It is common knowledge that any court decisionends with its execution (in case the parties have not decided to resort to an amicable agreement). Is it possible for the defendant to indemnify, or will the specially trained and responsible person do it? Time will tell.
In civil proceedings, a month laterafter the announcement of the decision in the courtroom, the court issues the writ of execution signed by the judge to the plaintiff. The plaintiff, at his own discretion, can present this document to one of the bodies indicated in the Federal Law on Enforcement Proceedings: a pension fund, an employer or directly to the federal bailiff service at the defendant's location (city, village, village). Most often the sheet is sent to the bailiff service. There, depending on the territorial affiliation of the defendant (residence permit)? the list is fixed by a bailiff-executor. This is the person who will "beat out" money from the debtor.
FSSP, or the federal bailiff service,Is an executive power body whose duties, in addition to control and supervision in the established field of activity, include ensuring the enforcement of a court decision. In other words, the court bailiffs are the embodiment of the verdict.
They are civil servants. So, to the person who has decided to be engaged in this sphere of activity, special requirements are made:
The first is the same age for everyone (at least 21 years).
Second education.Depending on the position taken, it can be either a general average (for example, for a bailiff performing security functions in meeting rooms) or higher professional - economic or legal.
Third - the state of health.Here, again, the requirements for the bailiff and the court bailiff are different. Although practice shows that sometimes the process comes to a "bun", which is not something that the criminal can not twist - the bulletproof vest does not pull on itself.
The work of the bailiff is a number of duties imputed to him by the Federal Law on bailiffs and other regulatory acts.
As already noted above, bailiffs are divided into two categories:
Next, we will discuss the nuances of such activities.
Unlike civilian guards living inshops or shopping centers, the bailiff has the full right to use physical force. Naturally, you can not just wave your hands like that. So, before hurting a bully or using firearms against him, the bailiff is obliged to make an oral warning about the intention to use protective equipment.
Exceptions are only in cases whereprocrastination is dangerous for life. Also, the bailiff - this is the person who is obliged to provide first aid and call an ambulance. In each case of using physical force, he is obliged to notify the senior bailiff and the chairman of the court, and in case of injury or death - the prosecutor.
At the same time, the bailiff is bannedapply physical force against a person who commits a non-violent offense. That is, if the father does not pay alimony, it is forbidden to escort him to the courtroom in handcuffs. The category of "untouchable" also includes pregnant women, minor children and disabled people. Exceptions, again, were created only for those who committed a non-violent offense. The bailiff must know this well and keep it.
About how much this ungrateful work can be judged by the payments that the state provides in case of disability of the bailiff.
Such an employee receives about 20,000 rubles,plus or minus premiums and premiums. In case of his death, the state pays 180 times the average monthly salary. By simple mathematical calculations we get 3 million 600 thousand rubles. Is it worth the life of someone's son or father?
If everything was not so tragic, but it's impossible to work as a bailiff (read - invalid), the law obliges to pay compensation in 36-fold amount - 720 000 rubles.
Of course, in both cases the state pays a pension, but the result of this will not change. A bailiff is a person who risks his life.
The second list of responsibilities is slightly wider.
So, the bailiff-executor:
takes measures for the timely, correct and complete execution of relevant documents (writ of execution, court order, agreement on the payment of alimony, etc.);
acquaints the parties of the executive proceedings or their representatives with the case materials;
accepts an application for excitement(here it is the decision of the court bailiff of the executor - this is the documented filing of the case, that is, while the ruling has not been passed, the bailiff has no right to take any actions with respect to the debtor, such as: arresting bills, to keep singing, to come to the house);
carries out search of the defendant, property of the defendant, search of the child, etc.
Which of the following is the conclusion?A bailiff-executor is a civil servant whose legal requirements must be observed by all bodies, organizations and citizens in the territory of the Russian Federation.
The bailiff-executor on the basis ofthe received application and the legal document attached to it (the writ of execution, the judicial order, etc.) raises executive production. Its material reflection is the decision of the bailiff. This is a document in which all information related to the debtor is reflected. Namely: personal data, the amount of debt, its rights and responsibilities.
The bailiff service is a bodyexecutive power, performing functions to ensure the established order of the activities of the courts, the execution of judicial acts, acts of other bodies and officials, as well as enforcement functions and functions for monitoring and supervision in the established field of activity. The list of all these tasks, unfortunately, is sometimes difficult to fulfill due to the confrontation of both sides, one of which must be carried out a judicial decision, while the second refuses to cooperate because of their own personal conclusions and financial possibilities.
Another drawback of such activities is thethe fact that employees, most often not interested in their work (due to natural laziness or lack of proper financial incentives), very often lose their business, confuse debtors, transfer money to wrong accounts and not at the requisites. So, if someone happened to encounter this "state machine", then you need to be prepared for the fact that everyone up to a penny will have to be controlled independently. Otherwise, hang it in debtors on the "honor board" and in the federal search forever.
The human factor here, like nowhere else, is veryclearly makes itself felt. In this case, do not expect that you will apologize if you point out the error. Like in any state structure, here they often work according to the "soviet" method. At best, they will rudely inform you that you are not welcome here. But, like any official, you can file a complaint with a bailiff - you look, you will think better of it and start working.
