Inaction of bailiffs: what to do, where to complain? In what cases it is necessary to complain about the unlawful actions of the bailiff and where

19.10.2019

Sending a writ of execution to the bailiff service does not always mean a guarantee of a quick resolution of the issue. Often, employees of this organization neglect their obligations and in such a case, measures are needed to influence them. Today we will talk about the grounds on which you can complain about bailiffs, how to properly file a complaint and where it can be sent.

○ Reasons for complaints about bailiffs, where to complain and how to do it right?

In order to properly file a complaint, it must be properly drafted and sent to the person with authority to deal with it. If your document was not accepted or the appropriate actions were not taken on it, you can file a second complaint with a higher authority.

○ Legislation on the activities of bailiffs.

The activities of bailiffs are fully regulated at the legislative level. The procedure for their work, as well as all the features of enforcement proceedings, are specified in the Federal Law "On bailiffs" dated July 21, 1997 No. 118-FZ.

Bailiffs in their activities are guided by the Constitution Russian Federation, by this federal law, the Federal Law "On Enforcement Proceedings" and other federal laws, as well as other regulatory legal acts adopted in accordance with them.
(Article 2 No. 118-FZ).

In addition to the Constitution and this law, bailiffs in the process of collecting debts are guided by whole line legislative acts:

Civil Code of the Russian Federation.
Code of Civil Procedure of the Russian Federation.
Code of Administrative Offenses of the Russian Federation.
Federal Law No. 229 "On Enforcement Proceedings".
Federal Law No. 135 "On appraisal activities".
Regulations on Federal Service bailiffs.
Regulatory legal acts of the Ministry of Justice of the Russian Federation.

○ What can I complain about?

You can file a complaint against a bailiff on the following grounds:

Inaction.
Issuance of a decision on the commencement of enforcement proceedings against you.
Collection of the enforcement fee in an illegal manner.
Violations of legislative norms during the arrest of property, its evaluation and sale.
Imposition of improper fines.
Other illegal actions that infringe on your rights and interests.

○ Complaint.

Like any document, drafting a complaint and filing it have some nuances.

✔ Features of the preparation of the document.

Despite the fact that the document is in free form, there are certain points that are important to consider when writing it. The complaint must include:

Information about the recipient of the document.
Applicant details.
The essence of the appeal (description of illegal actions or inaction of the bailiff).
A link to legislative norms confirming the illegality of the actions / inactions of the employee.
Request for appropriate action.
Date and signature of the applicant with a transcript.

✔ Complaint template.

The complaint is drawn up in a simple written form and certified by the signature of the applicant. The document can be sent by mail, via the Internet or presented in person.

○ Where to send a complaint?

Complaints can be directed to a higher authority. This means that its recipient may be the head of the territorial bailiff department or a superior person.

✔ Head of bailiffs.

To start proceedings on the illegality of actions / inaction of the bailiff should be in accordance with Art. 123 No. 229-FZ. According to the order of subordination, the first complaint is submitted to the head, in whose direct subordination is the object of the complaint (clause 1 of article 123 No. 229-FZ).

✔ Chief bailiff for the region (region).

In case of disagreement with the decision issued by the bailiff and approved by the senior bailiff, the complaint is sent to a higher official. This is the chief bailiff of the constituent entity of the Russian Federation, which is subordinate to employees whose actions / inaction violate your rights and interests (clause 2 of article 123 No. 229-FZ).

✔ Chief bailiff of the country.

If it is not possible to achieve a solution to your issue, a complaint can be sent to the chief bailiff of the country (clause 3 of article 123 No. 229-FZ). This measure is accepted when the rights and interests of a citizen are violated by the chief bailiff of the subject of the Russian Federation, in which his question was considered.

Currently, the chief bailiff of the Russian Federation is Aristov Dmitry Vasilyevich. A complaint addressed to him can be sent by registered mail or delivered personally to his office. Relatively recently, the option of filing a complaint online, through the website of the State Service, has also become available.

One of the ways to achieve intensification of actions for the execution of a court decision is a complaint to a senior bailiff. Reasons are desirable. For example, the actions of a bailiff are against the law. The bailiff is inactive or otherwise violates the rights of persons involved in. But in general, filing a complaint will force you to pay attention to. Subject to compliance with the requirements for the content of the document.

The procedure for filing a complaint is regulated by Chapter 18 of the Federal Law "On Enforcement Proceedings". The law established requirements for the deadlines for filing, the form and content of the document. In addition to complaints, citizens and legal entities always have the right to sue.

Example of a complaint to a senior bailiff

senior bailiff

OSB of Zarinsky district

Altai Territory

from Viktor Sergeevich Petrenko,

address: 656000, Barnaul, st. Vyazemskaya, 115, apt. 2

tel. 854258156

I, Viktor Sergeevich Petrenko, am a recoverer in the framework of enforcement proceedings dated December 17, 2021 No. 2346/14/24346/2021. I received a writ of execution series FS No. 148/14 on 12/16/2021 in the Zarinsk City Court of the Altai Territory in a case caused by an accident. I personally presented it to the OSP of the Zarinsky district. The debtor in enforcement proceedings is Kor Vasilina Igorevna. Enforcement proceedings are being executed by the bailiff Anton Sergeevich Zaitsev. To date, 5,000 rubles have been collected in my favor. in accordance with the foreclosure on the debtor's funds. In addition, a decision was made on a.

