What to do if the executive service is inactive

If the bailiffs are inactive, a complaint against the bailiffs

A complaint about the inaction of the bailiff must be justified and sent to the competent authorities. Bailiffs are empowered to monitor the execution of court decisions on debt collection, seizure of property, alimony arrears, and search for payers.

They are the kind of intermediaries between the judicial authorities and the participants in the process, since the effective completion of the proceedings is in their hands. If a citizen believes that his rights were violated by an FSPP employee, he can file a complaint against the inaction of the bailiff on the basis of Article 50, guided by Chapter 18 of the Federal Law No. 229 of October 2, 2007. Such methods help create discipline and restore order in enforcement proceedings.

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Grounds for appeal

If the bailiff improperly performs his duties, ignores the provisions of the law, or does not take any action in open proceedings, the person has the right to complain about him to the competent authorities.

The main arguments, if identified, you can write a complaint:

1. the bailiff does not carry out enforcement actions in debt collection proceedings;
2. executors refuse to allow a participant in the process to familiarize themselves with the case materials without explaining the reasons;
3. the requirements of a court decision in alimony cases are not met;
4. failure to carry out activities related to the search for the payer;
5. forced debt collection measures were taken against the debtor, without the right to voluntary repayment;
6. the deadlines for procedural actions have expired or been violated;
7. Conducting enforcement proceedings in violation of the law, using prohibited methods;
8. other actions/inactions of bailiffs that violate the interests of citizens.

Which authorities to contact?

Citizens challenging the improper performance of the duties of bailiffs can complain to the following structures:

1. complaint addressed to a superior bailiff. The order of subordination is enshrined in Article 123 of Federal Law No. 229 dated October 2, 2007 (as amended on July 3, 2016). A period of 10 days has been established for consideration, but it will be suspended if the court accepts a similar application for proceedings (Article 126);
2. appeal in court (Article 128). In this case, the claim must be considered within 10 days. Individuals should apply to the authorities of general jurisdiction, and they do not need to pay tax assessments. Legal entities and entrepreneurs file complaints with arbitration courts.
3. address the claim to the prosecutor's office at the place of residence of the citizen whose rights have been violated. Practice shows that this is an effective method that gives almost every chance of meeting the requirements;
4. Simultaneous submission to all listed bodies is allowed.

Attention! Need protection from bailiffs? Ask a question in the form, go to the online lawyer consultation , go, today for free !

Options for filing a complaint:

1. personally, through the office of the structure;
2. electronic message to the authority's mailbox;
3. send by registered mail with return receipt requested.

When to file a complaint for inaction

Article 122 of the Law “On Enforcement Proceedings” stipulates that a citizen must file a complaint with the competent authorities within 10 days.

The period begins to count:

1. from the moment the decision is made by the executor;
2. identifying the bailiff's inaction;
3. when a party to enforcement proceedings learned or could find out about the violated right.

If the applicant missed the specified deadline for valid reasons, he has the right to restore it. In such cases, supporting written evidence must be provided. For example, medical certificates confirming treatment, travel documents, tickets.

How to file a complaint to the prosecutor's office against bailiffs

In order for a complaint to be accepted and considered, it must be prepared correctly, in writing, in compliance with an official business style. Nobody attaches importance to oral claims, and they have no legal force. When drawing up, you should rely on the norms of procedural legislation and be sure to take into account the provisions of Article 127 of Federal Law No. 229. If a person does not have sufficient legal literacy, he has the right to resort to the services of a representative.

The application must include the following information:

1. name of the authority to which the complaint is sent, address. FULL NAME. and the position of authorized person/chairman of the court;
2. personal information about the claimant/debtor filing the claim (full name, residential address). If the complaint is filed by an organization, you must also indicate the full name and legal address;
3. full information (full name, position) of the bailiff whose actions are being appealed;
4. number of enforcement proceedings, date of the decision on opening;
5. Title of the document;
6. a description of the specific grounds that prompted the citizen to file a complaint. For example, in alimony cases, it can be indicated that enforcement proceedings have been opened, but for a long time, the bailiff did not take actions aimed at collecting the accumulated alimony debt from the payer and he continues to evade;
7. listing of violated rights. Returning to the previous example, the rights and interests of the child in whose favor alimony payments were collected are violated;
8. clearly formulated demands of the claimant or debtor for the cessation of illegal actions/inactions of the bailiff and restoration of violated rights;
9. date, signature;
10. If the document is submitted by a representative, then his power of attorney must be attached.

