Often, a person learns that traveling abroad is impossible due to debts only at the airport. Such a story happened, for example, with the editor Kirill Kharatyan. “My apartment was serviced by some LLC. It came up with a debt, quickly sued me and won the case. And when I was about to fly from Domodedovo to Italy, the bailiffs did not let me in, ”he says. Kharatyan did not lose his head, he left by train for Minsk, and from there he flew to Europe.
restrictive measure
This case is not isolated. Quarterly federal Service bailiffs(FSSP) makes more than 800,000 orders to restrict the right to travel abroad as a measure of influence on various kinds of debtors. And the total number of citizens in travel list on November 1 was 1.8 million people. Due to the restriction on travel for 11 months of this year, the debtors fully or partially repaid debts in enforcement proceedings for 56.1 billion rubles, follows from the data of the FSSP.
By law, a citizen may be restricted from leaving Russia as part of the execution of any judgment, for example, for non-payment of alimony, compensation for harm, credit debt, taxes, etc. If the debtor has administrative penalties, then the Federal Tax Service, the police, the traffic police, the FIU and other departments can also issue decisions that are the basis for initiating enforcement proceedings.
Since 2013, the travel ban has been applied to those who owe more than 10,000 rubles. But from October 1st minimum size debt, with which they may not be allowed to go abroad, was increased to 30,000 rubles. The corresponding law was adopted this summer. True, the increased bar does not work for everyone: alimony debtors, as well as those who compensate for the harm caused to health, moral or property damage caused by a crime, pay for the loss of a breadwinner, will continue to be limited in travel with a debt of 10,000 rubles. For other categories of debtors, the increased threshold of the amount will be valid only for two months after the issuance of a court decision on the payment of the debt. If during this period the debt is not repaid, the threshold amount for making a decision on a temporary restriction on the departure of the debtor is returned to previous level(10,000 rubles), the FSSP explained.
The maximum limitation period is six months. True, it is extended if the debt has not been repaid.
Remove the ban
Bailiffs always send a copy of the decision to restrict travel by mail to the address indicated in writ of execution. However, it may be delayed on the way, and the addressee may move, etc. The travel ban will also be in effect without confirmation of its receipt, the representative of the FSSP explains.
So that the ban on crossing the border does not come as a surprise, the FSSP representative recommends making inquiries about debts at least two weeks before the trip. The easiest way to do this is with the help of the Data Bank service. enforcement proceedings on the service website. The verification procedure itself will take no more than a minute. The service requires you to specify the last name, first name, patronymic and date of birth - and immediately gives the result whether a case has been opened against you or not. This is where you can pay off your debt. Another fast way payment - through the portal of public services.
To remove the travel restrictions, simply paying the debt is not enough - the bailiffs and the border service should find out about the repayment. Even after the transition of departments to electronic document management From October 1, the procedure may take a week or two. The bank through which the payment went through must promptly transfer information about the repayment of the debt to the State information system on state and municipal payments (GIS) - however, the transfer time depends on the bank, the representative of the FSSP noted. “If the bank is connected to the GIS, then the transfer of information will take several hours, if not, then several days. The fastest information sent big banks”, warns the director of the evaluation department retail risks Bank TKB Sergey Tarakanov.
After the information about the payment appears in the system, the bailiff is obliged to remove the ban within 24 hours. What happens next will depend on the efficiency of the border service.
So it is still unlikely to pay off the debt in the morning and fly away in the evening on a normal day.
However, during the upcoming New Year holidays, the FSSP promises to help those who have time to pay their debts fly out. This year, during the holidays, the procedure will be the same as during the period May holidays, - manual mode: it will be necessary to arrive at the airport in advance, a few hours in advance with a receipt for paying the debt and contact the bailiffs on duty - in this case, the opportunity to fly away appears, the representative of the FSSP promises and clarifies: the bailiffs will be on duty in large international airports. True, the period of validity of the manual mode and the list of airports in the FSSP were not specified.