On 10/11/2022, I turned to the bailiff with. I found that enforcement actions in my case have not been carried out since April 2022. In violation of Art. 14 and 64 of the Law on Enforcement Proceedings, the debtor did not provide information about the property belonging to him on the right of ownership and about accounts held in banks or other credit organizations. In violation of Art. 65 of the Law has not announced an executive search for the debtor's property. Measures to foreclose on the debtor's property were also not carried out.

Based on the foregoing, guided with. 14, 50, 64, 65, 123-124 of the Federal Law "On Enforcement Proceedings",

Consider my complaint on the merits.
Verify the information I have provided and oblige the bailiff-executor of the OSB of the Zarinsky district to take and execute all the measures provided for by the Federal Law "On Enforcement Proceedings" to satisfy my requirements in accordance with the writ of execution and within the framework of enforcement proceedings dated 12/17/2021 No. 2346/14/24346/2021.
Notify me of the consideration of the complaint in the manner prescribed by Art. 127 of the Law.

Petrenko V.S. October 20, 2022

Complaint to the senior bailiff: content

Any person who takes part in the process of executing a court decision (other body) has the right to file an application (complaint) addressed to the senior bailiff. These are both, and participants (including within the framework of committing).

The applicant has the right to file a complaint within 10 days from the date of issuance of the contested decision, refusal to satisfy applications (for example, on renewal, etc.), or from the fact of establishing the inaction of the bailiff. In the latter case, the complaint must express what exactly the inaction consisted of. That is, what actions the bailiff had to do (and in what time frame). If the 10 days for filing a complaint are missed, the applicant attaches a request for the restoration of the missed period.

The text of the complaint must include the following information:

Full name, position of the official whose actions, refusal to commit them or whose inaction is being appealed;
FULL NAME. applicant, address, contact phone number.
Grounds for appeal legal basis complaints).
Requirements: consider the complaint, hold accountable, cancel the illegal decision, etc.

Documents that are available in the case file may not be submitted. But if the applicant has them, but they are absent in the case (it is possible to find out by submitting an application for familiarization with the enforcement proceedings), they are attached to the complaint. The document is signed by the applicant himself or his representative (if there is a power of attorney). And a special power of attorney.

It is impossible to appeal the following documents: on the recovery of a; the result of the property appraisal carried out by the appraiser. Or if a similar complaint has already been considered by the court.

Rules for filing and considering a complaint to a senior bailiff

A complaint against the decision of the bailiff is submitted to the senior bailiff, who is his superior. This can be done at a personal appointment, through the UFSSP website.

Article 123 of the Law on Enforcement Proceedings contains a list of persons to whom a complaint is addressed. It depends on who approved the challenged decision. In principle, the applicant can immediately send a complaint to the name of the chief bailiff. This is the head of the UFSSP for the region. It is addressed (redirected) to the address.

The response to the complaint must be received within 10 days from the date of filing the application. And if it is denied consideration - within 3 days. In the latter case, you can file a complaint with the chief bailiff or in court.

A complaint to the senior bailiff may be filed as many times as necessary until the end of the enforcement proceedings.

Unfortunately, in our time, it is increasingly possible to observe and hear about such an offense on the part of the executive service as inaction. As a rule, the inaction of bailiffs entails the so-called harm to third parties. But why executive bodies exhibit such unlawful types of violations and can it be combated?

How to understand the fact of inaction?

The very fact of inaction can be understood as the failure to fulfill their direct duties by the bailiff, as set out in the record keeping, within the time period specified by the court.

Simply put, the employee of the executive service did not show activity, which subsequently harms a third party.

What to do about inactivity?

In the event of any facts of unreasonable inaction, any citizen whose rights have been violated has every right to write a complaint against the bailiff. As a rule, such complaints are initially sent to the immediate superior of the person on whose part the offense is observed.

But there are several criteria that you should pay attention to before filing a complaint, or rather find out the reason why the executive services are inactive. Perhaps the enforcement proceedings were postponed or simply refused. Either the production was transferred to another department or suspended. In any case, if inaction continues, it is necessary to contact the leadership of this department, and in the event that this does not help, you should go further and write a complaint to the prosecutor's office and higher authorities.

How to write a complaint

In order to file a complaint against the bailiff about his inaction, you must familiarize yourself with all the criteria by which the application is accepted. The problem is that there is no specific form to fill out. For the application to reach right place, you need to take it seriously.

Often the reasons for refusal are errors in the text, corrections, non-contentious information, as well as incorrectly filled in details. Therefore, when filling in the details, it is necessary to indicate the following details:

the name of the body to which the application is sent;
contacts and information about the applicant;
personal information about the employee of the executive service;
description of the case;
the grounds on which the complaint is filed;
evidence and confirmation of the fact of inaction;
date and signature of the person making the application.

In most cases, the applicant achieves his goal. Therefore, you should not be afraid to take such actions, but simply know your rights.