III. Organization of security of buildings, premises of courts, security of judges, jurors and other participants in the trial

AT judicial practice there are times when one of the interested parties (the plaintiff or the defendant) does not come to court hearings. In such situations, the case may be adjourned, or the court may issue a judgment in absentia.

But when considering criminal cases, the presence of the accused or an important witness is necessary. In these cases bailiffs by decision of a judge or prosecutor, a citizen is forcibly brought to the courtroom.

The forced drive procedure is regulated by the Order of the Ministry of Justice of Russia of July 13, 2016 N 164 “On approval of the Procedure for the implementation of the drive by bailiffs to ensure established order activities of the courts.

The text of the order is shown below:

On approval of the procedure for the implementation of the drive by bailiffs to ensure the established procedure for the activities of courts

In order to implement the provisions of Articles 111, 113, 247 of the Criminal Code procedural code Russian Federation(Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2001, No. 52 (part 1), art. 4921; 2002, No. 22, art. 2027; 2003, No. 27 (part 1), art. 2706; 2006, No. 31 (part. 1), Article 3452; 2007, No. 24, Article 2830), Articles 27.1 and 27.15 of the Code of Administrative Offenses of the Russian Federation (Collected Legislation of the Russian Federation, 2002, No. 1 (part 1), Article 1; 2005, No. 19, Article 1752; 2007, No. 31, Article 4007; 2011, No. 29, Article 4289, No. 30 (part 1), Article 4573; 2014, No. 30 (part 1), Article 4233, No. 42, Art. 5615), Article 168 of the Civil Procedure Code of the Russian Federation (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2002, No. 46, Art. 4532; 2008, No. 24, Art. 2798), Articles 116 and 120 of the Code administrative proceedings of the Russian Federation (Collected Legislation of the Russian Federation, 2015, No. 10, Art. 1391), Federal Law No. 118-FZ of July 21, 1997 “On Bailiffs” (Collected Legislation of the Russian Federation, 1997, No. 30, Art. 3590; 2000, No. 46, item 4537; 2004, No. 27, item 2711, No. 35, item 3607; 2007, No. 10, item 1156; 2008, No. 30 (part 1), item 3588, No. 30 (part 2), article 3616, no. 52 (part 1), article 6235; 2009, no. 29, article 3631, no. 48, article 5717; 2010, no. 31, article 4182; 2011, no. 4287, No. 49 (part 5), art. 7067, No. 50, art. 7352; 2013, No. 14, art. 1657, No. 27, art. 3477, No. 52 (part 1), art. 6953 2014, No. 6, Article 558, No. 11, Article 1094, Article 1099, No. 19, Article 2331, No. 52 (part 1), Article 7552; 2015, No. 1 (part 1), 50, No. 10, Art. 1427; 2016, No. 1 (part 1), Art. 45), Federal Law No. 229-FZ of 02.10.2007 “On Enforcement Proceedings” (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2007, No. 41, Article 4849; 2008, No. 20, Article 2251; 2009, No. 1, Article 14, No. 23, Article 2761, No. 29, Article 3642, No. 39, Article 4539, Article 4540, No. 51, article 6162; 2010, No. 31, article 4182; 2011, no. 7, art. 905, no. 17, art. 2312, No. 27, Art. 3873, No. 29, art. 4287, No. 30 (part 1), art. 4573? Art. 4574, No. 48, art. 6728, No. 49 (part 1), art. 7014, Art. 7041, No. 49 (part 5), Art. 7061, Art. 7067, No. 50, Art. 7343, Art. 7347, art. 7352, art. 7357; 2012, no. 31, art. 4322, Art. 4333; 2013, no. 14, art. 1641, art. 1657, No. 30 (part 1), art. 4039, No. 51, Art. 6678, art. 6699, No. 52 (part 1), art. 6948, art. 7006; 2014, no. 11, art. 1099, no. 19, art. 2331, No. 30 (part 1), art. 4217, No. 42, art. 5615, No. 43, art. 5799, No. 52 (part 1) art. 7543; 2015, No. Yu, art. 1393, Art. 1410, Art. 1411, Art. 1427, No. 14, Art. 2022, no. 27, art. 3945, Art. 3977, Art. 4001, No. 48 (part 1), art. 6706; 2016, No. 1 (part 1), Art. 11, Art. 13, Art. 45, Art. 64, no. 11, art. 1493, No. 12, Art. 1707, No. 14, Art. 1910, No. 18, Art. 2511), Decree of the President of the Russian Federation of October 13, 2004 No. 1313 “Issues of the Ministry of Justice of the Russian Federation” (Collected Legislation of the Russian Federation, 2004, No. 42, Art. 4108; 2005, No. 44, Art. 4535, No. 52 (part 3 ), Article 5690; 2006, No. 12, Article 1284, No. 19, Article 2070, No. 23, Article 2452, No. 38, Article 3975, No. 39, Article 4039; 2007, No. 13, Article 1530, No. 20, Article 2390; 2008, No. 10 (Part 2), Article 909, No. 29 (Part 1), Article 3473, No. 43, Article 4921; 2010, No. 4, Article 368 , No. 19, item 2300; 2011, No. 21, item 2927, item 2930, No. 29, item 4420; 2012, No. 8, item 990, No. 18, item 2166, No. 22, item 2759 , No. 38, Article 5070, No. 47, Article 6459, No. 53 (part 2), Article 7866; 2013, No. 26, Article 3314, No. 49 (part 7), Article 6396, No. 52 (Part 2), Article 7137; 2014, No. 26 (Part 2), Article 3515, No. 50, Article 7054; 2015, No. 14, Art. 2108, No. 19, art. 2806, No. 37, Art. 5130; 2016, No. 1 (part 2), art. 207, Art. 211, no. 19, art. 2672), as well as improving the efficiency of Federal Service bailiffs I order:

I order the Federal Bailiff Service:

Approve the procedure for the implementation of the drive by bailiffs to ensure the established procedure for the activities of the courts.

