Head of Bailiffs. Write a complaint to the head of the bailiffs Functions and responsibilities of FSSP employees

from 31/12/2018

One of the ways to intensify actions to enforce a court decision is to file a complaint with the senior bailiff. It is desirable to have a reason. For example, the actions of a bailiff are contrary to the law. The bailiff fails to act or otherwise violates the rights of persons participating in the case. But in general, filing a complaint will force attention to. Subject to compliance with the requirements for the content of the document.

The procedure for filing a complaint is regulated by Chapter 18 of the Federal Law “On Enforcement Proceedings”. The law established requirements for the filing deadlines, form and content of the document. In addition to complaints, citizens and legal entities always have the right to go to court.

Example of a complaint to a senior bailiff

Senior bailiff

OSP Zarinsky district

Altai Territory

from Petrenko Viktor Sergeevich,

address: 656000, Barnaul, st. Vyazemskaya, 115, apt. 2

tel. 854258156

I, Petrenko Viktor Sergeevich, am the claimant in the framework of enforcement proceedings dated December 17, 2021 No. 2346/14/24346/2021. I received a writ of execution, series FS No. 148/14, on December 16, 2021 in the Zarinsky City Court of the Altai Territory in a case caused by an accident. Personally presented it to the OSP of the Zarinsky district. The debtor in enforcement proceedings is Vasilina Igorevna Kory. Enforcement proceedings are being carried out by bailiff Anton Sergeevich Zaitsev. So far, 5,000 rubles have been recovered in my favor. in accordance with the foreclosure of the debtor's funds. In addition, a decision was made on a.

On October 11, 2022, I contacted the bailiff with. I have established that enforcement actions in my case have not been carried out since April 2022. In violation of Art. 14 and 64 of the Law on Enforcement Proceedings, the debtor did not provide information about the property owned by him and about the accounts held in banks or other credit organizations. In violation of Art. 65 of the Law, an executive search for the debtor’s property has not been announced. Measures to foreclose on the debtor's property were also not carried out.

Based on the above, guided by p. 14, 50, 64, 65, 123-124 of the Federal Law “On Enforcement Proceedings”,

1. Consider my complaint on its merits.
2. Conduct a check of the information I have presented and oblige the bailiff of the OSP of the Zarinsky district to take and implement all measures provided for by the Federal Law “On Enforcement Proceedings” to satisfy my demands in accordance with the writ of execution and within the framework of enforcement proceedings dated December 17, 2021 No. 2346/14/24346/2021.
3. Notify me about the consideration of the complaint in the manner prescribed by Art. 127 of the Law.

Petrenko V.S. October 20, 2022

Complaint to the senior bailiff: content

Any person who takes part in the process of executing a court decision (another body) has the right to submit an application (complaint) to the senior bailiff. These are both and participants (including within the framework of the commission).

The applicant has the right to file a complaint within 10 days from the date of the disputed decision, refusal to satisfy applications (for example, for renewal, etc.), or from the fact of establishing the inaction of the bailiff. In the latter case, the complaint must express what exactly the inaction was. That is, what actions should the bailiff have taken (and within what time frame). If 10 days for filing a complaint are missed, the applicant submits a petition to restore the missed deadline.

The text of the complaint must include the following information:

1. Full name, position of the official whose actions, refusal to commit them or whose inaction is being appealed;
2. FULL NAME. applicant, address, contact telephone number.
3. Grounds for appeal (legal basis of the complaint).
4. Requirements: consider the complaint, bring to justice, cancel the illegal decision, etc.

Documents contained in the case file may not be provided. But if the applicant has them, but is not present in the case (this can be found out by submitting an application for familiarization with the enforcement proceedings), they are attached to the complaint. The document is signed by the applicant himself or his representative (if there is a power of attorney). Moreover, a special power of attorney.

The following documents cannot be appealed: on the collection of a; the result of a property valuation made by an appraiser. Or if a similar complaint has already been considered by the court.

Rules for filing and considering a complaint to a senior bailiff

A complaint against the decision of the bailiff is submitted to the senior bailiff, who is his superior. This can be done at a personal appointment through the UFSSP website.

Article 123 of the Law on Enforcement Proceedings contains a list of persons to whom the complaint is addressed. It depends on who approved the decision being appealed. In principle, the applicant can immediately send a complaint to the chief bailiff. This is the head of the Federal Bailiff Service for the region. It will be addressed (redirected) to the address.