If the applicant has documents that are relevant to the case and are evidence, they should be supported by the complaint by displaying a list of attachments in the text. But the law does not oblige the submission of documentation that would confirm the events described in the claim. The authorized body, if it deems it necessary, will make all inquiries and require evidence. Then the period allotted for consideration will be suspended (no more than 10 days) until responses to the requests are received.

Attention! Need protection from bailiffs? Ask a question in the form, go to the legal advice page of a lawyer online , go, today for free !

Consideration of the complaint

If the complaint was addressed to the senior bailiff, then within the prescribed period he examines the materials of the enforcement proceedings and conducts an inspection against the unscrupulous bailiff and clarifies the circumstances of the case.

1. a decision is made to seize the payer’s property;
2. search for the debtor and his property;
3. a visit to the debtor at his place of residence to take an inventory of material goods with the aim of selling them at auction in order to pay off the debt to the debtor;
4. refusal to satisfy the requirements if the stated grounds are not confirmed.

Based on the results of the activities carried out, a written response is sent to the applicant.

1. the prosecutor's request for materials from enforcement proceedings for the purpose of studying them;
2. based on the results of the inspection, a report may be issued and the illegal actions of the bailiff may be cancelled;
3. warning issued;
4. requirement has been made.

In any case, the decision of the prosecutor is binding, and if he instructs the bailiff to take action on the proceedings, he is obliged to carry it out and report the results of the work done to the prosecutor. In addition, the prosecutor's office, with its demand, can bring the performer to disciplinary liability.

The court, when accepting it into its proceedings, also requests materials for study. The meeting is held with the participation of the parties and the prosecutor (mandatory). Based on the results of the review, the actions or inactions of the bailiff may be declared illegal, which indicates that the complaint has been satisfied, or, conversely, the demands may be refused. In case of a positive decision, the court obliges the executor to eliminate the violations.

The inaction of bailiffs is a reason to write a complaint to the competent authorities. Bailiffs are required to promptly carry out court orders.

After the end of the court hearing and the decision on the case, a writ of execution is drawn up. This document is necessary to initiate enforcement proceedings. The court or the plaintiff gives the sheet to the bailiffs, then their task is to collect debts or alimony.

According to the current law, bailiffs must immediately open proceedings after receiving the letter and begin executing it within two months. In practice, such a deadline is rarely observed, so the plaintiff or defendant may have a logical question - what to do if the bailiffs do not act. Usually the reason for inaction is a high turnover of personnel in the authorities; due to the change of the writ of execution, the period for considering the case and opening proceedings increases several times.

Author of the article: Petr Romanovsky, lawyer In 2000, he graduated from the Faculty of Law of the National Research University Higher School of Economics. She has been working in the legal field for 16 years, specializing in resolving housing disputes, property transactions, family matters, inheritance, land disputes, and criminal cases.

Inaction of the state executive service, or how to make the state executive work effectively?

The law firm "Optimum", in connection with frequent requests from our clients to provide legal advice on the issue of interaction between citizens and enforcement services, considers it necessary to tell how you can influence the state executor to obtain results in your enforcement proceedings. This article will reveal the specifics of the relationship between the state executor and the parties to enforcement proceedings, and will also suggest possible levers of influence on intensifying the progress of enforcement proceedings.

Enforcement proceedings are the last stage before obtaining a result, for which a battle was fought in court for many months, or even years. Many people come to the government executor's office and stand in line for an hour or two for a five-minute conversation with him. Most often, this communication does not bring results, because... the claimant does not hear or see the specifics - what exactly was done in his enforcement proceedings.

How to get a state executor to work effectively on your production

1. How does a state executor work? What happens after production starts?

In order to understand how to correctly apply legal pressure to obtain results from a state executor, you need to understand exactly how it works from the moment enforcement proceedings are opened until the moment of collection or closure on the basis of impossibility of execution - this option is also possible. If you take any district executive service in Kiev and compare the number of its employees with the queues and volume of cases, it will become clear why the state executive works so slowly. One state executor constantly has from two to five thousand enforcement proceedings in progress. At the same time, new executive documents are received every day. Working with each enforcement proceeding, be it alimony, debt collection, the obligation to demolish a building, etc., takes considerable time. First, the executor needs to find a way to enforce the court decision: determine the debtor’s accounts and the availability of funds on them, find property through which the debt can be repaid, or take measures to implement another essentially court decision. So, let's move on to the procedure for carrying out enforcement actions.

