Raids of traffic police and bailiffs. When does a bailiff have the right to collect your debts on the road? Better not hide

On the eve of Children's Day, bailiffs across the country conducted raids on child support defaulters. How great is the chance to find unfortunate fathers and mothers at home and what threatens them for violating the law, the correspondents of Podmoskovye Segodnya learned.

CATCH BY SURPRISES

“We leave for alimony either from 6 to 8 in the morning, or after 18 in the evening - so there are more chances to find them at home,” says Yury Chistikin, deputy senior bailiff of the Krasnogorsk district department of the UFSSP for the Moscow region, while we get into the car.

Krasnogorsk bailiff-executor Tatyana Adrova has seven addresses scheduled for this evening, and in her hands is a folder with orders, requirements and acts on enforcement proceedings of debtors.

In total, since the beginning of the year, bailiffs of the Moscow Region have collected more than 237 million rubles in favor of minors. Of the 395 criminal cases initiated by the bailiffs, 374 were against persistent non-payers of alimony. 14,428 debtors on alimony obligations were restricted in leaving Russia, and 7,954 were restricted in the right to drive a vehicle.

The first address is on Pionerskaya Street. Nobody opens the door, so the bailiffs leave in the mailbox a demand to come to their department with a copy of the work book and documents on the payment of alimony. Otherwise, administrative liability threatens.

- It is necessary that the debtor at least come to us, bring receipts. Maybe he paid his ex-wife something in cash, maybe he got sick or lost his job - anything can happen, but the debt is growing every month, - comments Tatyana Adrova.

WAIT IN AMBUSH

We are now going to Vladimir Olegovich - an alimony with a decent debt of 197 thousand rubles. The door was opened by his former stepfather, he said that he did not know where his stepson lives - his mother had long since moved to St. Petersburg. However, at the end he said that he saw a guy working in a store nearby - at least some kind of lead.

“If we can’t find a person in any way, we put him on the wanted list. We have separate bailiffs who deal with this,” says Tatyana Adrova. - They use the databases of the traffic police, the Ministry of Internal Affairs and even social networks. It happens that they play whole performances, asking for a meeting.

“There was a case when he was on guard for a month, he was practically in ambush,” says Yuri Chistikin, while we are driving to another address. - They gave a tip that the man lives with his brother. He denied everything. But the neighbors confirmed. I had to wait at the entrance. He came out, detained, drew up a protocol for evading the payment of alimony, the case was referred to the court.

Malicious evasion or non-malicious, the judge decides, he also determines the amount of the fine or other punishment, such as compulsory work. In general, evasion is considered when a person does not pay alimony for more than two months.

- And most recently, the alimony was tracked down by the ex-wife. Found out that he lives with a cohabitant. Having promised something to him, the woman made an appointment so that he would be at home and open the door, well, we all showed up, - Tatyana Adrova says already.

BETTER NOT HIDE

The debtor from Rechnaya Street was not at home either. And the place of residence of another alimony was at least confirmed by a neighbor. Yuri Chistikin already easily determines whether there is someone behind the closed door or not. And if there is, they will definitely open Chistikina. Drumming on the door, I must admit, notably.

In the hostel on Pionerskaya, too, the debtors were not found. One has already been removed from the register, a distant relative lives in the room of the other, who does not know anything about the unfortunate father, except that he moved to Belgorod. However, he promised to find out his phone number and address. If this succeeds, enforcement proceedings will be sent there.

During the day of the raid, bailiffs check about 20 debtors, one or two are caught on the spot. This is the main task of the raid - bit by bit to collect information about their whereabouts.

“It’s better for alimony workers not to hide, there’s no point,” Chistikin is sure. “The point here is not the fine, but the very fact of violating the law. In a good job, this is useless - who needs an administrative article?

There are in the database of bailiffs both women-alimons, and parents who divided the children and exact alimony from each other.

