What bailiffs can do. Bailiffs: rights and responsibilities. What can be taken away (taken away)? Does a bailiff have the right to arrest a pension

The presence of debt from a citizen entails not only the blocking of bank cards and the seizure of wages, but also some types of property in order. defined by law.

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At the same time, not all debtors know what else bailiffs can seize and in what order, not to mention measures to collect debt - from suspension of a driver's license to a ban on traveling abroad. And this is not the limit.

Basic moments

According to the latest statistics, there are about 40 million people in Russia who, for one reason or another, have arrears on loan obligations or current payments in the mode of utilities. And what is typical - the growth of debtors every year increases by several percent due to a decrease in the standard of living and loss of solvency.

However, the law is the same for everyone, and a citizen who has assumed financial obligations must pay them off within the timeframe established. Otherwise, he will face a compulsory collection of debt, already with the involvement of bailiffs, whose duties include the strict execution of court decisions and orders on the basis of an earlier court session.

Normative base

Even if there is a court decision to pay off the debt, not all defendants are ready to pay off the existing debt, not only because they do not have the funds, but because they believe that they have a good reason for the formation of delinquencies, and their debt must be forgiven. But the law also protects the rights of creditors who have the right to count on the return of previously provided funds to the borrower.

Thus, for debtors who do not want to enforce court decisions on a voluntary basis, a number of measures are applied, the executors of which are the Federal Bailiffs Service, acting only within the framework of regulatory enactments.

Which things

By virtue of Article 446 of the Code of Civil Procedure of the Russian Federation, items for individual use are not subject to seizure, but with some exceptions.

The bailiffs have every right to take away jewelry, as well as luxury items that are not necessary, that is, the same fur coats, if there are several of them.

The bailiffs are not entitled to confiscate other things, for example, dresses, trousers, shirts, even if the wardrobe is very impressive.

Furniture from the apartment

Furniture is exactly the same property as real estate, which is why the bailiffs can withdraw, despite the overall dimensions, sofas and cabinets, as well as furniture walls.

However, they are not entitled to completely empty the apartment, given that the necessary minimum for personal use must be left.

For example, if 4 people are registered in the apartment, at least 4 chairs, a table, and several beds will not be taken away. By the way, they will not be able to confiscate items that do not belong to the debtor, but, for example, to his grandmother or wife.

Car

As a rule, in order to pay off the existing debt, the first thing that is levied is money and a vehicle, given that both the first and the second are easy enough to withdraw.

However, there are some restrictions on the machine.

So, within the framework of Article 446 of the Code of Civil Procedure of the Russian Federation, a car cannot be taken if it is a way of obtaining a livelihood, which is relevant, for example, for taxi drivers or forwarders.

Phones, TV and other equipment

Household appliances can also be subject to seizure against existing debt, but only in compliance with certain rules:

• If there is a warranty card for each mechanism, as well as data on the purchaser, this will determine the owner. If the same microwave oven is issued by a family member, and not by the debtor, the bailiffs will no longer be able to pick up the equipment.
• Also, the penalty may not apply to all items, given that the required minimum must be left. In particular, the same refrigerator has not been touched, since the family needs to store food somewhere, but the TV and computer can be confiscated. But they will leave the stove, given that it is necessary for family members to cook food, while the microwaves will be deprived, because the porridge can be reheated on the stove.

Donation property

By virtue of the norms of the Federal Law No. 229, any property that belongs to the debtor is subject to seizure, and regardless of how the ownership right was obtained - as a result of a purchase or a gift.

That is, the donated property will be seized on a general basis.

At the same time, I would like to separately note the transfer of the debtor's property to his relatives after a court decision on collection has been made. In this situation, the donation agreement can be challenged, given that evasion from debt repayment is clearly traced.

Money

Money is debited from bank cards and debtors' accounts in the first place.

The debt itself is formed in monetary terms and thus it is easier to cover it.

But the seized property must first be seized, evaluated and sold, and then the debt must be repaid. This takes time and costs.

At the same time, given that it is impossible to completely deprive the debtor of the means of subsistence, the law provides for the percentage of income withdrawal.

In article 99 of the Federal Law No. 229, the amount of the collection is first applied to the existing savings in general, and subsequently only by 50% of monthly earnings until the debt is fully repaid.

At the same time, in a number of cases that relate to compensation for harm to health, this restriction does not apply and collection can be made at the rate of 70%.

Pension

The retirement benefit is income under the law. Therefore, if there is a debt, funds are also charged from the specified payment within the framework of the norms of Article 98 of the Federal Law No. 229.

So:

• If the pensioner's debt is less than 10 thousand on the basis of a collection order sent to the territorial administration of the Pension Fund by bailiffs, employees of the Pension Fund are obliged to withhold.
• If there are not enough funds in the account, the amount of debt is divided into several parts up to full repayment.

For debts

By virtue of Federal Law No. 229, almost all property that belongs to him by right of ownership can be withdrawn from the debtor, as well as a penalty can be imposed on property that belongs to him partially.

That is, in fact, upon confiscation, they can take everything except the necessary minimum belonging to the family, but they will be sorted out after that, and even then on the basis of an application for the return of part of the funds and items due to the fact that the same sofa belongs to the wife, and not to the husband.