Opening of enforcement proceedings. Based on the application with the original writ of execution attached to it, the state executor opens enforcement proceedings within three days from the date of receipt of the application (and the writ of execution). You can find a sample application for opening enforcement proceedings in the enforcement service at the stand (on the Internet) or write it yourself, which will not be difficult. The opening of enforcement proceedings occurs through the issuance of a corresponding resolution by the executor. In this resolution, the state executive gives a period of 7 days for the voluntary execution of the court decision by the debtor. When the period for voluntary execution of a court decision ends, the state executor begins to search for options for enforcing the court decision. When collecting funds, the first step is to identify bank accounts and property through which the claims of the recoverer can be satisfied.

Actions of the executor to identify funds in bank accounts and property of the debtor. The state executive carries out activities to search for funds in accounts and the availability of movable and immovable property. He sends requests requesting information about the availability of open accounts of the debtor and the availability of movable and immovable property to the tax office and the authorities that register ownership of real estate. At the same time, he issues an order to seize the debtor’s accounts and property in order to exclude the possibility of withdrawal of funds and alienation of property. If accounts are seized, funds can be entered into the accounts, but it is no longer possible to transfer them to another account or withdraw such funds.

If there is enough money in the accounts to repay the debt, the state executor transfers these funds to the account of the state treasury, and the state treasury, on the basis of an order, writes off these funds to the account of the creditor. At the same time, the state executor withholds from the debtor an enforcement fee in the amount of 10% of the amount transferred to the state budget of Ukraine for the forced collection of funds. I note that 10% of the enforcement fee is paid at the expense of the debtor on top of the amount specified in the enforcement document, if the period for voluntary execution has expired.

If there are not enough funds in the current accounts, or they are completely absent, the state executor makes an assessment of the debtor’s property and transfers this property to a trading organization for its further sale at public auction. In the future, the proceeds from the sale will be credited to the account of the claimant. Enforcement proceedings will be carried out in full.

A situation where there is no money, and there is also no property with which to enforce a court decision. In this case, the state executive carries out all of the above actions, i.e. sends requests and receives responses stating that there are no funds in the accounts (if any), and there is no movable or immovable property. In this case, such requests are sent again after 2-3 months, and if the answers have not changed, that is, there is still no money or property, the state executive closes the enforcement proceedings due to the impossibility of its execution and returns the writ of execution to the claimant. The claimant has the right to re-send the writ of execution to reopen the enforcement proceedings.

2. Possible actions of the claimant to speed up the work of the state executor and the expected result from their implementation.

Considering the workload of state enforcement agents, we must understand that without active actions on the part of the claimant, results may not be obtained for a very long time.

Let me divert your attention a little to a real situation, which I unwittingly witnessed while in the executive service. While waiting to receive the state executor, I observed the following situation. An office worker comes to the executive and hands over correspondence addressed to him by the head of the executive service. The contractor, having looked at the letters, found approximately 5 complaints about his inaction in enforcement proceedings. With great surprise, having discovered these complaints, he said out loud to those present (hereinafter direct speech) - “they are strange people, only 3 months have passed since the opening of production, and they are already complaining that I have not had time to do anything. Shouldn’t I spend the night at work?”

Let's think about how we can influence the state executor to speed up the process of production. In a situation where, after you submit a writ of execution for execution, nothing happens for a long time, the first thing that can be recommended is a complaint about the action or inaction of the state executor. In this case, it is necessary to indicate the violation that was committed by the state executor in your enforcement proceedings.

You must understand that complaints must be substantiated, the facts in them must be presented concisely and to the essence of the situation. If the complaint is based solely on your emotions, and is not supported by real facts of violation of the procedure for compulsory execution of a court decision, such a complaint will not yield any results. An important aspect is that complaints should be submitted to the necessary authorities that control the executive service. If the performer did not do anything truly illegal (I mean, did not violate the law), I do not advise you to waste your time on this kind of event.

