Judicial control of bailiffs. Bailiffs and the purpose of law enforcement supervision
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The Judicial Department under the Supreme Court of the Russian Federation raised the question of the legality of prosecutorial checks conducted in the system of the Court Department before the Council of Judges of the Russian Federation. In particular, prosecutors check the employees of the regional departments of the SD for their compliance with anti-corruption laws. According to the SD, supervision over its work is not at all within the competence of the prosecutor's office.
As stated in the reference submitted to the Council of Judges, the heads of the regional departments of the Court Department report to Moscow on the prosecutor's checks being carried out in them. Most often, prosecutors check whether anti-corruption legislation is being implemented, as well as the rules for keeping defendants in temporary detention cells in courts.
As stated in the certificate, "in the course of the above inspections in the courts of general jurisdiction and the system of the Judicial Department, there are cases of additional inspection by the prosecutor's office of the organization of the civil service with access to personal affairs... and other documents containing personal data."
According to the SD, by conducting such inspections, the prosecutor's office exceeds its legal powers. So, in Art. 21 of the Law "On the Prosecutor's Office of the Russian Federation" (see) provides an exhaustive list of objects of prosecutorial supervision, which does not include the Judicial Department. The law states that the prosecutor's office, in particular, oversees compliance with the law in federal bodies executive power. However, in the opinion of the Court Department, this rule does not apply to the SD and its territorial bodies, because they "are not state executive bodies."
In support of its position, the SD refers to clause 1, article 1 of the law "On the Judicial Department under the Armed Forces of the Russian Federation" (see), where the SD is called "federal government agency providing organizational support for the activities of ... courts, bodies of the judiciary, as well as financing justices of the peace. "At the same time, all bodies of the Court Department, according to the certificate, "are designed to help strengthen the independence of courts, the independence of judges."
From the foregoing, the Judicial Department concludes that the Prosecutor's Office is not authorized to supervise compliance with the law in the Court Department, as well as in the courts of general jurisdiction.
It should be reminded that prosecutors not only carry out "anti-corruption" checks in the institutions of the Court Department and courts, but also sometimes report on their results in the press. For example, in August 2010, we reported that such checks were carried out in the SD department and court administrations in Tyumen region. At that time, prosecutors convicted a number of employees of the local court department and court administrators of providing false information about their income and other violations, as a result of which 11 people were punished.
The decision of the Council of Judges on this issue has not yet been reported. However, on Thursday, speaking with the press after the next meeting of the Council, the topic of prosecutorial checks was commented on by the chairman Supreme Court RF Vyacheslav Lebedev and Director of the Judicial Department under the RF Armed Forces Alexander Gusev.
When asked whether the prosecutor's office has the right to check the bodies of the Judicial Department, Vyacheslav Lebedev replied that "an employee of the SD is not a judge, he has no status and special order bringing them to justice, including criminal ones. Well, what will an employee of the Court Department argue if the prosecutor has a reason and grounds to check whether to initiate a criminal case or not?
After that, the head of the Supreme Court called Alexander Gusev and asked him to comment. "It was about," Gusev said, "that the prosecutor's office is checking the condition of the escort premises, rooms for storing material evidence. Actually, it was about the procedure for joint inspections of the Prosecutor General's Office and the Judicial Department. We would like to reinforce the position of the Council of Judges on how to conduct these inspections "No more than that. This is the right of the Prosecutor General's Office, we treat it with great respect and do not argue about anything."
Bailiffs - employees who are in the state structure, responsible for the execution of decisions, court orders. The activities of officials are aimed at optimizing the activities, actions of citizens and legal entities in order to achieve the final result in the form of satisfaction of legal requirements. The work of bailiffs has many nuances, difficulties, and therefore requires control higher authorities. In this regard, it is necessary to find out what powers the supervisory authority has over the bailiffs.
The essence of control and surveillance
The analysis of the legality and legality of the actions of bailiffs (SP) is assigned to the Prosecutor's Office of the Russian Federation Art. 19 of the Federal Law No. 118 of 07/21/1997, Decree No. 155/7 of 05/12/2009, Federal Law No. 119 of 07/21/1997. First of all, you should find out who exactly controls the work bailiffs. The obligation to exercise supervision is assigned to the Prosecutor General and his subordinates.
There is no specific regulation for the implementation of supervisory activities. In fulfilling their obligations, employees of the prosecutor's office must be guided by Law No. 2202-1 of January 17, 1992, Law No. 229-FZ of October 2, 2007, and also use other current regulatory legal acts of the Russian Federation.
The concept of prosecutorial supervision includes verification of compliance with the following principles for the execution of court requirements:
- Legal substantiation of the decisions of the joint venture.