The procedure for the implementation of the drive by bailiffs to ensure the established procedure for the activities of the courts

I. General provisions

1. Bringing a person in accordance with the provisions of Article 111, Part 1 of Article 113, Article 247 of the Code of Criminal Procedure of the Russian Federation, Articles 27.1 and 27.15 of the Code of Administrative Offenses of the Russian Federation, Part 2 of Article 168 of the Civil Procedure Code of the Russian Federation, Article 116 and Part 1 of Article 120 of the Code of Administrative Procedure of the Russian Federation, as well as part 5 of Article 24 of the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings” (hereinafter referred to as the person to be brought) is carried out by a bailiff to ensure the established procedure for the activities of courts (hereinafter referred to as bailiff for OUPDS) on the basis of a decision (determination) of a court (judge), a decision of a judicial bailiff, approved by the senior bailiff or his deputy, as well as the interrogator of the Federal Bailiff Service (hereinafter referred to as the decision (determination) on the drive and the initiator of the drive, respectively) by forcibly delivering (escorting) the person to be brought to the place of the call by the initiator of the drive.

2. Actuated as a measure procedural coercion the persons listed in part 6 of article 113 of the Code of Criminal Procedure of the Russian Federation and part 2 of article 120 of the Code of Administrative Procedure of the Russian Federation are not subject.

II. Organization of the implementation of the drive

3. The decision (determination) on the drive no later than the day following the day of its receipt in structural subdivision Federal Bailiff Service or its territorial authority, is registered by the person responsible for office work in the Register of decisions (determinations) on the drive (annex to this Procedure) and transferred to the organization timely execution the senior bailiff or his deputy responsible for organizing the provision of the established procedure for the activities of the courts (hereinafter - the deputy senior bailiff).

4. The senior bailiff or deputy senior bailiff checks the decision (determination) on the drive for the indication of data in it that allows the bailiff to establish the identity of the person to be brought (last name, first name, patronymic (if any), date and place of birth) according to the OUPDS ), the intended location, date, time and place where the person to be brought must be delivered. If the decision (determination) on the bringing of the necessary data is missing, the senior bailiff or deputy senior bailiff informs the initiator of the drive about this.

5. The senior bailiff or deputy senior bailiff instructs the execution of the decision (determination) on bringing the bailiff under the OUPDS or in necessary cases a group of bailiffs for the OUPDS and appoints a senior group of bailiffs for the OUPDS.

6. On the day of the drive, the senior bailiff or deputy senior bailiff determines and checks the equipment, equipment, special means, uniform, the presence of badges and service certificates of bailiffs for OUPDS; resolves the issue of providing bailiffs for the OUPDS with vehicles and, if necessary, with military hand-held firearms and cartridges for it; conducts briefing taking into account the peculiarities of the execution of each drive.

III. Drive implementation

7. The bailiff for the OUPDS or the senior group of bailiffs for the OUPDS, after receiving the decision (determination) on the drive, the senior bailiff or deputy senior bailiff of the briefing, proceeds to its execution.

8. The bailiff for the OUPDS or a group of bailiffs for the OUPDS go to the place indicated in the resolution (determination) on the drive.

9. The bailiff under the OUPDS has the right, when bringing a person evading to appear when summoned by a court (judge), an interrogator of the bailiff service or a bailiff, to enter the territories, premises for the purpose of detaining and forcibly delivering a person evading to appear on call, if there are sufficient grounds to believe that the indicated person may be in this territory, in this room; when bringing a person evading to appear when summoned by a court (judge), to enter living quarters in the case specified in the court (judge) order1.

10. Upon arrival at the location of the person to be brought, specified in the decision (determination) on the drive, the bailiff for the OUPDS or the senior group of bailiffs for the OUPDS:

appears, calls his position and surname, presents official ID and informs the purpose of his arrival;

checks the identity documents of the person to be brought;

announces the decision (determination) on the bringing to the person subject to the bringing, which is certified by his signature in the decision (determination) on the bringing, if the person to be brought refuses to sign in the decision (determination) on the bringing, a corresponding entry is made;

establishes whether there are circumstances preventing the execution of the drive.

11. Personal search, search of things that are with individual, that is, an examination of things carried out without violating their constructive integrity is carried out if necessary in order to detect the instruments of committing or objects of an administrative offense (Article 27.7 of the Code of the Russian Federation on Administrative Offenses (Collected Legislation of the Russian Federation, 2002, No. 1 (part 1) , article 1; 2003, No. 50, article 4847; 2008, No. 49, article 5748; 2014, No. 42, article 5615).

12. When driving, bailiffs under the OUPDS have the right, in cases and in the manner, provided for in Articles 15-18 of the Federal Law of July 21, 1997 No. 118-FZ “On bailiffs”, use physical force, special means and firearms, if other measures did not ensure the fulfillment of their duties.

13. The person to be brought, after being delivered to the place of the call by the initiator of the drive, on his behalf, is under the control of the bailiff for the OUPDS or the senior bailiff for the OUPDS until the end of the court session, the performance of procedural or executive actions.

14. On the implementation of the drive, the bailiff for the OUPDS or the senior group of bailiffs for the OUPDS informs the senior bailiff or deputy senior bailiff with the simultaneous transmission of the decision (determination) on the drive with the mark of the initiator of the drive, and also notifies in writing of all cases of incidents (if available) upon delivery of the person to be brought.

15. The bailiff for the OUPDS or the senior group of bailiffs for the OUPDS informs the initiator of the drive, as well as the senior bailiff or deputy senior bailiff in writing about the circumstances that prevent the execution of the drive, attaching copies of documents confirming the circumstances that prevent the execution of the drive (if availability).

Report all identified shortcomings, emerging prerequisites for emergency situations, orders of the chairman of the court to me immediately.

Use physical force, special means and firearms, if necessary, in strict accordance with the Federal Law "On bailiffs".

When carrying out the passage of citizens, ensuring the established procedure for the activities of the court, I demand to observe the law, correctness and courtesy in dealing with visitors to the court and participants in trials.

I remind you of the need to observe personal security measures while on duty!

8. Determines the vehicle and the route of movement to the place of service.

9. At the end of the briefing:

Finds out if there are questions about the information provided;

Gives the command "EQ, CLEARLY", gives the order to start the service: "Start the service. Ensure the established procedure for the activities of the courts (the name of the court and the judicial districts of the justices of the peace is indicated). During the service, be polite and correct in dealing with citizens, prevent infringement of their rights and legitimate interests. Strictly comply with the legislation of the Russian Federation governing the activities of bailiffs for OUPDS, necessary defense and emergency. Upon arrival at the place of service, the elders in the courts report on the intercession of the bailiffs for the OUPDS to the posts of the duty officer in the department!", After which he gives the commands "NAPRA-LEFT. TO THE PLACES OF SERVICE, STEP MARCH!".

