The problem of non-enforcement of court decisions and acts of other bodies in the field of various offenses: family, property, administrative, labor, etc., is becoming increasingly urgent. Moreover, these decisions are not executed not only by defendants, but also by other persons who are required to fulfill the requirements of the court and other organs. A particularly important aspect of monitoring these actions is prosecutorial oversight of the activities of bailiffs.
The essence of the bailiffs
The need for prosecutorial supervision of the enforcement of laws by bailiffs arose in connection with the abolition of the executive system in the 1990s and the emergence of the corresponding federal service.
The activities of this body are based on Federal Laws No. 118- and 229-. In this regard, new powers of the prosecutor’s office were recorded, related to the control over the implementation of laws by all employees of the military service sector.
To determine the essence of the work of bailiffs, it is necessary to proceed from the legal regulatory framework and the goals of the work of this body.
Legal basis for the supervision of prosecutors
The list of regulatory legal acts that regulate prosecutorial supervision of the enforcement of laws by bailiffs includes the following documents:
- Federal Law No. 118-, explaining the essence of the work of bailiffs.
- Law No. 229- "On Enforcement Proceedings", which regulates the process of conducting procedures.
- Presidential Decree No. 1316, approving the Regulation on the relevant authority (Federal Bailiff Service).
- Order of the Russian Ministry of Justice No. 69, which approved the Regulation on the territorial bodies of the FSSP.
- Directive of the Prosecutor General’s Office No. 155/7 defining the organization of supervision of the work of bailiffs by the prosecutor’s office.
Also, these issues are partially considered by the Code of Criminal Procedure, Code of Civil Procedure, agrarian and industrial complex, PEC and other acts of a legal nature.
The essence of prosecutorial oversight
Prosecutorial supervision of the enforcement of laws by bailiffs is the activity of authorized persons to verify the legality of the actions of bodies, organizations and individuals.
They also exercise control over the timeliness of executive actions, the application of coercive measures to certain citizens, the observance of the rights, interests and freedoms of citizens, respect for dignity and honor, as well as other actions relating to the work of bailiffs and related persons.
Objects of supervision and its bodies
The main object of prosecutorial supervision of the enforcement of laws by bailiffs is the Federal Service, which reports to the Ministry of Justice. Also, the facility includes all territorial bodies of this type and their employees - bailiffs.
The bodies of the Russian FSSP are a centralized unified system led by the Federal Bailiff Service. The subordinate bodies of the territorial type (departments and administrations) that operate in every Russian entity, region, city. The system of bodies also includes specialized and interdistrict service units.
The officials of the departments are:
- The main Russian bailiff is the director of the FSSP;
- deputy directors;
- the main bailiffs in the subjects are the heads of bodies of the territorial level;
- deputy leaders;
- senior bailiffs;
- bailiffs.
Tasks of the bailiff service
The functions of bailiffs include:
- Ensuring the procedure established by law for the work of court bodies at the highest level (of the Constitutional, Supreme and Supreme Arbitration Courts of the Russian Federation, as well as arbitration courts and bodies of general jurisdiction).
- Enforcing enforcement of acts of courts, other bodies and their officials (for example, voluntary agreements on the payment of alimony, certified by a notary, or acts on administrative cases).
- Implementation of the norms of the legislation on legal proceedings in criminal cases, if they are referred by the Criminal Procedure Code to the jurisdiction of the FSSP and its bodies.
Categories of bailiffs
To fully disclose the topic of prosecutorial supervision of the activities of bailiffs, it is important to understand what categories the FSSP employees are divided into. The legislation established the division of bailiffs into two categories:
- bailiffs;
- bailiffs providing the established procedure for the operation of ships.
The former are engaged in the enforcement of acts of judicial and other bodies, their officials. Their activity is security, as it involves enforcement of court decisions (as well as acts of other bodies and authorized persons) and the commission of lawful actions to ensure the quick and effective closure of enforcement proceedings.
The employees of the second category are responsible for ensuring order in the courtroom when conducting business in courts of all levels. Their powers include ensuring public order in the premises and buildings, the suppression of crimes and other offenses. Their activities have a law enforcement function.
The tasks of prosecutorial supervision
The tasks of prosecutorial supervision of the implementation of laws are as follows:
- Ensuring the principle of legality in the work of bailiffs in the courts and departments of the FSSP.
- Protection of the interests and rights of citizens and organizations in respect of which executive proceedings were instituted.
- Ensuring the statutory order of the courts, as well as the proper implementation of judicial decisions.
The direct subject of supervision in this area is not defined in the law on prosecutors. It takes into account the tasks assigned to the conscript service, and the legal status of officials. Thus, the subject of supervision is the enforcement of legal norms and laws of a bailiff.