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Lawyer's answer to the question:

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Lawyer's answer to the question: write a complaint to the chief bailiff
Elena, you have the right to appeal the inaction of the bailiffs to the court or the prosecutor's office.
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Yanina, since everything has been stated here, write, title the complaint and describe what was recovered from whom, in what amount, how alimony is paid or not paid, what kind of debt, who is to blame in your opinion and what you are asking for (to take action)
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Write a complaint about the court's inaction. bailiff If the debtor is a pensioner, he is obliged to pay alimony from his pension.

If not and doesn’t work, then he pays alimony based on the average salary in Russia.

Ready to help.
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the complaint is written in free form

Article 124. Form and content of a complaint filed in the order of subordination

1. A complaint against a decision of an official of the bailiff service, his actions (inaction) shall be submitted in writing. The said complaint must be signed by the person who filed it or his representative. The complaint signed by the representative must be accompanied by a power of attorney or other document certifying the authority of the representative.

2. The complaint must indicate:

1) position, surname, initials of the official of the bailiff service, resolution, actions (inaction), the refusal to perform whose actions are being appealed;

2) last name, first name, patronymic of the citizen or name of the organization that filed the complaint, place of residence or place of stay of the citizen or location of the organization;

3) the grounds on which the decision of the official of the bailiff service is appealed, his actions (inaction), refusal to take actions;

4) the requirements of the person filing the complaint.
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Please tell me, I want to write a complaint against the bailiff. The essence of the issue: one bailiff collected the debt from all accounts...

Question for a lawyer:

Lawyer's answer to the question: write a complaint to the chief bailiff
File a complaint here:

http://r74.fssprus.ru/ir/
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Lawyer's answer to the question: write a complaint to the chief bailiff
Hello! You can file a complaint with the prosecutor's office regarding these facts.
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Lawyer's answer to the question: write a complaint to the chief bailiff
First, you need to get an appointment with the bailiff and find out what is happening with the enforcement proceedings, where is the writ of execution, what work was done with the debtor, and therefore the enforcement proceedings were “completed”. In accordance with Art. 395 of the Code of Civil Procedure of the Russian Federation, you have the right to go to court and demand interest for the use of other people’s funds at the refinancing rate of the Central Bank of the Russian Federation.
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Art. 123 FZ-229 "OIP" read it yourself.
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Lawyer's answer to the question: write a complaint to the chief bailiff
Sample complaints are available on the Internet. Contact the bailiff with an application to remove the seizure from the account and return the funds and provide documents confirming that you receive wages into this account. The arrest must be lifted. Otherwise, appeal the bailiff’s inaction in court.
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Lawyer's answer to the question: write a complaint to the chief bailiff
It depends on what reasons. If you have paid the debt in full, then the bailiff should have closed the enforcement proceedings long ago. And when closed, it is automatically deleted from the database (available for viewing on the Internet).
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Hello, Georgy Vladimirovich!

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Who do bailiffs report to? They report to the senior bailiff. If you are faced with unfair treatment on the part of a bailiff, then you can file a complaint against him. At the same time, practice shows that such complaints have little impact. So, if we are talking about a very serious violation, then it is best for you to immediately go to court.

Notice uv. judicial what is it?
Thinking about the notice uv. Judicial what it is, the main thing is to understand some basic aspects of the judicial process in any court of our state.

Who do the bailiffs report to and how to file a complaint against them?

Bailiffs are the executive branch. After a court decision, they try to do everything possible to ensure that the court decision is implemented. However, all actions of the bailiff are initially supervised and controlled by federal law. It is for this reason that bailiffs cannot exceed their powers. If there is abuse of power, then you must independently protect your rights and interests by going to court.

1. Complaint to the senior bailiff;
2. Complaint to the prosecutor's office;
3. Complaint to the court.

Practice suggests that it is most effective to immediately use all types of influence on bailiffs.

What happens if you complain about a bailiff?

If you initially contact the senior bailiff, then in this case the bailiff will receive the minimum punishment. The maximum is a reprimand without entering it into your personal file. As for contacting the prosecutor's office, if violations of the law are proven with abuse of authority, then even a criminal case may be opened. But, most often, the influence on the bailiff occurs through a complaint to the court. In this case, there is a high probability that if there is evidence of the bailiff’s illegal actions, you can not only win the case, but also get the negligent employee fired.