10. Bailiffs for OUPDS depart to the place of duty.

Support Organization Department

the established procedure for the activities of the courts

Attachment 1

Schedule of daily briefings of bailiffs to ensure the established procedure for the activities of courts

the date of the

Note

Annex 2

Topics of daily briefings of bailiffs on ensuring the established procedure for the activities of courts

Introduction

An important role in solving the tasks assigned to the Federal Bailiff Service is assigned to bailiffs to ensure the established procedure for the activities of courts, which are designed to ensure the established procedure for activities Constitutional Court Russian Federation, Supreme Court Russian Federation, the Supreme Arbitration Court of the Russian Federation, courts general jurisdiction and arbitration courts.

Ensuring the established procedure for the activities of the courts is the performance of an official duty and requires bailiffs to ensure the established procedure for the activities of the courts of constant vigilance, high discipline, determination and initiative.

In order to successfully fulfill their duties, bailiffs to ensure the established procedure for the activities of courts must have a good knowledge of laws, regulations and orders. supreme bodies state power, orders and instructions FSSP of Russia regulating the provision of the established procedure for the activities of the courts, skillfully guided and applied in the course of their service. The quality of service largely depends on the professionalism of bailiffs to ensure the established procedure for the activities of the courts, skill, solid knowledge of the assigned tasks and their features, the ability to organize work and act correctly in a difficult environment.

This topic is intended to be used as a guide when briefing bailiffs on ensuring the established order of the courts, is intended to help consolidate and develop their knowledge necessary for the correct actions in various situations that they most often encounter in daily activities. They can also be used when conducting combat training sessions with personnel performing tasks to ensure the established procedure for the activities of courts, and in educational process during initial training.

Legal framework:

1) The Constitution of the Russian Federation of 1993;

2) the federal law dated July 27, 2004 N 79-FZ "On the State Civil Service of the Russian Federation";

3) Federal Law of July 19, 2009 N 194-FZ "On Amendments to the Federal Law "On Bailiffs"";

5) order of the Ministry of Justice of Russia dated December 27, 2006 N 384 "On approval of the Administrative Regulations for the execution state function to ensure, in accordance with the legislation of the Russian Federation, the established procedure for the activities of courts";

6) order of the Ministry of Justice of Russia dated August 3, 1999 N 226 "On approval of the Instruction on the procedure for the execution by bailiffs of the orders of the chairman of the court, judge or presiding judge and the interaction of bailiffs with officials and citizens in the performance of duties to ensure the established procedure for the activities of courts and participation in executive activities.

Topic N 1: "Obligations of bailiffs to ensure the established procedure for the activities of courts"

In accordance with Part 1 of Art. 11 of the Federal Law of July 21, 1997 N 118-FZ "On bailiffs" the bailiff to ensure the established procedure for the activities of the courts is obliged:

ensure the safety of judges, jurors and other participants in court and when performing certain procedural actions outside the building, premises of the court litigation;

to ensure, on behalf of the judge, the security of the delivery of the criminal case and physical evidence to the place of the court session;

maintain public order in the building, premises of the court;

comply with the orders of the chairman of the court, the judge presiding in the court session to ensure public order in the building, premises of the court;

to protect the building, premises of the court;

in the event of a decision to protect the building, premises of the court, to carry out such protection around the clock;

on the basis of a court decision (judge) or an interrogating officer of the Bailiff Service, bring in persons who evade appearance when summoned by a court (judge) or an interrogating officer of the Bailiff Service;

on the basis of a decision of the bailiff approved by the senior bailiff, bring in persons who evade the appearance on the call of the bailiff;

on behalf of the senior bailiff, ensure the safety of bailiffs, other officials Federal bailiff service in execution official duties;

in the performance of official duties, prevent and suppress crimes and offenses, and, if necessary, transfer offenders to the internal affairs bodies;

on the basis of a judge's decision on the forced expulsion of a foreign citizen or stateless person from the Russian Federation and the placement of the specified person in a special institution created in the prescribed manner by the authorities executive power subject of the Russian Federation, to ensure the forwarding foreign citizens or stateless persons in the specified special institutions(the paragraph was introduced by Federal Law No. 410-FZ of December 6, 2011);

on the basis of a decision of a bailiff-executor, to forward a foreign citizen or a stateless person who has been sentenced to an administrative penalty in the form of forced expulsion from the Russian Federation to the checkpoint through state border the Russian Federation (the paragraph was introduced by Federal Law No. 410-FZ of December 6, 2011);

interact with law enforcement officers, military personnel military units(subdivisions) and other persons carrying out escort and (or) protection of persons held in custody on issues of safety and security of escorted persons;

pass special training, military medical expertise, as well as periodic check(at least once a year) for suitability for actions in conditions associated with the use of physical force, special means and firearms;

assist the internal affairs bodies in the search for and detention of persons who have fled from the bodies of inquiry, investigation or court;

on behalf of the senior bailiff or his deputy, assist the bailiff in the implementation of enforcement proceedings and search, as well as the interrogator of the Bailiff Service in the implementation of the inquiry (the paragraph was introduced by Federal Law of 03.12.2011 N 389-FZ).

Bailiff for ensuring the established procedure for the activities of courts is obliged to ensure the safety of judges, jurors and other participants in the trial in court, and when performing certain procedural actions outside the building, premises of the court. Accordingly, those who guard the courts are constantly working there. it is also their responsibility to ensure, on behalf of the judge, the safety of the delivery of the criminal case and material evidence to the place of the court session. While on duty at the courthouse bailiff for OUPDS must maintain public order in the building, premises of the court.

If necessary, follow the orders of the chairman of the court, the judge presiding in the court session to ensure public order in the building, premises of the court. They also guard the building, the premises of the court. And in the event of a decision to protect the building, the premises of the court, to carry out such protection around the clock. The duties also include the protection of buildings, premises of the Federal Bailiff Service.

There is another interesting duty bailiff for OUPDS on the basis of a court order (judge) or an interrogator of the bailiff service, to carry out a forced bringing of persons evading the appearance on a summons of the court (judge) or an interrogating officer of the bailiff service, as well as on the basis of a decision of the bailiff approved by the senior bailiff.

Bailiff for OUPDS on behalf of the senior bailiff, he is obliged to ensure the safety of bailiffs, other officials of the Federal Bailiff Service in the performance of their duties. During the performance of official duties, prevent and suppress crimes and offenses, and, if necessary, transfer offenders to the internal affairs bodies. If signs of a crime are detected, draw up a report on this and send it to the senior bailiff for a decision in the manner prescribed by the criminal procedure legislation.