Let's decide to which authorities you can file complaints against the performer. To begin with, you need to write a complaint addressed to the head of the executive service and submit it through the office by hand or send it by mail. Considering that the head of the executive service, in most cases, is not aggressively disposed to this type of conflict with his subordinates, he will conduct a conversation and review your enforcement proceedings in order to determine whether the circumstances to which you indicate occur. And, if such circumstances occur, he will align the work on your production through suggestion to his subordinate.

Why is it worth writing a complaint first of all to the head of the executive service?

Considering that in order to further fight with the contractor you will need his response to your complaint in order to attach this response to the next complaint, which will go directly to the supervisory authority - the prosecutor's office. You may not get to this step if the head of the executive service reacts correctly. After all, he understands that in the future the complaint will go directly to the prosecutor’s office, which, in turn, will not be particularly accommodating, and he, as a boss, will lose the opportunity to influence the situation. About a week after you filed a complaint about the action or inaction of your state enforcement officer, I advise you to come to an appointment with the head of the state enforcement service and start a dialogue. If you see that there is no result, ask him to give you a response to the complaint in writing. This will give you the opportunity to see why you were denied or what was discovered during the complaint proceedings and what deficiencies were corrected. If you do not see that the violations committed by the contractor have been corrected, and a constructive dialogue does not work out, then your next step will be to contact the prosecutor’s office.

The complaint to the prosecutor's office is submitted exactly the same as the one filed addressed to the head of the executive service, only supplemented with information that you complained about the action or inaction of the state executor to the head of the executive service, but the violations were not eliminated (or the inaction continues). What happens after a complaint to a regulatory authority? Your complaint will be processed and materials from the enforcement proceedings will be requested for verification. I would like to remind you of the right (and necessity) to familiarize yourself with the materials of the enforcement proceedings. We recommend that you make copies of it. This should be done before you begin the procedure of influencing the work of a state executor by filing complaints, so as not to look in an unsightly light if documents appear in the production materials that were not previously available before you wrote the complaint. (Yes, sometimes such cases happen). If documents appear in the enforcement proceedings that you have not seen before, I ask you to draw the prosecutor’s attention to this fact, with the provision of photographs obtained during your review of the case materials earlier. Please note that appealing the actions of the performer to the prosecutor's office does not end with filing a complaint only with the district prosecutor's office. You can subsequently appeal the findings of the district prosecutor's office to the city or regional prosecutor's office. If you are not successful there, write a complaint to the Prosecutor General's Office of Ukraine. Let me note an interesting point - the higher the subordination of the body to which you apply, the more competent and complete the response to your complaints will be. I can say that in my practice there have been cases when the General Prosecutor's Office canceled all refusals on a complaint against the actions of a state executor received by the recoverer from the prosecutor's office of a district, city or region, and sent the complaint with its instructions to the district prosecutor's office for consideration, in order to issue an appropriate order, or the Prosecutor General's Office itself made a decision on the complaint. (Although such cases are very rare).

Complaint against the actions of the state executor to the court. The law provides for your right to file a complaint with the court against the action or inaction of a state executor. In this case, you file a complaint similar to the complaints addressed to the head of the executive maintenance service to the court. The complaint must clearly indicate those norms of the law that, in your opinion, the state executor violated when carrying out enforcement actions. You have the right to file a complaint with the court both immediately after discovering a violation, and after you have gone through the full circle of appealing against actions in an administrative manner. Please note that such a complaint against the actions (inaction) of the executor is filed with the court that issued the writ of execution.

In this article, I described the most common difficulties in working with the enforcement service, as well as certain methods of influencing the speed and quality of execution of a court decision. Of course, as our practice shows, each situation requires an individual approach. In this case, it is, of course, better for you to seek the help of a qualified lawyer, at least to obtain professional advice.

Where to complain about the executive service?

Child support has not been paid for more than a year. There is a large debt and a fine has already been collected twice, which also has not yet been paid. The executive service gets off with answers like: “We came, but he wasn’t there,” and the performers themselves change almost every month. The issue is not being resolved. Tell me where to complain about the inaction of the executive service and what should be written in order for the matter to move forward?

It is necessary to write a complaint about the actions of the state executor to the regional Department of Justice. If you need help, please contact me and I will help you with your complaint.