Of course, the activities of bailiffs are a very important aspect of the entire judicial system. At the same time, all bailiffs must work within the law. All actions or inactions of bailiffs can be discussed in court. But, you must understand that when filing a lawsuit, you can succeed only if you have strong evidence that you are right.

Today you need to skillfully and correctly protect your rights and interests on your own. And if you have a situation where you are faced with a careless bailiff, you should not leave everything to chance. You need the help of a specialist - a lawyer who can immediately correct your actions and guide you on the right path to protect your interests. The recusal of a bailiff is carried out solely by a court decision; in addition, the court may refer the bailiff’s case to the investigative authorities if his actions were criminal in nature.

How to complain about a judge?
How to complain about a judge? Even a judge's actions can be biased, so you should know how to complain about a judge to challenge his actions. Complaint against a judge.

There are many sources ready to comment on what dreams of a trial mean and what to expect after such a dream. If in a dream you had to receive an invitation.

What is evidence in court? The question is very serious. The legislation of our country clearly defines the concept of evidence, and also defines what may refer to.

What is the judicial system?
For those who are looking for an answer to the question What is the judicial system. First of all, it should be understood that the judicial system operating today on the territory of the Russian state.

Year of birth: 1984
Country city: Russia / Tula
Education: Higher legal
and higher philological
University: Tula State University
Place of work: Service "Lawyer"
Job title: Lawyer-consultant
Family status: Married
About Me: I have experience working in government and commercial structures. Currently I work from home: I write articles and consult people by phone. Working from home allowed me to finally start writing my PhD thesis.

Why do you dream about a trial?

What is evidence in court?

What is the judicial system?

How to become a forensic expert?

When will Vasilyeva's trial take place?

How and where to complain about bailiffs

Currently, there is still a tendency for representatives of the judiciary to violate the rights of citizens. It happens that bailiffs abuse their powers, perform their duties ineffectively, or violate professional ethics or procedures. Where to complain about bailiffs?

Chapter 18 of the Federal Law “On Enforcement Proceedings” defines the procedure in which to appeal against the inaction or illegal actions of the executors of the Federal Bailiff Service. According to the law of the Russian Federation “On appealing in court actions and decisions that violate the rights and freedoms of citizens”, the procedure in which the inaction or actions of these employees should be challenged is determined.

Complaint procedure

The Law “On Enforcement Proceedings” states that a complaint against a bailiff is possible within 10 days from the date of his commission of illegal actions, refusal to challenge, or the established fact of his inaction. It is important not to miss this deadline. If you were not notified of the time of such actions, then a complaint can be filed within 10 days from the date you became aware of the violation.

Where to complain about bailiffs?

The complaint is filed in the order of subordination.

1. The very first authority to which appeal is made in writing is senior bailiff. to whom does the employee who violated your rights report?
2. A claim against the decision of the senior bailiff, against himself, his deputy, or their inaction or actions should be filed by the chief bailiff of the constituent entity of the Russian Federation, who is subordinate to that senior bailiff.
3. A complaint is made against the chief bailiff of a constituent entity of the Russian Federation or his deputy to the chief bailiff of the Russian Federation.
4. The executor of the court decision can be filed both with his superior officials and through the bailiff himself, whose actions are being appealed. In the second case, the bailiff must transfer your complaint to a higher official within three days.
5. If you change your mind about complaining, you can withdraw your complaint before a decision is made on it.

Read also: Certificate of absence of bankruptcy

How to file a complaint?

The procedure for filing a complaint is as follows.

1. The complaint must be made in writing. It must be signed by the person who applied for it. Should indicate full name bailiff. illegal action, inaction or decision of which you want to appeal.
2. Next, full name. the citizen who submits the application, his home address or place of residence.
3. Then the grounds for appealing the decision, its inaction or actions are formulated.
4. After this, the citizen filing the claim puts forward demands.

There is no need to rush to provide documents confirming the circumstances specified in the complaint. If necessary, you will receive a request for them from the official who will handle the complaints. But, you should know that in this case consideration of the complaint is suspended for no more than 10 days.

A complaint that was filed in the order of subordination must be considered within 10 days.

On the procedure for appealing decisions of bailiffs, their inaction or actions

Where can I complain about the executor of a court decision? To challenge the decision of the executor, his action or inaction, You can go to a court of general jurisdiction or to the arbitration court.