The service has a separate unit that performs on the basis of a judge's decision on the forced expulsion of a foreign citizen or stateless person from the Russian Federation and the placement of this person in a special institution, provided for by Federal Law of July 25, 2002 N 115-FZ "On legal status foreign citizens in the Russian Federation "should ensure the transfer of foreign citizens or stateless persons to these special institutions. These actions can also be performed on the basis of a decision of a bailiff. Bailiff for OUPDS is obliged to escort a foreign citizen or a stateless person, in respect of whom the bailiff has imposed an administrative penalty in the form of forced expulsion from the Russian Federation, to the checkpoint across the State Border of the Russian Federation.

When bringing a person who evades to appear when summoned by a judge, an interrogator of the bailiff service or a bailiff, the judicial bailiff for OUPDS has the right to enter the territories, premises for the purpose of detaining and forcibly delivering a person evading the appearance on a call, if there are sufficient grounds to believe that the indicated person may be in this territory, in this premises. Also, when bringing a person who evades to appear on a court summons, enter the living quarters in the case specified in the court order.

In order to ensure security in the performance of enforcement actions bailiff for OUPDS has the right to enter the territory, the premises together with the bailiff in the cases and in the manner provided for by the Federal Law "On Enforcement Proceedings". When performing enforcement actions bailiff for OUPDS has the right to check identity documents of persons who are in buildings, premises of courts, buildings and premises of the Federal Bailiff Service, as well as when bringing persons who evade to appear on a court summons, an interrogator of the bailiff service or a bailiff.

In the performance of their duties bailiff for OUPDS has the right, in the manner prescribed by the legislation of the Russian Federation, to carry out a personal search of persons located in buildings, premises of courts, buildings and premises of the Federal Bailiff Service, as well as an examination of the things they have with them if there is reason to believe that these persons are carrying weapons, ammunition, explosives, explosive devices, drugs or psychotropic substances and other objects, substances and means that pose a threat to the safety of others.

Bailiff for OUPDS has the right to prevent persons carrying weapons, ammunition (with the exception of persons escorting and (or) guarding persons in custody), explosives, explosive devices, narcotic drugs or psychotropic substances and other objects, substances and means that pose a threat to the safety of others, if necessary, detain these persons and transfer them to the internal affairs bodies.

If needed bailiff for OUPDS has the right to carry out proceedings on cases of administrative offenses in the manner prescribed by the legislation of the Russian Federation on administrative offenses. In the performance of official duties, he may apply for assistance to employees of internal affairs bodies, migration registration bodies, federal security service bodies, bodies authorized in the field of protecting the population and territories from emergencies, other public authorities, bodies local government, as well as to the military personnel of the internal troops. It also has the right to use physical force, special means and firearms in the cases and in the manner provided for by this Federal Law.

Bailiff for OUPDS in the process of serving:

Ensures the safety of the bailiff;

Does not allow the presence of unauthorized persons (not participating in enforcement proceedings) at the place of execution of enforcement actions;

Ensures the safety of official documentation and forms, as well as seized from the debtor Money, property and valuables;

If necessary, applies to employees of the internal affairs bodies for help in checking identity documents of persons located at the place of execution of enforcement actions;

Periodically, by means of communication, reports to the senior group about the current situation, follows his instructions;

In accordance with the established powers, it suppresses crimes and offenses at the place of execution of enforcement actions, if necessary, detains violators with their further transfer to the internal affairs body.

The bailiff for the OUPDS, when participating in enforcement actions, is prohibited from:

Do any on your own executive actions, replace the bailiff;

Take actions to open the premises or vaults of the debtor;

Absent anywhere without the permission of the senior group or the bailiff;

Be distracted on issues not related to the performance of official duties, including loading property, etc.;

Discuss with any of the parties to the enforcement proceedings or other persons the actions of the bailiff and the course of the measures taken.

In case of obstruction legal activity bailiff of the executor or bailiff for the OUPDS in various forms non-violent nature (denial of admission to an object or premises, failure to provide the necessary official documents etc.) the offender is warned about administrative responsibility.

When continuing these actions, the bailiff-performer or the bailiff for the OUPDS draws up a protocol on administrative offense provided for in Art. 17.8 of the Code of Administrative Offenses of the Russian Federation. If it is impossible to draw up this protocol on the spot, the bailiffs have the right to apply measures to ensure the proceedings in the case of an administrative offense (delivery, administrative detention) in the manner prescribed by the Code of Administrative Offenses of the Russian Federation.

In the event of a real threat to the life and health of bailiffs (power resistance, attack, etc.), bailiffs under the OUPDS have the right to use physical force, special means and firearms in accordance with applicable law. If necessary, bailiffs have the right to seek help from employees of internal affairs bodies and other law enforcement.

If the actions of the violators contain signs of the elements of crimes provided for by the Criminal Code of the Russian Federation, the bailiffs submit a report to the senior bailiff, on the basis of which the necessary materials are prepared in the prescribed manner for initiating a criminal case.

Nomination "Organization of ensuring the established procedure for the activities of courts by the Federal Bailiff Service" (1st place) A.A. PAVLOVA, 2nd year student of the Volga Region (Saratov) Law Institute (branch) of the Russian Law Academy of the Ministry of Justice of the Russian Federation, Supervisor - Associate Professor of the Department of State and Legal Disciplines, Candidate legal sciences E.V. Lazareva

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Nomination "Organization of ensuring the established procedure for the activities of courts by the Federal Bailiffs Service" (1st place)

A.A. PAVLOVA,

2nd year student of the Volga Region (Saratov) Law Institute (branch) of the Russian Law Academy of the Ministry of Justice of the Russian Federation

scientific adviser - associate professor of the department of state and legal disciplines, candidate of legal sciences E.V. Lazareva

Introduction

The Federal Bailiff Service is federal agency executive power. The main tasks of the FSSP of Russia are to ensure the established procedure for the activities of courts and the organization of the enforcement of judicial acts of courts of general jurisdiction and arbitration courts, as well as acts of other bodies, provided by law Russian Federation on enforcement proceedings. Currently, in the implementation of its functions, the FSSP of Russia is guided by the norms of federal laws dated July 21, 1997 No. 118-FZ “On bailiffs” (hereinafter referred to as the Law on bailiffs) and dated October 2, 2007 No. 229-FZ “On enforcement proceedings”, and also other normative legal acts.