- The most interesting case in my practice was with a gigolo: he was married seven times and had a child from each marriage. He does not live with anyone, but all seven ex-wives want to collect alimony from him, - Yuri Viktorovich laughs. “So tell me: what were they thinking when they married him?”

EFFECT OF ARREST

At the last address, finally, good luck. The debt of Alexander Vladimirovich N., born in 1986, is more than 300 thousand rubles, and he ended up at home. The door to the communal apartment is opened by a neighbor, then a guy comes out, followed by a dog running out of the room barking.

Why don't you pay child support?

How can you not pay? Accounting translates.

It turned out that the bailiffs had already blocked Alexander's salary card, he immediately came to them and brought a certificate from the place of work. A resolution was sent there to collect from the debtor not only a quarter of the salary for the maintenance of the child, but also another quarter - to pay off the debt. Now he will be able to get rid of the debt, probably just in time for the child to come of age. So, until then, the debt will remain with him.

- If we do not know the debtor's place of work, we make inquiries to banks to find out which accounts are opened in his name, seize them and write off funds. Alimony workers then immediately come running to us, - says Tatyana Adrova.

The bailiffs also request information from the Pension Fund, the tax office - this also gives an idea of ​​​​the available income. If a person is an individual entrepreneur or works unofficially, his alimony debt is calculated based on the subsistence minimum for a child (about 11 thousand rubles per month) or on the basis of the average salary in the country (about 38 thousand rubles per month). So for some hiding alimony, this option will come out even more expensive.

We are talking about the so-called raids "Road bailiff"

The prosecutor's offices of most constituent entities of the Russian Federation have long banned joint raids by traffic police inspectors and bailiffs, during which motorists are stopped on the road, punched through the debt base, collect debts and even take away cars.

How does a raid like this happen? The scheme of work is simple. The hardware-software complex (HSC) "Road bailiff" automatically checks the license plates of passing cars in conjunction with data about their owners according to the databases of the tax inspection of the bailiff service in automatic mode using the Potok system. If the APC works -> the bailiff notifies the traffic police officer -> the inspector stops the driver -> checks the documents -> asks to approach the car of the bailiffs.

MOST FUNNY:

1) No one immediately informs you that you have become a participant in the action: P, that now you will be checked for debts using the database of the Bailiffs Service. You are simply "asked" to show documents.
2) Verification is carried out, as a rule, without your permission to do so.

And now we will analyze the situation in more detail, resorting to the articles of the laws of the Russian Federation.

ILLEGAL for traffic police:

As for the traffic police, they generally cannot stop you on the road without a reason established by the Administrative Regulations.

The administrative regulations of the Ministry of Internal Affairs of the Russian Federation (hereinafter referred to as the Ministry of Internal Affairs of the Russian Federation) regulate the actions of road service employees. These actions should be designed for:

1. Supervision of compliance by road users with requirements in the field of ensuring road safety (quote from the Order of the Ministry of Internal Affairs of the Russian Federation dated March 2, 2009 "No. 185").

2. Paragraph 63 of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation clearly describes all cases in which a traffic police officer can stop a car driver.

None of the listed options is the basis for checking the debt obligations of the driver before the court on the road.

As well as joint raids with bailiffs, as well as with firefighters, plumbers and other services, these regulations are not prescribed.
3. Traffic police officers do not have the right to transfer your documents to third parties

According to paragraph 67 of the Regulations, a traffic patrol officer is obliged to state the reason for the stop. And if the purpose of the stop is to check the driver for debts, then he should be notified about this, which does not happen.

ILLEGAL for Bailiffs:

Clause 1 of Article 24 of the Federal Law “On Enforcement Proceedings” says that the bailiff, before conducting an inventory of property, is obliged to notify the debtor of the future arrival. And during the inventory or seizure of property witnesses must be present, independent (traffic police officers cannot be witnesses in a particular case), at least two (Article 59 of the Federal Law “On Enforcement Proceedings”).