- Timeliness of the adopted coercive measures, performing actions.
- Respect for the rights of citizens, their honor, dignity.
- Preservation of the minimum property of the debtor, necessary to ensure their physiological needs, the maintenance of the family.
- Compliance of the requirements declared by the executor with the amount of obligations to be recovered.
It is important that the fundamental purpose of supervision is to protect the rights and needs individuals whose activities are directly related to the functioning of the joint venture.
The prosecutor's office supervises the performance of the duties of bailiffs
The following actions are subject to verification:
- Compliance with court orders.
- Documentation of collection activities.
- Tracking petitions to citizens for enforcement proceedings.
- Proportionality of the imposed arrest on the debtor's property.
- Assessment of the completeness of measures to search for the defendant, identify his property, etc.
Particular attention of prosecutorial supervision is directed to the control of executive actions:
- Ensuring the safety and security of employees state structures who are participants in the production.
- Process security.
- The order of selection, preparation of territory for production.
- Execution in the provision of material evidence to the court.
- Conditions for the application of additional measures of forceful influence on citizens.
- Coordination of maturities writ of execution and etc.
Purpose and object of supervision
The subject of the prosecutor's check is a set of measures to implement the requirements of the court. The objects of control are the actions of territorial organizations of bailiffs and citizens working in them. Employees of the prosecutor's office must continuously monitor compliance with the SP of the Constitution of the Russian Federation, the norms of the current federal and regional legislation.
The basic tasks of prosecutorial supervision over the execution of laws by the bailiff service are:
- Analysis of the work of bailiffs for compliance with the current court order, powers defined by law.
- Assessment of the legality of decisions of the joint venture.
- Protection of the interests of the subjects of enforcement proceedings.
The prosecutor's office should monitor whether the bailiffs execute court decisions in accordance with the law
Clause 2, Article 1 of the Law on the Prosecutor's Office defines the main objectives of the work of the supervisory service in relation to the joint venture:
- Compliance with the rule of law, ensuring the protection of the state, society, and the rights of citizens.
- The relevance of detecting violations and taking appropriate measures against officials.
- Tracking the legitimacy of the activities of the joint venture, aimed at fulfilling the requirements of the court, in relation to debtors and citizens involved in the process.
Due to the fact that the bailiff service is engaged in operational-search work, the procedure for carrying out investigation measures, assessing the resolution of appeals and reports of possible crimes, as well as the procedure for observing the constitutional rights of citizens becomes the subject of supervision of the prosecutor's office.
Supervision is carried out in two main areas:
- Compliance with state legislation and regulations for the activities of the SSP.
- Compliance with court decisions and other regulatory legal acts.
The prosecutor supervises the enforcement of laws by bailiffs on the basis of applications and appeals of citizens. The tasks of supervision are not only to protect applicants, but also the interests of SSP employees. If a violation is found in the actions of the performer, the inspector issues an order addressed to a higher official within the organization or subject.
Supervision activities
The procedure for organizing prosecutorial control consists in the distribution of powers between the structural divisions of the prosecutor's office, whose job is to supervise the following actions:
- Completeness of execution of the Russian legislation.
- The application of the law on the work of bailiffs is exclusively within the framework of prescribed norms.
- Verification of compliance of documents issued by bailiffs with the regulatory legal acts of the Russian Federation.
- Ensuring the legality of performing actions in civil cases.
- Consideration of appeals of citizens about offenses in the work of the joint venture.
- Participation of the prosecutor in cases concerning legal challenge actions of bailiffs, etc.
The duties of the inspector include the analysis and identification of violations in the work of the bailiff
At the same time, the coordinated work of departments is ensured, the duality of the actions of subordinates is eradicated, and maximum labor efficiency is achieved. Inspections of the actions of the bailiff service may be systematic and unscheduled. The first type involves the implementation of supervision within the timeframe planned by the subdivision, and the second type involves responding to requests from citizens, representatives of authorities, and information from the media.
Depending on the direction of investigations, the federal and territorial prosecution service has a subdivision into the following departments:
- State supervision over the implementation of the code of laws of the state.
- Monitoring the progress of the investigation.
- Verification of operational-search activities and investigations.
- Supervision of particularly important cases of violation of the criminal procedure code of laws by the main department of the joint venture.
The essence of the activities of the prosecutor to supervise the work of the joint venture is determined by three rules:
- A thorough study of the legislation governing the activities of the joint venture.
- Analysis of statistical data.
- Evaluation of the facts of occurrence of violations and measures taken to correct them.
The work of the inspector consists of the following steps:
- Invitation to testify of the official against whose actions the complaint has been received.