Depending on the functions performed, bailiffs are divided into bailiffs, who ensure the established procedure for the activities of courts, and bailiffs. The difference in the nature and content of their activities is so significant that it is appropriate to speak of two positions that are different in their functions within the framework of one Service. And if the institution of bailiffs-performers was created on the basis of the previously existing system of bailiffs, then the formation of bailiff units for the OUPDS had to be started from scratch. In this regard, the problems of professional training of bailiffs for OUPDS, their development of knowledge, skills and abilities are of particular importance.

Ensuring the established procedure for the activities of the courts is not just ensuring order in the courthouse and during the court session. This concept is much broader. The bailiff for the OUPDS ensures law and order in court, preventing and suppressing offenses, applying various measures to influence offenders.

For example, in practice, cases are not uncommon when, through the fault of irresponsible citizens who evade attending a court session, the trial is disrupted. The judge issues a decision on the forced bringing of a citizen evading to appear in court, and the execution of this decision is the competence of the bailiff for the OUPDS.

The purpose of this work is to determine the legal status of the bailiff according to the OUPDS, the study theoretical foundations administrative and legal regulation of the activities of bailiffs under the OUPDS, as well as identifying problems in the practice of applying current legislation regulating the main functions of bailiffs for OUPDS.

When writing the work, historical, system-functional, comparative legal and other special methods of scientific research were used.

Chapter 1. Formation and development of the institution of bailiffs in the Russian Federation

With the advent of first princely, and then centralized government controlled forms of state regulation public relations associated with the execution of government, and later court decisions, acquired legal nature. The state, by virtue of its nature and ability to apply the mechanism of enforcement of court decisions, establishes a special position, which from time to time judicial reform 1864 and to this day is called the "bailiff". The state determines the functions and powers of the persons holding this position, the procedure for the organization and activities of these persons, thereby transferring to them part of its state-power powers in the field of execution of judicial and administrative decisions, ensuring the established order in the courts, etc.

The history of the institution of bailiffs dates back several centuries. The following stages of its formation and development are distinguished:

1) initial stage. In the XI-XV centuries. the execution of power decisions was carried out by the clerks, swordsmen, metelniki, children, birichs, bailiffs, righteous, sotsky and other predecessors of the bailiffs, who were called to fulfill their duties by the prince and the city council. Their powers were quite broad and included elements of judicial and investigative activities;

2) pre-Petrine period (late XIV-XVII centuries). At this time, there appeared pozovniks, podverniks, weekly workers of the Russian (Moscow) state - special executors of court decisions;

3) Peter's time and the pre-reform period (XVIII - mid-XIX centuries). During the period of absolutism of the monarchy, adjutants Russian Empire ensured the established order in the courts; functions for the execution of judicial and administrative decisions were transferred to the police and military personnel; during the reign of Empress Catherine II, police officers and bailiffs appeared who executed court decisions and guarded public order;

4) the pre-revolutionary period (1864-1917) was the time of the establishment of the institution of bailiffs and the establishment of their legal status. Execution judgment has already been considered as a stage of the trial, ensuring the established order of legal proceedings;

5) in Soviet period(1917-1990s) bailiffs acted at courts and had dual subordination - judicial authority and the judiciary;

6) in the modern period (from the 1990s to the present), bailiffs are civil servants of the executive authority, carrying out the enforcement of court and other decisions, ensuring the established procedure for the activities of the courts.

Each of these periods is characterized by certain economic, political and social conditions, which is reflected in the content of state regulation of the activities of bailiffs, in their functions and competence. AT state regulation The activities of bailiffs are gradually laying the foundations of administrative and legal regulation.

Both in pre-revolutionary times and today, the institution of bailiffs remains an integral part of legal system Russian state without which it is impossible to imagine the successful work of the entire judicial system.

Chapter 2 Law enforcement bailiffs for OUPDS

2.1. Legal status and powers of the bailiff for OUPDS

One of the first in a row organizational problems The activity of the FSSP is faced with the problem of the administrative and legal status of the bailiff, and its essence is not only in the insufficient number of personnel and the level of remuneration.

In accordance with the Law on Bailiffs, bailiffs are entrusted with the tasks of ensuring the established procedure for the activities of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, courts of general jurisdiction and arbitration courts (hereinafter - the courts).

Bailiffs under the OUPDS carry out their activities in accordance with the Constitution of the Russian Federation, the Code of Civil Procedure of the Russian Federation, the Code of Criminal Procedure of the Russian Federation, the Code of Administrative Offenses of the Russian Federation, federal laws dated 05.27.2003 No. 58-FZ “On the system of public service in the Russian Federation”, dated 07.27.2004 No. 79-FZ

“On the State Civil Service in the Russian Federation”, dated 13.12.1996 No. 150-FZ “On Weapons”, the already mentioned Law on Bailiffs, Decree of the President of the Russian Federation dated 13.10.2004 No. 1316 “Issues of the Federal Bailiff Service”, Instructions on the procedure execution by bailiffs of orders of the chairman of the court, judge or presiding judge and the interaction of bailiffs with officials and citizens in the performance of duties to ensure the established procedure for the activities of courts and participation in executive activities (approved by order of the Ministry of Justice of Russia dated 03.08.1999 No. 226), as well as the Administrative Regulations for the implementation of the state function to ensure, in accordance with the legislation of the Russian Federation, the established procedure for the activities of courts (approved by order of the Ministry of Justice of Russia dated December 27, 2006 No. 384; hereinafter - Administrative regulation)).

Ensuring the established procedure for the activities of courts means the following main measures:

Ensuring in court, and when performing certain procedural actions outside the building, premises of the court, the safety of judges, jurors and other participants in the trial;

Ensuring, on behalf of the judge, the safety of the delivery of the criminal case and material evidence to the place of the court session;

Maintaining public order in the building, premises of the court;

Fulfillment of the order of the chairman of the court, the judge presiding in the court session to ensure public order in the building, premises of the court;

Implementation of the protection of the building, premises of the court;

In the event of a decision to protect the building, premises of the court around the clock, the implementation of such protection;

On the basis of a court decision (judge) or an interrogating officer of the bailiff service, bringing persons who evade to appear when summoned by a court (judge) or an interrogating officer of the bailiff service;

On the basis of the decision of the bailiff, approved by the senior bailiff, the implementation of the drive of persons who evade the appearance on the call of the bailiff;

On behalf of the senior bailiff, ensuring the safety of bailiffs, other officials of the Federal Bailiff Service in the performance of their duties.

