The bailiff system exists to enforce the decision. They have certain responsibilities, including applying penalties or administrative measures to the defendant.
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But the bailiff’s decision does not always correspond to the “letter of the law.” In some cases it can be successfully challenged.
Responsibilities and rights of FSSP employees
It is possible to determine the possible presence of a violation in the content of the resolution only after a detailed study of the powers of the bailiff. To do this, you need to familiarize yourself with the contents of Article 13 of Federal Law No. 118. It describes in detail the rights and obligations of performers, taking into account the specifics of office work.
According to this document, the responsible person has the following powers:
- Taking measures to ensure compliance with the court decision. But at the same time he must act only within the framework of the law.
- They have the ability to process personal data of Russian citizens without their consent. Based on the information received, a new trial may be opened.
- The bailiff has the ability to accept applications from citizens, various types of petitions, and also consider them within the limits of his powers.
- At the request of participants in a court case, provides documents or other information related to a specific proceeding.
- Has the right to notify the responsible authorities of detected violations.
Additionally, in case of material recovery, the bailiff may impose penalties if the requirements of the resolution were not fulfilled on time.
Reasons for appeal
There are a number of actions of the bailiff, which by their nature may diverge from the current legislation. But the executive system is designed to avoid such errors. Control over the actions of the bailiff is carried out by the senior bailiff (his deputy), as well as by all parties to the case - the plaintiff, the defendant and interested parties.
But despite this, the following reasons for challenging the decision can be identified:
- Termination of legal proceedings without proper execution. Usually this is incomplete collection of debt, dishonest attitude towards one’s official duties.
- Recorded when it is necessary to collect alimony. They complain less frequently about abuse of power.
- Enforcement proceedings are transferred to another authority without an objective reason. This is done to delay the execution of the court order.
- Incorrect actions during the arrest, inventory of property or its sale.
- Violation of the terms of execution of the sentence. The most common complaint is that the execution of the decision is delayed.
- Lack of notice to the plaintiff, defendant or other participants in the process. This is a gross violation of office work.
- Accrual of enforcement fees without reason.
The latter is the most common. To cancel it, you must follow the procedure of appealing the bailiff's decision.
Who can contradict?
The actions of bailiffs can be appealed by all persons participating in the process. To do this, it is necessary to correctly draw up a claim, for which documents and information about the actions of the bailiff are first analyzed. In some cases, subjects who did not directly participate in the court hearing, but who became an interested party after the verdict was passed, can appeal the ruling.
The right to challenge the bailiff's decision is granted:
- To the plaintiff. This is usually due to untimely execution of the decision.
- To the defendant. The need arises when the resolution is not implemented correctly or the regulations are violated.
- Prosecutor. In violation of applicable laws or other regulations.
- Organizations or persons to whose budget funds must be accrued in accordance with a court order.
Additionally, all entities listed in Article 45, Part 1, 53 and 53.1 of the Arbitration Procedure Code of the Russian Federation can challenge the actions of the performer. The provisions of Article No. 40 of the CAS of the Russian Federation are also taken into account. Such rights directly depend on the circumstances of the case under consideration. This also affects appeal procedures and liability for false evidence.
This list can be expanded. In fact, anyone who is affected by the circumstances of the court’s verdict can challenge the ruling. It is important to correctly formulate claims and draw up a statement of claim to review the decision.
Application to challenge the bailiff's decision
The main tool for challenging a bailiff's decision is the system of filing a complaint or statement of claim. This possibility is provided for in Law No. 229, Chapter 18. The drafting rules are formulated in Law No. 4866-1. Any violation of these rules may result in the application being rejected. But this does not eliminate the possibility of re-submitting documents.
Stages of filing a complaint:
- Familiarization with the text of the resolution. This may be a copy of the document, but indicating its originator.
- Formation of claims to the content. They must be justified and must refer to laws or other legal documents that were violated.
- Determining the authority where the claim will be filed - senior bailiff or local arbitration.
- Drawing up a complaint taking into account the current requirements for form and content.
- Submitting a document and receiving an official response from competent persons or organizations.
To familiarize yourself with the correct formation of a complaint, it is recommended to study the sample.
Order
The appeal procedure is described in detail in the Code of Administrative Procedure. Details can be found in Chapter 22 of this document. Additionally, when forming a complaint or claim, you can use current standards from other laws or regulations. It all depends on the type of violation and the degree of its discrepancy with the current legislation.
The judicial procedure for challenging a bailiff's decision:
- Subject (applicant). This may be an individual, organization or group that is affected by the regulation.
- Item. In this case, it is a document generated by a bailiff, who has been assigned legal status.
- Type of appeal – complaint or statement of claim. The type depends on the authority where the document will be submitted.
- Jurisdiction. First, a claim is filed in court, the decision of which is carried out by a bailiff. If there is no compromise, go to local arbitration.
- Statute of limitations. According to current standards, it is 10 working days from the moment of familiarization with the contents of the resolution.
- The time for consideration of a claim cannot exceed 5 days.
After collecting the necessary evidence and correctly drafting the claim, you can begin the challenge procedure. At the first stage, it is recommended to file a complaint with the immediate superiors of the bailiff.
Appeal to the senior bailiff
First, you need to decide on the responsible person to whom the complaint will be filed. It is best to do this in the name of the senior bailiff. Its coordinates can be found on the official website of the FSSP or taken directly from the performer. But you need to remember that filing a document will not mean the start of a trial. In fact, the manager can confirm the illegality of the resolution.
The procedure for filing a complaint does not differ from the standard one. It is important that this fact is recorded so that in the future the claim does not fall under the statute of limitations, which is 10 working days.
During the examination, the senior bailiff checks the following points:
- action or inaction of his subordinate;
- compliance with the current standards of the contested resolution;
- regulations for performing the duties of the performer.
Based on the results of the internal investigation, a decision may be made on the legality or illegality of the document. In this case, the manager can cancel its action, which the originator and executor himself does not have the right to do. If some of the demands or their full list are not satisfied, the interested party has the right to submit the claim to arbitration.
Submitting documents to court
The procedure for filing a claim for a ruling must comply with the requirements of Law No. 118. Additionally, the Resolution of the Plenum of the RF Armed Forces No. 50 is taken into account, which provides clarifications on some aspects of such proceedings. The applicant may file a civil claim in a general court or arbitration.
Rules for challenging a bailiff's decision in court.
- Based on the evidence base, the text of the statement of claim is formed.
- Submitting a package of documents to the court.
- Setting a date for the first meeting.
- After all factors have been checked, a time for the main hearing is set.
- Making a decision on the claim.
If the court decides the case in favor of the plaintiff, the ruling is partially or completely annulled. Its effect terminates upon sentencing. However, the consideration of such cases may take a long time. During this period, a significant monetary debt may arise under the disputed document.
Features of office work
Is it possible to temporarily cancel the effect of a bailiff's decision while it is being challenged? To resolve this issue, it is necessary to study the legislation. Such decisions are made only in court and depend entirely on the circumstances of the case under consideration.