The Judicial Department under the Supreme Court of the Russian Federation complained to the Council of Judges about the "anti-corruption" prosecutor's checks in the SD and courts "05/26/2011". Who controls the bailiffs Who controls the work of the bailiffs

Often, citizens remain dissatisfied with the judicial measures taken in relation to their personal issues. In this regard, the question arises of where to complain about the judge. We will tell you about where you can apply with such a complaint, as well as about the structure of the judicial system and the High Qualification Commission in this article.

Where should I file a complaint against a judge?

From the point of view of the law, any actions of a judge must be conscientious and comply with accepted standards. Thus, judicial competence, along with good faith, serve necessary conditions fulfillment of the duties of administering justice. So before you try to write a complaint to the President against a judge, you should use other tools.

According to the Code of Ethics, in their activities, judges are required to comply with generally accepted norms of morality and morality, strictly following the oath. The judiciary unites all professional judges. Today, the High Qualification Commission is the main body that has the authority to bring citizens holding judicial office to disciplinary responsibility. It is designed to control the following stages of refereeing:

• Judges Supreme Court Russian Federation(RF Armed Forces).
• Federal arbitration court of a particular district.
• Arbitration Court of Appeal.
• military courts.
• Members of the Council of Judges.

The Qualification Commission considers cases of non-compliance with laws, which are called "On the Status of Judges in Russia" and "Code of Judicial Ethics".

So the question of where to complain about the judge clears up a bit. You can complain about both action and inaction during the performance of official duties. Moreover, not only violation of the presented laws, but also non-compliance with accepted norms and morality in the framework of the administration of justice can be considered a misdemeanor.

Before thinking about where to complain about a judge, it is important to understand the difference between illegal procedural measures and the person's misbehavior. Actions must have some kind of procedural form (for example, an act or an entry in the protocol to provide an opportunity to appeal them to a higher authority).

Incorrect behavior refers primarily to the violation of moral and ethical requirements. An example in this case can be considered a rude and intolerant, as well as tactless or disrespectful attitude towards the current participants in the trial, and then the process participants will involuntarily have a question about where to complain about the judge.

Gender, racial and religious prejudices also act as inappropriate attitudes. The reason for the accusation may also be the disclosure of information that was obtained as part of the performance of duties, and the like.

Types of disciplinary responsibility

So, two options for disciplinary liability can be applied to judges:

• Warning or note.
• Premature termination of powers.

Citizens can directly file a complaint against judicial actions to the Qualification Commission on their own or through the chairman to suspend the powers of a judge. The commission of judges, in turn, considers the complaint independently or sends it for verification to the chairman of the corresponding higher instance. Most often, a complaint is sent to the chairman of the court for verification purposes.

In the event that a citizen has claims to the judge regarding organizational issues of work, it would be best to contact the chairman of this authority, since it is he who organizes all the activities of the instance, establishing internal regulations, and in addition, controlling their implementation. The chairman of the court also deals with the distribution of duties between his deputies and judges.

Any decision of the commission can be challenged in a specialized judicial body. It is important to note that incoming complaints must be considered no later than one month from the date of their receipt.

What information should be included when filing a complaint against a judge?

When submitting this document, the applicant must provide the following information:

• Your personal data, namely full name. and place of residence. It should be emphasized that if this information is missing, the complaint will be considered anonymous and will not be considered.
• It is also required to indicate the full name. judge whose actions are subject to appeal.
• The name of the court in which the accused official operates.
• A detailed and substantiated description of the essence of the claims against this judge.

In what cases can a complaint be rejected?

The complaint may be dismissed if all of the above information is not provided, and in addition, in the following situations:

• Appeal against a judgment.
• The presence in the complaint of obscene or offensive phrases along with threats.
• In the event that a response has already been given to the complaint and the claim does not contain any new facts and arguments.
• In situations where the complaint is related to a federally protected secret.
• Lack of information about the commission of a disciplinary offense by a judge.

A complaint about a judge's decision must be sent through the expedition in which the judge works, or directly to the Qualification Commission by mail. The chairman of the court, as well as the commission, must respond to such appeals and, as a result, raise the issue of bringing one or another official to responsibility in the presence of a disciplinary violation.

