Everything or almost everything about recognizing the inaction of a bailiff as illegal (Part 1)

Grounds for filing a complaint against the FSSP

Two key grounds are the action and inaction of the bailiff. An action is understood as the adoption of any unlawful decision, for example, a resolution that infringes on the rights of a creditor or another subject of enforcement proceedings (for example, a loan debtor). Inaction is the actual failure of the SPI to fulfill its main responsibilities.

The concept of “inaction” should also include the failure of the bailiff to perform any action or failure to make a decision within the period allotted by law. It is important to take into account that a complaint against bailiffs, regardless of the grounds, is filed in the order of subordination. This is the most commonly used way to resolve the issue and does not limit the applicant’s right to appeal to the court or supervisory authorities.

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Before filing a claim, you should make sure that the complaint is valid and the applicant has legal grounds. Thus, the following is subject to appeal:

• inaction;
• incorrect resolution;
• violations of actions under the writ of execution;
• collection of enforcement fees;
• illegal activities during the assessment, inventory, seizure, alienation and sale of property;
• demand for a bribe (corruption);
• imposition of penalties and fines for failure to comply with certain requirements;
• other illegal actions.

To understand whether the bailiff acts within the framework of the law and the assigned powers, it is necessary to familiarize yourself with the regulations that are designed to regulate the work of the FSSP. First of all, this is Federal Law No. 229.

The application must contain reliable facts. Paradoxical or not, however, among bailiffs there are representatives who violate the above laws. The consequence of such actions should be a claim. The reader will learn how to write a complaint and where to send it by reading the full information from the article.

Complaint against a bailiff in the order of subordination

The rules for filing a complaint in the order of subordination are specified in Art. 123 Federal Law “On Enforcement Proceedings”. If disagreements arise with the IRS, first of all, it is recommended to try to resolve the issue in the order of subordination. The reason (action or inaction) does not matter. Federal law provides for the following priority:

1. A complaint against a bailiff is submitted to the senior SPI - the official who heads the FSSP unit.
2. A complaint against a senior investigator is submitted to the chief bailiff of a constituent entity of the Russian Federation.
3. A complaint against the chief bailiff of the republic, territory, region is submitted to the chief bailiff of the Russian Federation.

When solving a problem within the framework of the FSSP department, the specified order is observed. The appeal/application is submitted to a superior official personally or through the official whose actions are being appealed. In the second case, the SPI will be obliged to proceed with the received application.

Deadlines for filing a complaint

In the order of subordination, the complaint is filed within 10 days after the FIR commits an action (inaction) or makes a decision. For example, a bailiff does not carry out enforcement actions against a debtor within the established time frame, which is an obvious fact of inaction. No more than 10 days should pass from the moment the claimant (another interested party) learns of the fact of inaction before filing a complaint.

If the interested person was not notified accordingly, then the countdown is taken from the moment when he learned or should have learned about the inaction of the IPI. The person who filed the complaint may withdraw it before a decision is made on it.

Time limits for consideration of a complaint

A complaint accepted by an official must be considered within 10 days (Article 126). During this period, the official is obliged to make a decision: to satisfy the applicant’s demands or to refuse to satisfy them.

How to compose a document

A complaint against an FSSP employee has the following structure:

• name of the prosecutor's office;
• information about the applicant;
• information about the writ of execution, its details;
• information about the bailiff conducting the proceedings;
• a brief description of rights violations, official inaction and other violations;
• applicant's requirements;
• list of attached documents.

A claim for alimony (sample) is drawn up in a similar way. It is recommended that the complaint include references to the legislative acts that were violated by the official. The document is written in official style. Its content should be free of swearing, profanity and emotional overtones. The application must be written in clear and legible handwriting. At the end there is a date and signature.

In the petition, you can ask to establish the illegality of the bailiff’s actions. But to force an official to perform his duties in the department of his head or the court.

Download a sample complaint to the prosecutor's office against a bailiff

Application to the prosecutor's office regarding the bailiff's inaction

Some citizens do not want to solve problems with the FSSP in the order of subordination. In their opinion, if the complaint does not go beyond the department, then no lawful decision will be made on it. Such a judgment is not entirely correct, but citizens and organizations in any case retain the right to appeal to the prosecutor’s office.