Your application to the court must be considered within ten days, taking into account the specifics established by the Federal Law “On Enforcement Proceedings”.

There are still options for where to complain about performers, ship proceedings. It is possible to file a complaint directly with the Federal Bailiff Service.

Use their official website fssprus.ru. Go to the website, go to the “Reception” section and fill out your complaint on the special form provided there.

In addition, as practice shows, there is still a very effective address where to complain about bailiffs - this is the Presidential Administration.

If you suspect the contractor of bribery or misappropriation of funds received from the debtor, file a complaint with the prosecutor's office. This can also be effective and solutions come from there almost immediately.

Finally, do not forget about the informal method of combating lawlessness on the ground. In addition to the official complaints that you send to government agencies, use an equally effective way to draw attention to the abuses of a representative of the judiciary - publication on the Internet. Share your negative reviews and complaints about the bailiff. Complaining publicly greatly increases your chances of being heard. It will be very difficult for officials to ignore such a complaint.

Uphold and protect your rights in all available ways and take as many chances as possible to stop the abuses of bailiffs and force them to fulfill their duties within the law.

Where to go if bailiffs fail to fulfill their duties?

Perhaps there are different ways to influence bailiffs, but I only know that the bailiff can be held accountable.

According to Article 441 of the Code of Civil Procedure of the Russian Federation, the claimant may file a complaint against the actions (inaction) of the bailiff in executing the court order or against the refusal to perform such actions.

The complaint is filed with the court of the district where the bailiff performs his duties. The trouble is that such a complaint must be filed within 10 days from the date of the action (refusal to perform the action) or from the day when the collector, who was not notified of the time and place of the bailiff’s action, became aware of it.

A complaint against the actions of a bailiff is considered at a court hearing. All participants in the case (claimor, debtor and bailiff) are notified of the time and place of the meeting, but their failure to appear does not prevent the resolution of the complaint.

Based on the results of consideration of the complaint, the court makes a decision.

Thank you for your answer, Galina Vladimirovna.
My friend has already done what you described. The result is zero.
All these recommendations would be good if we lived in a state where laws were respected. Unfortunately, it is not.
That is why I asked the question - who do the bailiffs report to? Since going to court did not yield anything, it means that the authorities are inactive. I do not rule out the possibility of appealing to the president. Therefore, to begin with (bypassing the inactive court), I am interested in the authorities that control the work of bailiffs.

They asked where to contact, and they answered. You did not mention the trial as a completed stage. By incompletely formulating a question, you not only do not get the answer you need, but also waste time from the Consultants. Moscow bailiffs are subordinate to the chief bailiff of Moscow, to whom you can contact with a complaint about the actions (inaction) of the bailiff at a personal reception or in writing at the address: Moscow, 125047, st. Butyrsky Val, 5.

I'll think about what's best to do.

If the answer did not help you, it is more productive to clarify the question by adding the missing details (as you did) and send it back to “open”. And additionally: there is Article 315 of the Criminal Code: “Failure to comply with a court sentence, court decision or other judicial act.” In addition, the Ministry of Justice accepts requests from citizens, incl. and on issues of execution of court decisions. You can apply in person, by mail, or send an appeal electronically. website
If the result is “zero” everywhere, contact the European Court of Human Rights website
with a complaint about violations allegedly committed by the Russian authorities.

Features of the implementation of the rights and obligations of bailiffs in 2017

In Russia, legal disputes are not uncommon. After their completion, a reasoned and fair decision is made, which the losing party is obliged to comply with. The implementation of the court order is monitored by employees of the Federal Bailiff Service (FSSP). State civil servants have broad powers, rights and responsibilities, which are regulated by law. However, not every Russian understands what a bailiff does and who the FSSP employees are to ensure the established order of court activities (OUPDS).

Read also: Check the decree of the bailiffs by decree number

To understand who bailiffs report to, what they do, and what functions they perform, citizens need to carefully study the Constitutional norms, the federal laws “On Enforcement Proceedings” and “On Bailiffs,” and individual government acts and regulations. However, knowledge of the theory does not guarantee that citizens will be able to apply the information received in practice, correctly determining the nature of the bailiff’s work. In the current circumstances, the best solution would be to seek advice from a competent lawyer.
There is no need to spend money on the services of commercial lawyers. To obtain qualified legal support, it is enough to have access to the Internet. Online lawyers know the specifics of applying current legislation and have practical experience in the industry represented. Therefore, it will not be difficult for them, based on the information received, to answer the questions of applicants, draw up an individual algorithm of actions and explain what functions, responsibilities and rights bailiffs and employees have under the OUPDS. Remote consultant services will save your resources, effort and time.

