What to do if the police officer does not execute the judgment? Today it would be desirable to tellabout what personally I face constantly, is an inaction of the bailiff (that is very widespread), or, on the contrary, his actions, but illegal.
One my acquaintance appealed to me. Its happy marriage burst on seams in two years after a honeymoon trip, and except a double sofa and the TV in inheritance from the run-away husband it got also the child. Children are happiness, but happiness expensive. Gore - the husband left not really far - to the neighboring region, however not only to come, but also to help the ex-wife and the child refused at all. And on social networks included my acquaintance in “ black list “ that did not bother. Mutual friends, however, told it that the man does not starve, works and generally even grew stout.
My acquaintance filed the statement of claim in court, carried the case, received the judgment made in its advantage on hands, the police officer excited executive production, but after that the long time occurred nothing, she for some reason did not see money as to the police officer was “ it is uninteresting “ to be engaged in its business.
Let`s glance in the law “ About executive production “ (article 123 and article 128). There it is directly specified that resolutions of the official of service of bailiffs, his actions (inaction), can be appealed or to his immediate superior (to the head of department - the senior bailiff), or in court around which activity having stuck fulfills the duties (if the court order gave arbitration court, then it is possible to appeal there).
If the police officer broke the law, then the complaint should be made within 10 calendar days since the moment when you learned about it (the resolution came to you by mail).
The acquaintance I recommended to complain of service of bailiffs step by step: at first as subordination to the senior bailiff, then in court; it is also quite good if you act in these two directions at the same time.
The complaint to the resolution of the official of service of bailiffs, his actions (inaction) moves only in writing.
In it have to be specified:
1) a position, a surname, initials of the official of service of bailiffs, the resolution, actions (inaction) which refusal in commission of actions are appealed;
2) a surname, a name, a middle name of the citizen or the name of the organization which made the complaint, the residence or the place of stay of the citizen or location of the organization;
3) the bases on which the resolution of the official of service of bailiffs, his actions (inaction), refusal in commission of actions is appealed;
4) requirements of the person who made the complaint.
Under the law the person who made the complaint can not submit documents which confirm the circumstances specified in the complaint.
When you will write the complaint, transmit one copy through office of service of bailiffs (or send by mail the registered mail with the notice), demand that on the second copy in office put a stamp about acceptance. Your address is obliged to consider within ten days from the moment of its receipt (Art. 126 of Federal Law “ About executive production “) . If you for any reasons do not like the answer of the senior bailiff, address his immediate superior (The chief bailiff of the subject of the Russian Federation).
If all this did not help, then it is necessary to appeal to court.
I give an approximate sample of such address:
“ ______ “ _________________ the magistrate _______________ a judicial site No. _________________ issued the injunction on business ______________________ (entered into force __________________)
“ ___ “ ________ 2011 the court order is accepted by the PROGRAM STATUS WORD ____________ department of bailiffs _________________ the area ________________, executive production No. __________________ the bailiff of _______________________________
is excited the Specified actions (initiation of executive production) for date of submission of the present complaint did not lead to execution of a judgment.
Till present any data on appropriate execution of executive production from the bailiff are not available.
According to Art. 64 of Federal Law “ About executive production “ in the course of execution of requirements of executive documents the bailiff has the right to make executive actions, including:
- to cause the parties of executive production (their representatives), other persons in the cases provided by the legislation of the Russian Federation;
- to request necessary data from the natural persons, the organizations and bodies which are in the territory of the Russian Federation and also in territories of the foreign states, in the order established by the international treaty of the Russian Federation to obtain from them explanations, information, references;
- to carry out an inspection, including financial documents, on execution of executive documents;
- to give to natural and legal entities instructions on execution of the requirements which are contained in executive documents;
- to request necessary information from the parties of executive production;
- to consider applications and petitions of the parties of executive production and other persons participating in executive production;
- to collect performing collecting and to impose penalties on the debtor and other persons in cases and an order which are established by the specified Federal law;
- to address to the body which is carrying out the state registration of the rights for property and transactions with it (further - registering body), for carrying out registration addressed to the debtor of the property belonging to it in cases and an order which are established by the present Federal law;
- to make other actions necessary for timely, full and correct execution of executive documents.
According to Art. 105 of Federal Law “ About executive production “ in cases of non-execution by the debtor of the requirements which are contained in the executive document, in time, established for voluntary execution, the bailiff issues the decree on collecting performing collecting and establishes to the debtor new term for execution.
At non-execution by the debtor of the requirements which are contained in the executive document without valid excuse in again established period the bailiff applies the penalty provided by article 17 to the debtor. 15 Codes of the Russian Federation about administrative offenses, are also established by new term for execution.
The term established to the debtor ______________________________________ for voluntary execution of the requirements which are contained in the executive document expired long ago.
However so far the bailiff _____________________________ made no measures directed to compulsory execution of the requirements specified in the executive document that significantly violates the rights of execution creditors.
Thus, almost for ____________________________ months the bailiff _______________________________ did not take appropriate measures for performance of the injunction.
Inaction of the bailiff leads to violation of my rights as execution creditor and to causing to me losses.
The damages caused by inaction of the bailiff according to the current legislation can be claimed from Federal Bailiff Service at the expense of treasury of the Russian Federation.
I will remind that owing to the Art. of Art. 15, 1069 of the Civil Code of the Russian Federation the harm caused by the bailiff as a result of non-execution or inadequate execution of the obligations for execution of the executive document issued by court is subject to compensation in the order provided by the civil legislation.
Considering the above and being guided by Art. 441 of GPK Russian Federation, Art. 167 of GPK Russian Federation,
1. To recognize illegal inaction of the bailiff __________________________ to which executive production No. _____________________ is entrusted to
2 now. To oblige the bailiff _____________________ to take all necessary measures provided by Federal Law “ About executive production “ my requirements as execution creditor according to the injunction in the matter of No. _________________ were carried out.