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Court Bailiffs Act

Original Language Title: О судебных приставах

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RUSSIAN FEDERATION FEDERAL LAW On bailiants Adopted by the State Duma on 4 June 1997 Approved by the Federation Council on 3 July 1997 class="ed">(In the version of federal laws 07.11.2000) N 135-FZ; dated 29.06.2004 N 58-FZ; of 22.08.2004 N 122-FZ; of 03.03.2007 N 29-FZ; of 22.07.2008 N 132-FZ; of 23.07.2008 N 160-FZ; of 25.12.2008 N 280-FZ , 19.07.2009 N 194-FZ; of 25.11.2009 N 267-FZ; dated 27.07.2010. N 213-FZ; dated 11.07.2011 N196-FZ; of 03.12.2011 N 389-FZ; of 06.12.2011 N 410-FZ; of 05.04.2013 N 49-FZ; of 02.07.2013 N 185-FZ; of 28.12.2013 N 388-FZ; dated 03.02.2014 N 7-FZ; dated 12.03.2014 N 29-FZ; of 12.03.2014 N 34-FZ; of 05.05.2014 N 126-FZ; of 22.12.2014 N 441-FZ; dated 08.03.2015 N 57-FZ; of 30.12.2015 g. N 425-FZ) Chapter I. GENERAL PROVISIONS Article 1. The purpose of the bailiblers The judicial bailiers are entrusted with the task of: ensuring the established procedure of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, Courts of general jurisdiction and arbitral tribunals (hereinafter referred to as the courts); (as amended by the Federal Law of 12 March 2014). N 29-FZ) enforcement of judicial acts, as well as by the Federal Law No. 229-FZ "On executive proceedings" (hereinafter referred to as the Federal Act on executive proceedings) Acts of other bodies and officials (hereinafter referred to as judicial acts, acts of other bodies and officials); enforcement of criminal procedure legislation in cases falling under the criminal procedure law of the Russian Federation THE RUSSIAN FEDERATION To ensure the established procedure for the operation of the courts and the execution of judicial acts and acts of other bodies (hereinafter referred to as the Federal Service of the Judiciary). (Article in the wording of Federal Law dated 19.07.2009. N194-FZ) Article 2. Legal basis for the operation of the bailiers Judicial orders in their activities are based on the Constitution of the Russian Federation, the present Federal Act, the Federal Act on the Execution of Enforcement and other federal laws, as well as other normative legal acts adopted by them. Law dated 19.07.2009. N 194-FZ) Article 2-1. Using the words "bailiff" or "bailiff" and "derived"phrases (In the wording of Federal Law dated 06.12.2011 N 410-FZ) Use of the words "bailiff" or "prefix" and formed based on their words " are permitted only in the names of the Federal Judicial Service by their structural units and officials of the Federal Court of Justice, as well as in the names of the institutions responsible for the Federal Service of the bailiers, their structural units and officials, trade unions and other Public associations of bailiets, including associations of veterans. (In the wording of the federal laws of June 6, 2011), N 410-FZ; dated 08.03.2015 N 57-FZ) N 194-FZ) Article 3. Requirements for the person assigned to the judicial bailiff 1. The court bailiff may be a citizen of the Russian Federation who has reached the age of 21, having an intermediate general or secondary vocational education (for the senior bailiff, the deputy-chief) judicial bailiff -higher legal education, for bailiff-higher legal or higher economic education), capable of business and personal qualities, as well as health status To discharge the duties assigned to him. In the wording of the federal laws of 19 July 2009, N 194-FZ; of 06.12.2011 N 410-FZ; dated 02.07.2013. N 185-FZ) 2. The bailiff is an official in the public service. Upon assuming office, the judicial bailiff is sworn in as follows: " I, joining the ranks of the Federal Court of Justice, swearing allegiance to the people of Russia and the law, I solemnly swear: " It is as if to obey the Constitution of the Russian Federation, laws and international obligations of the Russian Federation; to persistently and honestly defend the rights of citizens, the interests of society and the state; difficulties in the performance of official duties; strictly observe discipline, established order of service relationships; preserve the state and other secret protected by law; treasure your professional honor, preserve and develop the best traditions Federal bailiff service. Serving as the law! The procedure for swearing-in of the bailiff shall be established by the main judicial bailiff of the Russian Federation. Adherence to an oath is an integral part of the bailiff's service discipline. (Paragraph in the Federal Law dated 12.03.2014. N 34-FZ 3. A citizen may not be assigned to a judicial bailiff who has been convicted of a court sentence that has entered into force, has a criminal record or has a criminal record which has been removed or repaid Criminal proceedings have either been pursued or the criminal prosecution of the expiry of the statute of limitations period, due to the conciliation of the parties, as a result of an act of amnesty or in connection with an active remorse. (In