Important: Article 33 of this law also says that bailiffs have the right to conduct an inventory of property not only at the place of residence of the debtor, but also at the location of the property. And this allegedly gives them the right to take away your property just on the road. Based on this, bailiffs and the traffic police carry out such actions. And there is already one “but”:

In order for the bailiff to conduct an inventory of your property without your permission, he needs a special court decision on the invasion of private property, the so-called warrant. Only with him can a bailiff force you to give up your property on account of a debt. In addition, the decision of the court must indicate the place of such actions. And do not forget, only with the participation of independent witnesses.

According to the Federal Law “On Enforcement Proceedings”, there is a sequence established by law for the recovery of the debtor’s property:

1. turn: cash in rubles, in foreign currency.


2. turn: movable property (household appliances, car, etc.).


3. turn: real estate.

You have the right to refuse the employees of the Bailiffs Service if they do not have a court decision to enforce the recovery of property. And if you are officially working, bailiffs are required to start deducting from wages, and not to conduct an inventory of property on the road.

HOW TO BELIEVE IN SUCH RAIDS

1. If a traffic police officer stops you, before asking for documents, he is obliged to tell you the reason for the stop. Vehicles stop to check documents only at stationary traffic police posts. If the reason does not correspond to legal grounds, this is the topic of another article. Let's stop on the fact that you showed a driver's license.

2. If you were checked on the basis of the Bailiff Service and it turned out that you are a debtor, this does not mean that you must give all your money and property, because you were found.

3. When meeting with a bailiff on the basis of Article 69 of the Federal Law “On Enforcement Proceedings”, require evidence of your receipt of a decision to initiate enforcement proceedings. Right on the spot, the bailiff can take the necessary measures to “knock out” the debt only if it is proved that you received the decision a month ago, but did not pay the fine.

4. If the bailiffs decide to draw up a protocol - no problem. They, having drawn up a protocol, are obliged to provide it to you for review:

• in the column: “understood” - write that they are absent, if they are not. Write in such a way that it is impossible to enter anything later;


• in the column where the participant writes his comments, describe the situation: you were stopped on the road (stopped by a traffic police officer without a legal reason for stopping), you were not provided with documents on the basis of which an inventory of property was to be carried out. In your notes, use all the information that you know.

5. According to Article 30 of the Federal Law “On Enforcement Proceedings”, the bailiff, having printed out the decision to initiate enforcement proceedings on the spot, must set a deadline for voluntary payment of a fine, which cannot exceed five days. You have at least one day to pay the fine voluntarily.

6. Article 33 of the Federal Law “On Enforcement Proceedings” provides that enforcement actions against citizens are carried out by a bailiff at the place of residence of the debtor, his place of work or the location of his property. Bailiffs believe that the location of the debtor's property is the place where he himself is: in a car, bathhouse or restaurant. However, in such cases, the debtor, as a rule, has with him only things that cannot be withdrawn.

7. According to the list given in Article 446 of the Code of Civil Procedure of the Russian Federation, foreclosure cannot be levied on property owned by the debtor citizen on the basis of ownership, such as: personal items (clothes, shoes, etc.), with the exception of jewelry and other items luxury. This means that collection cannot be directed, in particular, to a mobile phone (which, contrary to the law, happens quite often!), because it has long been a thing of individual use.

8. According to Article 69 of the Federal Law “On Enforcement Proceedings”, enforcement documents are levied primarily on the debtor's funds in rubles and foreign currency. And the cash found from the debtor is confiscated. At the same time (which is extremely important!) the law does not provide for a search of the debtor in order to find money. Money can be taken from him only if he laid it out voluntarily.

9. Each debtor should have only a district bailiff. After all, it was to him (at your place of residence) that the traffic police sent a document on the initiation of enforcement proceedings. If there were no such norm in the law, bailiffs could stop you in any district of the city.

