In what cases is it necessary to complain about the unlawful actions of a bailiff and where? What to do if the actions of bailiffs are unlawful

Every citizen is given the opportunity to protect his interests. This can be done by filing a claim in court or appealing decisions, decisions, or behavior of officials. This possibility also extends to the period of application of coercive measures. Let us consider further how a complaint against the bailiff service is drawn up.

When does the need to challenge arise?

Samples of complaints against bailiffs indicate a wide variety of reasons why citizens want to file an application. One of the main ones is the failure of an official to comply with legal requirements. For example, a creditor can convince an unscrupulous bailiff to issue a ruling on a writ of execution with expired or begin compulsory proceedings without defining a period for the debtor to voluntarily fulfill his obligations. There are often cases when the defendant’s property is seized, the value of which is several times higher than the amount of debt imposed by the decision. You can also file a complaint against bailiffs if they deny you the opportunity to familiarize yourself with the materials of the proceedings.

Normative base

A complaint against a bailiff is drawn up in the manner prescribed in Chapter. 18 Federal Law No. 229. The rules are also formulated in Law No. 4866-1. According to its provisions, a complaint can also be filed against the actions of a bailiff and decisions of an official that violate the freedoms and interests of citizens.

What is the deadline for submitting an appeal?

Consideration of claims is carried out by an authorized authority in accordance with the rules provided for in Chapter. 25 Civil Procedure Code. A complaint against a bailiff's decision can be sent within 10 days from the date of its issuance. In practice, there are cases when the debtor is not notified in time about the start of proceedings. In this case, a complaint is filed against the bailiff’s inaction. It is sent within ten days, the calculation of which begins from the moment when the citizen became or should have become aware of the start of the proceedings. If the established period is missed, a citizen has the right to write a petition for its restoration. The application must state valid reasons and provide evidence. If the court considers the grounds for missing the deadline to be insufficient, the petition will not be granted.

Reporting order

Appeals against the actions of the bailiff and the acts adopted by him are carried out in the city (district) court. The application is sent to the authority where the official performs his duties. During the consideration of the claim, the official will be required to prove that his behavior complies with the law. A complaint to the senior bailiff is sent to acts adopted by a person subordinate to him, except for those approved by him. A complaint to a superior person is also addressed in the event of challenging the behavior of a representative of the FSSP. A complaint against a bailiff, his behavior and approved acts is sent to the head of a unit of a constituent entity of the Russian Federation. This rule also applies to statements challenging the behavior of department heads and their deputies. A complaint against a bailiff (his behavior and acts adopted by him) can be sent either directly to higher officials of the SSP, or through the employee against whom the claims are made.

Procedure for consideration

A complaint against a bailiff is sent to the management of the employees whose acts and behavior are disputed within three days from the date of its receipt. If the official who received the application does not have the authority to consider it, he is obliged to transfer the application to an authorized specialist by sending a written notification to the applicant. The latter may withdraw the claim before a decision is made on it.

Compilation requirements

A complaint against a bailiff (his behavior or acts adopted by him) must be made in writing. The application must be certified by the signature of the applicant or his representative. In the latter case, the claim must be accompanied by a document confirming the authority of the person.

The content of the appeal must indicate:

1. Full name, position of the bailiff whose behavior, refusal or adopted act is disputed.
2. FULL NAME. citizen or name of organization, place of stay (residence, location) of the applicant.
3. The grounds on which a claim is made regarding the behavior, act adopted, or refusal of an official.
4. Directly the applicant's requirements.

Important point

When sending a claim, the applicant may not attach documents confirming the circumstances cited in it. If the presence of this evidence will be important when considering the complaint, the official authorized to consider it may request it. In such a case, the period during which the claim is being processed will be suspended until the necessary documents, but no more than ten days.

Terms of consideration

A complaint filed in the order of subordination must be verified within 10 days from the date of receipt. Review is carried out only by an authorized person. If a complaint about the behavior of the bailiff or the act adopted by him is accepted by the court, the verification of the claim filed in the order of subordination is suspended.

Cases of challenge

The decisions of the bailiff, his behavior to ensure the implementation of the obligations established in the decision of the authorized body can be appealed to a general jurisdiction body or arbitration. The authority must be located in the territory where the specified official carries out his work. A claim may be submitted during execution:

1. Requirements contained in documents adopted regarding citizens or organizations engaged in business without forming a legal entity.
2. A writ of execution, which is issued in an arbitration court.
3. The bailiff's decision made on the basis of Part 6 of Art. 30 of the above Federal Law, if the debtor is a citizen or an organization engaged in business without forming a legal entity, and the proceedings have been started in connection with its commercial activities.
4. Other cases provided for in the APC.

In situations not listed in Part 2 of this article, the claim is sent to an authority of general jurisdiction. The authorized body considers the received application within 10 days in the manner established in the procedural legislation of the Russian Federation and taking into account the features provided for in the Federal Law.