It should be noted that the very procedure for bringing judges to justice is fixed in the legislation and does not require any material costs on the part of citizens in the form of payment. state fees, contributions and the like.

Supreme Court of Russia

The Supreme Court of the Russian Federation (SC RF) in our country acts as a body that deals with civil cases, resolves economic, criminal, administrative and other disputes. Thus, this authority exercises, in the forms prescribed by law, judicial supervision over the performance of the activities of lower instances, and in addition, conducts procedures within its competence in the role of an appeal and cassation body.

Supreme Judicial Commission

The High Qualifications Commission of Judges consists of twenty-nine members.
Since 2002, a third of its members are members of the public. This agency is called upon to address the following issues:

• Recruiting retired judges to perform their duties.
• Carrying out attestation of judges along with the assignment of qualification classes to them.
• Giving consent to the appointment of an official to a judicial position.
• Suspension or renewal of powers of judges.
• Selection of candidates for judicial office.
• Imposing disciplinary sanctions on judges.
• Exercise of other powers.
• Termination of judicial powers.
• Stopping the resignation of judges.

Structure of the judiciary

In our country, all judicial bodies form the courts of the federal level and subjects. This separation is explained by the need to provide the subjects with some powers regarding the creation of justice bodies.
Federal courts in Russia are the following instances:

• Constitutional Court.
• Supreme Court.
• Courts of subjects of Russia.
• District courts.
• Military courts, which make up the system of federal courts of general jurisdiction.
• Superior Court of Arbitration.
• Federal Arbitration Courts.
• Cassation authorities.
• Courts of Appeal.

The courts of the constituent entities of the Russian Federation include:

• Constitutional or statutory courts of the subjects of the country.
• Justices of the peace.

The Constitutional Court is considered the highest body in criminal, civil and other cases. He exercises procedural supervision over their activities, giving clarifications on issues judicial practice. The Supreme Arbitration Court resolves economic disputes and other cases, exercising supervision over the course of their activities on issues of judicial practice in the prescribed forms.

It should be noted that the highest judicial bodies do not have power over other courts. Within the framework of proceedings in civil and criminal cases, a specific procedure for interaction between instances of different levels has been established. The Constitutional Court and the statutory bodies of the constituent entities of Russia are also not in a relationship of power and subordination to each other. They carry out their activities within the framework of their powers, while they are not connected with each other in any way.

Courts that are part of single system, differ in the scope of their competencies. The links of the judicial system are distinguished, that is, the totality of bodies that are endowed with powers that distinguish them from others, in which they can coincide in parallel with respect to each other.

Taking into account the fact that the Constitutional Court and the statutory instances of the subjects are not functionally connected with each other, they also do not form different links.

The components of the judicial structure can be identified in the bodies of general jurisdiction, for example, against the background of the consideration of criminal and civil cases, and they can also be traced in arbitration instances.

Judicial system: bodies of general jurisdiction

In the courts of general jurisdiction, all bodies can be divided into the following links:

• District, and in addition, inter-district courts, which form the main link.
• Garrison military courts.
• Justices of the peace.
• The courts of the constituent entities of Russia, which form the middle link.
• military courts.
• The Supreme Court as a representative of the highest echelon.

Arbitration courts

Arbitration courts also have their own divisions:

• The main link is the arbitration court of the subjects.
• The middle link is the appellate and cassation instances.
• The highest level is represented by the Supreme Arbitration Court.

Courts

Courts, among other things, are divided according to the basis of jurisdiction, which depends on what type of activity they carry out. So, within the framework of the consideration of criminal and civil processes, as well as cases of administrative violations, a judicial instance is distinguished. Such a court performs a certain function, which is associated with the consideration and resolution of cases. As part of the work of this body, cases are considered on the merits, as well as a review of the legality, along with the validity of decisions taken by other judicial bodies.
The procedural legislation distinguishes the courts of first and second instance:

• The court of first instance is the authority that decides on the merits of cases that are in its proceedings. Depending on the groups of civil or criminal proceedings, as a rule, district and military ones act as courts of this instance. Cases on administrative offenses in the framework of the first instance are considered by justices of the peace.
• The courts of second instance are engaged in checking the complaints of interested citizens or, relying on the presentation of the prosecutor, establish the validity and legality of decisions that have not yet come into force. In the bodies of general jurisdiction, which act as courts of second instance, appellate proceedings are carried out along with cassation proceedings.

