If citizens are interested in whom the bailiffs report to, it means they had to meet with employees from this department. It just so happened that for good reasons they do not appear in life. The order at the hearings is ensured by these specialists. Without them, many court decisions would not be enforced. To whom do bailiffs report? Usually a senior employee in the unit. Many provisions for their competent conduct in 1997 are established by Federal Law No. 118-FZ. In the legislative act, a hierarchical career ladder is distributed, where subordination by seniority is indicated both within the structure and in relation to higher authorities.
Who is involved in enforcement?
In Russia, the Federal Service of Bailiffs operates, whose employees are authorized to enforce acts emanating from courts and various competent authorities. If the question arises to whom the bailiffs are subordinate, then the answer to it is simple. The activities of the service are controlled and coordinated by the Ministry of Justice of the Russian Federation. Like any part of the legal system, it consists of various hierarchical branches, the lower of which are subordinate to the higher authorities, where the territorial bodies are connected into a single system by the central apparatus. For example, to whom do the bailiffs of a particular unit report? Definitely, the senior officer, that is, the person appointed by the senior management to manage in a particular unit.
Functions of the Central Authority
The central office manages all services distributed throughout the territory of the Russian Federation, but the following officials are at the head of the department:
- Director of the FSSP, he is the chief bailiff;
- first Deputy;
- substituents;
- assistants and advisers.
Inside the central office, management departments have been created that are responsible for the work of structural units in each direction. They consist of departments, which are also divided into departments.
Director Responsibilities
The FSSP Director is responsible for managing a complex and multifunctional system. During the management period, the bailiff must:
- distribute responsibilities;
- establish authority;
- organize activities in the central office.
Information from the director to the Ministry of Justice on the payment and the number of employees of the structure, on the state of the territorial bodies with which he works closely.
Relevance of the problem
Whatever the agency according to the level of status, people who are prone to mistakes work there, abuses of their power are possible. Therefore, so sharply lately the question arose of to whom the bailiff service is subordinate. Some citizens are looking for an answer to it in order to get help and protect themselves from the arbitrariness of employees in the performance of professional duties. First of all, any activity is subordinate to the law, and its instances are the courts.
Filing complaints is a citizen’s right, but you shouldn’t start right away with senior management, and they’ll certainly ask what stages have been completed and whether an attempt has been made to resolve the dispute in a peaceful manner.
Formation order
Each subject has its own territorial division of the FSSP. In a province or region, it also consists of its own apparatus, which controls the regions. On the ground, departments have a chief, deputy. Here is a unit of eight people and a senior, to whom bailiffs are subordinate. In one bundle they work with:
- court order officers;
- experts on carrying out examinations;
- deposit account investigators;
- interrogators and clerks.
The Constitution of the Russian Federation describes for each state structure, private organization or ordinary citizen the main principles and procedures.
How are court decisions implemented?
To whom are district bailiffs subordinate? To your immediate superior. He fulfills the orders of the regional or regional leadership of the FSSP. When the service receives documentation from the court for enforcement according to the decision made, the bailiffs begin work within their powers:
- employees of the executive structure are obliged, on duty, to organize timely, complete and correct implementation of requirements;
- provide each party in the enforcement proceedings with materials to familiarize themselves with the decision, provide an opportunity to write out important points for them, to take a copy from the documents;
- consider the submitted applications with various petitions from the participants, make their decision, explain to whom the court bailiffs of the city report, in what order appeals against decisions in this area;
- receive and process personal information if it is necessary for production;
- to declare a search for persons indicated in the executive documentation within the framework of their competencies and in accordance with legislative regulations;
- carry out search activities under judicial acts, when required by the federal executive body in carrying out the functions of legal regulation, in order to ensure the established procedure in judicial activity for the enforcement of legal decisions.
In this case, the general obligations that are performed by bailiffs are described.
How does a single unit work?