Directions
Prosecutorial supervision of the activities of bailiffs and employees of the FSSP in the courts is carried out in the following areas:
- complying with the procedure for the enforcement of acts of courts, other bodies and authorized persons by the law determined by law;
- enforcement of legal norms in the process of ensuring the normal operation of courts and their staff;
- observance of the interests and rights of citizens and organizations;
- verification of acts issued by officers of the gang service to the norms of legislation.
The essence of enforcement proceedings
One of the areas of prosecutorial oversight of bailiffs is verification of compliance with the law by FSSP officers in enforcement proceedings. In this regard, it is important to consider what this concept is and what is included in it.
Executive proceedings - a procedure for the enforcement of acts of courts, other bodies and authorized persons in a forced manner in order to protect violated interests, rights and freedoms of individuals and legal entities.
Compulsory execution is carried out in respect of acts that oblige debtors to transfer property and financial resources to other organizations, citizens or the corresponding budget, or to take any actions in favor of these persons (or to refrain from them).
Executive type production is a complex process, which is the final stage of recovery. It includes:
- issuing a decision to institute enforcement proceedings;
- collection actions;
- issuing a decision on the completion of enforcement proceedings.
Powers of bailiffs in enforcement proceedings
Prosecutorial supervision of the observance of laws by bailiffs is carried out with respect to the legality of acts issued by FSSP employees and their actions.
After the bailiff has ruled that enforcement proceedings are instituted against a particular citizen or organization, his authority includes the following actions:
- Call of the parties to the proceedings (claimant, debtor).
- Forwarding inquiries to various bodies and organizations on the provision of information about the debtor and his property.
- Checks.
- A visit to the non-residential and residential premises of the debtor to identify its property status and things subject to seizure in payment of debt.
- The seizure of accounts and property of the subject.
- Sale of property at auction with further transfer of the proceeds to the recoverer.
- Eviction from an occupied residential property for debts.
- The commission of other actions that are aimed at enforcing the relevant decision of the authorized body in a mandatory manner.
According to the norms of legislation, the debtor is given five days in order to voluntarily fulfill the requirements specified in the bailiff's order. After that, the collection will be carried out in a compulsory form with the accrual of seven percent of the price against the performance fee.
Ensuring the statutory order of the courts
Prosecutorial supervision of bailiffs in the field of judicial record-keeping is to verify the maintenance of the procedure for the operation of courts of all levels established by law. The content of the bailiffs in this case comes down to the implementation of the protection function.
The bailiffs must fulfill the duties of maintaining public order in court, suppressing and preventing criminal and administrative offenses in the buildings and internal premises of the courts, ensuring the safety of members of the judiciary, jurors, participants in the case, etc. The prosecutor’s office, in turn, is committed to that checks the correctness of the execution of these actions by bailiffs and compliance with the rule of law.
In addition to these functions, the FSSP employees have an obligation to fulfill certain judicial orders:
- safe transportation of criminal cases and evidence of a material type to the place of trial;
- bringing citizens who evade appearance to a meeting;
- removal of violators of the courtroom.
The bailiffs in the process of executing the orders of judges are endowed with a large number of rights: when bringing in persons who evade appearance in the judicial authority, the FSSP employee has the right to enter buildings, premises, residential apartments, on the territory of objects, check documents from persons located there, inspect things and search of citizens.
Requirements of bailiffs are mandatory for all persons who are in court. In cases established by law, they have the right to use force, firearms, and special-purpose weapons to combat court violators.
If a FSSP employee received a complaint about a violation of the interests and rights of citizens and organizations, it is subject to immediate consideration.
The scope of prosecutorial oversight
The problems of prosecutorial supervision of the activities of bailiffs in the field of ensuring order in the buildings and premises of the court are connected with the establishment of limits for the control by the said body.
According to the norms of legislation, verification of the legality of the activities of bailiffs in the courts is not included in the terms of reference of the prosecutor's office. This is due to the fact that the prosecutor’s office has no right to supervise the work of the court and the legality of the actions committed there.
In addition, she cannot supervise the lawfulness of the actions of the inquiry officers in the Federal Security Service in criminal matters, which are referred to the competence of the Code of Criminal Procedure (under the fourth paragraph of the third part of Article 151 of the Code of Criminal Procedure of the Russian Federation). This is due to the fact that activities of a procedural nature belong to another supervisory industry.
Response Tools
The organization of prosecutorial oversight of the implementation of laws is closely related to the issuance of certain violations of certain acts. There are four types of response tools for prosecutors:
- Protest - an act on the cancellation of a regulatory document issued by a body or its official.
- Resolution - an act initiating proceedings against a specific person or group of persons.
- Submission - an act of responding to identified violations of laws or making illegal decisions.
- A warning about the inadmissibility of breaking the law is a preventive document.
Prosecutorial supervision of the enforcement of laws by bailiffs is carried out continuously in the course of the entire work of FSSP employees. At the same time, bailiffs continue to carry out their work continuously.