Both civil and criminal cases are considered on appeal in the event that the decisions made on them by the court of first instance have not yet entered into force. The meaning of the appeal proceedings is that the evidence is re-examined and analyzed, and the new decision in a particular case may differ significantly from the original one. Complaints against a magistrate are filed with a higher authority.

Unlike appeal actions, cassation measures imply a review of decisions in cases that have entered into legal force. In the role of the courts of cassation are bodies that are superior to the appeal. For example, in the event that a criminal case was considered in the first instance, then the judicial collegium dealing with criminal cases will act as the appellate body. The presidium of the court of the constituent entity of Russia will act as the cassation instance.

Regarding the arbitration process, the appellate courts act as bodies to verify the legality and validity of judicial acts that are adopted in the first instance. In total, twenty arbitration courts of appeal have been formed in Russia today. Each of them checks the acts that were adopted by the arbitration bodies of several constituent entities of Russia. When asked where to complain about a district judge, the answer is: to a higher authority in the manner prescribed by law.

The supervisory authority is formed by the highest judicial bodies, which are represented by the Supreme and Supreme arbitration courts. The presidiums of both of these instances are engaged in the implementation of verification within the framework of supervision of the acts and decisions of all other bodies that have entered into legal force.

If citizens are interested in who the bailiffs are subordinate to, then they had to meet with employees from this department. It just so happened that for pleasant reasons they do not appear in life. Order at court hearings is ensured by these specialists. Without them, many judgments would not have been enforced. Who are bailiffs subordinate to? Usually the senior employee in the unit. Many provisions for their legal behavior in 1997 were established by Federal Law No. 118-FZ. IN legislative act a hierarchical service ladder is distributed, where subordination is indicated by seniority both within the structure and in relation to higher authorities.

Who is in charge of enforcement?

In Russia, there are employees of which are authorized to carry out the enforcement of acts emanating from the courts and various competent authorities. If the question arises, to whom the bailiffs are subordinate, then the answer to it is simple. The activity of the service is supervised and coordinated by the Ministry of Justice of the Russian Federation. Like any part of the legal system, it consists of various hierarchical branches, the lower of which are subordinate to higher authorities, where territorial bodies connected into a single system by a central office. For example, to whom are the bailiffs of a single unit subordinate? Definitely, a senior in rank, that is, a person appointed by top management to manage a particular unit.

Functions of the central authority

The central apparatus manages all services distributed throughout the territory of the Russian Federation, but the following officials are at the head of the department:

• director of the FSSP, he is also the chief bailiff;
• first Deputy;
• substitutes;
• assistants and advisers.

Within the central office, management departments have been created that are responsible for the work structural divisions in every direction. They consist of departments, which are also divided into departments.

Duties of the Director

On the director of the FSSP is responsible for the management of a complex and multifunctional system. During the period of management, the chief bailiff is obliged:

• allocate responsibilities;
• establish authority;
• organize activities in the central office.

From the director, the Ministry of Justice receives information on the pay and number of employees of the structure, on the state of the territorial bodies with which he closely interacts.

Relevance of the problem

Whatever the level of status of the department, people work there who are prone to mistakes, abuse of their power is possible. That's why it's so acute Lately the question arose as to whom the service is subordinate to bailiffs. Some citizens are looking for an answer to it in order to get help and protect themselves from the arbitrariness of employees in the performance of professional duties. First of all, any activity is subject to the law, and the judicial instances are its implementers.

It is the right of a citizen to file complaints, but it is not worth starting immediately with top management, and it will definitely ask what stages have been passed and whether an attempt has been made to resolve the dispute amicably.

Formation procedure

Each subject has its own territorial division of the FSSP. In the territory or region, it also consists of its own apparatus, which governs the districts. On the ground, departments have a chief, a deputy. There is a unit of eight people and a senior, to whom the bailiffs are subordinate. In one bundle with them work:

• court order officers;
• expertise experts;
• deposit account investigators;
• investigators and clerks.