10. With a debt of 300 (500, 1 thousand and even 10 thousand) rubles, the bailiff does not have the right to take away the car, because the cost of the seized items must be commensurate with the amount of the debt. Use Article 61 of the Federal Law “On Enforcement Proceedings”: to determine the value of property, require the appointment of a specialist.

11. On a holiday or weekend, and also after ten o'clock in the evening, you can safely send the bailiff to a well-deserved rest: Article 35 of the Federal Law "On Enforcement Proceedings" states that enforcement actions are performed on working days from 6 o'clock to 22 o'clock local time .

12. You must conduct a conversation with confidence. Never agree to have your property taken from you. Remember that any action of the bailiff, as well as any document issued by him, can be appealed in court.

Bailiffs try to visit the debtor at a time when he is more likely to be at home - in the early morning or late evening. With the bailiff, the “defenders” - employees of the FSSP rapid response group - must go to the raid.

Today the raid began with a visit to non-payers for housing and communal services in house number 17 on Zakiev Street. The clock says 6:30 am. In the first apartment, no one opened the door to the bailiffs.

The representative of the management company told the story of the debtor. This woman is suing public utilities - she regularly submits lawsuits.

“He does not pay for his apartment. Hiding from the bailiffs, and from us. Her sewerage is blocked, the electricity is turned off, but, nevertheless, she does not pay and does not want to pay, ”said a representative of the Zhilischnik-4 management company.

It is not known whether the woman was in the apartment at the time of the bailiffs' visit - according to the law, the debtor has the right not to open the door. The neighbors of the defaulter did not open either. The bailiff left the summons at the door.

“A different spectrum of debtors – from the poor to the wealthy. Someone claims that they did not know about the debt. Someone says that there was no time and money. Someone is trying to pay the debt immediately after he found out that he has a debt, and the bailiff initiated proceedings - they come to us directly for a receipt, ”said Victoria Galimova, bailiff-executor of the Soviet district department of bailiffs.

Debtors in the Soviet district are different - someone has a debt of 50 thousand rubles, some have up to 300 thousand. In total, about 5 million rubles of debts are collected for two sites, about 4 thousand production facilities are being executed.

At the same time, according to Zhilischnik-4 Management Company, residents of the Azino-1 microdistrict owe about 40 million rubles, and the 5 million that are in production in two areas is only a small part of the total debt.

The next point is house number 10 along the Mamadyshsky tract. Here the bailiffs again failed - the debtor did not open the door. But an elderly neighbor opened it.

“How you tortured us all! You are not the first! I don't know how you can catch him - unless you put up a tent. I don't know, I don't follow him. I haven't seen him lately. He comes here sometimes. Almost every week they go to them,” the elderly woman complained.

Representatives of the Criminal Code said that this debtor also regularly appears in courts, but only to report that minor children live in his apartment, who by law cannot be turned off utilities. By the way, this is another trick from debtors.

If the bailiffs are lucky and the debtor opens the door, he will be offered to pay the debt. Refusal will launch a new procedure - the seizure of property. But in this case, not everything is so simple - you can not arrest everything. For example, if there is only one refrigerator in the apartment, then it will most likely remain with the owner. It is useless to arrest old things - they cannot be sold, which means they will hang on the balance sheet as a dead weight.

The bailiffs, contrary to the ideas of some, do not frantically pull everything out of the debtor's apartment - they only describe the seized property and leave it for storage to the owner, and only after that, if the debt is not paid, they will withdraw it. The debtor can either redeem his property or pay the debt.

In one of the apartments of house No. 12 on Fayzi Street, a woman opened the door for the bailiffs, the bailiffs went inside. The husband of the hostess said that they are trying to pay off the debt, but the small salary does not allow them to do it right away.

“My salary is small, I try to pay, but I can’t give my entire salary - what will I live on? The wife works for a private trader, she also receives a little. I broke my spine, lay, did not work, so the debt accumulated, ”the man shared.