Pick up the child

The child, as well as parental rights, is not an object of property assignment.

A dad or mom cannot lose their baby, as well as the legal rights to raise him in the presence of debt.

However, if the dad is a malicious evader from providing for children and has a substantial debt for alimony, mom can initiate a lawsuit to deprive dad of parental rights, of course, in conjunction with other negative circumstances in the form of abuse and evasion of upbringing. But the bailiffs have no right to claim children.

Parents' property

By virtue of Federal Law No. 229, a debtor can be liable for his debts only with the property that belongs to him by right of ownership.

Items and things provided to him for rent or temporary use by other persons, including close relatives, cannot be withdrawn.

That is, if the debtor's dad gave him his computer for a while, the bailiff has no right to seize the specified item.

Real estate (including the only housing)

Residential premises, along with other property, are also subject to seizure to pay off existing debts, but only under certain circumstances.

So, in article 446 of the Code of Civil Procedure of the Russian Federation it is said that an apartment, which is the only residence of a family, cannot be confiscated to pay off a debt, regardless of its size, as well as the presence of other property.

However, if the specified housing is a pledge in a mortgage loan, the condition established by Article 446 of the Code of Civil Procedure of the Russian Federation does not apply.

Driver's license

By themselves, permits for the implementation of any type of activity have no material value for third parties.

That is why a driver's license cannot be withdrawn, but their action can be suspended by order of the bailiffs.

Article 67.1 of the Federal Law No. 229 says that the right to drive a vehicle may be temporarily limited, but not if the debtor's main type of employment is associated with the same driving activity.

Maternal capital

By virtue of the norms, maternity capital can be used not only to cover the urgent needs of children, but also to buy an apartment or to form a mother's funded pension.

However, capital is still not the property of the parents, but a measure of state support, spent under the strict control of the Pension Fund.

And since the money can be allocated only on the grounds approved by Article 7 of the Federal Law No. 256, the bailiffs cannot withdraw the indicated funds to cover the debt.

IP

By virtue of Article 23 of the Civil Code of the Russian Federation, an individual entrepreneur is not a legal entity, although he receives the right to conduct commercial activities.

And since a separate business entity is not created for all its debts, the individual entrepreneur is responsible with his personal property - from an apartment and a microwave oven to a tractor and a lawn mower.

In children

Debts can accumulate not only among adult citizens, but also among persons who have not reached the age of majority. Indeed, by virtue of Article 26 of the Civil Code of the Russian Federation, children from 14 to 18 years old have the right to independently dispose of their funds, as well as to make small household transactions, which in some cases can lead to the formation of debt.

And, nevertheless, in view of their minority, the bailiffs cannot open enforcement proceedings against children, in connection with which they bring parents to justice as legal representatives.

At the guarantor

Within the framework of Part 2 of Article 363 of the Civil Code of the Russian Federation, the guarantor is liable for the debts of the borrower to the bank jointly and severally, which predetermines the possibility of seizure of property from the specified person by the bailiffs.

However, before the property is described in repayment of the debt, you need to carefully study the agreement of the same loan, given that subsidiary liability may not always be present.

Have a large family

The very status of debtors and their belonging to a certain poorly protected social group are not grounds for refusing to seize property.

However, given that parents with many children are obliged to worry not only about paying off the debt, but also about the needs of their children, the bailiff can set them a minimum percentage of debt repayment, of course, after the confiscation of things and items that the family can do without.

If there is no property

Cases when the debtor does not have his own property are quite common. After all, some specially in advance arrange everything for their wife or mother-in-law, while others still do not have time to acquire their own things.

However, it is still necessary to pay off the debts, which is why the collection is applied to the debtor's monthly wages in the percentage established by the norms of Article 99 of the Federal Law No. 229.

Other

Depending on the amount of debt, bailiffs do not always foreclose on existing property and in some cases may instead take other measures to pay off the debt.

So, by virtue of Article 67 of the Federal Law No. 229, a temporary restriction on traveling abroad may be imposed on the debtor, and on the basis of Art. 67.1 of the Federal Law No. 229, a special right has been suspended, that is, a license to perform certain types of work has been canceled or a driver's license has been blocked.

What cannot be taken away?

Within the framework of Article 68 of the Federal Law No. 229, the bailiffs have rather broad powers and can deprive the debtor of almost everything, with the exception of the minimum necessary for living. But, nevertheless, bailiffs are not entitled to seize some types of property.

So, by virtue of Article 446 of the Code of Civil Procedure, it is not subject to withdrawal for any amount of debt:

• an apartment or house, which is the only home of the debtor and his family, especially if there are small children;
• the land plot on which the house is located, which is the only dwelling;
• personal items, namely clothing and footwear;
• home furnishings, but only in the necessary minimum;
• things or items that are necessary for professional activities;
• domestic animals, namely cows, sheep, goats and items necessary for their maintenance;
• Food;
• fuel, that is, coal, which the family needs for heating;
• prizes and medals.

What to do and how to behave?

After the entry into force of the court decision on the repayment of the debt, the issue of the execution of the specified act is entrusted to the bailiffs, which does not at all mean an inventory of all property the next day.