Familiarize yourself with the materials of the Royal Promotion (get copies), after which it is important to consult with a lawyer, and you yourself are unlikely to understand that very little has been revealed, what exactly is the inactivity of the Royal Service..

And if you file a complaint directly to the court, do you need to pay a court fee? If yes, how can I find out its size? And another question: what amount is currently 30% of the subsistence minimum for a child of the appropriate age? If monthly alimony has long been “outdated” - on the basis of which article can you file a claim to increase it? Thank you.

Where can I write a complaint against the Kazansky executive service of the Nikolaev region? There is a transfer of alimony, they don’t transfer it because the accountant doesn’t have any key there, I’ve been waiting for money for 2 months. I provided the accountant’s number at the bank so that he would transfer it directly to the card, the executors tell me that they It’s more convenient for him to transfer to the treasury so that they protect their rights, and not for the child that I’m waiting for money and then I call with a scandal and get this money out. Where can I turn.

If you are not good with the actions of the sovereign Vikonavian, then you can complain to the head of the internal affairs department, the regional internal affairs department, and the Ministry of Justice.

PLEASE TELL ME I NEED A CERTIFICATE THAT MY HUSBAND DOES NOT PAY ALIMONY FOR HALF A YEAR. I AM FROM MARIUPOL AND HIS DOCUMENTS ARE IN KIEV. I WROTE A LETTER TO IS.IN KIEV. THEY RECEIVED BUT THEY DID NOT SEND ME ANYTHING. AND THEY SHOULD HAVE RESPONDED WITHIN 10 DAYS .HELP IS NEEDED IN THE USZN. WHAT TO DO HOW TO GET HELP. WHERE TO CALL TO COMPLAIN ABOUT THEM. TELL ME WHO KNOWS. I ASK YOU VERY MUCH. HELP.

Write complaints: to the Ministry of Justice of Ukraine; to the local prosecutor's office (reported crime - negligence). Perhaps that's enough. If you need help in writing competent appeals, please contact us by email: [email protected] for a productive dialogue.

Article 367. Service non-balance

1 Service unbalance, either unorthodox or unequally enforced by the service special of their service obligations through the undoubted placement before them, which has become a fundamental disgrace to the rights protected by law, freedoms and interests of both citizens, sovereigns and citizens interests or interests of other legal entities - is punishable by a fine of two hundred and fifty to five hundred non-compliant minimum incomes of the population, either by proper robots for lines up to two years, or by limited will for lines up to three years, with the exception of the right to acquire singing plantations and engage in singing activities I write for up to three lines.

2 The same act, which caused serious consequences, is punishable by a reduced will for lines from two to five rocks with a reduced right to capture songs planted and engage in singing activities for lines up to three rocks. with a fine of two hundred and fifty to seven hundred p 'Fifty non-compliant minimum incomes of the population or without it.

(From the changes introduced under the Law of Ukraine dated June 11, 2009 N 1508-VI, which have lost the power under the Law of Ukraine dated December 21, 2010 N 2808-VI; as amended by the Law Ukraine issued 04/07/2011 N 3207 -VI)

The current service rejects financing not only for the distribution of recommended sheets, but often the most important ones. Writing scarves, you will probably get 0 result, if you sign up that everything has been corrected with the original sheet. Please make sure you have a phone number with a valid Vikonavian for starters

Tell me where to complain to the executive service about their inaction

I have contacted the executive service more than once about not paying alimony for me and my child, my ex-husband works, but the executive service can’t find him, they always answer, I submitted a request, he doesn’t work anywhere, I already said the name of the company, what they are asking for I was told that I need official confirmation, where can I complain to the executive service for the fact that they are inactive, all questions are excused with monthly reports or they quit

Good afternoon, you can write a complaint against the executor for inaction and the fact that your husband lacks work does not exempt him from paying alimony. If he does not work anywhere, then he is obliged to pay based on his average salary and his location. Contact us by phone to find out all the information and develop an algorithm for solving your issue.

A complaint against the actions or inaction of the executor is filed either with the territorial body of justice or with the court.

The complaint must be written to the head of the executive service or to the court. The problem is that if your complaint is not properly substantiated, you will again receive a formal reply.

Offer your assistance to the contractor in sending the request. Check when the contractor sent the request and whether there is a response to it.