Nuances of filling out a claim

In the part where the details of the parties should be, the name of the body to which the complaint is addressed should be accurately indicated. The application must include the position and full name. persons whose behavior or adopted act is disputed. This information appears after the word "complaint". The content of the claim should present the events in the order in which they occurred. If, for example, the citizen was not notified that enforcement proceedings had been initiated, it is necessary to cite the circumstances that occurred at that time. If he was absent and therefore did not receive notice, he should indicate the reason and location, and attach documents confirming that the reasons were valid. If a citizen turned to the bailiff with a request to familiarize himself with the materials of the proceedings, but was refused, the words and actions of the official must be clearly stated. Directly during the application, you can ask to write an explanation of your behavior. If the bailiff refuses to do this, then this should also be indicated in the claim. As stated above, it is not necessary to attach documents proving the illegality of the official’s behavior. However, experts recommend still filing a complaint with them.

This will prevent the claim process from being delayed. When describing the circumstances, it would be nice to provide references to legislative acts. A qualified lawyer can help with this. Your requirements must be stated clearly, so that they cannot be interpreted in two ways. At the end of the application you need to list the documents attached to it. At the very end, be sure to sign and put a number. If the claim is made correctly, it will be considered. If the registration procedure is not followed, the complaint will be returned.

Alternative option

There is another way to fight unscrupulous officials, besides filing a complaint about their behavior or adopted acts. It consists of giving publicity to the ongoing arbitrariness in regional and city media. As practice shows, officials are not at all happy with the prospect of being negative characters in television stories or newspaper or magazine articles. Such radical actions by debtors, as a rule, entail verification of the competence of all activities of the employee, and in some cases, the entire department. As a result, the matter is placed under the control of senior managers.
Identified violations of legislative norms entail administrative and disciplinary liability, the imposition of penalties, recording of cases in personal files, removal from service and many others. unpleasant consequences. The public outcry does not allow the case to be left without consideration or to be “unsubscribed” from the claim. Giving publicity to such cases has a negative impact on the reputation of the FSSP. In some cases, contacting the media can be even more effective than appealing against decisions or behavior of bailiffs in the prescribed manner.

Finally

What method will be used to protect rights is up to everyone to choose for themselves. However, in any case, it must be remembered that actions must not contradict the law. For those who choose to appeal in accordance with the procedure established by the Federal Law, they should carefully study the requirements of the norms and observe the period during which a claim can be submitted. If necessary, you can seek advice from a qualified lawyer.

Complaints about the inaction of the bailiff - This is a document template for applying to authorized bodies to protect violated rights and interests as a result of the inaction of a bailiff. Every citizen has the opportunity to draw up such a complaint, which will help not only restore his rights, but also draw attention to the unsatisfactory work of such an entity.

Legal acts governing the procedure for filing a complaint

Fundamental legislative act regulating legal relations regarding the filing of a complaint against the inaction of a bailiff - the Federal Law “On Enforcement Proceedings” dated 2.10. 2007 No. 229-FZ, namely Chapter 18.

In case of filing a complaint with the court, individuals are guided by Article 441 of the Civil Procedure Code Russian Federation dated November 14, 2002 No. 138-FZ, and legal entities And individual entrepreneurs- Chapter 24 of the Arbitration Procedural Code of July 24, 2002 No. 95-FZ.

Complaint about the inaction of the bailiff: reasons for filing

In practice, the activities of some bailiffs are carried out contrary to domestic legislation, are immoral in nature and significantly violate the interests of citizens. The most effective form of challenging such actions is a properly drafted complaint. However, in order for the authorized person (body) to take the complaint into account, the reasons for its submission must be clearly argued. These include:

• Unreasoned refusal of a bailiff to review materials enforcement proceedings.
• Opening of enforcement proceedings, the deadline for which has already expired.
• Unjustifiably slow performance by the bailiff of his powers.
• Enforcement proceedings are carried out in a manner that violates the rights of citizens.
• Failure to carry out enforcement proceedings.
• Carrying out compulsory enforcement proceedings without first providing the opportunity to do so on a voluntary basis, etc.

Ways to file a complaint against the inaction of a bailiff

A citizen who challenges the actions of a bailiff may, at his discretion, choose the following official structures for filing a complaint:

1. Judicial authority. Individuals must apply to a court of general jurisdiction, and legal entities - to arbitration court. When filing a complaint with a court of general jurisdiction, citizens are exempt from paying tax penalties.
2. Prosecutor's office (you must apply at the complainant's place of residence).
3. Higher bailiff (in order of subordination).

Lawyers recommend first contacting a higher authority. This method has a number of advantages: minimum cost time, simplification of the procedure (compared to court proceedings), receipt of a report on the measures taken.