To whom do bailiffs in Russia obey? In the system of executive power, there is a strict distribution, where the city is subordinate to the district authorities, which in turn is the region, and everything is completed in the Central Office. Their powers are regulated by the provisions on bailiffs in accordance with the Federal Law No. 118-FZ in force throughout the Russian Federation. Employees of divisions that monitor safety in courts belong to civil servants, their department is hidden under the acronym OUPDS (ensuring the established order of court operations). But the organization of labor in terms of rigor is equated to militarized structures. All personnel are subordinate to their leader and obeys his orders:
- forcibly leads to court hearings of persons ignoring subpoenas and appearances;
- guards court buildings;
- leaves for property arrests.
Employees during the performance of official duty:
- watch scandals;
- repel attempts to attack by debtors;
- experiencing emotional stress;
- to experience nervous shocks.
Before being included in the staff of a specialist, he is sent to undergo special training, after which he works under the supervision of senior mentors so that his leadership is confident in the moral qualities of the bailiff.
OPSDS difficulties
During work, property is seized, which not all citizens part with in a peaceful way. To prevent fights, the safety of others and their own lives, bailiffs are allowed to use physical force, and in extremely difficult situations - firearms. In this area, educated people with knowledge of regulatory acts work, as abuse of authority or inaction is punishable. It immediately becomes immediately clear to a professional who the court bailiff service of the Russian Federation reports to. First of all, the law by which they can expect criminal liability.
Bailiff Rights
Based on the acts, the bailiffs are given the right to:
- obtaining explanations, certificates within the framework of the executive case;
- free entrance to the buildings occupied by the debtor, he can open the premises or storage;
- arrest, seizure, transfer for storage to specially designated places of property;
- blocking cash and valuables.
The subordination structure of bailiffs allows you to independently perform those actions at the facility that are prescribed by law for enforcement proceedings. A citizen may appeal their actions by contacting higher authorities.
What knowledge does not bother anyone?
When there is a problem with the FSSP, no one has the right to prevent the filing of a complaint about inappropriate behavior of officials. You should find out the hierarchy of subordination of bailiffs. Each unit has a senior, it must be addressed first. Perhaps an oral statement will suffice; if in doubt, a written statement may be submitted. They cannot refuse to accept the complaint; further actions are carried out in the established manner:
- The application is registered as an incoming document;
- the senior bailiff initiates an audit of the activities of his subordinates;
- conducts interviews, if necessary corrects violations.
Who can I file a complaint with?
If the petition is ignored, it is attached to the filed claim to a higher structure - district or oblast. When the direct management does not take any steps, which happens in rare cases, then an appeal to the prosecutor will help. Having revealed the reliability of the facts, the prosecutor’s office will become the initiator for further elimination of violations in the court. Criminal proceedings have information regarding the powers of the FSSP. The provisions are described in detail in article 40 of the Code of Criminal Procedure.
Job responsibilities
Article 151 of the Code of Criminal Procedure of the Russian Federation approves the rights of officials on the part of the FSSP to conduct inquiries with a list of criminal acts that are included in the activities of bailiffs. Every citizen approved in the post can start working if he has reached the age of 20 and has no criminal record. In addition, the specialist must have good health and be educated. Employees may carry out an inquiry procedure regarding persons who:
- evade child support and repay loans;
- obstruct justice;
- disrespectful to the court;
- disclose information on litigations, judges, participants;
- perform actions with described or seized property;
- do not execute court sentences.
At the same time, the APC of the Russian Federation in articles 17.3, 17.8 established liability for citizens if they impede the work of bailiffs, who themselves are obliged to comply with legislative provisions and not step back from the standards. The punishment will follow the failure to comply with the orders of judges and bailiffs, as well as any offense affecting the activities of the FSSP of the Russian Federation.
Total
The work of the bailiffs is difficult and responsible. Therefore, bailiffs are strictly treated by both the authorities and the regulatory and legal bodies. Before starting his job duties, the applicant undergoes a two-month internship. Then it is checked by a special professional commission, by the decision of which he enters the reserve team. When an employee is enrolled in a team, throughout his activity he will have to prove his integrity.