The duties and rights of bailiffs under the OUPDS are regulated by Art. 11 of the Bailiffs Act. Based on the rules contained in this article, and due to the specifics functional duties the bailiff for the OUPDS must have the necessary knowledge and practical skills, as well as the appropriate physical training. The following basic requirements are imposed on a person appointed to the position of a bailiff: he must be a citizen of the Russian Federation at least 21 years of age (in accordance with the Federal Law of July 19, 2009 No. bailiffs "", hereinafter - Law No. 194-FZ), having a complete secondary or secondary professional education. The bailiff must be able, in terms of his business and personal qualities, as well as for health reasons, to perform the duties assigned to him related to the public service.

Bailiffs are subject to restrictions, prohibitions and obligations established by federal laws of December 25, 2008 No. 273-FZ “On Combating Corruption” and “On the State Civil Service of the Russian Federation”.

Until recently, when entering the state civil service a candidate for the position of a bailiff for the OUPDS was not required to undergo a special medical examination. Law No. 194-FZ imposes on the bailiff for the OUPDS the obligation to undergo a military medical examination, as well as a periodic check (at least once a year) for suitability for actions in conditions associated with the use of physical force, special means and firearms.

In our opinion, despite the timeliness of innovations, the current requirements for bailiffs under the OUPDS as public civil servants should be much higher (including in relation to health status, education, work experience, etc.). In this connection, we believe that it is necessary to modernize the status of bailiffs under the OUPDS and transfer them to the category of persons in law enforcement service. At the same time, within the framework of their law enforcement status, they must receive additional social and material guarantees of their activities, similar to the guarantees provided to employees of the internal affairs bodies, the Federal Penitentiary Service, etc.

2.2. Administrative regulations for the activities of the bailiff for OUPDS

The administrative and legal position of the bailiff is determined by his functions, legal guarantees, the principles of its activities, etc., therefore it is characterized as a complex legal phenomenon.

In order to increase the efficiency of the performance of the state function to ensure the established procedure for the activities of the courts of the Federal Bailiff Service of Russia, an Administrative Regulation was developed and adopted that determines the timing, procedure and sequence of actions ( administrative procedures) bailiff for OUPDS. In addition to the above, it provides for the following administrative procedures:

Execution of the decision of the court and the judge on the application to the defendant and other citizens of the measures of procedural coercion provided for by law;

Assistance to the internal affairs bodies in the search and detention of persons who have fled from the inquiry, investigation or court;

Interaction with the subdivisions for the escort of persons held in custody on the issues of their safety and security;

Prevention and suppression of crimes and offenses, identification of violators, drawing up a protocol on an administrative offense, and, if necessary, their detention with subsequent transfer to internal affairs bodies;

Participation in the performance of executive actions.

Federal Law No. 389-FZ dated December 3, 2011 “On Amendments to Certain legislative acts Russian Federation" in Art. 11 of the Law on Bailiffs, the following addition has been made, expanding the scope of authority of the bailiff for the OUPDS:

On behalf of the senior bailiff or his deputy, assist the bailiff in the implementation of enforcement proceedings and search, as well as the interrogator of the bailiff service in the implementation of the inquiry.

How the bailiff under the OUPDS can assist the bailiff in the search for the debtor or the investigator in the inquiry (with the exception of bringing the debtor on the basis of the decision of the bailiff), the legislator does not explain. At the same time, there are many cases where, without the participation of bailiffs under the OUPDS, enforcement actions would be very dangerous for bailiffs and other participants in enforcement actions. The task of the bailiff for the OUPDS is to ensure unhindered access of the bailiff to the place of enforcement actions and at the same time guarantee his safety.

Bailiffs are obliged to use the rights granted to them strictly in accordance with the law and not to allow infringement of the rights and legitimate interests of citizens and organizations in their activities. They have the right to use physical force, special means and firearms, if other measures have not ensured the fulfillment of the tasks assigned to them. At the same time, the conditions and limits for the use of physical force, special means and firearms are strictly regulated (Articles 15-17 of the Law on Bailiffs).

For the illegal use of physical force, special means and weapons, criminal liability(Article 286 of the Criminal Code of the Russian Federation).

It should be borne in mind that in some cases the bailiff is forced to solve the tasks assigned to him in conditions of severe psychological conflict, make responsible decisions and take actions in conditions of psychological confrontation. This requires him to know the basics of psychology, to master special psychological techniques to get out of a state of conflict. Today, unfortunately, sufficient experience of the psychological impact of bailiffs on violators of order in the trial, other persons with whom they have to communicate on duty has not yet been accumulated.

Many of the bailiffs for the OUPDS have experience in various law enforcement agencies, many of those who participated in local conflicts. Professional training, including medical, is carried out constantly. Indeed, in the event of emergencies in the courthouse (fire, terrorist attack, earthquake, etc.), the bailiff for the OUPDS should be the first to provide assistance to citizens.

Chapter 3

Bailiffs for OUPDS exercise protective and law enforcement powers. According to the Federal Law of December 6, 2011 No. 410-FZ

“On Amendments to the Federal Law “On Bailiffs” and Certain Legislative Acts of the Russian Federation” and Order of the Federal Bailiff Service of Russia dated May 2, 2012 No. 232 “On the Organization of Work on the Execution of Court Orders on the Forced Administrative Expulsion of Foreign Citizens and Stateless Persons” bailiffs under the OUPDS are empowered to transfer foreign citizens, stateless persons to special detention centers on the basis of a court decision.However, the mechanism for implementing the transfer of functions has not been finalized (previously, these functions were performed by employees of the Ministry of Internal Affairs of Russia on the proposal of the FMS of Russia).The issues of financing this activity also remained unresolved: for example, in the Saratov region, funds from the budget of the FSSP of Russia intended for other needs are spent on the implementation of the expulsion function. headcount Services. Low wage bailiffs (on average 13-15 thousand rubles) causes a high turnover of personnel. For example, in the Saratov region in May 2012, 55 people were short of full staffing.

Not to mention the problems that arise in administrative practice. The scope of duties of bailiffs for OUPDS is now wider than regulated administrative legislation, therefore, a number of situations arise when the bailiff according to the OUPDS cannot bring the offender to administrative responsibility (joint enforcement actions, the bringing of persons who evade the appearance before the bailiff).