the wording of the Federal Law of 6 December 2011) N 410-FZ) 3-1. During the appointment of the citizens of the Russian Federation, a psychophysiological study, testing for the use of narcotic drugs and psychotropic substances is being carried out on certain positions of the Federal Service of the Judiciary. of alcoholic, drug or other toxic addiction. Conduct of psychophysiological research, testing for the use of narcotic drugs and psychotropic substances, the presence of alcohol, drug or other toxic dependence, and the list of posts for which The psychophysiological study is being carried out, the tests are determined by the Ministry of Justice of the Russian Federation. (Paragraph amended by the Federal Law of 22 December 2014). N 44-FZ) 4. The judicial orders are subject to the restrictions, prohibitions and duties established by the Federal Law "On combating corruption" and articles 17, 18 and 20 of the Federal Act of 27 July 2004 No. 79-FZ " On the Civil Service of the State of the Russian Federation. " (Paragraph is amended by the Federal Law of 25.12.2008). N 280-FZ) Article 4. Trials 1. The bailials, depending on the duties they are performing, are divided into court bailiers and bailiers. 1-1. The judicial bailiers perform their duties in the structural subdivisions of the Federal Court of Justice (bailiff of the Federal Service of the Judiciary, the Chief Justice of the Russian Federation) (hereinafter referred to as the court bailiers attached to the main judicial bailiff of the Russian Federation) and the structural subdivisions of the territorial bodies of the Federal Service of the Judiciary. (The paragraph is supplemented by the Federal Law of 05.04.2013). N 49-FZ)2. The bailiths are obliged to keep State secrets and other secrets protected by law, as well as not to disclose the information that has become known to them in connection with the performance of official duties that affect the privacy, honour and dignity of citizens, the other confidential information. (In the wording of Federal Law No. N 213-FZ) 3. The bailicourts shall be subject to compulsory State fingerprinting registration in accordance with the legislation of the Russian Federation. 4. The bailiers are trained in professional and special training in accordance with their duties. 5. The judicial bailiers and other officials of the Federal Court of Justice, in the performance of their duties, wear uniforms, have insignia and emblems, samples and (or) descriptions of which, as well as the rules for the provision of uniforms OF THE PRESIDENT OF THE RUSSIAN FEDERATION The procedure for wearing uniforms is approved by the main judicial bailiff of the Russian Federation. (...) (...) N 34-FZ) 6. Court bailiers are assigned class rank. 7. The bailiev shall be issued with a uniform certificate approved by the Minister of Justice of the Russian Federation and badges, samples and (or) descriptions of which are approved by the principal judicial bailiff of the Russian Federation. 8. The senior judicial bailiff and his deputies, the court bailiers, in the performance of their duties after special training, have the right to possess and carry firearms and special facilities, the conditions, the order and the limits of which, including for the senior bailiff and his deputies, are established by articles 15, 17 and 18 of this Federal Law and other federal laws. (Article as amended by Federal Law dated 19.07.2009. N 194-FZ) Article 5. Organization of the service of the bailiers 1. The Federal Judicial Police Service Regulations, its structure and staffing are approved by the President of the Russian Federation. (In the wording of Federal Law No. N 58-FZ) 2. The organization of the judicial bailiff service in the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation is defined by this Federal Law and the federal constitutional laws on these courts. (...) (...) N 29-FZ) Article 6. Order of appointment and release from the rank of bailiers 1. The head of the Federal Court of Justice (the Chief Justice of the Russian Federation) is appointed and dismissed by the President of the Russian Federation. (In the wording of the Federal Law of 19 July 2009, N 194-FZ) 2. The President of the Russian Federation determines the appointment and dismissal of judicial bailiers. (Article as amended by Federal Law of 29.06.2004) N 58-FZ CHAPTER II. CREDENIALS OF THE ORGANIZATION SERVICE AGENCIES (in the federal law dated 29.06.2004 N 58-FZ) Article 7. The Ministry of Justice of the Russian Federation on the organization of the judicial (in the wording of Federal Law dated 29.06.2004 N 58-FZ) 1. The Ministry of Justice of the Russian Federation coordinates and monitors the activities of the Federal Judicial Police Service in its jurisdiction, as well as the function of the enactment of normative legal acts within the scope of this activity. Service. (In the wording of Federal Law No. N 58F) 2. (Spconsumed by Federal Law of June 29, 2004) N 58-FZ) Article 8. The powers of the principal judicial Russian Federation 1. The Chief Justice of the Russian Federation is the head of the Federal Court of Justice. 