What bailiffs can do. Bailiffs: rights and obligations. What can be taken away? Does a bailiff have the right to seize a pension

The presence of a citizen's debt entails not only the blocking of bank cards and the seizure of wages, but also certain 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 debt collection measures - from the 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 approximately 40 million people in Russia who, for one reason or another, are in arrears on credit obligations or current payments in the mode utilities. And what is characteristic - the growth of debtors increases by several percent every year 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 repay them within the time period established by the schedule. Otherwise, he is waiting for the forced 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 repay 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 delays, and their debt should 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.

So, to debtors who do not want to execute 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 regulations.

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.

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

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 bailiffs can seize, despite the size, sofas and wardrobes, 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, as well as several beds will not be taken away. By the way, they will not be able to withdraw 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 an existing debt, the first thing that is foreclosed on is money and a vehicle, given that both the first and second are quite easy to withdraw.

However, there are some restrictions regarding the machine.

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

Phones, TV and other equipment

Household appliances can also be subject to seizure on account of existing debt, but only subject to certain rules:

• If there is a warranty card for each mechanism, as well as data on the purchaser, this will make it possible to determine the owner. If the same microwave is issued by a family member, and not by a 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 will not be touched, since the family needs somewhere to store food, 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 microwave ovens will be deprived, because porridge can also be heated on the stove.

Gift property

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

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 the court decision on recovery was made. In this situation, the donation agreement can be challenged, given that evasion of debt repayment is clearly visible.

Money

Money is debited from bank cards and accounts of debtors 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 paid off. This involves time and certain costs.

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

In Article 99 of the Federal Law No. 229, the amount of the penalty is first applied to the existing savings in general, and subsequently only to 50% of the monthly earnings until the full repayment of the debt.

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

pension

Retirement benefits are considered income within the law. Therefore, if there is a debt, funds are also collected from the specified payment within the framework of the norms of Article 98 of the Federal Law No. 229.

So:

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

For debts

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

That is, in fact, during the seizure, everything can be taken away, except for the necessary minimum belonging to the family, but they will sort it out later, 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, not the husband.

Pick up a child

The child, as well as parental rights, is not the subject of property assignment.

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

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

Parents' property

By virtue of Federal Law No. 229, the 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 seized.

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 (incl. single dwelling)

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

Thus, Article 446 of the Code of Civil Procedure of the Russian Federation states that an apartment, which is the only housing for a family, cannot be confiscated to pay off a debt, regardless of its size, as well as the presence of other property.

However, if said accommodation is a security deposit in mortgage loan, the condition established by Article 446 of the Code of Civil Procedure of the Russian Federation does not apply.

Driver 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 Federal Law No. 229 states that the right to drive a vehicle may be temporarily limited, but not if the main type of employment of the debtor is related to the same driving activity.

Maternal capital

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

However, the 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 money can be allocated only on the grounds approved by Article 7 of the Federal Law No. 256, bailiffs cannot withdraw these 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, an 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 of age have the right to independently manage their funds, as well as make small household transactions, which in some cases can lead to the formation of debt.

And, nevertheless, due to minority, bailiffs cannot open enforcement proceedings against children, and therefore they bring parents to justice as legal representatives.

At the guarantor

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

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

In a large family

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

However, given that parents with many children are obliged to take care 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 removal of things and objects that the family can do without.

If there is no property

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

However, debts still need to be paid off, which is why the collection is levied on a monthly basis. wages debtor in the percentage established by the norms of Article.99 FZ №229.

Other

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

Thus, by virtue of Article 67 of Federal Law No. 229, a debtor may be subject to a temporary restriction on travel abroad, and on the basis of Art. 67.1 of 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 are they not allowed to take?

Within the framework of Article 68 of Federal Law No. 229, bailiffs have fairly 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 certain types of property.

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

• an apartment or a house that is the only housing 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 housing;
• items for personal use, namely clothes and shoes;
• household items, but only in the necessary minimum;
• things or objects that are necessary for classes professional activity;
• 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 this 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 the money is not enough, resolve the issue of forcible seizure of property.

However, even after that, to begin with, a decision is drawn up to initiate enforcement proceedings and a notice is sent to the debtor about the need to repay the debt voluntarily.

And at this stage, the visit of bailiffs home can be avoided if you personally come to the service and draw up a schedule for paying off the debt in stages.