A number of problems arise due to the superficial control of the activities of bailiffs for OUPDS by the leadership of the Service. For example, in the Tagansky and Tverskoy courts of Moscow improper performance duties by bailiffs under the OUPDS resulted in unlawful actions of court visitors. In this regard, we consider it necessary to strengthen control over the activities of bailiffs under the OUPDS. In particular, it is necessary to increase the number of unannounced checks in the courts to prepare the bailiff for the implementation of the access control. It is also necessary to introduce monthly exams to control knowledge of regulatory legal documents regulating the activities of bailiffs for the OUPDS, and consider a system to encourage their work. For example, the UFSSP of Russia in the Saratov region has developed special system incentives for bailiffs for fulfilling the main indicators (order No. 66 of the UFSSP of Russia in the Saratov region).

In addition, due to the tasks solved by the bailiffs for the OUPDS, we believe that their powers should be expanded in administrative legislation.

Conclusion

In modern conditions, the activities of the FSSP of Russia, and in particular the bailiffs for the OUPDS, play an important role in strengthening the rule of law, protecting the rights and legitimate interests of citizens.

We believe that in order to increase the efficiency of their work it is necessary:

Develop closer interaction with services internal security for questions anti-corruption activities and combating bribery;

Strengthen control over the degree of physical, legal and moral preparation of bailiffs for OUPDS;

To increase the interest of bailiffs for the OUPDS in the responsible performance of their duties by encouraging their work.

It seems that the status of bailiffs under the OUPDS in modern conditions should be revised: public service bailiffs should belong to the law enforcement service.

It is also advisable to give the Federal Bailiff Service of Russia the authority to conduct operational-search activities. This will positively affect the efficiency of the service itself and will avoid duplication of reporting by different services; the process of solving criminal offenses under the jurisdiction of the FSSP of Russia will be accelerated.

At the same time, it is worth noting that the bailiffs under the OUPDS, endowed with the right to apply various coercive measures, including the use of weapons, do not have reliable legal and social guarantees, compensation payments possessed by law enforcement officers, although the work of bailiffs on the OUPDS is largely associated with threats to life and health.

In this regard, it seems that, within the framework of the law enforcement status, bailiffs for OUPDS need additional social and material guarantees of activity, similar to the guarantees currently provided to employees of the bodies of the Ministry of Internal Affairs of Russia, the Federal Penitentiary Service of Russia, etc.

There are a lot of claims to the bailiffs who ensure the established procedure for the activities of the courts today. And they are mostly correct. Unfortunately, the existing difficulties in ensuring the established procedure for the activities of the courts are of an objective nature. After all, the service of bailiffs to ensure the established procedure for the activities of courts has only recently begun to function and is constantly increasing its potential. However, the confidence of all participants in the trial in own security, which is ensured by the constant and high-quality work of bailiffs for the OUPDS, is the key to making a fair legal decision.

In conclusion, I would like to note that the authority of the FSSP of Russia is formed on the basis of the results of its activities, and practice shows that it is growing. The sooner reforms in the field are continued, subordinate Service, the more successfully the tasks assigned to it will be fulfilled.

Bibliography

1 The work is published with abbreviations.

2 Pavin D.V. Administrative and legal status of the bailiff // Executive law. 2008. No. 4. S. 51.

3 See: Bakhrakh D.N., Rossinsky B.V., Starilov Yu.N. Administrative law: studies. 3rd ed. - M.: Norma, 2008. S. 93.

4 See: Belousov L.V., Martynova V.V. Bailiff: status and organization of activities. - M., 2009. S. 43.

5 See: Reshetnikova I.V., Yarkov V.V. Civil law and civil process modern Russia. - M., 2010. S. 176.

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Litigation in our country is not uncommon. Upon completion, the court makes a decision. At the same time, certain obligations are assigned to one of the parties. The bailiffs are in charge of their implementation. These professionals are endowed broad powers, as well as the rights and obligations enshrined at the legislative level.

The legislative framework

Not all citizens understand what kind of bailiff service, their duties and rights.

To answer this question, you should study:

the constitution.
Law on Enforcement Proceedings.
Law on bailiffs.
Some other legislative acts (in particular, Instruction No. 226 on the procedure for the execution of court orders by bailiffs).

Sometimes for a solution specific tasks For information, contact a lawyer. They will tell you exactly what bailiffs are entitled to do, and what they are not entitled to, what they should and should not.

The law on bailiffs, which sets out their rights, was adopted back in 1997. But due to the fact that the load on the service is increasing from year to year, it was decided to make the powers of employees even wider. The duties of bailiffs include working with those people who do not comply with the law. Thanks to the expanded powers, specialists were able to achieve great results, as sometimes they have to deal with the aggressive behavior of citizens. The main rights of these civil servants include the following:

Receive necessary information on business.
Perform inspections and conduct research.
Give instructions to participants in the process.
View the room.
Arrest bank accounts, as well as property belonging to the debtor, followed by confiscation.
Search for a debtor using tools state support.
Engage others state structures to comply with the provisions of the executive document.

Use of physical force and weapons

After the introduced changes, the rights and obligations of the bailiff for the OUPDS also included physical. strength. AT State Duma this issue was discussed very sharply. On the one hand, specialists should have been given more powers, and on the other hand, arbitrariness should not be allowed. Therefore, in order to enter the service, today there are strict requirements for candidates. And if a specialist had to use physical force, he must notify the management of this within 24 hours. writing.

Functions and duties of bailiffs

In addition to the fact that bailiffs are endowed with broad powers, they also have many duties that they must follow. Functions are enshrined at the level of legislation. So, the bailiff in charge of enforcement proceedings must:

Provide the parties to the proceedings with the materials of the case for review.
Consider applications, complaints and petitions;
Put the debtor on the wanted list in the presence of relevant circumstances.
In case of violation of the norms of criminal procedure legislation, transfer the offender to the bodies of inquiry.

When the rights and obligations of bailiffs are exercised, they use the available legal instruments. Employees are not required to guarantee the implementation of the provisions of the executive document. At the same time, they must do everything in their power to court document was fulfilled.

The proceedings have a statute of limitations. AT general case it is three years. However, sometimes it is extended or, conversely, reduced.

The most powerful powers include:

arrest of bank accounts;
arrest of property owned by right of ownership;
a ban on traveling abroad;
restriction in access to public services;
deprivation driving license;
community and correctional work.