2. Chief Justice of the Russian Federation: operates the Federal Service of the bailiers; monitors the enforcement of court acts, acts of other bodies and officials; monitors the enforcement of the established procedures for the operation of the courts and the protection of buildings, the premises of the courts, and determines the organization of court bailiers in this area; Federal Act dated 12.03.2014. N 34-FZ ) , if necessary, decides on the protection of the building, court premises 24 hours a day, 7 days a security; Enforcement (hereinafter referred to as execution), pre-trial investigation in the form of inquiry, security of buildings and premises of the Federal Court of Justice; defines the tactics of conduct performing and search operations, carries out monitoring of activities Federal service of the judicial bailiers who search for the debtor, his property or the search for the child, and on the basis of the civil case, the search for the defendant's and/or the child's (or) child; laws of 12 March 2014. N 34-FZ; dated 08.03.2015 N 57-FZ sets the order of service relations between bailiers and other officials of the Federal Court of Justice and their professional service, taking into account the traits OF THE PRESIDENT OF THE RUSSIAN FEDERATION title= " ">, dated 12.03.2014. N 34-FZ)In monitoring the enforcement of court acts, acts of other bodies and officials, if necessary, engage in separate executive actions; Federal Law of December 12, 2014 N 34-FZ) Issue orders, instructions and orders on the organization of the Federal Judicial Police Service; has the right to repeal or amend the legislation of the Russian Federation, which is not in conformity with the law of the Russian Federation. The Federation is responsible for the decision of the official of the Federal Service of the Judiciary; provides interdepartmental coordination of the activities of bodies and organizations that comply with the requirements of judicial acts, acts of other bodies and officials; The right to form advisory and consultative bodies for that purpose, To request statistical and other necessary information; , in carrying out the tasks assigned to the bailiaf, it will organize interaction with the authorized state bodies on counter-terrorism. { \cs6\f1\cf6\lang1024 }{ \cs6\f1\cf6\lang1024 }{ \b } { \b } { \b} { \b} { \b} { \b} { \b} { \b} { \b } -Federal Law dated 11.07.2011 N 196-FZ)exercises other powers provided for by this Federal Act, the Federal Act on Enforcement, and other regulatory legal instruments. Acts. (Article as amended by Federal Law of 19 July 2009) N 194-FZ) Article 9. The powers of the main judicial bailiffsubject (principal judicial bailiff) Russian Federation (In the wording of Federal Law > 30.12.2015 N 425-FZ) 1. The principal judicial bailiff (the principal judicial bailiff) of the Russian Federation is headed by the territorial body of the Federal Court of Justice by the relevant entity or constituent entities of the Russian Federation (hereinafter referred to as the Judicial Service of the Judiciary). (...) (...) (...) (...) N 425-FZ) 2. Main judicial bailiff of the subject (main judicial bailiff) of the Russian Federation: (In the wording of Federal Law > 30.12.2015 N 425-FZ)is responsible for the administration of the judicial bailiff service of the constituent entities of the Russian Federation for the execution of judicial acts, acts of other bodies and officials; (...) (...) N 425-FZ) organizes and supervises the work of ensuring the established order of operation of the courts, ensuring security in the execution of executive actions, making preliminary inquiries in the form of inquiry, security Buildings, facilities of courts, buildings and premises of the judicial bailiff service of the constituent entity of the Russian Federation; (In the wording of Federal Law of 30 December 2015 N 425-FZ)organizes and supervises the execution of the decision of the main judicial bailiff of the Russian Federation on the protection of the building, the premises of the court in the around-the-clock mode; organizes and controls Activities of the judicial officers of the judicial bailiers of the Russian Federation, the search for the debtor, his or her property or the search for a child, as well as on the basis of a civil case Respondent and (or) child; (Federal laws dated 03.12.2011. N 389-FZ; 05.05.2014 N 126-FZ; dated 08.03.2015 N 57-FZ; of 30.12.2015 g. N 425-FZ) In the enforcement of the enforcement of court acts, acts of other bodies and officials, if necessary, performs separate executive actions; (Paragraph supplemented by Federal Law of 12 March 2014. N 34-FZ)issues orders, instructions and orders to organize the judicial bailiff service of the Russian entity The Federation; (as amended by the Federal Act of 30 December 2015) N 425-FZ)has the right to cancel or modify the non-conforming legal requirements of the Russian Federation's decision of the judicial bailiff