Bailiff service for special enforcement proceedings. Federal Bailiff Service

Guidelines for the formation and organization of activities of interdistrict structural divisions of territorial bodies of the FSSP of Russia, which are entrusted with the tasks of carrying out the compulsory execution of judicial acts, as well as...

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Director
Federal Judicial Service
bailiffs - chief judicial
bailiff Russian Federation
A.O.Parfenchikov
May 12, 2014

Guidelines for the formation and organization of activities of interdistrict structural divisions of territorial bodies of the FSSP of Russia, which are entrusted with the tasks of carrying out the compulsory execution of judicial acts, as well as acts of other bodies and officials provided for by the Federal Law of 02.10.2007 N 229-FZ "On Enforcement Proceedings" regarding the organization of enforcement proceedings

1. General provisions

1.1. These Guidelines for organizing the activities of inter-district structural divisions of territorial bodies of the FSSP of Russia for the execution of special enforcement proceedings, which are entrusted with the tasks of carrying out the compulsory execution of judicial acts, as well as other acts provided for by the Federal Law of 02.10.2007 N 229-FZ "On Enforcement Proceedings" bodies and officials (hereinafter referred to as the Guidelines) were developed in accordance with federal laws dated July 21, 1997 N 118-FZ “On Bailiffs”, dated October 2, 2007 N 229-FZ “On Enforcement Proceedings”, Decree of the President of the Russian Federation dated October 13 .2004 N 1316 "Issues of the Federal Bailiff Service", by order of the Ministry of Justice of Russia dated 05/21/2013 N 74 "On approval of the Model Regulations on the territorial body of the Federal Bailiff Service".

1.2. Interdistrict departments of bailiffs for the execution of special enforcement proceedings operate in each territorial body of the FSSP of Russia, with the exception of the Department of the FSSP of Russia for the Nenets Autonomous Okrug.

1.3. The following concepts are used in the Guidelines:

interdistrict departments of bailiffs for the execution of special enforcement proceedings - interdistrict structural divisions of the territorial bodies of the FSSP of Russia for the execution of special enforcement proceedings (abbreviated name - MOSP for EIP). Special enforcement proceedings are complex from the point of view of the enforcement procedure or are distinguished by special economic, social or socio-political significance for the Russian Federation or a constituent entity of the Russian Federation, as well as other categories that require a centralized organization of work for high-quality execution.

2. Goals and objectives of creating inter-district departments of bailiffs for the execution of special enforcement proceedings

2.1. The purpose of creating inter-district departments of bailiffs for the execution of special enforcement proceedings is to improve the quality of forced execution of judicial acts of courts of general jurisdiction and arbitration courts(hereinafter referred to as judicial acts), as well as acts of other bodies and officials provided for by the legislation of the Russian Federation on enforcement proceedings (hereinafter referred to as acts of other bodies).

2.2. The creation of inter-district departments of bailiffs for the execution of special enforcement proceedings contributes to the implementation of the following tasks:

execution of special enforcement proceedings by the most qualified employees of the territorial bodies of the FSSP of Russia and strengthening control by the management apparatus of the territorial body of the FSSP of Russia, including in order to reduce corruption risks;

centralization of execution of certain categories of enforcement proceedings.

By decision of the heads of the territorial bodies of the FSSP of Russia - the chief bailiffs of the constituent entities of the Russian Federation, other inter-district structural divisions of the territorial bodies of the FSSP of Russia may be created in subject or territorial principle(for collection of tax payments, administrative fines, administrative expulsion, execution of enforcement proceedings of a non-property nature, etc.).

3. The main functions of the interdistrict department of bailiffs for the execution of special enforcement proceedings

3.1. Carrying out, in accordance with the legislation of the Russian Federation, organizational and administrative documents of the Ministry of Justice of Russia, the FSSP of Russia and the territorial body of the FSSP of Russia, the execution of judicial acts and acts of other bodies, the application of enforcement measures on the basis of the relevant executive document.

3.2. Organization in accordance with the legislation of the Russian Federation, organizational and administrative documents of the Ministry of Justice of Russia, the FSSP of Russia and the territorial body of the FSSP of Russia of proceedings in cases of administrative offenses.

3.3. Organizing, in accordance with the legislation of the Russian Federation, organizational and administrative documents of the Ministry of Justice of Russia, the FSSP of Russia and the territorial body of the FSSP of Russia, the assessment and accounting of seized and seized property, storage and forced sale of seized and seized property.

3.4. Formation and maintenance of data banks containing information necessary to perform the tasks assigned to bailiffs.

3.5. Ensuring, within the limits of competence, the protection of information constituting state and other secrets protected by law.