Workarounds
An erroneous entry into a restricted travel base can be appealed to a higher bailiff (he is given 10 days to respond) or in court, says Vladimir Starinsky, managing partner of the Starinsky, Korchago and Partners bar association.
Often, a person learns that traveling abroad is impossible due to debts only at the airport. Such a story happened, for example, with the editor Kirill Kharatyan. “My apartment was serviced by some LLC. It came up with a debt, quickly sued me and won the case. And when I was about to fly from Domodedovo to Italy, the bailiffs did not let me in, ”he says. Kharatyan did not lose his head, he left by train for Minsk, and from there he flew to Europe.
restrictive measure
This case is not isolated. Every quarter, the Federal Bailiff Service (FSSP) issues more than 800,000 orders to restrict the right to travel abroad as a measure of influence on various kinds of debtors. And the total number of citizens on the travel ban as of November 1 was 1.8 million people. Due to the restriction on travel for 11 months of this year, the debtors fully or partially repaid debts in enforcement proceedings for 56.1 billion rubles, follows from the data of the FSSP.
By law, a citizen may be restricted from leaving Russia as part of the execution of any court decision, for example, on non-payment of alimony, compensation for harm, credit debt, taxes, and so on. If the debtor has administrative penalties, then the Federal Tax Service, police, traffic police, FIU and other departments can also issue decisions that are the basis for initiating enforcement proceedings.
Since 2013, the travel ban has been applied to those who owe more than 10,000 rubles. But from October 1, the minimum amount of debt with which they may not be allowed to go abroad was increased to 30,000 rubles. The corresponding law was adopted this summer. True, the increased bar does not work for everyone: alimony debtors, as well as those who compensate for the harm caused to health, moral or property damage caused by a crime, pay for the loss of a breadwinner, will continue to be limited in travel with a debt of 10,000 rubles. For other categories of debtors, the increased threshold of the amount will be valid only for two months after the issuance of a court decision on the payment of the debt. If the debt is not repaid within this period, the threshold amount for making a decision on a temporary restriction on the debtor's departure returns to the previous level (10,000 rubles), the FSSP explained.
The maximum limitation period is six months. True, it is extended if the debt has not been repaid.
Remove the ban
Bailiffs always send a copy of the decision to restrict travel by mail to the address indicated on the writ of execution. However, it may be delayed on the way, and the addressee may move, etc. The travel ban will also be in effect without confirmation of its receipt, the representative of the FSSP explains.
So that the ban on crossing the border does not come as a surprise, the FSSP representative recommends making inquiries about debts at least two weeks before the trip. The easiest way to do this is with the help of the “Data Bank of Enforcement Proceedings” service on the website of the service. The verification procedure itself will take no more than a minute. The service requires you to specify the last name, first name, patronymic and date of birth - and immediately gives the result whether a case has been opened against you or not. This is where you can pay off your debt. Another quick way to pay is through the public services portal.
To remove the travel restrictions, simply paying the debt is not enough - the bailiffs and the border service should find out about the repayment. Even after the transition of departments to electronic document management from October 1, the procedure may take a week or two. The bank through which the payment went through must promptly transfer information about the repayment of the debt to the State Information System on State and Municipal Payments (GIS) - however, the transfer time depends on the bank, the representative of the FSSP noted. “If the bank is connected to the GIS, then the transfer of information will take several hours, if not, then several days. The fastest way to send information is by large banks,” warns the director of the retail risk assessment department at TKB Bank Sergey Tarakanov.
After the information about the payment appears in the system, the bailiff is obliged to remove the ban within 24 hours. What happens next will depend on the efficiency of the border service.
So it is still unlikely to pay off the debt in the morning and fly away in the evening on a normal day.
However, during the upcoming New Year holidays, the FSSP promises to help those who have time to pay their debts fly out. This year, during the holidays, the procedure will be the same as during the May holidays - manual mode: it will be necessary to arrive at the airport in advance, a few hours in advance with a receipt for paying the debt and contact the bailiffs on duty - in this case, the opportunity to fly away appears, the representative promises FSSP and clarifies: bailiffs will be on duty at major international airports. True, the period of validity of the manual mode and the list of airports in the FSSP were not specified.
