Starting from the summer of 2013, so-called “actions” on the roads with the participation of State Inspectorate for Road Safety (traffic police) and bailiffs . The essence of the action is that the employees of these civil services at their discretion can conduct roadside raids by checking drivers for debts in enforcement proceedings. Property may be taken from you if you are not, you have unpaid alimony or.
Similar raids have already taken place in Moscow, Krasnoyarsk, Nizhnekamsk, Berdsk and some other cities in the country.
The raid goes like this:
- Firstly, no one immediately informs you that you have become a participant in the action, that now you will be checked for debts using the database of the Bailiffs Service. You are simply asked to present documents.
- Verification is carried out, as a rule, without your permission to do so.
- Both the bailiff and the traffic police officer are always present during the check.
- Description of the property, including mobile phone, tape recorder, tablet and even a car can be carried out simply on the road, and without witnesses.
The legality of the inventory of property on the roads
The first and main evaluation of such actions traffic police and bailiffs – IT IS ILLEGAL.
And now we will analyze the situation in more detail, resorting to the Russian Federation.
Illegal for traffic police
Administrative Regulations of the Ministry of the Interior Russian Federation (Further Ministry of Internal Affairs of the Russian Federation), regulates the actions of employees of the road services. These actions should be designed for:
supervision of compliance by road users with requirements in the field of road safety (quote from the Order of the Ministry of Internal Affairs of the Russian Federation dated March 2, 2009 No. 185).
In point 63 of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation clearly describes all the cases in which a traffic police officer can stop the driver of the car. None of the listed options is the basis for checking the debt obligations of the driver before the court on the road.
According to paragraph 67 of the Regulations, a traffic patrol officer is required 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
Paragraph 1 article 24 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 traffic police carry out such activities. 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 intrusion into 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.
Note! According to Federal Law “On Enforcement Proceedings”, There is a statutory order of collection of the debtor's property:
1 turn: cash in rubles, in foreign currency.
2 turn: movable property (household appliances, car, etc.).
Stage 3: real estate.
You have the right to refuse employees Bailiff Services if they do not have a court decision on the forced collection 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.
As for employees traffic police, they generally cannot stop you on the road without a reason established by the Administrative Regulations.
How to behave 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. 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. You must demand that you be provided with a court decision, which, precisely according to your duty, allows the bailiff to seize your property at the place of his stay. Of course, they will not have such a document.
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: “witnesses” - write that they are absent, if they are not. Write in such a way that later it would be impossible to enter anything anywhere;
- 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. You must conduct a conversation with confidence. Never agree to have your property taken from you. If the conversation drags on, call the traffic police trust service (the inspector is obliged to provide you with a number), and also call the police.
Bailiff raids are one of the most effective tools work 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 the bailiffs from using coercive measures penalties. 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 tax service. And in those and other cases, a special software package " Road bailiff».
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, bailiffs do not have legal grounds to stop cars, so they scan the license plates of cars 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.
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 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 them in the department with a copy work book and supporting documents. 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 got 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 it 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. Door in communal apartment the neighbor opens, 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 salary card Alexandra, 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.
Bailiffs also request information from pension fund, tax office This also gives an idea of the available income. If the person individual entrepreneur or works unofficially, his maintenance debt is calculated based on living wage per child (about 11 thousand rubles per month) or from average salary across the country (approximately 38 thousand rubles per month). So for some hiding alimony, this option will come out even more expensive.
A raid was launched in Moscow, during which employees Federal Service bailiffs (FSSP), together with traffic police officers, stop random cars and check drivers for debts. At the same time, cars will be confiscated from system defaulters. Life will tell you how not to lose your car due to debts and what to do if the car is still confiscated.
They can pick up a car on account of a debt for non-payments for various offenses: traffic police fines, alimony, housing and communal services debts, delinquency on loans and more. It would seem, why be afraid, because they seize a car only from malicious violators? But it is quite easy to become such a violator: it is enough to receive over two dozen fines and not pay them. Formally, citizens with a debt of more than 20,000 rubles are transferred to the "malicious" format. However, timely payment, as practice shows, does not always guarantee protection due to a flurry of problems with updating bailiffs' database of debtors.
You can confiscate a car only by a court decision, for which the bailiffs need to start enforcement proceedings. The debtor is notified of the start of this process by mail, but the letter does not always find the addressee: a person may, for example, not live at the place of registration. Yes, and letters can be stolen from the box. In this case, the debtor may not even know what threatens him.