The law provides for the imposition legal liability on bailiffs in case of exceeding their powers. If the work is performed poorly (for example, when performing the duty of a bailiff for alimony), the specialist ignores his duties, exceeds his rights, he will incur administrative responsibility or be removed from office. Having noticed such violations, a citizen has the right to send a complaint to the management or file a lawsuit in court within ten days.

Before filing a complaint with the bailiff service, you need to know about the division of this system. Among the employees there are bailiffs who monitor compliance executive documents, as well as bailiffs for OUPDS. In the latter case, specialists can be at the checkpoint in the courthouse, as well as perform security tasks and support other bailiffs in the work of forcibly recovering funds, as well as seizing property belonging to him.

The duties of a bailiff for the OUPDS include the following:

Organization of operational duty maintenance;
Maintaining the confidentiality of information;
Other tasks.

In addition, they perform many of the actions that are specified in the law on bailiffs. When on duty, employees wear specialized clothing with hallmarks. On the left side of the chest on the uniform there is a badge with a departmental coat of arms. This attribute remains mandatory even if the bailiff is dressed in civilian clothes. All badges are registered and have their own identification serial number.

Bailiffs for OUPDS: what does it mean?

In order to successfully fulfill the duties of a bailiff for the OUPDS, a specialist is attached to the courts on a permanent basis. This is stated in Instruction No. 226 (clause 4.3). And the first paragraph lists the duties of this employee.

Security

Thus, specialists must ensure the safety of judges, jurors and other participants in the process during the trial. What if procedural actions carried out outside the walls of the court, then and there.

The participants in the process, both civil and procedural, include: the plaintiff, the defendant, interested and third parties, representatives of the plaintiff and the defendant, as well as the prosecutor, translator, expert, witnesses and others. In criminal proceedings, the participants are called the prosecutor, the plaintiff and the defendant with civil process, defendant, lawyer, experts, translators, witnesses and so on.

You also need to understand what security means. This term is understood as a set of measures, which consists in the prevention and suppression of encroachments on people who are associated with official activities. The purpose of these measures is to create appropriate conditions for the administration of justice. These measures are applied if there is sufficient information about the reality of the threat against persons under protection. If there is an encroachment on the life and health of these persons, then the measures are even included in the duties of the bailiff for the OUPDS. This is stated in clause 3.3 of Instruction No. 226.

Individuals in need of protection may themselves turn to a bailiff. The reason for this may be, for example, received threats. Security is provided mainly in court during the trial. But at the direction of the senior bailiff, protection can also be carried out on weekends and holidays.

In order to ensure security in court, specialists perform the following actions:

The senior bailiff establishes the places of service.
Before the meeting, the premises are subjected to a thorough check to see if there are ownerless things and dangerous items, as well as persons whose appearance is suspicious.
The serviceability of communication is checked, including those of an emergency nature.
Persons who have violated the established procedure are removed from the courtroom (by order of the judge).
Force, special means and firearms are used in cases provided for by law.
An appeal is being made to employees of the internal affairs department, the FSB, migration registration, emergency protection services, and military personnel for assistance.

Delivery of cases and material evidence

Bailiffs must deliver criminal cases and material evidence to the place of the court session or to the judge's office. This is done on his behalf. At the same time, the duties of the bailiff for the OUPDS do not include their carrying out. Therefore, he accompanies the secretary of the court session, who receives the relevant materials in the office.

Maintaining public order

The bailiff must ensure the maintenance of public order. This concept means the creation of an atmosphere of public tranquility, as well as favorable conditions for the activities of people. This official duties of the bailiff for the OUPDS are carried out within the framework of the order of the chairman of the court. This is stated not only in the Instructions, but also in the Civil Procedure Code, APC, and CPC.

In accordance with the Instruction, the bailiffs must ensure the protection of the court building in working time. However, in practice, this is often required at night, as well as on weekends and holidays. The decision on round-the-clock security is the responsibility of the senior bailiff of the Russian Federation.

The bailiff must carry out the bringing of persons who evade appearance in court. The basis for this is the decision of the investigator or bailiff. The drive is the delivery of a person to the place where he was called, in compulsory order. For this purpose, specialists go to the address of the actual residence of the person to be delivered, check his documents and hand over the decision.

If a person openly disobeys and resists repeatedly, bailiffs have the right to use force, special means or weapons. At the same time, they must remain correct to these persons. After the drive, the bailiff must draw up an act and indicate in it the place and time of the violation, its nature and the measures taken in connection with this. The arrival of minors under 16 years of age is carried out through their legal representatives.

The performance of certain actions of executors and interrogators is fraught with risk. Therefore, it is the duty of the bailiff for the OUPDS (as amended by the law) to ensure their safety. This is carried out on behalf of the senior bailiff.

Interaction with other power structures

The senior bailiff makes a decision on the interaction of bailiffs on the OUPDS with police officers, military personnel and representatives of other law enforcement agencies. This specialist takes measures to increase the convoy by attracting bailiffs for the OUPDS. At the same time, a plan for the corresponding performance of the service is developed and agreed upon. Within its framework, the bailiff for the OUPDS is obliged to:

Strictly adhere to the plan and follow the orders of the senior bailiff.
Have proper weapons and special equipment.
Constantly monitor the convoy.
Be ready to prevent and stop illegal activities defendants.
Ask the convoy to carry out personal search the defendant.
Take him out of the courtroom after the end of the trial.

At the same time, bailiffs cannot:

Talk to the escort on issues not related to escort.
Accept or transfer any items, notes, products, letters.
Disclose the organization of security and other similar information.

Medical checkup

Unlike the previous provisions, now a specialist must not only undergo special training. The rights and obligations of the bailiff for the OUPDS include regular checks with doctors and passing military medical expertise suitability for the use of force, special equipment and weapons.

Verification of documents

The bailiff has the right to check the person's documents relating to his identity card (usually, this is a passport). He has the right to carry out personal searches of persons in the buildings of courts and bailiffs, including personal belongings. Personal search is carried out only by a person of the same gender in the presence of 2 witnesses of the same gender. The inspection is also carried out in the presence of 2 witnesses, but the gender no longer matters. In exceptional cases, a personal search is possible even without witnesses. One way or another, a protocol is drawn up during this action.

Conclusion

Thus, specialists can be performers. Then the duties of bailiffs for the recovery of funds and other enforcement cases are fulfilled. There are also specialists in OUPDS. Their duties are somewhat different, although they often overlap with bailiffs.