pull on itself.

What the bailiffs do

The work of the bailiff is a number of duties imputed to him by the Federal Law on bailiffs and other regulatory legal acts.

As already noted above, bailiffs are divided into two categories:

• Those who provide the established procedure for the activities of the courts (roughly speaking, the guards in court);
• Those who are engaged in paperwork (the bailiff-executor).

Next, we will discuss the nuances of such activities.

A bailiff is someone who clings to every little thing

Unlike civil guards who live in shops or shopping centers, the bailiff has every right to use physical force. Naturally, it's not right for him to wave his hands like that. So, before hooking up a bully or using firearms against him, the bailiff is obliged to make an oral warning about the intention to use protective equipment.

Has the right to use force

Exceptions are only in cases where procrastination is dangerous to life. Also, the bailiff is the person who is obliged to provide first aid and call an ambulance. In each case of using physical force, he is obliged to notify the senior bailiff and the chairman of the court, and in case of injury or death - the prosecutor.

At the same time, the bailiff is not allowed to use physical force against a person who commits a non-violent offense. That is, if the father does not pay alimony, it is forbidden to convoy him to the courtroom in handcuffs. The category of "untouchable" also includes pregnant women, minor children and disabled people. Exceptions, again, are created only for those who committed a non-violent offense. The bailiff must know this well and keep it.

A little about the reward

About how much this ungrateful work can be judged by the payments that the state provides in case of disability of the bailiff.

Such an employee receives about 20,000 rubles, plus or minus bonuses and premiums. In case of his death, the state pays 180 times the average monthly salary. By simple mathematical calculations we get 3 million 600 thousand rubles. Is it worth the life of someone's son or father?

If everything was not so tragic, but it's impossible to work as a bailiff (read - invalid), the law obliges to pay compensation in 36-fold amount - 720 000 rubles.

Of course, in both cases the state pays a pension, but the result of this will not change. A bailiff is a person who risks his life.

What does the bailiff do

The second list of duties is slightly wider.

So, the bailiff-executor:

• Takes measures for the timely, correct and complete execution of relevant documents (writ of execution, court order, agreement on the payment of alimony, etc.);

• Acquaints the parties of the executive proceedings or their representatives with the case materials;

• Accepts for consideration an application to initiate an enforcement proceeding, passes a resolution on it (here it is just the decision of the bailiff of the executor - this is the documented filing of the case, that is, so far the decision has not been passed, the bailiff has no right to take any actions with respect to the debtor, Such as: arresting accounts, keeping singing, coming to the house);

• Carries out search of the defendant, property of the defendant, search of the child, etc.

Which of the following is the conclusion? A bailiff is a public servant whose legal requirements are required to comply with all bodies, organizations and citizens in the territory of the Russian Federation.

How are you getting on?

The bailiff on the basis of the application and the legal document attached to it (the writ of execution, the court order , etc.) initiates the enforcement proceedings. Its material reflection is the decision of the bailiff. This is a document in which all information related to the debtor is reflected. Namely: personal data, the amount of debt, its rights and responsibilities.

And finally

The bailiff service is a body of executive power that performs functions to ensure the established procedure for the activities of courts, the execution of judicial acts, acts of other bodies and officials, as well as enforcement functions and control and supervision functions in the established field of activity. Unfortunately, the list of all these tasks is sometimes difficult to fulfill due to the confrontation of both sides, one of which must be carried out by a court decision, while the other refuses to cooperate because of their personal conclusions and financial possibilities.

Another drawback of such activities is that employees, most often not interested in their work (due to natural laziness or lack of proper financial incentives), very often lose their business, confuse debtors, transfer money to wrong accounts and not at the requisites. So, if someone happened to encounter this "state machine", then you need to be prepared for the fact that everyone up to a penny will have to be controlled independently. Otherwise, he will be hanging in debtors on the "honor board" and in the federal search forever.

The human factor here, as nowhere else, very clearly makes itself felt. In this case, do not expect that you will apologize if you point out the error. Like in any state structure, here they often work according to the "soviet" method. At best, they will rudely inform you that you are not welcome here. But, like any official, a bailiff can be lodged with a complaint - you look, you will think better and start working.