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

At the same time, even when a bailiff appears on the threshold, you should not panic, since only the personal property of the debtor has the right to describe.

By the way, it should be remembered that the actions of bailiffs can be challenged and some things can be 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 Federal Law No. 229, to begin with, 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 to arrest individual items.

At the same time, as a rule, this procedure applies to 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 decision.

Who and how will evaluate the seized?

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

However, if the seized items are classified as specialized, an appraiser is involved on the basis of a decision, and a copy of the information on the value of the items received 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.

Sale 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 sell them independently.

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

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

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

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 or transfer it to pay off the debt, everything is returned to the debtor and, accordingly, the issue of repaying the debt is resolved using other measures.

What documents must the employee present?

The seizure of property to pay off the existing debt is carried out 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 required to present:

• certificate of an employee of the FSSP;
• decision to seize property.

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

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

However, if the couple owns property acquired during marriage, part of the apartment may be arrested, but only after it is allocated to shares in kind.

Is it possible to avoid the arrival of employees?

Compulsory seizure of property is applied only if the debtor does not wish to execute the court decision on his own.

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

Is it possible to return what was taken?

The law allocates at least 30 days for the sale of property, and in fact, on the eve 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 to challenge the actions of the bailiffs, for example, if the wife’s things were seized.

How to protect yourself?

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

How to unblock bank cards?

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

And since the bailiff does not have information about which card the debtor has - salary or deposit - everyone blocks.

Can bailiffs describe the property of parents for the debts of children Or is it illegal to do so? Our experts 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, the debtor took out a loan, but is not going to repay it. In this case, the court issues a ruling on the forced recovery from the borrower by 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 inventory the property on account of debts. But at the same time, the law clearly states that only 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 children who owed money to the bank and demanded that they return the debts? Can they describe the property of the parents for the debt obligations 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 children?

Quite life situation: a young man is registered in his parents' apartment, but, having learned, 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 the court decision is made, the bailiffs pay a visit to the apartment of the young man's parents and demand that they repay their debts. How to be?

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

The following declarative papers can confirm the ownership of property:

1. contract of sale or gift;
2. receipts and checks for the purchase of things;
3. warranty cards and more.

No matter how huge the debt is and no matter how the bailiffs want to quickly close the enforcement case, 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 with their own and are not required to be responsible for the debts of their children.

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What to do if the children are registered in the apartment of the parents?

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.

Bailiffs are not allowed to take:

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

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

The procedure for the inventory of property by bailiffs

An inventory is a procedure for seizing the debtor's property, carried out as part of enforcement proceedings in accordance with a court order.

In the process of conducting an inventory, the responsible bailiff draws up an act of receiving property. The document reflects:

1. Full name of the bailiff (collector), borrower and witnesses;
2. information about the inventory with an indication of a court enforcement order;
3. a list of things subject to arrest with their distinctive features;
4. the approximate cost of the property included in the act of inventory;
5. indication of the period during which the property will be transferred to another owner.

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

Claims for the rights to the described property are made in the form of an addendum to the act. If it turns out that the debtor does not have ownership rights to the property, then such property cannot be described on account of 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 arrest of property. As a result of the procedure, the bailiff prepares two copies of the act, one of which leaves the debtor.

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Instructions for communicating with bailiffs

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

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

On a note! Failure to comply with the legal requirements of the 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. By law, if the debtor is registered, but does not live with his parents, bailiffs cannot describe the property located in the apartment.

If you disagree with the actions of 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 property of the parents was mistakenly described for the debts of the children?

If the property of the parents is nevertheless described for the debts of the son, who, although registered, does not live in the apartment, then the inventory may be declared invalid 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. At the same time, the injured party also has the right to compensation for physical or moral harm that was inflicted by the FSSP employees during the inventory of property.

After consideration of the complaint, the case will move into the mainstream of litigation. The parents of the debtor will have to prove that the property described by the bailiffs belongs to them by right of ownership, and therefore is not related to the debts of the children. However, the children themselves, who are interested in preserving the property of their parents, can also file a lawsuit.

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.

Perhaps you will be interested

• How much can bailiffs deduct from their salaries?

Today, many Russians have debts that increase every year. If we turn to the numbers, 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 for the recovery of bank debts in the amount of more than 2 trillion rubles). In addition to bank debts on loans, the population has debts for alimony, for housing and communal services, fines that have not been paid, and the like. This situation indicates that bailiffs will be knocking on the doors of Russians 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 recovered from the debtor in court.