In the Constitution of the Russian Federation for each state structure, a private organization or a simple layman describes the main principles and procedures.

How are judgments enforced?

To whom are district bailiffs subordinate? To your immediate supervisor. He carries out the orders of the regional or regional leadership of the FSSP. When the service receives documentation from the court for enforcement according to the decision, the bailiffs begin work within their powers:

• employees of the executive structure are obliged on duty to organize the timely, complete and correct implementation of the requirements;
• provide each party in the enforcement proceedings with materials to familiarize themselves with the decision, give them the opportunity to write out important points for them, make a copy of the documents;
• consider the submitted applications with various petitions from the participants, make their decision, explain to whom the bailiffs of the city are subordinate, in what order the appeal of decisions in this area takes place;
• receive and process personal information if it is necessary for production;
• declare a search for the persons indicated in the executive documentation within the framework of their powers and in accordance with the legislative provisions;
• carry out search activities on judicial acts, when required by the federal executive body in the exercise of the functions of legal regulation, in order to ensure the established order in judicial activity to enforce legal decisions.

In this case, the responsibilities general order that are performed by bailiffs.

How does a particular division work?

Who are bailiffs in Russia subordinate to? There is a strict distribution in the system of executive power, where the city is subordinate to the district authorities, which, in turn, the region, and everything ends in the Central Office. Regulations on bailiffs regulate their powers in accordance with the current throughout the territory of the Russian Federation federal law No. 118-FZ. Employees of the units that monitor security in the courts belong to civil servants, their department is hidden under the acronym OUPDS (ensuring the established order of the courts). But the organization of labor in terms of severity is equated to paramilitary structures. All personnel are subordinate to their leader and unquestioningly carry out his orders:

• forcibly brings to court sessions persons who ignore subpoenas and appearances;
• guards court buildings;
• leaves for the seizure of property.

Employees have to do the following while on duty:

• watch scandals;
• repel attempts to attack by debtors;
• experience emotional stress;
• experience nervous shocks.

Before being included in the staff of a specialist, he is sent to undergo special training, after which he works under the supervision of senior mentors so that his leadership is confident in the moral qualities of the bailiff.

Difficulties of the OUPDS

During work, property is seized, which not all citizens part with in a peaceful way. To stop fights, the safety of others and their own lives, bailiffs are allowed to use physical force, and in extreme difficult situations- firearms. Educated people with knowledge of regulations work in this area, since excess of authority or inaction is punishable. It immediately becomes clear to a professional who the bailiff service of the Russian Federation is subordinate to. First of all, the law, according to which they can expect criminal liability.

Bailiff's rights

On the basis of acts, bailiffs are given the right to:

• obtaining explanations, certificates within the framework of the enforcement case;
• free entry to the buildings occupied by the debtor, he can open the premises or storage;
• arrest, seizure, transfer for storage in specially designated places of property;
• blocking money and valuables.

The structure of subordination of bailiffs allows you to independently perform those actions at the facility that are provided for by law for enforcement proceedings. A citizen can appeal their actions by contacting higher authorities.

What knowledge does not interfere with anyone?

When there is a problem with the FSSP, no one has the right to prevent filing a complaint about the inappropriate behavior of officials. You should find out the hierarchy of subordination of bailiffs. Each department has a senior, it is necessary to contact him first. Perhaps a verbal statement will suffice, if in doubt, a written statement can be submitted. They cannot refuse to accept the complaint, further actions are carried out in the prescribed manner:

• the application is registered as an incoming document;
• the senior bailiff initiates an audit of the activities of his subordinates;
• conducts interviews, corrects violations if necessary.

Who can file a complaint?

If the petition is ignored, it is attached to the submitted claim to a higher structure - district or regional. When direct management does not take any steps, which happens in rare cases, it means that appealing to the prosecutor will help. The prosecutor's office, having revealed the reliability of the facts, will become the initiator for further elimination of violations in the judicial instance. Criminal proceedings have information regarding the powers of the FSSP. The provisions are described in detail in article 40 of the Code of Criminal Procedure of the Russian Federation.