The bailiff must present a copy or original writ of execution- a document by which the debtor is notified of overdue debts. Here, much depends on the statute of limitations - 5 days are usually given to pay debts. If this period has already passed, then the bailiff will offer to pay off the amount of the debt immediately. If the citizen refuses, only then can his property be confiscated. At the same time, not only the car can be confiscated, but also its parts - the radio, acoustics and even the spare wheel. There is also a great risk of losing your mobile phone, watches and jewelry.
If there was no notification, the FSSP employees do not have the right to seize the car, says Leonid Olshansky, vice president of the Russian Motorists Movement.
If the bailiff indicates that the citizen is a debtor, he must notify him of this, and then open enforcement proceedings. A citizen can say that he knows nothing about his debt. In the presence of judgment about the recovery of the amount of debt from the debtor, one can refer to the fact that the owner of the car did not receive notifications and, therefore, did not know about it. So he has no obligations. You need to defend your position. If it doesn’t work out on the road, then in court, Olshansky advises.
Sometimes debtors lay a straw in advance, registering the car to a third party. This car cannot be removed. In fact, this is a loophole for malicious defaulters, which will help not to be left without personal transport. There are a number of cases when a car cannot be seized from a debtor for certain reasons. So, if a citizen needs vehicle due to disability, the bailiffs will not be able to confiscate it. Also, a car cannot be taken away if for a person it is the only means of earning.
When a car serves as the only means of legal income, it cannot be seized. If a person works as a driver (taxi driver) in his own car and can prove it, the car will not be confiscated from him, Viktor Travin said.
Formally, force majeure circumstances such as the birth of a wife or the need for a doctor to rush to the operating room will not be a reason to refuse confiscations for bailiffs.
In the event of force majeure, it is likely that the bailiff will meet halfway and release the debtor. But, as a rule, where the bailiff has the opportunity to seize property on account of debts, he will not care about the pregnant woman in the car, the fact that the driver is late, and other problems of the debtor, he needs to work, ”explains the president of the Collegium for the Legal Protection of Car Owners Victor Travin.
There are in the arsenal of bailiffs and more humane measures to combat non-payers. So, a car can be seized and, by decision of the bailiff, it can be sent to a special parking lot or transferred to responsible storage owner. In the latter case, the car can be driven, but it cannot be sold or donated. The same goal is pursued by another measure of punishment - a ban on registration actions. In this case, the car is entered into the traffic police database and such a car cannot be deregistered or registered. It is supposed that this makes it impossible to sell the car, but many scammers manage to use it.
Muscovite Alexander K. told Life about a similar problem. He bought a car from a friend, not knowing that he had an unpaid loan and several overdue fines for traffic violations. The comrades wrote the contract of sale by hand, while the seller dissuaded Alexander from registering the car with the traffic police. Six months after the transaction, the buyer, using the Internet service, found out that a ban on registration actions. Alexander was forced to give up traveling by car and filed a lawsuit against his former comrade. Moreover, the seller himself claims that he did not know anything about the imposed ban. IN this moment the court has not yet made a decision.
Indeed, it happens that a person who sells a car may not even know that there is a restriction on the car. The buyer goes to the traffic police to register the car, receives a refusal there and then tries to terminate the transaction in court and get the money back. But it is difficult enough to do so. In my practice, there was a case when a person sold a car, and a year later the bailiffs imposed a restriction on this car, using the old data. However, it suffered new owner auto - now he will have to prove that he honestly bought a car and is not in collusion with the debtor, - says car lawyer Sergei Radko.
If confiscation cannot be avoided, you can still return the car. On the spot, the bailiff roughly determines the cost of the car, while the final price of the seized car is determined by the expert. The car is then put up for auction. Before the car is bought, it belongs to the previous owner. Thus, having paid the debts, the car can be returned through the court, while it has not yet changed its owner. But for this you have to pay costs, such as storage. You can also apply to the court for a deferred payment. In this case, the implementation will be suspended, but you still have to pay for parking.
Bailiffs organize compensation by selling the car at an open auction. But, as practice shows, it is extremely difficult to become a participant in these auctions: there are a number of companies that regularly purchase seized cars at a price below the market price, and then resell them, - says Sergey Radko.