To begin with, the bailiff must take some steps to eliminate the debt by blocking the same bank accounts and cards, and only if there is not enough money, decide on the compulsory confiscation of property.

However, even after that, for a start, a resolution is drawn up to initiate enforcement proceedings and a notification is sent to the debtor about the need to pay off the debt voluntarily.

And at this stage, the visit of the bailiffs home can be avoided if you personally appear at the service and draw up a debt repayment schedule in stages.

If there was no visit, the bailiffs are in any case obliged to notify about their appearance and purpose and only then visit the debtor.

At the same time, even if a bailiff appears on the threshold, you should not go into panic, since only the debtor's personal property has the right to describe.

By the way, it should be remembered that the actions of the bailiffs can be challenged and some things returned if they are jointly acquired property, but only on the basis of an application and supporting data, that is, checks and receipts.

What will happen next?

By virtue of Article 84 of the Federal Law No. 229, for a start, the bailiffs, in the presence of attesting witnesses, draw up an inventory of the property, and then they seize it and place it in storage, or leave it to the debtor, but with the delivery of an order on the seizure of individual items.

At the same time, as a rule, this procedure concerns objects of large dimensions, which are very difficult to transport.

Other things are placed in specially equipped storage facilities, for which authorized persons are responsible on the basis of a resolution.

Who will assess the seized and how?

Naturally, the next step is the appraisal of the property by the bailiff himself, based on the available market prices and the degree of wear and tear.

However, if the seized items are specialized, an appraiser is involved on the basis of a resolution, and a copy of the information on the received value of items is sent to the debtor.

If he does not agree with the amount, he can protest it and involve another appraiser at his own expense.

Realization of property

As a rule, if the total amount of the things described, by virtue of Article 87 of the Federal Law No. 229, does not exceed 30 thousand, the debtor can realize them on his own.

However, if there is property for a larger amount, specialized institutions are involved in the manner specified in Article 87 of the Federal Law No. 229.

Then, within 30 days, things from the inventory are offered for sale.

If no one wants to buy them, the price is reduced by 15% on the basis of the bailiff's order.

However, if the property still has not found its buyers and after the next month, everything is transferred to the claimant at a price 25% lower than the previous value.

At the same time, the recoverer is not obliged to accept the debtor's things in kind, and may refuse to accept them, which is why, in the absence of the opportunity to sell something, transfer it to pay off the debt, everything is returned to the debtor and, accordingly, the issue of repayment of the debt is resolved using other measures.

What documents must the employee present?

The seizure of property to repay the existing debt is made only on the basis of documents, the list of which is approved by Article 80 of the Federal Law No. 229.

During a personal visit, the bailiff is obliged to present:

• FSSP employee certificate;
• decree on the seizure of property.

What if you don't live alone? Can they take away from the wife at the expense of the husband?

The law strictly protects the property rights of every citizen. That is why it is impossible by law to collect a debt from the debtor's wife.

However, if the couple owns real estate acquired in marriage, part of the apartment may be arrested, but only after being allocated in shares in kind.

Is it possible to avoid the arrival of employees?

Forced seizure of property is applied only if the debtor does not independently want to execute the court decision.

However, if, after drawing up the decision on enforcement proceedings and receiving it in hand, he personally appears at the FSSP and draws up a statement with the procedure for repaying the debt, the bailiffs will have no reason to visit the house.

Is it possible to return what was taken?

The law gives at least 30 days for the sale of property, and in fact, in anticipation of this, an appraiser is also involved, who can also make calculations throughout the month. As a result, the debtor has time to pay off the debt and return the seized property or challenge the actions of the bailiffs, for example, if the wife's belongings were seized.

How to protect yourself?

The best option to avoid the visit of the bailiffs is the contractual regime of debt repayment both with the claimant himself at the pre-trial stage of the proceedings, and already with the bailiffs who are not interested in messing with old microwave ovens and sofas.

How to unblock bank cards?

As a rule, the first action of the bailiffs is to block the debtor's bank accounts, which automatically implies the arrest of cards, including salary cards.

And since the bailiff does not have information about which card the debtor has - salary or deposit - they block everything.

Can the bailiffs describe the property of the parents for the debts of the children? or does the law prohibit doing this? Our specialists will answer these questions.

The mechanism of enforcement proceedings in Russia provides for the opening of a court case and ensuring its uninterrupted completion to its logical conclusion. For example, a debtor has taken out a loan, but is not going to repay it. In this case, the court issues an order on the compulsory collection from the borrower by means of an inventory or seizure of his property.

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The execution of the court decision is in charge of the Federal Bailiff Service (FSSP), which is sent to the address of the debtor's place of residence in order to list the property against debts. But at the same time, the law clearly states that only the property owned by the borrower is subject to arrest. In other words, the debtor's relatives are not liable for his debts. But what if the bailiffs came to the parents of the children who owe the bank and demand that they return the debts? Can you describe the property of the parents under the promissory notes of a son or daughter? We will try to understand this difficult issue.

Do bailiffs have the right to seize the property of parents for the debts of their children?

It is quite a life situation: the young man is registered in the apartment of his parents, but, having studied, he went to work in another city and does not live at the place of registration. A couple of months have passed and the resident takes a loan, but due to difficult life circumstances, he is unable to repay it. After a court decision is made, the bailiffs pay a visit to the young man's parents at the apartment and demand that they pay back their debts. How to be?