Job Responsibilities

Article 151 of the Criminal Procedure Code of the Russian Federation approves the rights of officials from the FSSP to conduct inquiries with a list of criminal acts that are included in the activities of bailiffs. Every citizen approved in a position can start activities if he has reached the age of 20 and has no criminal record. In addition, the specialist must have good health and be educated. Employees may carry out inquiries regarding individuals who:

• evade alimony and loan repayments;
• obstruct justice;
• disrespectful to the court;
• disclose information on trials, judges, participants;
• perform actions with described or arrested property;
• do not carry out judgments.

At the same time, the Arbitration Procedure Code of the Russian Federation in Articles 17.3, 17.8 established responsibility for citizens if they interfere with the work of bailiffs, who themselves are obliged to comply legislative provisions and never deviate from the rules. Punishment will follow for failure to comply with the orders of judges and bailiffs, as well as any offense affecting the activities of the FSSP of the Russian Federation.

Outcome

The work of bailiffs is difficult and responsible. Therefore, there is a strict attitude towards bailiffs from both the authorities and the regulatory and legal authorities. Before starting your official duties, the applicant undergoes a two-month internship. Then he is checked by a special professional commission, by the decision of which he enters the reserve team. When an employee is enrolled in a team, throughout his activities he will have to prove his integrity.

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A civil case won in a trial is only part of the litigation, because The judgment of the court must still be carried out. In Russia, the authorized body for the execution judgments is a bailiff. These officials have the authority to collect cash and take legal action to comply with the requirements issued by the court.

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However, this procedure is not always carried out properly, in connection with which the citizens have a question of what to do if the bailiffs are inactive. This is what will be discussed in the publication, as well as where you can complain and how to punish the bailiff.

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Grounds for filing a complaint against a bailiff

On bailiffs who do not properly fulfill the obligations assigned to them, ignore the laws and regulations or show inaction on enforcement proceedings, a citizen has the right to complain about the bailiffs to the controlling authorities.

1. For inaction in proceedings for the recovery of debt obligations.
2. Failure to provide materials for familiarization to the participant of this process without objective reasons.
3. Ignoring court requirements for a decision on alimony payments.
4. Lack of measures to search for the defendant.
5. The debtor became a victim enforcement debts, ignoring his right to repay debt obligations voluntarily.
6. Expiration or violation of the period for actions of a procedural nature.
7. The execution of the proceedings took place in violation of the norms and provisions of the Legislation of the Russian Federation, incl. use of prohibited activities.
8. Other actions, as well as their absence, that violate legitimate interests person.

Based on the above information, a citizen whose rights have been violated has the right to write a statement to the authorized authorities with a complaint against the bailiff. How this can be done and where to go, you will learn by reading the article.

Who controls the actions of bailiffs

1. Complaining to upper management bailiff.
   You can find out the order of subordination when filing a complaint from October 2, 07 (from latest changes and 2020 revisions). The review period is ten days. However, this period may be suspended if Judicial authority received an identical application ().
2. Contact the judicial authority ().
   In this format, the complaint will be considered within ten working days. For an individual the claim must be filed with a court of general jurisdiction. It is noteworthy that citizens in this case are exempt from paying tax. Organizations should file complaints with an arbitral tribunal.
3. Forward the complaint to the prosecutor's office in the area of ​​residence of the applicant, whose rights and interests have been violated.
   As practice shows, this approach most effective, because increases the likelihood of a claim being satisfied.
4. The legislator allows filing a complaint simultaneously with all the indicated instances.

With the question of where to write a complaint, we figured it out. Now we should mention how this can be done. There are three options: a personal visit to the selected structure, the method of sending an e-mail or Russian post through the ordered form with a notification (keep the receipt).

Time to file a complaint

In the Law "On Executive court proceedings”, in particular in, it is indicated that the filed claim for the inaction of the bailiffs must be sent within ten days.

• from the date of the decision issued by the court;
• from the moment of revealed violation of the rights of a citizen;
• from the time information was received on the absence of bailiffs' actions.

If this period is missed, with due respect, the applicant has the right to renew it. Accordingly, valid circumstances must be supported by evidence. It can be a train / plane / bus ticket, a certificate from medical institution about the passage of inpatient treatment, as well as a sheet on a business trip.