Make an oral appointment with your boss (Wednesday afternoon, Friday before lunch). Maybe he can help you.

Best wishes to you.

Complain to the head of the executive service or to the court.

But here it is possible that you need to go another way to implement the court decision, but you need to know the circumstances of the case, the court decision.

If you are interested, call me back and tell me everything in detail.

Complaint to the head of the enforcement service or to the court that issued the writ of execution.

I am a pensioner, a veteran of military service, and am on the waiting list for apartments in Kyiv (not on the waiting list). He had an apartment for the Ministry of Defense of Ukraine (not official or state).

Hello. Please tell me what regulates the number of working hours in military service under a contract. How many hours a day should I be on duty, how many outfits?

Hello! Please tell me where to send me a writ of execution to recover an inheritance from the Pension Fund (recalculation of my deceased father’s pension, which he did not receive.

HELLO! PLEASE EXPLAIN ABOUT THE SIGNED LAW ON INCLUDING THE PRISON TERM INTO THE TOTAL PERIOD OF PUNISHMENT FOR TWO DAYS, AND NAMELY THE GUILTY SENTENCE WAS ENTERED TODAY.

Good evening, I need help in influencing the executive service of the Pechersky district, the action or inaction of the state. The performer is very unhappy.

Good afternoon. Dear lawyers and advocates, a question about family relationships is not a difficult question for you and is often encountered. In 2004, the court awarded.

Complaint against bailiffs: who can help

The duties of bailiffs (SPs) include monitoring and ensuring the execution of court decisions. Sometimes their actions do not comply with legal standards. For example, they may exceed their powers, abuse their position, or remain inactive for a long time without demanding execution of the decision. In such cases, specialists can be held accountable, but you need to know the regulations and deadlines for appealing their actions. The article also provides a sample statement that must be followed when drawing up a complaint.

Rules of law

To counter the illegal actions of a joint venture, the initiator of the process must familiarize himself with the following regulations:

• Law “On Bailiffs” No. 118-FZ of July 21, 1997
• Decree of the President of the Russian Federation No. 1313 of October 13, 2004
• Arbitration Procedure Code of the Russian Federation No. 95-FZ dated July 24, 2002
• Law “On Enforcement Proceedings” No. 229-FZ dated October 2, 2007
• Civil Procedure Code of the Russian Federation No. 138-FZ dated November 14, 2002
• Code of the Russian Federation on Administrative Violations No. 195-FZ of December 30, 2001
• Law “On the Prosecutor’s Office” No. 2202-1-FZ of January 17, 1992

Reasons and grounds for complaint

The basis for making claims and filing a complaint against bailiffs are the following abuses of authority:

• “freezing” a bank account of a legal entity or individual;
• illegal arrest of the borrower or seizure of his property;
• violation of measures to ensure the safety of the debtor's property subject to collection;
• ineffective work of the joint venture or failure of a specialist to fulfill any duties;
• complete inaction;
• financial extortion;
• suspicion of bribery;
• violation of professional ethics when collecting debt, namely: boorish behavior, threats;
• ignoring one's direct responsibilities;
• when the bailiff presents unlawful demands, for example, after the expiration of the court decision.

Where to write

In order to defend their rights and interests, the injured person can write a complaint against the bailiff both in case of illegal actions and in case of inaction of a specialist. This can be done through various authorities, including the judiciary. Next, we will consider the options where exactly to complain about bailiffs.

Senior Bailiff

Before the case begins, the complaint is sent to the senior bailiff. The details of this specialist can be found by contacting the territorial division of the FSSP or calling the service hotline. He must consider the complaint within 10 days, clarify the specified facts and provide a written response to the applicant. When conducting an internal audit by a senior specialist and identifying violations on the part of the joint venture, he must be forced to fulfill the requirements of the initiator of the application.

If management fails to act, the applicant has every right to express his dissatisfaction to the prosecutor's office in writing.

Ministry of Justice

According to current legislation, the Ministry of Justice is authorized to control bailiffs.

You can submit a complaint against the joint venture through this institution in the following ways:

• by post;
• personally;
• by fax;
• electronically through the official website.

Prosecutor's office

Appealing to this authority is a more effective way to counteract bailiffs who have violated the regulations. The initiative from the affected person must be considered within one month.