According to the law, only his spouse is responsible for the debts of a relative, and then only in an officially registered marriage. In all other cases, neither parents, nor nephews, nor brothers are responsible for a citizen's debts. Accordingly, their property cannot be described as repayment of the debts of the borrower. In our case, the bailiffs cannot demand payment of loan debts from the parents of a young man. The reason is that the property does not belong to the immediate debtor.

The following declarative papers can confirm the ownership of the property:

1. purchase agreement or deed of gift;
2. receipts and receipts for the purchase of things;
3. warranty coupons and more.

No matter how huge the debt is and no matter how the bailiffs would like to close the enforcement case as soon as possible, they will not be able to make an inventory of property that does not belong to the debtor by right of ownership. Accordingly, parents will remain their own and are not obliged to answer for the debts of their children.

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What if the children are registered in the parents' apartment?

The situation is more complicated if the debtor is registered in the parents' apartment and lives with them. In this case, the property is likely to fall under the inventory. But here it is important to take into account the list of property excluded for arrest.

The bailiffs are not allowed to take:

1. Dwelling - if it is the only place of residence of the debtor and his parents;
2. Personal belongings, including clothing and shoes;
3. Car - if the debtor has a disability group;
4. Cash in the amount of at least the subsistence level for the borrower and his family members;
5. Electricity and gas supply;
6. Property serving as a means of professional activity of the debtor (lathe, computer, graphic accessories);
7. Household objects and animals (livestock, poultry, buildings);
8. Memorable gifts, awards, incentives and souvenirs.

When analyzing the property in an apartment, bailiffs pay special attention to money, jewelry, expensive equipment. All valuable property is used to pay off the debt. In addition to everything, bailiffs can contact the debtor's employer at his place of work and withhold half of the salary.

The procedure for the inventory of property by bailiffs

Inventory is a procedure for the seizure of the debtor's property, carried out within the framework of enforcement proceedings in accordance with a court order.

In the process of carrying out the inventory, the bailiff in charge draws up an act of acceptance of the property. The document reflects:

1. Full name of the bailiff (claimant), borrower and attesting persons;
2. information on the conduct of an inventory with an indication of the court order of execution;
3. a list of items subject to seizure with their distinctive features;
4. the approximate cost of the property included in the inventory act;
5. an indication of the time frame during which the property will be transferred to another owner.

The act also makes a note explaining to all participants in the procedure for transferring property to a responsible person (for example, a claimant). In case of disagreement with the conduct of the inventory by one or several participants, the bailiff makes an appropriate note.

Claims for rights to the property described are made in the form of an addendum to the act. If it turns out that the debtor does not have ownership of the property, then such property cannot be described against his debt.

The final stage of the inventory is the expression of agreement with the procedure by affixing signatures. They are put by all those present at the seizure of property. Following the results of the procedure, the bailiff prepares two copies of the act, one of which he leaves with the debtor.

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Instructions for communicating with bailiffs

If bailiffs came to the debtor or his parents, then you should remember about the peculiarities of communicating with people in the form:

1. The first thing to ask the bailiffs: to introduce yourself, to show the certificate in the disclosed form and a writ of execution from the judicial authority.
2. When communicating, it is advisable to be as polite as possible, to try to do what the bailiff asks for.

On a note! Failure to comply with the legal requirements of an authorized person entails the imposition of a fine in the amount of 500 to 1000 rubles.

3. When it comes to inventory, parents should collect title deeds for the property. According to the law, if the debtor is registered, but does not live with the parents, the bailiffs cannot describe the property in the apartment.

If you disagree with the actions of the bailiffs, you should defend your rights in court. Do not forget that the law is always on the side of the owner.

What if the parents' property was mistakenly described for the children's debts?

If the parents' property is nevertheless described for the debts of the son, who, although registered, but does not live in the apartment, then the inventory may be invalidated and appealed in court.

When drawing up a complaint, one must rely on Art. 119 of the Federal Law "On Enforcement Proceedings", which states that in case of disagreement with the inventory and seizure of property, an individual has the right to go to court. In this case, the injured party also has the right to compensation for physical or moral damage that was caused by the FSSP employees during the inventory of the property.

After consideration of the complaint, the case will move into the channel of litigation. The debtor's parents will have to prove that the property described by the bailiffs belongs to them by right of ownership, and therefore has nothing to do with the debts of the children. However, children themselves who are interested in preserving the property of their parents can file a claim.

In conclusion, I would like to note that only bailiffs can deal with the inventory of property and only on the basis of a court decision.

You may be interested

• How much can bailiffs withhold from salary

Today, many Russians have debts, which are increasing every year. If we turn to the figures, the overdue debt of individuals to banks on bad loans in 2017 increased to almost 4 trillion rubles (in the first six months of 2017, the FSSP received 4 million enforcement proceedings to collect bank debts worth more than 2 trillion rubles). In addition to bank debts on loans, the population has debts for alimony, utility bills, fines that have not been paid, and the like. This situation indicates that bailiffs will knock on Russians' doors much more often this year.

In this publication, we will help you figure out what bailiffs are entitled to, what they can take, and what types of income, and what property cannot be collected from the debtor in court.