A complaint can be submitted in person to the office of the authorized body, by email or by post.

Form and content of a complaint about the inaction of a bailiff

A complaint about the inaction of a bailiff must be in writing and signed by the applicant. Unsigned applications will not be considered. The deadline for filing a complaint against unlawful actions of a bailiff is 10 days from the date of such violations. The complaint must include the following information:

1. Position, full name of the relevant bailiff.
2. Reasonable evidence of violation by the bailiff of the current legislation.
3. Full name, place of residence, contact details ( phone number, email) of the applicant.
4. The applicant’s demands (stop the violation, renewal of legitimate interests).

A sample complaint about the inaction of a bailiff can be found on our website.

Complaint consideration period

According to the Law “On Enforcement Proceedings”, the period for consideration of a complaint by a higher-ranking bailiff cannot exceed 3 days. After this period, he must send the applicant the results of the consideration of the complaint. After considering the complaint, the superior bailiff may come to the following conclusions:

1. The complaint is justified and the unlawful actions of the bailiff must be stopped. Such a subject may also be subject to disciplinary liability.
2. The complaint is unfounded because the evidence provided is insufficient or erroneous.

1. Collect sufficient evidence of the unlawfulness of the actions of the bailiff. You also need to make sure that the information received is true and subject to appeal.
2. Correctly draw up a complaint, which will indicate all the necessary details.

Experts also note that a complaint can be filed through a representative whose powers are certified by a power of attorney, constituent documents and etc.

The complaint must be written in formal business style, however, the use of special legal terminology is not required. This document should not contain unnecessary emotional expressions and words, personal insults and aggressiveness. The text must be written in a concise, clear, concise form. A successful result can be guaranteed collective complaints, since they do not reflect the subjective opinion of one person, but dissatisfaction the whole group. This increases their truthfulness and objectivity.

Complaint is a democratic way of resolving conflict situation. If the bailiff fulfills his job responsibilities improperly, citizens must respond to such cases by contacting the relevant authorities with claims and complaints. This helps to increase the efficiency of executive bodies in carrying out their duties and creates order and discipline in the field of enforcement proceedings.

Inaction of a bailiff is far from uncommon in today's times. Situations where representatives of the executive service refuse to perform their duties efficiently can hardly be called legitimate. How to overcome the inaction of bailiffs? What to do in such situations to an ordinary citizen? Answers to all these questions will be provided in the article.

About the fact of inaction

How to write a complaint about the inaction of bailiffs will be discussed below. First, it’s worth understanding what constitutes inaction in general. If we turn to the theory of law, then inaction is understood as the failure of officials to fulfill their duties. Moreover, failure to act significantly violates the rights of third parties.

A very simple example: bailiffs have only 3 days to complete certain paperwork, but the body itself shows absolutely no activity. Illegal inaction, therefore, begins to manifest itself already on the fourth day.

Thus, inaction means failure to carry out job responsibilities resulting in harm to third parties.

Who can file a complaint?

Before you start figuring out where to file a complaint, you should cover at least important question: Who can file a complaint? If you look at judicial practice, then it will not be difficult to notice how representatives of judicial proceedings make gross mistakes in their work.

Moreover, these mistakes often affect people who are not directly related to trial. Any subjects whose rights have been violated have the right to appeal the actions of bailiffs.

Where to write a complaint?

Typically, a complaint is made to the supervisor of the person whose actions appear to the complainant to be unlawful. The same principle can be applied in the case of bailiffs. But, as is usually the case, in legal proceedings everything is not so simple. Often, the inaction of an official is not his own initiative. Perhaps the employee is happy to help, but his superiors forbid him. In such cases, an application for the inaction of bailiffs cannot be submitted to the same authorities: it will simply be meaningless.

What to do in such situations? Where should I contact? First, you should look at all the available documentation that relates to the problem in one way or another. The following acts can be highlighted here:

• about postponement or refusal of execution;
• on coercive measures in enforcement proceedings;
• on the transfer of production to other departments;
• about the impossibility of making a decision;
• on suspension of proceedings.

This list clearly illustrates the fact that the inaction of bailiffs can be caused for various reasons. So where should you file a complaint? First you will have to contact the management of the bailiffs. If this action is not successful, you will have to contact the prosecutor's office or higher authorities.

Application deadlines

This legislation establishes a ten-day period for appealing against actions or inactions of representatives executive body. In this case, the beginning of the required period is considered to be the day when a person learned about the violation of rights. The term cannot be restored due to the legal illiteracy of the applicant. Does this mean that a person will not be able to overcome the inaction of the judiciary? What to do in such a situation?

First, you should pay attention to possible valid reasons for reinstating the deadline. These include:

• the applicant's illness;
• he is on a business trip;
• the letter sent by the applicant did not reach the correct address.