Drafting a complaint to the prosecutor's office

In order for a claim to be accepted for consideration, it must be properly formatted, namely, in a written format, literate text and in an official style of presentation of the essence. When considering where to complain, it should be understood that the oral format will not take any action, because. it has no legal significance.

When drafting a document to authorities that may affect the bailiff, it is necessary to rely on legislative and procedural norms, with the obligatory consideration of the aforementioned Federal Law and the one contained therein.

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If you have certain legal knowledge and literacy, it will not be difficult to do this. By contacting the competent lawyers of this web resource, you can get a competently drawn up claim.

1. The name of the body where to complain about the inaction of the performers. The address and surname, first name, patronymic of the authorized employee are also indicated, incl. his position.
2. Information about the applicant submitting the complaint, indicating the full name and place of residence. If a claim is filed legal entity, then the full details of the company are indicated.
3. Details of the court-appointed executor against whom the complaint is filed.
4. Information about enforcement proceedings: No. and date of opening of the case.
5. Subject of the application.
6. List of grounds that gave rise to the claim. For example, it can be cases of alimony obligations. In this case, it is written that legal proceedings were initiated, but after a long time (indicate the period), the court did not take measures aimed at obtaining a debt. The payer (full name) continues to hide from the payment of alimony.
7. An indication of the rights that have been violated. If we turn to the previous example, then in this case the interests of children are violated, for whom the debt on maintenance obligations is collected.
8. A list of requirements in a clear and concise form to take action against illegal actions or inaction of the bailiff and the renewal of the rights violated by the executor.
9. Date of.
10. Applicant's signature.

When filing a claim on behalf of a representative, a power of attorney is attached to the application.

If there is documentation relevant to the case or evidence base, it is recommended to attach it to the claim. The list of attached documents should be reflected in the text of the complaint. However, the legislator does not require the attachment of such documents when applying.

If necessary, the competent authority will send a request to the appropriate authority and receive evidence of a particular violation. In this case, the review period will be suspended until the request is answered.

Consideration of a claim

If the bailiffs were inactive in relation to your case, then, as a rule, they should be influenced through the senior bailiff. It is he who is the first instance that will consider the appeal, and monitors whether it is executed or not.

Sanctions will be applied to an authorized person who performed duties in bad faith.

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1. Issuance of a decision to seize the property and property of the defendant in the case.
2. Sending a request to search for a payer, incl. his property.
3. Visiting the debtor at the address of his location and conducting an inventory of material goods acquired by him. The purpose of this action is to put up for auction property to pay off debt obligations to the plaintiff.
4. Direction of refusal to satisfy the claim, if there are reasonable arguments for that, incl. lack of grounds.

1. The prosecutor will receive the materials on the case and conduct a thorough analysis.
2. After analyzing and verifying the grounds given, an appropriate order is issued, and the bailiff's illegal actions will be canceled.
3. Issuing a warning to the bailiff.
4. Entering relevant requirements.

The decision of the prosecutor's office is mandatory in this case, because. it is he who instructs the contractor to take measures, and the latter undertakes to carry them out in the exact amount. The results of the work carried out are reported to the prosecutor. In addition, the powers of the prosecutor's office to call the bailiff to disciplinary responsibility.

According to the current Russian laws bailiffs are obliged after receiving writ of execution open production and within 2 months. start doing it. However, practice shows that given period is rarely observed and the reason is banal - a high "turnover" of personnel in these bodies. In this regard, the terms may increase, because. the case is transferred from one executor to another.

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.

IN 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.

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The Judicial Department under the Supreme Court of the Russian Federation raised before the Council of Judges of the Russian Federation the question of the legality of prosecutorial checks conducted in the system of the Court Department. 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 executive bodies. However, according to the Court Department, this rule does not apply to the SD and its territorial bodies, since 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 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, talking to the press after a regular meeting of the Council, Vyacheslav Lebedev, Chairman of the Supreme Court of the Russian Federation, and Alexander Gusev, Director of the Judicial Department under the Supreme Court of the Russian Federation, commented on the topic of prosecutorial checks.

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."