Property not subject to collection for debts

Referring to Article 446 of the Civil Procedure Code, you can find a list of property that, on the basis of executive documents, cannot be recovered from a citizen. If a person lives in an apartment, and this housing is the only premises that are in ownership suitable for these purposes, then the debtor cannot be evicted from it. If the person in debt lives in a private house located on a land plot, and this is his only housing, then it is also impossible to collect it. In the event that the debtor owns several apartments or houses, then, depending on the amount of the debt, according to the law, part of the real estate (apartment or house) will be taken away.

But there is an exception here: housing bought with a mortgage does not fall under the rule of "inviolability of the only home." despite the fact that minor children are registered in the apartment. For bailiffs, this will not be an obstacle.

List of property not subject to collection by bailiffs

Property not subject to collection in court for debts by employees of the Federal Bailiff Service:

1. Bailiffs do not have the right to seize personal items, in particular shoes and clothing, household items and furnishings. The exception is luxury items and jewelry.
2. The property, which is required by the debtor for professional activities, cannot be taken away. The exception is items that exceed the cost of one hundred minimum wages established by federal law. For example, if a debtor citizen makes a living by baking cakes, then they cannot take the oven and baking dishes from him.
3. Also, pets and livestock that are used for personal purposes, seeds used for a new sowing cannot be selected. This rule applies to situations not related to doing business. In other words, if the debtor raises chickens for food, then they will not be taken away, but if the chickens are intended for sale and profit, then they can be withdrawn from the debt.
4. Also, bailiffs do not have the right to withdraw money, the amount of which is not less than the subsistence level for the debtor himself, as well as persons who are dependent on him. They do not have the right to take away food products either.
5. They will not take away the fuel that the family needs for the entire heating season and for cooking every day.
6. In the event that the debtor citizen is disabled, the bailiffs cannot pick up vehicles and things that he needs for health reasons.
7. For debts, state awards, prizes, commemorative and honorary signs issued to the debtor as awards will not be selected.

Income not subject to collection by court for debts

Before going home to the debtor in order to seize his property, bailiffs send requests to the bank to obtain information about where the money of the owed citizen is kept. This is done for the reason that collecting a debt from a bank account is much easier than taking away household appliances at home from disgruntled households for their subsequent sale at an auction.

But not all types of income can be used to pay off debt obligations. Referring to Article 101 of the Federal Law-229 "On Enforcement Proceedings", you can familiarize yourself with the list of incomes on which it is prohibited to foreclose.

The list of incomes on which bailiffs are not entitled to foreclose:

1. Financial means that are paid to a debtor citizen as compensation for harm caused to health.
2. Sums of money that are paid to citizens who have received various injuries in the line of duty - contusions, injuries, trauma. This includes the amounts received by family members in the event of death (death) of the above-mentioned category of persons.
3. Financial assets that are paid in connection with the death of a breadwinner as compensation for harm.
4. Payments of a compensatory nature, which are made at the expense of the constituent entities of the Russian Federation, funds from the federal budget, local budgets to citizens who have suffered as a result of man-made or radiation disasters.
5. Funds paid for the maintenance of children who have not reached the age of majority at the time of the search for their parents.
6. Funds that are paid as alimony.
7. Payments (compensation) made from local budget funds, federal budget funds, budgets of the constituent entities of the Russian Federation to persons caring for disabled people.
8. Monetary funds that are insurance coverage for compulsory social insurance. The exception is old-age pension, temporary disability benefit and disability pension.
9. Cash payments made every month or annually, which are charged to certain categories of citizens on the basis of legislative acts of the Russian Federation. These include compensation for the purchase of drugs, travel compensation and more.
10. Pension payments issued from the federal budget in the event of the loss of a breadwinner.
11. A number of compensation payments determined by the legislative acts of the Russian Federation on labor. In particular, payments in connection with a business trip for business purposes; in connection with the wear and tear of tools that belong to a citizen-worker; in connection with the direction or transfer to work in another region. This includes funds that are paid by the enterprise in connection with the death of relatives, with the registration of marriage, in connection with the birth of a child.
12. Pension payments made at the expense of the constituent entities of the Russian Federation in connection with the loss of the breadwinner.
13. Monetary funds representing maternity (family) capital, stipulated by the Federal Law of December 29, 2006 No. 256-FZ "On additional measures of state support for families with children."
14. Cash payments made from the budgets of the constituent entities of the Russian Federation, from the federal budget, extra-budgetary funds of state structures, local budget funds, to persons who have children.
15. Social cash allowance allocated for the burial of the deceased.
16. Monetary amounts of material assistance issued at a time from the budgets of Russian entities, at the expense of foreign states, federal budget funds, extra-budgetary funds, interstate organizations, foreign and domestic organizations in connection with such cases:
    - terrorist acts;
    - emergencies or natural disasters;
    - death of family members;
    - as humanitarian aid;
    - encouragement of the monetary plan for rendering assistance in the prevention, detection, disclosure, suppression of actions of a criminal nature or terrorist acts.
17. Compensation payments, if they are provided for by the legislation of such a plan: the cost of travel documents to the place of treatment and on the way back. If the travel of the accompanying person is compensated by law, then this amount is also compensated.
18. Compensation payments in full or in part from the employer for the cost of vouchers to health resort institutions located in Russia. These funds are paid to people with disabilities, family members of employees who do not work in this organization, the employees themselves. Tourist packages are not included here. Funds for full or partial reimbursement of costs for the purchase of children's vouchers to health and spa facilities located in Russia. Children are up to 16 years old.