Thus, it is necessary to begin appealing the unlawful actions of bailiffs as soon as possible.

What should the complaint be?

What to do if bailiffs are inactive? It must not go unpunished. What needs to be done to ensure that the complaint reaches the correct address and is considered by the appropriate persons? It needs to be formatted correctly. Thus, the appeal should not contain insults, abusive language or obscene language. The applicant, no matter how angry he may be, must control himself.

The complaint should be as clear as possible. The document indicates specific facts of violation of rights. The persons to whom the complaint is addressed must have a clear understanding of what happened. The structure of the complaint is as follows:

• a description of everything that happened;
• an indication of specific facts of the performer’s inaction;
• listings of rights and interests violated by a representative of the judicial system;
• specific requirements for the implementation of certain actions, please take appropriate measures.

This should be a complaint about the inaction of bailiffs, a sample of which can be seen below.

The application must indicate the applicant's telephone number.

How to file a complaint about the inaction of bailiffs?

What to do after filing a complaint? You need to decide where exactly the paper will go. If the head of the department, then it is worth considering that the application must contain specific requirements; if to the prosecutor's office, then you need to pay attention to the violated rights and the request for their restoration; if the application is sent to court, then it will be necessary to explain why the actions of the performer seem illegal to the applicant.

You can file a complaint different ways. The first and most convenient option- through the Internet. To do this, you will have to go to the website of the relevant authority and find the “file a complaint” column. The second option is a written appeal. The paper should be submitted either directly to the department or by registered mail by mail. In this case, it is better to keep a copy of the submitted application with you. Once officials receive a complaint, the complainant will be notified.

It is advisable to attach any documents confirming the fact of the offense to the application.

Consideration of the complaint

The consideration of the submitted application in different authorities differs significantly. So, if a complaint comes to the senior bailiff, the head of the department will be obliged to conduct an internal audit. The guilty official will be obliged to compensate for the damage. A complaint to the prosecutor's office about the inaction of the judiciary will entail a 30-day review period and confirmation of the fact of the offense. The prosecutor can:

• reverse the illegal decision;
• announce a warning;
• make demands or representations, etc.

It is also possible that the bailiff who violated the applicant’s rights will be subject to disciplinary action. Finally, if the applicant files a complaint with the court, the procedure will be as follows:

• the court will accept the complaint;
• requests documentation;
• listen to the opinions of the parties;
• decides.

It is worth noting that going to court has both advantages and disadvantages. They will be discussed further below.

Judicial impact

Appealing to the courts with a complaint about the inaction of executive officials has the following disadvantages:

• the court, unlike the prosecutor, does not give specific instructions on the implementation of certain actions;
• cannot set a special deadline for this;
• sometimes he cannot punish the bailiff at all.

As a rule, the court tries to make a decision on the illegality of the bailiffs’ inaction, after which it assigns responsibilities to eliminate the violations. But the requirements put forward are, as a rule, not specific. But going to court also has some advantages. In particular, it is worth highlighting the possible compensation for moral damage and the short duration of the entire process.

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

○ Reasons for complaints against bailiffs, where to complain and how to do it correctly?

To properly file a complaint, it must be properly drafted and sent to the person who has the authority to consider it. If your document was not accepted or appropriate actions were not taken on it, you can submit a second complaint to 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 of the Russian Federation, this Federal Law, the Federal Law “On Enforcement Proceedings” and others 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 Valuation Activities”.
• Regulations on Federal service bailiffs.
• Regulatory acts of the Ministry of Justice of the Russian Federation.

○ What can you complain about?

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

• Inaction.
• Issuance of a resolution to initiate enforcement proceedings against you.
• Collection of enforcement fees illegally.
• Violations of legal norms during the seizure of property, its valuation and sale.
• Imposition of illegal fines.
• Other illegal actions that infringe on your rights and interests.

○ Complaint.

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

✔ Features of document preparation.

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

• 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 employee’s actions/inaction.
• Requirement to take appropriate measures.
• Date and signature of the applicant with transcript.

✔ Sample complaint.

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

○ Where to send a complaint?

The complaint can be directed to a superior official. This means that its recipient may be the head of the territorial department of bailiffs or a superior person.

✔ Head of the bailiffs.

The investigation into the illegality of the actions/inactions of the bailiff should begin in accordance with Art. 123 No. 229-FZ. According to the order of subordination, the first complaint is submitted to the boss, under whose direct subordination the object of the complaint is located (clause 1 of Article 123 No. 229-FZ).

✔ Chief bailiff for the region (region).

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

✔ The country's chief bailiff.

If you cannot get your issue resolved, the complaint can be sent to the chief bailiff of the country (clause 3 of Article 123 No. 229-FZ). This measure is taken when the rights and interests of a citizen are violated by the chief bailiff of the subject of the Russian Federation in which his issue was considered.

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