- The study of the facts of the activities of the bailiff in disputed proceedings. In this case, the verification of the case materials takes place directly in the bailiff service, or by sending a request for the provision of documents.
- Identification of violations and involvement of senior bailiffs in resolving issues, making proposals for disciplinary punishment of the guilty person. When obstructions are found judgment the prosecutor is obliged to make comprehensive decisions for both parties: not only to the joint venture, but also to citizens who fulfill their legal requirements.
- Preparation of the conclusion and characteristics of punishment measures.
Illegal actions of bailiffs may entail administrative and criminal liability
Prosecutorial response
Based on the results of the verification of citizens' appeals, the supervisory authority has the right to take the following measures:
- Initiate the correction of violations within the BSC by filing a protest with a senior official, and write warnings to the subject of the audit about the inadmissibility of violating the law. Issues within the framework of the FSSP are resolved only if there is no criminal offense in violation, while the prosecutor has the right to combine several statements when issuing an order.
- File a protest with the court to challenge the decisions, acts and actions of the joint venture, guided by order No. 137 of 09/06/2007.
- Initiate a case on administrative offenses (Article 17.7 of the Code of Administrative Offenses of the Russian Federation).
- Make a decision on sending the materials of the check to the investigating authority in order to bring persons to criminal responsibility (clause 2, part 2, article 37 of the Code of Criminal Procedure of the Russian Federation).
- Inform the Prosecutor General's Office of the results of supervision.
Prosecutorial supervision of the legality of the actions of bailiffs allows you to improve the work of the service, to achieve maximum efficiency in the execution of court decisions. The result of the timely response of the prosecutor's office is the establishment of an approved procedure for the activities of the courts, ensuring the guarantor of meeting the legitimate demands of citizens.
You can learn about bailiffs and not only from the video:
Attention! In connection with latest changes in legislation, the legal information in this article could be out of date!
Bills must be paid, but the debtor must also be billed with all courtesy. A few years ago, a law was passed that prescribed the rules for collecting debt. And the bailiffs were empowered to control the work of collectors.
AT last years the word collector began to cause the most unpleasant associations. This is rudeness, threats, even crimes, as if monsters are specially recruited for such work.
After the new rules came into effect, a lot has changed in the market. Official collectors are business people who are obliged to act within strict limits. Communication with the debtor is strictly regulated, importunity is punishable. Even a call at an odd hour already threatens the collector with a fine.
However, according to experts, the “fallen banner” was picked up by some bank employees who considered that the rules did not apply to them.
Signals about tough bankers have already begun to come from many regions. Moreover, bankers-collectors pressed not only on debtors, but also on state organizations. In the suburbs, somehow a certain F., an employee famous bank, for several months one of the district courts pestered me with endless calls. By by and large, it was not judges and court employees who suffered from his importunity, but citizens who could not get through to the court. Since all the phones were literally cut off by the banker.
But in practice, the question arose whether bailiffs have the right to hold accountable bankers from debt collection units. Now the Ministry of Justice proposes to resolve the issue in a radical way: not only collectors and bankers from collection services, but in general everyone who is professionally engaged in debt collection, should fall under the control of bailiffs.
The department has developed a draft law that will generally reform the debt collection system. For example, the initiative provides for a mandatory pre-trial procedure for debt settlement.
According to the Ministry of Justice, today more than 43 thousand organizations are engaged in the return of overdue debts, of which only 300 are collection companies
This means that if someone does not repay the debt, you must first officially contact him with a proposal to pay off. If the debtor refuses or remains silent, then it is already necessary to go to court.
Also, according to the project, both bankers and employees of microfinance organizations, and everyone involved in professional debt collection, will be included in the register of the bailiff service and will be supervised by it. According to the Ministry of Justice, more than 43,000 organizations (43,350, to be exact) are currently involved in the return of overdue debts. And all of them will have to enter the register of bailiffs. So now it will be possible to punish house managers, employees of pawnshops, and representatives of cellular companies, if they are not too delicate with the debtor.
If a person is not included in the register of the bailiff service, he will only have the right to write letters to the debtor. And mail it.
Another interesting innovation: it is proposed to include in the law such a concept as an automated intelligent agent ("collector robot"). Some banks have already begun to use such programs, but even artificial intelligence will not be allowed to disturb the debtor at night, someone will have to answer for the violations committed by the robot.
By the way, the bailiffs refuted the information about allegedly tens of millions of travel restrictions, which appeared in the press.
As told in Federal Service bailiffs, as of November 1 this year, there were 3.4 million orders on a temporary restriction on the debtor's departure from Russia. Of these, 40 percent (1.4 million) were alimony debtors. Moreover, the number of people not allowed to travel abroad even decreased slightly. As of July 1, there were 3.58 million of them.