Please note that quite often the FSSP writes off the debt as hopeless, so, for example, in 2017, according to the Federal Bailiff Service in Russia, about 1 trillion rubles of debts of individuals to banks can be written off due to the impossibility of collection.

The powers and rights of bailiffs are strictly limited by law (N 118-FZ On Bailiffs) and I want to tell you what actions on the part of bailiffs can be considered legal. Bailiffs, or more correctly the FSSP (Federal Service of Bailiffs), is a compulsory enforcement body and is also an executive body that carries out the functions of ensuring the established procedure for the activities of courts, as well as the execution of judicial acts and acts of other bodies. In simple words, the FSSP ensures the execution of court decisions, if, for example, by a court decision, the debtor was obliged to pay a certain amount of money, then the bailiffs are also engaged in collecting this amount from the debtor, unless of course he refuses to make payments on a voluntary basis. That is, the bailiffs are forcing the execution of court decisions, forcing individuals and legal entities to comply with the court's decision and taking a set of measures to influence the debtor and force him to fulfill his obligations.

What rights do bailiffs have and what actions are considered legal?

If you refer to Article 12 of the Federal Law On Bailiffs, then you can understand what rights and powers are vested in the employees of the FSSP service.

When carrying out the process of compulsory execution of judicial acts and acts of other bodies, which are provided for by the law on enforcement proceedings, the bailiff has the full right to the following actions:

• Take actions for the timely, correct and full implementation of the requirements of the executive documents;
• Also, bailiffs can provide materials of enforcement proceedings for review, and you can also make extracts from these materials and make copies. These materials are provided only to the parties to the enforcement proceedings;
• Also, bailiffs can consider applications of the parties in enforcement proceedings, consider petitions and make appropriate decisions on this matter, while also explaining the terms and procedures in which you can appeal against the decisions made;
• Also, the bailiff is obliged to recuse himself if, in the course of the enforcement proceedings, circumstances have arisen that may raise doubts about his impartiality. That is, if the bailiff has an interest in the outcome of the case, then he is obliged to recuse himself;
• Has the right to receive and process personal data, but there is a condition that he needs the data for the timely, correct and full implementation of the requirements of the executive documents;
• The bailiff has the right to declare the debtor on the wanted list according to the executive documents, as well as the search for his property or the child, if the executive document contains requirements for the removal of the child and his transfer;
• Also, the bailiff has the right to carry out proceedings in cases of administrative offenses;
• Also, in the course of performing enforcement actions, he has the right to receive the information he needs, as well as personal data, any explanations and information;
• If the bailiff has handed over an executive document to the debtor at the place of work, then he has the right to check the employer for compliance with the requirements of the transferred document and check whether any financial documentation is being kept on this document;
• May give instructions to both individuals and organizations that participate in enforcement proceedings, the necessary instructions on issues related to the performance of specific enforcement actions;
• The bailiff has the right to enter the premises and storehouses that the debtor occupies or the premises belonging to the debtor. Conduct inspections in these premises, has the right to open them, and, according to the decisions of the relevant court, perform actions of the same type in relation to storage facilities and premises occupied by other persons or belonging to these persons;
• Has the right to arrest, seize and transfer for storage, as well as sell any seized property, the exception is property excluded from civil circulation on the basis of the law;
• Also, the bailiff has the right to seize money, as well as any values ​​of the debtor that are in accounts, deposits and storage in banks and any other credit institutions, in the amount specified in the executive document;
• The bailiff has the right to use non-residential premises, but with the consent of the owner as a repository of seized property, the owner of the premises is also responsible for the storage of this property. He can also use the transport of both the claimant and the debtor to move the property, all costs associated with these actions are borne by the debtor;
• If the indicated methods and procedure for its execution are not clear in the executive document, then the bailiff has the right to apply to the court, body or official who issued this document with a corresponding statement explaining the method and procedure in which the requirements of the executive document are fulfilled;
• Has the right to summon citizens and officials involved in the proceedings on executive documents;
• During the execution of enforcement actions, the bailiff has the right to check identity documents from persons who participate in enforcement proceedings;
• In the course of conducting the proceedings on the search for the debtor or his property, also the child, the bailiff has the right to make inquiries to the databanks of operational reference search information, also has the right to process the personal data necessary for the production, as well as any information about persons and their property, and also has the right to check the identity documents of a citizen, if the bailiff has reason to believe that the property or the citizen himself is wanted, the bailiff can also identify the person, conduct interviews with citizens, make inquiries and study documents, conduct property inspections and surveys of premises, buildings and structures, areas of terrain that are occupied by persons who are on the wanted list or if these types of property belong to these persons.
• In the course of carrying out and fulfilling their official duties by the bailiff, they can seek help from employees of the internal affairs bodies, migration registration bodies, federal security service bodies, bodies that have the authority to protect the population and territories from emergencies, as well as other government bodies and bodies of local self-government, as well as servicemen of the internal troops.
• Also, to perform any actions for which he is entitled by the Federal Law on Enforcement Proceedings;

As you can see, the FSSP employees have a fairly wide range of powers and all of the above actions committed by the bailiff will be absolutely legal, but if you understand that the bailiff is not acting on the basis of the law, then be sure to write his actions a complaint to a higher official, you also have the right to complain to the prosecutor's office or file an application for illegal actions of an official in court. Be sure to use the information obtained from the article and know your rights, and I wish you good luck!