3.6. Organizing the reception of citizens, ensuring timely and full consideration of their oral and written appeals with notification of citizens about decisions being made within the period established by the legislation of the Russian Federation.

3.7. Carrying out, in accordance with the legislation of the Russian Federation, work on the acquisition, storage, accounting and use of archival documents of MOSP for IPR, organizing office work.

3.8. Representing the interests of the territorial body of the FSSP of Russia in trials, if necessary, ensuring the participation of MOSP employees for IIP in them.

3.9. Generalization and analysis of statistical and other information materials on the activities of MOSP on IPR.

3.10. Compilation statistical reporting, submitting it within the established time frame to the office of the territorial body of the FSSP of Russia.

3.11. Carrying out other functions in accordance with federal constitutional laws, federal laws, acts of the President of the Russian Federation, the Government of the Russian Federation, the Ministry of Justice of the Russian Federation, legal acts FSSP of Russia and the territorial body of the FSSP of Russia.

4. Territory of activities

MOSP for EIP operates throughout the entire territory of the constituent entity of the Russian Federation.

5. Workload of bailiffs

The conditional degree of workload of bailiffs of the MOSP for IIP is calculated in accordance with the order of the FSSP of Russia dated 04.08.2011 N 340 “On the workload passport of the territorial bodies of the FSSP of Russia”.

Small deviations from the optimal value may depend on the predominance of any categories of enforcement proceedings. For example, if the bulk of those pending execution in the MOSP for IIP are enforcement proceedings for the collection of significant amounts, including in consolidated enforcement proceedings, a deviation from the main proceedings for the collection of significant amounts, including in consolidated enforcement proceedings, is possible, a deviation from the optimal value is possible the conditional degree of workload of bailiffs is downward, and if enforcement proceedings predominate, which do not require large amounts of time for their execution and are transferred to MOSP for EIP for the purpose of centralized activation of work, a deviation from the optimal value of the conditional degree of workload of bailiffs is possible - performers to a greater extent.

At the same time, when assessing the workload of bailiffs of the MOSP for IIP, it is recommended to take into account the presence of consolidated enforcement proceedings (as one enforcement proceeding, regardless of the number of enforcement proceedings included in the consolidated one).

6. Determination of categories of enforcement documents subject to execution in interdistrict departments of bailiffs for the execution of special enforcement proceedings

6.1. Currently, by decision of the leadership of the territorial bodies of the FSSP of Russia, the categories of enforcement documents and enforcement proceedings subject to execution in the interdistrict department, including in connection with being under the control of the chief bailiff of the Russian Federation, the chief bailiff of a constituent entity of the Russian Federation in accordance with, are enshrined in regulations on MOSP for IIP and (or) order (instruction) of the head of the territorial body of the FSSP of Russia.

It seems most appropriate to consolidate in the regulations on MOSP for IIP the categories of enforcement documents and enforcement proceedings that are subject to execution in this department constantly, and by order of the head of the territorial body of the FSSP of Russia - additional categories of enforcement documents and enforcement proceedings, the transfer of which is relevant in the current period and a list of which may be revised depending on the developing situation.

6.2. In the regulations on MOSP for IIP, it is proposed to establish a list of executive documents and enforcement proceedings that must be executed by employees of MOSP for IIP without fail according to the following criteria:

6.2.1. Enforcement proceedings subject to control in accordance with the decision (instruction) of the chief bailiff of the Russian Federation in accordance with the order of the FSSP of Russia dated January 23, 2014 N 17 “On approval of the Regulations on the organization of control over the conduct of enforcement proceedings carried out by the chief bailiff of the Russian Federation and chief bailiffs of the constituent entities of the Russian Federation", on recovery from legal entities cash.

6.2.2. Enforcement proceedings in relation to the Russian Federation, a constituent entity of the Russian Federation, federal executive authorities and their territorial bodies, executive authorities of a constituent entity of the Russian Federation represented by their central offices.

6.2.3. Enforcement proceedings in relation to a strategic enterprise or strategic joint-stock company included in the List of strategic enterprises and strategic joint-stock companies, approved by Decree of the President of the Russian Federation dated 08/04/2004 N 1009, and approved by Decree of the Government of the Russian Federation dated 08/20/2009 N 1226-r.

6.2.4. Enforcement proceedings for the collection of customs duties.

6.2.5. Enforcement proceedings for the collection of fines imposed as punishment for crimes that are being executed in the structural divisions of the territorial bodies of the FSSP of Russia located in the republican, regional and regional centers.

6.2.6. Enforcement proceedings for the collection of fines imposed as punishment for crimes and corruption-related offenses.