Workarounds
An erroneous entry into a restricted base can be appealed against with a higher bailiff (he is given 10 days to answer) or in court, says Vladimir Starinsky, managing partner of the Starinsky, Korchago and Partners Bar Association.
You can also try to postpone the travel restriction if there is a serious reason, notes the chairman of the board of directors of the Olevinsky, Buyukyan and Partners legal bureau Eduard Olevinsky, - first of all, this is the need to travel abroad for work in order to pay off the debt, treatment abroad, if impossible to get in Russia. But the presence of close relatives abroad, according to him, is unlikely to be the basis for a delay.
Citizens who have learned that they have become restricted to travel abroad, at the last moment or who have big debts, often use bypass routes for exit - through states with loyal conditions for passing border control, for example, Belarus and Kazakhstan.
An entrepreneur from Moscow told Vedomosti that for several years now he has been regularly visiting business partners in China via Minsk. He has to make a circle because of a debt of 2 million rubles, which, according to him, was unfairly accrued to him by the court. They considered that he illegally spent these company funds on travel expenses for business trips abroad.
But even on the borders with these loyal countries, the debtor's documents can be checked.
In the Moscow region, an action of bailiffs "In New Year- no debt! Before one of the main holidays, bailiffs will intensify work in all areas, and will also explain to citizens how to find out about the debt and pay it off thanks to the Internet resource "Data Bank of Enforcement Proceedings". As part of the campaign, it is planned to widely use social advertising, conduct joint raids, flash mobs with representatives of related departments, organize festive charity events for children in children's institutions.
From the beginning to the end of December, pre-New Year social advertising will remind the residents of the region that it is a good sign to celebrate the New Year without debts. Videos of the service are placed in multifunctional centers, on the websites of state authorities. A flash mob of bailiffs' action "In the New Year - without debts" was also launched, which was actively supported by residents of the Moscow region, employees tax office, traffic police, pension fund, Ministry of Emergency Situations, as well as representatives public organizations, educational institutions, youth parliaments.
From 10 to 16 December all structural units The departments, together with representatives of related departments, will hold field events under the slogan "Pay on the way." Bailiffs will be on duty on the busy highways of the Moscow region and at large shopping centers where people come for New Year's gifts, using the corresponding hardware and software complex. Road bailiff"and the online application "Mobile Search". During the events, enforcement proceedings for the recovery of alimony, taxes, fines, housing and communal services and others will be worked out.
From 17 to 23, the action "Christmas Tree Alimony" will begin, during which the bailiffs of the Moscow Region will go on raids to the addresses of unscrupulous parents every day. Representatives of religious denominations will help to fight those who do not pay alimony, who will talk with "deviators" on the days of the reception. In addition, charity events will be held during the action for children from orphanages and boarding schools, who need care and participation more than anyone else.
Also, on the eve of the New Year holidays, on December 26, 2018, the bailiffs of the Moscow region will take an active part in the All-Russian information campaign "Know your debts", within which employees of the Federal Bailiff Service of Russia in the Moscow Region will go to crowded places in order to popularize the electronic and online services of the service . At airports, train stations, multifunctional and shopping centers, bailiffs will tell and show people how, having Internet access, you can quickly, conveniently and reliably find out about the presence or absence of debts, if any, pay them using online services or portable terminals by cashless Money. On this day, Ded Moroz and Snegurochka will join the employees in uniform, who will help everyone to install as a gift on a phone or tablet free app, which will continue to monitor and report if debts appear.
The purpose of the action "In the New Year - without debts!" – reduce the number of debtors in our region, as well as explain to citizens that you can find out about debt and pay it off thanks to the Internet resource “Data Bank of Enforcement Proceedings” and with the help of mobile application"FSSP".
In the photo: the first participants of the launched flash mob