Powers of the FBS
Federal Bailiffs’ Service (FBS of the Russian Federation) is a federal body of executive power.
The main tasks of the FBS of the Russian Federation are:
1) ensuring the established order of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, the courts of general jurisdiction and arbitration courts;
2) organization of compulsory execution of judicial acts of courts of general jurisdiction and arbitration courts, as well as acts of other bodies, stipulated by the legislation of the Russian Federation on enforcement proceedings;
3) management of the territorial bodies of the FBS of the Russian Federation.
The FBS of the Russian Federation carries out its activities directly and (or) through the territorial bodies that are located in every region of the Russian Federation.
The FBS of the Russian Federation is headed by the director of the Federal Bailiffs’ Service – chief bailiff of the Russian Federation, appointed and dismissed by the President of the Russian Federation.
The director is personally responsible for realization of powers imposed on the FBS of the Russian Federation.
In Russia the bailiffs carry out not only the compulsory execution of judicial acts in civil (family) cases, but also in other types of cases, as well as acts of other bodies. They include cases on administrative offences. It is judicial and non-judicial acts on recovery of administrative fines, on administrative suspension of the debtor’s activity, on confiscation of the instrument or subject of administrative offense.
In January 2012 the bailiffs began to execute the function on administrative expulsion of a foreign citizen or stateless person from the Russian Federation, and since April 2013 – the enforcement of administrative penalties imposed in the form of compulsory works.
Also the bailiffs carry out the enforcement of acts on cases of recovery of arrears on taxes and duties.
The execution of some sentences in criminal cases is also carried out by the Federal Bailiffs’ Service, but here we are talking only about the confiscation and also the recovery of fine imposed as a punishment for a crime.
Since 2014 the employees of the Federal Bailiffs’ Service have been also carrying out the enforcement of judicial acts on the return of a child wrongfully removed or retained in the Russian Federation. This is those court decisions that are taken in accordance with the Hague Convention on the Civil Aspects of International Child Abduction of 1980.
For timely, full and proper execution of requirements of enforcement documents the bailiffs are endowed with a fairly wide range of powers, including the restriction of debtor’s rights both proprietary and non-proprietary. In particular, they have the right to seize the debtor's assets, to confiscate it and entrust to the custody, to use the services of professional experts for the evaluation of arrested property, to transfer the property of evaluation into a specialized organization for its sale, to restrict the debtor’s right to travel outside of the Russian Federation and the right to drive vehicles.
The Service along with the compulsory execution of jurisdictional acts ensures the established order of the activity of the Constitutional Court of the Russian Federation, courts of general jurisdiction and arbitration courts.
This function includes the ensuring of safety of judges, jurors and other participants of judicial process, the protection of buildings and premises of courts, the bringing of persons avoiding to appear in court and bailiff.
Moreover, in October 2011 the employees of the Service were granted the right to carry out the bringings not only persons avoiding to appear in court in civil and criminal cases, but also in cases of administrative offenses.
The bailiffs, ensuring the established order of courts’ activity, are endowed with a fairly wide powers. In particular, they have the right to inspect the documents, to carry out the personal inspection of citizens in court premises and citizens exposed to the bringing in court or bailiff, the right to use physical force and special means, the right to apply and use weapons.
In 2012 the bailiffs were obliged to assist the police officers in the search and detention of persons, hiding from the bodies of investigation and trial. It plays an important role in ensuring the established by the law limits for pre-trial investigation and consideration of cases in courts.
In addition to above-mentioned functions the employees of the Federal Bailiffs’ Service prevent, detect, suppress and investigate criminal offenses. Earlier the Service produced the inquiry only on five, but now – on seven components of crimes under the Criminal Code of the Russian Federation. This is primarily crimes against justice. In particular, the willful evasion of execution of judicial act, the willful evasion of payment of credit debt, the willful evasion of payment according to the court decision means for the maintenance of children and other components of crimes.
From January 2012 the bailiffs began to carry out the search of debtor-citizen, citizen-defendant in a civil case, and also child on the enforcement documents containing the requirement to remove the child.
Earlier the competence of the Service included only the search of debtor's property and the search of debtor-organization.
In 2014 the Federal law, which provides the new kind of search activity – the executive search in the framework of enforcement proceedings, came into the force.
Nowadays in the State Duma of the Russian Federation there is under the consideration the bill, which provisions include the possibility to restrict of debtor’s right to drive a vehicle.
In its activity the FBS of Russia actively uses the modern information technologies. They allow to improve the efficiency of activity of the Service, to make the work of enforcement authority transparent, accessible for citizens and organizations.
First of all, there was created the unified automated information system. All territorial bodies of the Federal Bailiffs’ Service are connected to this system. It allowed to expand the list of services that can be remotely used by citizens and organizations.
On the basis of such system there is created the Databank of enforcement cases.
Its creation and maintenance is provided at the legislative level. In 2011 the Federal Law «On enforcement proceedings» was amended accordingly.
The Databank of enforcement cases contains information about all enforcement documents which are on execution at Russian bailiffs. This data include information about the debtor, the enforcement document on the basis of which the enforcement case was initiated, the requirements containing in the enforcement document, name and address of bailiffs’ division where enforcement case is conducted, data on search of the debtor or his property, others.
There is the public access in the online mode to the Databank of enforcement cases.
Thanks to it today any person, citizen or organization, including the foreign, has the possibility to come via the Internet website of the Service and learn whether there is the debt on the enforcement document, in what bailiffs’ division it is necessary to address for obtaining the detailed information, and also to learn about debt payment methods. In particular, there is the possibility of debt repayment over the Internet using payment services.
Such approach provides the possibility of transnational access to information of the enforcement documents which are on compulsory execution. It can be used in the sphere of entrepreneurial activity, for instance, to check the partners on the integrity.
The users of the Databank have the possibility to subscribe on the monitoring of enforcement proceedings, which will allow to send automatically the requests to the Databank and in case of recognizing of subscriber to notify him automatically.
The formation of the Databank of enforcement cases and the creation of unified automated information system have allowed to create the prerequisites for organization of electronic document management with the parties of enforcement proceedings, accounting and registration authorities.