In fulfilling the assigned duties, the bailiff must act exclusively within the existing powers and comply (i.e., both the claimant and the debtor of alimony) in order to exclude the possibility of recognizing his actions as illegal and subject to appeal.

The most effective enforcement actions of bailiffs and enforcement measures are provided by law if:

• the debtor's debt on alimony payments is a systematic phenomenon;
• the amount owed is more than 10,000 rubles;
• the debtor does not make contact with the official and / or the claimant of the alimony (ex-wife or mother of the child);
• there is no appeal of the debtor payer to the court in order to reduce the payment, etc.

In addition, due to the various difficulties currently arising in the process, the institution of alimony legal relations has undergone significant changes in recent years. not in favor of the debtor(and taking into account the interests of claimants of funds and officials who are obliged to implement enforcement proceedings). In particular:

• the powers of bailiffs-executors in relation to debtors have expanded;
• determined new measures of influence on debtors in terms of attracting the latter to various kinds (civil, criminal).

If any factors signal the payer's dishonest behavior, an official of the FSSP Department initiates the application of the most effective measures of influence on the debtor in order to implement the executive document.

Types of powers of bailiffs

The legislation of the Russian Federation, faced with ineffective work on the implementation of court decisions and writs of execution on the issue of collecting alimony, has significantly expanded the powers of bailiffs working in this direction. To force the "dodger" to provide alimony payments, it is necessary not only "Induce", but also "Force" him to action.

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Therefore, now the employees of the UFSSP are endowed with powers within the framework provided by the law:

• executive action- actions aimed at creating the necessary conditions for the implementation of the executive document and all the requirements contained therein (Art. 64 of Law No. 229-FZ);
• enforcement measures- compulsory actions aimed at receiving from the debtor monetary funds (or his property) subject to recovery, applied after the expiration of the term for voluntary fulfillment of requirements (Article 68 of Law No. 229-FZ).

Enforcement Actions for Collecting Alimony

In order for an official to be able to ensure the existing court decision () on the recovery of alimony, he is obliged to perform certain enforcement actions aimed at this.

The parties to the enforcement proceedings (payer, recoverer, third parties) should remember that the legal enforcement actions of a bailiff are binding the debtor.

So, it's worth working out what a bailiff is entitled to who initiated the alimony proceedings:

• call to the reception(a summons, a phone call) - moreover, ignoring the call by the payer is considered one of the signs of evading the obligation to pay alimony;
• personal data request parties and other information relevant to the production;
• official request from organizations or parties of certificates, documents, oral or written explanations that are significant within the framework of the existing production;
• entrance to the debtor's residential and non-residential premises without his consent(but with the prior permission of the senior bailiff or the relevant court decision);
• and seizure of property(cash, securities) with the right to evaluate it by expert appraisers and transfer it for storage;
• the debtor's announcement;
• recovery enforcement fee;
• temporary debtor abroad;
• restriction of special right the debtor (for example, to receive certain government services, such as obtaining a passport, obtaining various certificates, etc.).

Enforcement actions related to the ban of the debtor from leaving the Russian Federation, as well as the ban on the use of his special right, should be carried out by the bailiff only if:

• preliminary notification of the debtor (written notice, personal conversation);
• evasion of the payer from voluntary repayment of the alimony debt.

According to the current legislation and the existing powers, organizations (commercial and state), as well as individuals involved in enforcement proceedings, must comply with the requirements and decisions of bailiffs.

Compulsory enforcement measures

In cases where the actions of the bailiff do not affect the payer and the executive document is not implemented, according to Art. 68 of Law 229-FZ, an official applies enforcement measures.

TO alimony enforcement measures relate:

1. Recovery on the debtor's property (including those with cash and securities).
2. Collection for periodic payments that the debtor has as a result of:
   • labor relations ();
   • civil law relations (payment for work, certificate of completion, etc.);
   • social relations (pensions, compensation, subsidies, benefits).
3. Recovery of property rights of the debtor, such as:
   • receiving payment for the rent of the property instead of the debtor;
   • payment for intellectual activities;
   • payment of another writ of execution, where the alimony debtor acts as a claimant, etc.

Compulsory execution is carried out after the initiation of enforcement proceedings, when the term for voluntary payment expires the alimony awarded by the debtor.

Expansion of the powers of bailiffs in 2017

The extreme measures of the debtor's liability for alimony, as you know, are administrative and. That entered into force in 2016, Art. 5.35.1 of the Code of Administrative Offenses of the Russian Federation (providing for the possibility of applying compulsory correctional labor, an administrative fine and arrest to a defaulter) obliged bailiffs to carry out interaction with the Ministry of Internal Affairs... Police officers, as part of bringing debtors to administrative responsibility, carried out delivery and detention procedures malicious "deviators" for drawing up administrative protocols.