Property not subject to collection for debts

Turning to Article 446 of the Code of Civil Procedure, 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 owned premises suitable for these purposes, then the debtor will not be able to be evicted from it. If the person in debt lives in a private house located on land plot, and this housing is his only one, then it is also impossible to recover it. In the case when the debtor owns several apartments or houses, then, depending on the amount of the debt, according to the law, part of the property (apartment or house) will be taken away.

But there is an exception here: housing bought with a mortgage does not fall under the “inviolability of the only housing” rule. , 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 that is not subject to recovery in court for debts by employees of the Federal Bailiffs Service:

1. Bailiffs do not have the right to seize personal items, in particular shoes and clothes, household items and furnishings. The exception is luxury items and jewelry.
2. The property required by the debtor for professional activities cannot be taken away. The exception is items that exceed the value of one hundred minimum wages established by federal law. For example, if a debtor citizen earns a living by baking cakes, then they have no right to take away the oven and baking dishes from him.
3. Also, domestic animals and livestock that are used for personal purposes, seeds used for new sowing cannot be selected. This rule applies to situations not related to the maintenance entrepreneurial activity. 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 seized on account of the debt.
4. Also bailiffs have no right to take cash, the amount of which is not less than the subsistence minimum for the debtor himself, as well as persons who are dependent on him. They are not allowed to take food.
5. They will not take away the fuel required by the family for the entire heating season and for cooking every day.
6. In the case when the citizen-debtor is disabled, bailiffs cannot take vehicles and things required by him for health reasons.
7. State awards, prizes, commemorative and honorary signs issued to the debtor as awards will not be taken away for debts.

Income not recoverable by court for debts

Before going home to the debtor in order to seize his property, bailiffs send requests to the bank in order to obtain information about where the money of the indebted citizen is stored. This is done for the reason that it is much easier to collect a debt from a bank account than to take home appliances from disgruntled households for subsequent sale at auction.

But not all types of income can be used to pay off debt. Turning to Article 101 of the Federal Law-229 “On Enforcement Proceedings”, you can familiarize yourself with the list of income that is prohibited from foreclosure.

The list of income on which bailiffs do not have the right to foreclose:

1. Financial resources that are paid to a debtor citizen as compensation for harm caused to health.
2. Amounts of money that are paid to citizens who have received various injuries in the line of duty - shell shock, wounds, injuries. This includes amounts received by family members in the event of death (death) of the above-mentioned category of persons.
3. Financial means that are paid in connection with the death of the breadwinner as compensation for harm.
4. Compensatory payments that are made at the expense of the funds of the constituent entities of the Russian Federation, federal budget, local budgets to citizens who have suffered as a result of man-made or radiation disasters.
5. Financial resources 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 the funds of the local budget, the federal budget, the budgets of the constituent entities of the Russian Federation to persons caring for disabled people.
8. Funds that are insurance coverage for compulsory social insurance. The exceptions are old-age pensions, temporary disability benefits and disability pensions.
9. Monthly or annual cash payments that accrue certain categories citizens on the basis of legislative acts of the Russian Federation. These include compensation for the purchase medicines, travel allowances, and more.
10. Pension payments issued at the expense of 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 official 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. Payments to pensions made at the expense of the funds of the constituent entities of the Russian Federation in connection with the loss of a breadwinner.
13. Monetary funds representing maternity (family) capital, stipulated by the Federal Law of December 29, 2006 No. 256-ФЗ “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 budgetary funds, to persons who have children.
15. Social allowance allocated for the burial of the deceased.
16. Cash amounts of material assistance issued at a time from the budgets of Russian subjects, 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;
    — emergency or natural disasters;
    - death of family members;
    - as a humanitarian aid;
    - encouragement of a monetary plan for assisting 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, according to the law, the travel of an accompanying person is compensated, then this amount.
18. Compensation payments in full or in part from the employer for the cost of vouchers to health resorts located in Russia. These funds are paid to disabled people, family members of employees who do not work in this organization, the employees themselves. This does not include travel packages. Funds for full or partial reimbursement of expenses for the purchase of children's vouchers to health and spa facilities located in Russia. Children are under 16 years of age.