In the vast majority of cases, inspections of the activities of the FSSP by prosecutors are carried out at the request of citizens and organizations participating in enforcement proceedings. The procedure for considering complaints, appeals, statements of citizens and organizations is regulated by the federal law “On the Prosecutor’s Office of the Russian Federation” and Order of the Prosecutor General’s Office of Russia dated January 30, 2013 N 45 (Instructions on the consideration of appeals to the prosecutor’s office of the Russian Federation).

Prosecutor's office employees are obliged to respond to citizens' requests. Based on the results of consideration of one complaint, one of the following measures is taken:

• Accepted for resolution.
• Submitted to the lower prosecutor's office for permission.
• Left without permission.
• Sent for permission to other government agencies.
• Attaching to a previously submitted appeal.

In addition, the complaint may be returned to the complainant. This is possible if the text of the appeal, for example, is illegible, or the essence of the complaint is not related to a violation of the legislation of the Russian Federation. Every appeal received by the prosecutor's office is necessarily taken into account and cannot be ignored. The decision made by the prosecutor is not an obstacle to the applicant’s appeal to a higher prosecutor or to the court.

Sample application for inaction of bailiffs

Prosecutor's response measures are taken if a violation of the law is detected. A complaint to the prosecutor's office about the bailiff's inaction must be drawn up in such a way that the essence of the violation committed by the IRS is clear from its text.

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The following information must be included in the complaint:

• Initials, position, class rank of the prosecutor's office employee to whom the appeal is submitted, as well as the name of the prosecutor's office (district, district, city, region, republic).
• Initials, position, class rank of the FSSP employee whose actions/inactions are being appealed.
• Statement of factual circumstances - what exactly the violation is, what measures were taken and not taken by the FSSP employee.
• Links to current legislation.
• Links to additional documents (if available).

The complaint against the bailiff to the prosecutor's office does not have any clear structure. The main thing is that all the main circumstances are presented in an accessible form. Otherwise, the application may be left without permission or returned to the applicant.

The procedure for filing and consideration of a complaint

A complaint to the prosecutor's office is sent in writing, orally, or in the form of an electronic document. Appeals can be individual - submitted by the applicant himself, and collective - by a group of citizens or organizations. The main thing is that there are grounds for such an appeal.

In accordance with paragraph 5.1 of Art. 5 Instructions and requests that do not require additional information and those received from individuals and military personnel are considered within 15 working days. If additional verification is required, the period for consideration and resolution of the complaint increases to 30 working days.

about the author

Irina Rusanova - higher education at the International East European University in the direction of "Banking". Graduated with honors from the Russian Economic Institute named after G.V. Plekhanov with a major in Finance and Credit. Ten years of experience in leading Russian banks: Alfa-Bank, Renaissance Credit, Home Credit Bank, Delta Credit, ATB, Svyaznoy (closed). He is an analyst and expert of the Brobank service on banking and financial stability. [email protected]

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Making a decision

After receiving a complaint, employees of the Prosecutor's Office take the following actions:

• an authorized specialist examines the document and the evidence attached to it;
• after reviewing the papers, the prosecutor makes a decision;
• The agency employee is obliged to notify the applicant of his decision.

This decision depends on the completeness of the evidence base and the correctness of the application:

• to satisfy the applicant’s demands, to understand the violation of the citizen’s right;
• conduct additional investigation, including in the presence of the accused party;
• bring the perpetrators to justice.

Comments: 34

Your comment (question) If you have questions about this article, you can tell us. Our team consists of only experienced experts and specialists with specialized education. We will try to help you in this topic:

Author of the article Irina Rusanova

Consultant, author Popovich Anna

Financial author Olga Pikhotskaya

1. Soloviev Alexander Alekseevich
   10/13/2021 at 11:03 am Yekaterinburg Kunarskaya st * tel 8 * debtor Kim Tatyana Grigorievna has not paid the debt since May 2021, what should we do we can’t get to the bailiff Shein
   Reply ↓
2. Olga
   10/11/2021 at 16:49