However, in 2017, the State Duma amended the Code of Administrative Offenses of the Russian Federation, which allows for the delivery and detention of debtors. directly by bailiffs without the assistance of the police. In accordance with the new law of October 30, 2017 No. 309-FZ "On amendments to articles 27.2 and 27.3 of the Code of Administrative Offenses of the Russian Federation" signed by Vladimir Putin, bailiffs-executors will now be endowed additional powers:

• delivery of a debtor - compulsory transmission of a person for drawing up an administrative protocol;
• administrative detention is a short-term restriction of a person's freedom to perform the necessary procedural actions.

Such an innovation in the legislation, as its initiators believe, will greatly facilitate and speed up the mechanism for bringing alimony debtors to justice and will expand the sphere of influence of officials of the FSSP Departments.

Frequently asked questions on the powers of FSSP employees

Often, persons with alimony arrears and other debts for open enforcement proceedings, faced with the perfectly legitimate actions of the bailiff, begin to look for illegality, excess of authority and other signs of violation of their rights and freedoms in these actions. Below is a list of the main questions frequently asked by payers regarding the rights and obligations of bailiffs.

Do bailiffs have the right to arrest child benefits?

In some cases, the alimony payer may be the recipient of various social benefits at the same time (mother or father of another child or several children caring for them). In accordance with clause 12, part 1 of Art. 101 of Law 229-FZ "On enforcement proceedings", for child benefits accrued from the regional and federal budgets, as well as from extra-budgetary funds, collection according to the executive document cannot be reversed... The same rule applies to:

• maternity capital funds transferred from the Pension Fund, including in the form of lump-sum payments (clause 13, part 1);
• child's pension for the loss of a breadwinner (clause 11, part 1);
• allowances paid for the maintenance of minor children as alimony for the period of the search for their parents (clause 7, part 1).

However, since 2015, due to amendments to the Federal Law that have come into force bailiffs are not required independently find out the target value of the funds received on the debtor's account, and may foreclose to all funds on the account - such an action on their part will not be considered illegal.

What if the bailiffs seized a child benefit account?

• In this case, the debtor is obliged warn the bailiff in advance on the available social payments and provide existing documents (certificates) from the Social Security authorities, state extra-budgetary funds (Pension Fund, FSS, MHIF) in order to avoid applying such a penalty in favor of the recipient of alimony.
• If foreclosure has already occurred, you must apply to the FSSP to remove the seizure from the account, which cannot be foreclosed with supporting documents, and wait for the seizure to be released within 3 working days.

Does a bailiff have the right to arrest a pension?

In the list of types of income that cannot be foreclosed, pension not specified(see Art. 101 of Law No. 229-FZ). Consequently, the bailiff has every right to arrest her.

However, the debtor should be aware that the bailiff can withdraw no more than 50 percent of the pension no more than 50% is written off monthly to pay off the debt. Moreover, if the pension dodger for alimony is below the subsistence level, the bailiffs no longer have the right to arrest its bailiffs (according to Article 446 of the Code of Civil Procedure of the Russian Federation, the collection in favor of the executive document cannot be levied on monetary funds in the total amount exceeding the subsistence level of the debtor citizen himself and persons dependent).

In the event that these requirements were not met by the bailiff, it is possible to the senior bailiff by providing supporting documents on the transfer of funds and wait for the arrest to be lifted.

Can a bailiff seize a credit card or account?

The debt on alimony can "backfire" for the debtor also by the arrest of the credit account, as stated in Art. 70 and Law 229-FZ. However, such a measure is applicable only if the debt accumulates for a sufficient amount of time and there is no other known income for the defaulter.

Does the bailiff have the right to enter the apartment and does it need consent?

If this measure turns out to be necessary in the course of enforcement proceedings, then the answer is given unequivocally - the bailiff can be included in residential and non-residential premises occupied by the debtor. However, in order to enter a dwelling (apartment, house, room), you must have permission senior bailiff.

If we are talking about malicious evasion and seizure of property (or its inspection, assessment), the bailiffs can open the debtor's apartment even without the owner or in the absence of his consent - subject to the availability of the appropriate court permission.

What to do if the bailiffs commit illegal actions or exceed their official powers?

Since each is a purely individual phenomenon, with its own characteristics, it is possible to talk specifically about the legality or illegality of the actions of the bailiff-executor, only knowing all the details of the case, as well as the social status of the payer and recipient of alimony, the reasons for the debt and many other nuances.

If, when performing enforcement actions, one of the parties (in our case, the debtor) is faced with illegal measures by an official or abuse of power (which also falls under illegal actions), this can be countered by the following methods:

1. An appeal to the bailiff himself or his higher management (senior bailiff) with a statement indicating the unlawful action committed.
2. Appealing against the actions of the bailiff-executor:
   • (to higher management);
   • (at the location of the territorial department of the service).

In any case, the result of the appeal should be the elimination by the official of the illegal action (if such has actually taken place), in the form of an act or resolution (for example, to remove the arrest from an account that cannot be foreclosed, etc.) ).

but before reproaching an official in illegal actions or rush to appeal them, the debtor must:

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