Please note that quite often the FSSP writes off the debt as bad, 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 Bailiffs Service) - is a enforcement agency and is also an executive authority that performs 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 ordered to pay a certain amount of money, then the bailiffs just collect this amount from the debtor, unless, of course, he refuses to make payments on a voluntary basis. That is, bailiffs force the execution of court decisions, force individuals and legal entities execute a court decision and carry out 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 we refer to Article 12 of the Federal Law on Bailiffs, then we can understand what rights and powers are vested in the employees of the FSSP service.

When conducting the process of enforcement 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 executive documents;
• Also, bailiffs can provide materials of enforcement proceedings for review, and extracts and copies can also be made from these materials. These materials are provided only to the parties of enforcement proceedings;
• Also, bailiffs can consider applications of the parties in enforcement proceedings, consider petitions and issue relevant decisions on this matter, while also explaining the terms and procedures in which decisions can be appealed;
• 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 the data is necessary for him to timely, correctly and fully fulfill the requirements of executive documents;
• The bailiff has the right to put the debtor on the wanted list under the executive documents, as well as the search for his property or child, if the executive document contains requirements for the selection of the child and his transfer;
• Also, the bailiff has the right to conduct proceedings in cases of administrative offenses;
• Also, in the course of enforcement actions, he has the right to receive the information he needs, as well as personal data, any explanations and references;
• If the bailiff transferred a writ of execution 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 maintained 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 storages occupied by the debtor or premises owned by the debtor. To conduct inspections in these premises, has the right to open them, and, according to the rulings of the relevant court, to 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 seize, seize and transfer for storage, as well as sell any seized property, with the exception of property excluded from civil circulation on the basis of the law;
• Also, the bailiff has the right to seize funds, as well as any valuables of the debtor that are on accounts, deposits and stored in banks and any other credit organizations, 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. It can also use the transport of both the claimant and the debtor to move property, all costs associated with these actions are borne by the debtor;
• If the executive document does not clearly indicate the methods and procedure for its execution, then the bailiff has the right to apply to the court, body or official that issued this document with an appropriate statement to clarify the method and procedure in which the requirements of the executive document are met;
• Has the right to call citizens and officials involved in the proceedings on executive documents;
• During the performance of enforcement actions, the bailiff has the right to check identity documents from persons who participate in enforcement proceedings;
• In the course of conducting proceedings on the search for a debtor or his property, also a child, the bailiff has the right to make requests to data banks of operational and reference search information, also has the right to process personal data necessary for the production, as well as any information about persons and their property, also has the right to check 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 of citizens, make inquiries and study documents, conduct inspections of property and inspection of premises, buildings and structures, plots of terrain occupied by wanted persons or if these types of property belong to the indicated persons.
• In the course of carrying out and performing 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 bodies state power and local self-government bodies, as well as to the military personnel of the internal troops.
• Also perform any actions to 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 performed 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 a complaint to a higher official about his actions, 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 solely within the limits of his authority and comply (i.e., both the claimant and the alimony debtor) 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 for by law if:

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

In addition, due to the various difficulties that currently arise 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 recoverers of funds and officials obliged to implement enforcement proceedings). In particular:

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

If any factors signal dishonest behavior of the payer, the official of the FSSP Office initiates the application of the most effective measures impact on the debtor in order to implement the executive document.

Types of powers of bailiffs

The legislation of the Russian Federation, faced with inefficient work on the implementation of court decisions and writ of execution on the issue of alimony, has significantly expanded the powers of bailiffs working in this direction. To force the "evader" to provide alimony payments, it is necessary not only "encourage", but also "compel" him to action.

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Therefore, now the employees of the UFSSP are empowered within the framework of the law:

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

Executive actions for the recovery of 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 executive actions aimed at this.

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

So, it's worth figuring out What is the right of a bailiff who initiated alimony proceedings:

• call to reception(subpoena, phone call) - moreover, ignoring the call by the payer is considered one of the signs of evading the obligation to pay alimony;
• request for personal data parties and other information relevant to the proceedings;
• official request from organizations or parties of information, documents, oral or written explanations that are significant in the framework of the existing proceedings;
• entrance to residential and non-residential premises of the debtor 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 appraisers and transfer it to storage;
• declaration of the debtor in;
• penalty executive fee;
• temporary debtor abroad;
• special right limitation debtor (for example, to receive certain public services, such as issuing a passport, obtaining various certificates, etc.).