After receiving the complaint, the prosecutor will conduct a full investigation and make one of the following decisions:

• announcement of a warning to the joint venture indicating the inadmissibility of violating the law;
• cancellation of illegal decisions of the bailiff;
• submitting a proposal to eliminate violations of the joint venture.

All responsible persons are obliged to comply with the demands of the prosecutor. In addition to the above decisions, he may discipline the employee.

If the requirements are not met, the applicant has the right to file a complaint with a higher authority.

District Court

In this case, a claim can be filed only after a preliminary investigation, even after the end of the appeal period.

A complaint about recognizing the actions of the bailiff as illegal is sent to the judicial authority at the place of work of the violating specialist.

The claim is considered within 10 days. At the same time, the judge calls the prosecutor and the participants in the trial to listen to their versions of the case. To confirm the arguments expressed, the court has the right to require documentary evidence.

The powers of the government body include not only satisfying the applicant’s demands, but also awarding moral compensation to the victim.

By phone

To simplify the procedure for appealing actions or inactions of bailiffs, a “hotline” of the central service is provided.

You can call the helpline 24 hours a day. 8 (800) 250-39-32 or 8 (495) 620-64-00.

Through the Internet

You can also complain about the joint venture through the official portal of the FSSP or through the website of the prosecutor's office. To appeal, there is a special application form, which, after filling out, is sent to the selected unit.

This method is the most convenient, although not as effective as others.

Through State Services

It is also possible to submit a complaint through the official website of the State Services. This method allows you to avoid unnecessary time and effort.

Any citizen of the Russian Federation has the right to appeal through the resource, but on the condition that the documents sent by him will be certified by his signature in electronic form, which can be affixed according to the rules in accordance with FSSP Order No. 837.

Terms of consideration

The period for filing a complaint is 10 days from the moment of committing illegal actions or identifying inactions on the part of the bailiff, that is, when the injured person was able to learn about the violation of his rights.

As soon as a citizen receives information about the decision in person or by mail, he can immediately file a complaint.

The period for its consideration will be restored or extended for the following reasons: illness, long-distance business trip of the applicant or untimely receipt of the letter. However, ignorance of legislative norms and deadlines is not a basis for extending the time for consideration of the case.

How to compose correctly

Despite the apparent simplicity of the procedure, the complaint must be drawn up strictly in accordance with the standards and rules. Also, the document may only contain clear requirements in relation to the joint venture.

To quickly consider the complaint, it is recommended to attach evidentiary documents to it, although the initiator is not obliged to do this.

[content-wide]In his appeal, the applicant must indicate the phone number of the bailiff, but, as practice shows, the person at fault may not pick up the phone. Such actions of the joint venture are also illegal.[/content-wide]

Sample complaint against the actions of the bailiff

At the beginning of the appeal process, the application is issued to the senior bailiff.

The sample looks like this:

(name of territorial body)

Complaint against the bailiff's decision

The bailiff ____________ (full name) of the department _____________ is in the process of enforcement proceedings for the collection of debt in the amount of _____________ from ___________ (full name).

The order to initiate enforcement proceedings against me was received on ______(date). The period for voluntary repayment of debt has not yet expired and lasts until _____ (date). Despite this, the bailiff ________ (full name) issued a decision to seize my property: _________ (list).

In connection with the above, I believe that the actions of the bailiff _________ (full name) were illegal and violated my rights to voluntarily repay the debt. Guided by Art. 80 and 121 Federal Law No. 229 “On Enforcement Proceedings”, I ask:

1. Recognize the actions of the bailiff as illegal.

2. Cancel the seizure order

Date Applicant's signature

Reasons for refusal

Current legislation provides for situations where a complaint may be rejected if:

• the subject of the appeal is a decision on the payment of the enforcement fee;
• when appealing, the applicant did not comply with the procedure, deadlines and rules of procedure;
• the controversial issue has already been resolved in court earlier;
• the culprit is a specialist who is not a member of the FSSP.

If the complaint is refused to be considered, a notification is sent to the initiator. In this case, the period is 3 days. The applicant may attempt to appeal the refusal in court.

Despite the difficult work, they must not neglect the rules established by law. Ordinary law-abiding citizens have the right to file complaints about their illegal activities or, conversely, inaction.