   Good afternoon. For a very long time (more than 10 years) the issue of the “honest” work of the bailiffs cannot be resolved...... The brother does not live with the woman, but pays alimony for the child... But she believes that this is not enough and complaints are constantly being written,..... Only the necessary certificates and documents will be collected ... Confirming that this is the case... Surely something is happening, the court is changing. The bailiff (more than one) does not have enough certificates... Etc. As a result, the case is half empty, it’s not realistic to put everything back together again. Nightmare. My brother lives in another city, not where he previously lived, asked for the help of a representative, drew up a power of attorney, sent money to go to court and represent his interests…. Alas, the second representative has already “leaked” to the phone. Did not answer…. As a result, it turns out that for two years she did not go anywhere; all the copies of certificates and originals that she had were also with her, but they were not there... For some reason, for more than two years, the case was not sent to the city where he now lives, they delayed.... The case arrived almost empty... During this time, they put him on the wanted list, he called himself, got in touch, it seems like he was removed from the wanted list, now a driving ban has been imposed (the only way to earn money) The amount of debt is not clear where it comes from…. There is so much more to tell... Tell me who to turn to for help. The guy is 38 years old and he is not hiding. Because of all the endless hassle, problems with his heart began. As a sister, I want to, but I don’t know who to turn to and help.

   Reply ↓

3. Victor Vladimirovich
   09.29.2021 at 12:11

   Dear Irina. I had one enforcement proceeding initiated by a local bailiff in 2015 at my place of registration and permanent residence in the regional center. in favor of SBERBANK. The second enforcement proceeding for another debt was initiated in 2017 by a regional bailiff from the department for special enforcement proceedings in favor of the burst JSCB PROBUSINESSBANK.. I did not live in the regional center, was not registered and did not have any property. Is it possible to return the second enforcement proceedings under the jurisdiction of local bailiffs at my place of permanent residence.

   Reply ↓

4. Gulnaz
   09/07/2021 at 15:39

   Good afternoon...I have paid all my debts and my debt is still not cleared...why is this??I went to the bailiffs and they promised that they would do it soon...time passes and the debt hangs...where can I file a complaint against the bailiffs for inaction?

   Reply ↓
   Anna Popovich
   09/07/2021 at 18:48

   Dear Gulnaz, complaints in the order of subordination are submitted in writing to the official of the Federal Bailiff Service, who is subordinate to the official whose inaction is being complained about. You can contact the FSSP via the online reception using this link and report the lack of progress on your case online.

   Reply ↓

Results and conclusions

Let's summarize. Our legislation has developed a mechanism for restoring violated rights. Even if you doubt the personal and professional qualities of a bailiff, you can involve senior bailiffs in your case

, chief bailiff of the region and the Russian Federation. You can contact the Prosecutor's Office of the Russian Federation to organize additional control. And, of course, a court that will put all the dots in place and, if the bailiff’s negligent attitude towards his professional duties is revealed, you will be able to receive the funds due to you from the treasury of the Russian Federation.

Even if you are denied in court

, you will at least learn about the progress of your case and the bailiffs will certainly not ignore your case in the future. It is possible to ensure that this entire system is not limited to one bailiff. Moreover, this needs to be done. And ideally, this should be done by authorized specialists themselves, without any complaints from citizens whose property and non-property rights have been violated. But for now we have what we have.

Large-scale reform in the bailiff service is planned for 2021

. You can read about it on the vast expanses of the Internet (news sites, official websites of government agencies, in general, search engines can help us), the measures are indeed planned to be very effective, but that will come later. But what about now? What should we do with our writ of execution, which is gathering dust on the bailiff's shelf? Of course, it is possible to remove our bailiff from orbit. And if he negligently performed his duties, he can be punished. The entire system of enforcement of court decisions is by no means limited to one specialist.

When they can refuse

There are several grounds on which a complaint may be refused. All of them are spelled out in Art. 125 Federal Law No. 229 .

In particular, the decision regarding the enforcement fee is not appealed. The results of the property assessment carried out by the expert are not disputed.

If the deadline for submitting a complaint is missed, this may also become a reason for refusing to consider it. A petition to renew deadlines can help, but its satisfaction is the right and not the responsibility of the senior bailiff.

Violation of the procedure for registering and filing a complaint is also among the reasons for refusing to consider it. Therefore, preparing a complaint should be taken seriously. When the court has already made a decision on the essence of the complaint, its consideration will also be refused.

The refusal to consider the complaint is recorded with the help of a resolution, which can be challenged in a higher body of the FSSP.