Enforcement actions related to the prohibition of the debtor to leave the Russian Federation, as well as the prohibition to use 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 the voluntary repayment of debts on alimony.

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

Enforcement measures

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

To measures for the enforcement of alimony relate:

1. Recovery on the debtor's property (including on having cash and securities).
2. Recovery on periodic payments that the debtor has as a result of:
   • labor relations ();
   • civil law relations (payment for work, act of work performed, etc.);
   • social relations (pensions, compensations, subsidies, allowances).
3. Collection of property rights of the debtor, such as:
   • receipt instead of the debtor of payment for the lease of property;
   • payment for intellectual activity;
   • payment of another writ of execution, where the alimony debtor acts as a recoverer, etc.

Compulsory execution is carried out after the initiation of enforcement proceedings, when does the due date expire? alimony awarded by the debtor.

Expanding the powers of bailiffs in 2017

The extreme measures of the responsibility of the debtor for alimony, as you know, are administrative and. 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 corrective labor, an administrative fine and arrest to a non-payer) 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 "evaders" to draw up administrative protocols.

However, in 2017, the State Duma made changes to the Code of Administrative Offenses of the Russian Federation, allowing the procedures for the delivery and detention of debtors directly by bailiffs without the assistance of the police. In accordance with the new law dated October 30, 2017 No. 309-FZ “On Amendments to Articles 27.2 and 27.3 of the Code Russian Federation on administrative offenses", signed by Vladimir Putin, bailiffs will now be endowed with additional powers:

• delivery of the debtor - forcible transfer of a person for the preparation of an administrative protocol;
• administrative detention - 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 expand the sphere of influence of officials of the FSSP Departments.

Frequently asked questions about the powers of FSSP employees

Often, persons who have alimony arrears and other debts in open enforcement proceedings, faced with quite legitimate actions of a bailiff, begin to look for illegality, abuse of authority and other signs of a 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 withhold child support?

In a number of cases, the alimony payer may be simultaneously the recipient of various social benefits (the mother or father of another child or several children caring for them). In accordance with paragraph 12 of 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, recovery under an executive document cannot be turned. The same rule applies to:

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

However, since 2015, due to changes in the federal law bailiffs are not required independently determine the target value of the funds received on the debtor's account, and may levy on all funds on the account - such an action on their part will not be considered illegal.

What to do if the bailiffs have arrested the child benefit account?

• In this case, the debtor must notify the bailiff in advance on available social payments and provide existing documents (certificates) from the Social Security authorities, state non-budgetary funds (Pension Fund, FSS, MHIF) in order to avoid such a penalty in favor of the alimony recipient.
• If the charge has already taken place, it is necessary to apply to the FSSP for the removal of the arrest from the account to which collection cannot be made with the attachment of supporting documents, and wait for the removal of the arrest within 3 working days.

Does a bailiff have the right to seize a pension?

In the list of types of income that cannot be levied, pension is not specified(see Article 101 of Law No. 229-FZ). Therefore, 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 debited monthly to pay off the debt. Moreover, if the alimony evader’s pension is below the subsistence minimum, the bailiffs no longer have the right to arrest it (according to Article 446 of the Code of Civil Procedure of the Russian Federation, recovery in favor of the executive document cannot be levied on funds totaling more than the subsistence level of the citizen-debtor and persons dependent on him).

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

Can a bailiff seize a credit card or account?

Alimony arrears can also “come around” for the debtor with the arrest of a 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 are no other known incomes of the alimony defaulter.

Does the bailiff have the right to enter the apartment and is consent required for this?

If this measure turns out to be necessary in the course of enforcement proceedings, then the answer is unambiguous - the bailiff may be included in residential and non-residential premises occupied by the debtor. However, in order to penetrate into a dwelling (apartment, house, room), permission is required senior bailiff.

If a we are talking on malicious evasion and seizure of property (or its inspection, evaluation), 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 bailiffs commit illegal actions or exceed official powers?

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

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

1. Appeal to the bailiff himself or his higher management (senior bailiff) with a statement indicating the committed illegal act.
2. Appeal against the action of the bailiff-executor:
   • (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 actually took place), in the form of an act or resolution (for example, on the removal of an arrest from an account that cannot be recovered, etc. ).

However before blaming the official in illegal actions or rush to appeal them, the debtor must:

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