Rights of bailiffs

The federal bill “On Bailiffs”, signed in 1997, establishes the rights available to officials in the FSSP. The list is extensive, but despite this, the workload on the department is growing every year. In this regard, a project was submitted to the State Duma proposing to further expand the powers of employees of this state structure. After discussions, the government approved the innovations.

The work of a bailiff is associated with people who neglect the law, the court and their civil rights. Due to the expansion of powers, FSSP employees can work more effectively, because they often have to deal with aggression from Russians and their incorrect behavior. Legislation assigns a wide range of powers to civil servants. Basic rights include the ability to:

• obtain the necessary information on the case;
• carry out inspections and research;
• give instructions to the participants in the proceedings on the writ of execution;
• enter the premises for inspection;
• seize accounts and property, as well as confiscate the latter;
• announce a search for the debtor;
• involve other government bodies in the implementation of the court order.

According to the new rules, bailiffs will have the right to use physical force and weapons. When the State Duma considered the proposed innovations, this issue was very acute. After all, it is important to prevent the arbitrariness of FSSP workers. Therefore, strict requirements are imposed on applicants for the position of bailiff. After using physical force or weapons, the service employee is obliged to notify the senior bailiff, who controls the actions and is responsible for the work of the FSSP department, in writing within 24 hours.

Roles and responsibilities of FSSP employees

In addition to the fact that bailiffs have broad powers, they have many responsibilities. The functions of FSSP employees are regulated by current legislation. The law stipulates that a bailiff carrying out proceedings under a writ of execution must:

• provide the parties to the case with materials for review;
• consider statements, claims, complaints and petitions from the plaintiff and defendant;
• receive and process information, store documents;
• announce a search for the defaulter or debtor;
• transfer the attacker to the investigative authorities if he violated the Code of Criminal Procedure of the Russian Federation.

To fulfill their duties, bailiffs have the right to use legal tools. FSSP employees are not authorized to guarantee compliance with the requirements of the writ of execution, but they are obliged to do everything to achieve the implementation of the court order. This is the main responsibility of a civil servant.

Any enforcement proceedings have a statute of limitations. According to general rules, it is three years, but depending on the circumstances it can be extended or shortened.

The methods of bailiffs that allow civil servants to efficiently perform their duties and functions are the seizure of accounts and property, a ban on traveling abroad, restrictions on receiving government services, deprivation of the right to drive a vehicle, and community service. The current regulatory and legal system provides for various measures of responsibility for bailiffs who exceed their powers. If an FSSP employee does his job poorly: he ignores duties, is inactive, exceeds his rights, he will face administrative liability or deprivation of his position. If a citizen notices violations in the work of bailiffs or employees of the public service department, he has the right to complain within 10 days in accordance with the jurisdiction of the person who controls the work of this civil servant, or to the court.

Powers and features of the activities of bailiffs under OUPDS

Before studying the functions, rights and responsibilities of FSSP bailiffs, as well as who to complain about the incompetent work of civil servants, it is necessary to separate the system. FSSP employees are divided into bailiffs, who take control of compliance with executive acts, and bailiffs for OUPDS. Specialists of the second group are at the entrance control of the courthouse. Also, OUPDS employees perform a power function and support bailiffs when they perform the work of forced collection of funds or seizure of property.

Bailiffs for OUPDS perform various tasks, including: organizing specialized territorial operational duty departments, ensuring the safety and confidentiality of data, etc. Also, such specialists carry out a wide range of actions listed in Federal Law 118 “On Bailiffs”. To learn more about this regulatory act and understand the nuances of putting it into effect, you need to contact a competent lawyer online in advance and clarify all your questions with him. People are especially often interested in who the FSSP reports to? Both civil servants performing executive functions and bailiffs under the OUPDS are under the jurisdiction of the Ministry of Justice of the Russian Federation.

When carrying out their duties, police officers must wear uniforms with distinctive insignia. On the FSSP employee’s uniform, on the left chest, there is a badge with the department’s coat of arms. It is a necessary attribute, even if the police officer is in civilian clothes. Each badge is registered, has a series and number.

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