6.2.7. Enforcement proceedings for compensation for damage caused by a corruption crime.

6.2.8. Enforcement proceedings on the execution of demands of judicial acts issued by courts on claims of prosecutors of constituent entities of the Russian Federation or decisions of prosecutors of constituent entities of the Russian Federation to initiate cases of administrative offenses.

6.2.9. Enforcement proceedings for the collection of administrative fines according to decisions of authorized bodies that do not have territorial bodies in the constituent entities of the Russian Federation, authorized bodies, including regional authorities that do not have structural divisions on the territory of the constituent entities of the Russian Federation.

6.2.10. Enforcement proceedings for the collection in favor of enterprises of the fuel and energy complex of debts for electricity, gas and heat, the parties to which (debtor and claimant) are legal entities.

6.2.11. Enforcement proceedings of a non-property nature in the interests of participants in the Great Patriotic War(persons equated to them).

6.2.12. Enforcement proceedings on the provision of housing to orphans and children without parental care.

6.2.13. Enforcement proceedings on the administrative expulsion of foreign citizens and stateless persons from the Russian Federation (with the exception of territorial bodies of the FSSP of Russia, in which specialized departments for expulsion have been created, as well as territorial bodies of the FSSP of Russia, in which, due to their territorial location, specialized institutions temporary detention of foreign citizens and stateless persons, it is advisable to carry out this category of enforcement proceedings in a nearby structural unit of the territorial body of the FSSP of Russia).

6.2.14. Enforcement proceedings, within the framework of which an executive search for a child is announced.

6.2.15. Enforcement proceedings, in which an order from the chief bailiff of the Russian Federation or his deputy was sent to the head of the territorial body of the FSSP of Russia to transfer it for further execution to the MOSP for IPR.

6.3. The heads of the territorial bodies of the FSSP of Russia - the chief bailiffs of the constituent entities of the Russian Federation also determine additional categories of enforcement proceedings that are subject to mandatory execution in the MOSP for IIP, which have a wide public resonance and social significance, taking into account the characteristics of the territorial body of the FSSP of Russia.

7. The procedure for transferring writs of execution and enforcement proceedings to the interdistrict department of bailiffs for the execution of special enforcement proceedings

7.2. If a writ of execution to be executed by the MOSP for IPR is received by the management staff of the territorial body of the FSSP of Russia, it is transferred to the MOSP for IPR no later than the next working day.

7.3. In the event that a writ of execution subject to execution by the MOSP for IIP is received by another structural unit of the territorial body of the FSSP of Russia, the head of this structural unit ensures the timely initiation of enforcement proceedings within the period established by the legislation on enforcement proceedings and immediately (no later than the next working day) sends the corresponding memo to the department for organizing enforcement proceedings of the territorial body of the FSSP of Russia.

7.4. If it is necessary to transfer the initiated enforcement proceedings to MOSP for IIP, the head of this structural unit immediately (no later than the next working day) sends the corresponding memo to the department for organizing enforcement proceedings of the territorial body of the FSSP of Russia.

The department for organizing enforcement proceedings of the territorial body of the FSSP of Russia is preparing a draft resolution of the chief bailiff of a constituent entity of the Russian Federation on the transfer of a writ of execution or enforcement proceedings to the MOSP for EIP in accordance with Part 9 of Article 33 of the Federal Law of October 2, 2007 N 229-FZ "On the Enforcement production" and no later than the next working day submits it to the head of the territorial body of the FSSP of Russia for a decision.

The resolution of the chief bailiff of a constituent entity of the Russian Federation on the transfer of enforcement proceedings to the MOSP for IIP no later than the day following the day of its issuance is sent to the senior bailiffs of the transferring and receiving divisions.

The senior bailiff of the transferring unit, having received the specified resolution, no later than the day following the day of its receipt, organizes the transfer of enforcement proceedings to the MOSP for IIP in the manner provided for in Parts 7.1, 7.2 and 9 of Article 33 of the Federal Law of October 2, 2007 N 229 -FZ "On Enforcement Proceedings".

7.5. In the manner specified in clauses 7.2 and 7.3 of the Methodological Instructions, enforcement proceedings that are subject to attachment to consolidated (combined into consolidated) enforcement proceedings pending execution in the MOSP for IIP are transferred to the MOSP for IIP.



Electronic document text
prepared by Kodeks JSC and verified against:
Federal Service Bulletin
bailiffs,
N 7, 2014

Guidelines for the formation and organization of activities of interdistrict structural divisions of territorial bodies of the FSSP of Russia, which are entrusted with the tasks of carrying out the compulsory execution of judicial acts, as well as those provided for Federal law dated 02.10.2007 N 229-FZ “On Enforcement Proceedings” of acts of other bodies and officials regarding the organization of enforcement proceedings