There was nothing to arrest in this apartment. An employee of the Criminal Code drew attention to the fact that the light to the debtors was turned off some time ago, but he was in the apartment. Utilities promised to stop the illegal use of electricity. At the same time, representatives of the Criminal Code recommended that the debtor apply to them for debt restructuring and registration of a possible installment plan.

“We are limited by the fact that we can only suspend or limit the receipt of public services by the debtor. These are the only legal methods of dealing with debtors on the basis of a judicial act. The board of shame, public censure is now considered by law enforcement agencies as a violation of the rights of citizens, since personal data is transmitted, so at the moment we do not use it, ”said Evgenia Afanasyeva, head of the legal department of Zhilishchnik-4 Management Company.

The next two apartments of the debtors were located in the former hostel No. 36 on Mamadyshsky Trakt. From behind one door, a female voice answered the bailiffs that the hostess was at work. The bailiffs left a summons here as well.

The door of another apartment was opened by a man who introduced himself as the owner's brother. He said that he had recently come to visit from the village. His sister, he said, was at work, and her child was sleeping in the apartment.

According to the organizers, after such raids, defaulters often become more active and begin to pay their debts. Conduct raids weekly.

Bailiff raids are one of the most effective tools for working with debtors. Not all debtors are ready to voluntarily repay debts and interact with bailiffs. Quite often there are situations when bailiffs come to the debtor's home, but he simply does not open the door. Sometimes it is problematic even to hand over to the non-payer the decision to initiate enforcement proceedings, and this prevents bailiffs from using coercive measures. How to find the debtor and make him talk to the bailiffs?

This task is solved by the raids carried out by bailiffs to search for debtors. Raids can be carried out either by the bailiffs themselves, or with the participation of the traffic police and the tax service. And in those and in other cases, a special software package "Road bailiff" helps in finding debtors.

How does the "Road Bailiff" work?

The program is based on license plate recognition technology. Before the start of the raid, the database of debtors is loaded into the program installed on the bailiffs' laptop. The software package includes a video camera. It scans the license plates of passing cars and recognizes them. If the car is listed as a debtor, the program gives a signal and displays information about the debt on the screen. The traffic police inspector stops the car, and the bailiff gets the opportunity to talk with the debtor. Right on the spot, you can remind him of his debts and hand over receipts for payment, accept payment of a debt, hand over orders for enforcement proceedings, seize property (for example, the car itself or a mobile phone), etc.

What kind of raids do bailiffs have?

1. A "traffic bailiff" can be installed at a stationary traffic police post.

In this case, regular CCTV cameras are used, already installed in the premises of the traffic police post. The picture from them is displayed on the software complex of bailiffs. The program tracks the flow of cars and identifies the numbers of cars of debtors.

2. The traffic police camera is installed on the side of the road or inside the patrol car.

By itself, the camera can read numbers at a distance of 20-30 meters. You can install it 30-50 meters from the patrol car. The camera works both in daylight and at night.

3. You can also scan license plates from a tablet computer.

This option is used if the raid is carried out by bailiffs alone without the participation of the traffic police. In this case, the bailiffs do not have legal grounds for stopping cars, so they scan the numbers of cars parked in parking lots. For example, at large shopping centers, during public events. If the program finds the debtor's car, the bailiffs simply wait for him to appear.

How effective is it?

The software package costs from 165,000 rubles (the version with a tablet) to 410,000 rubles (the version with a camera for installation at a patrol car). The manufacturer's website provides the following results of the work of the "Road Bailiff":

In Yakutsk, for 9 raids of bailiffs on the spot, 650,000 rubles were returned to the budget and 17 cars of malicious non-payers were arrested.

In Smolensk, more than 20 malicious defaulters were identified in one raid and property worth 700,000 rubles was arrested.

Almost 10 million rubles were collected in Kazan during the week of operation of the "Road bailiff" system.