service (judicial bailiff service) OF THE PRESIDENT OF THE RUSSIAN FEDERATION N 425-FZ) provides, within its competence, interdepartmental coordination of the activities of organs and organizations that comply with the requirements of judicial acts, acts of other organs and officials, and shall be entitled to form advisory and consultative bodies, request statistical and other necessary information; interoperates with local authorities on the harmonization of the types of compulsory works and the list of organizations in which the person to whom the Administrative punishment in the form of compulsory works, is served compulsory work; (Paragraph added is the federal law of 05.04.2013. N 49-FZ)organized within its competence the control in the prescribed area of activity; exercised other powers provided for by this Federal Act, Federal Law " On "Enforcement proceedings", as well as by other regulatory legal acts. (Article in the wording of Federal Law dated 19.07.2009. N 194-FZ) Article 10. Authority of the senior bailiff 1. The principal judicial bailiff is headed by a structural unit of the Federal Service of the bailiers or the service of bailiers of the subject (the judicial bailiff service) of the Russian Federation (hereafter the judicial bailiff unit). (In the wording of the federal laws of June 6, 2011), N 410-FZ; of 30.12.2015 N 425-FZ) 2. Chief Justice: arranges the work of the bailiff unit; provides measures for timely and full execution by bailiers of judicial acts, acts of other bodies and [ [ List of bailiaf]] s in cases provided for by the Federal Act on Executive Production; organizes and supervises the activities of the judicial bailiers under his authority To ensure that the operation of the courts is established; In the event of a decision to protect the building, the court will arrange for such protection 24 hours a day; interoperates with the court presidents on the establishment of the established procedure for the operation of the courts; organizes work to ensure security in the execution of executive actions, the production of preliminary investigation in the form of inquiry, security of the building and premises of the Federal Judicial Police Service; (In the wording of Federal Law dated 12.03.2014. N 34-FZ ) organizes the search for the debtor, its property or the search for the child, as well as on the search for a citizen of the defendant and (or) the child on the basis of the civil case; (in the wording of federal laws dated 03.12.2011. N 389-FZ; 05.05.2014 N 126-FZ; dated 08.03.2015 N 57-FZ) issues instructions and orders on the organization of the operations of the bailiff unit; has the right to cancel or modify the non-conforming decision of the Russian Federation's legislation An official of the bailiiah unit; is the custodian of funds in the account of the funds received by the bailiff's unit (the unit's deposit account) (...) (...) (...) Control within the established sphere of activity; , if necessary, performs the duties of the bailiff, and in the case of special training, medical examination, periodic inspection (not applicable) At least once a year) on fitness for action in the context of the use of physical force, special means and firearms, the judicial bailiff for the operation of the courts; Law dated 08.03.2015 N 57-FZ) In the control of enforcement of court acts, acts of other bodies and officials carry out certain executive actions; (Paragraph is amended Law of 12.03.2014. N 34-FZ) conducts proceedings in cases involving administrative offences in the cases provided for by the Russian Federation law on administrative offences; Law of 08.03.2015 N 57-FZ)exercises other powers under this Federal Act, the Federal Act on Enforcement, and other regulatory legal instruments. Acts. 3. The senior judicial bailiff has the right to entrust his deputies with the duties of the bailiff and, if they have received special training, medical examination, periodic inspection (at least once in the case of (a) The need for the courts to act in accordance with the provisions of the Convention. (...) (...) N 57-FZ) 4. In the exercise of the duties of the bailiff (bailiff) or the court order for the established order of operation of the courts on the senior bailiff and his deputies shall be subject to the obligations and rights provided for by the bailiers or bailiers, respectively, to ensure the established procedure for the operation of the courts by this Federal Act, the Federal Act on the Enforcement of of the Russian Federation Administrative offences, as well as the other legal acts adopted in accordance with them. (...) (...) N 57-FZ) (Article in the wording of Federal Law of 19 July 2009). N194-FZ) Chapter III. RESPONSIBILITIES AND RIGHTS OF JUDICIAL PARTS Article 11. The duties and rights of bailiers to provide for the order activities of the courts 1. The court bailiff is obliged to: provide in court, and in the execution of separate procedural actions outside the building, the security of judges, jurors and other participants of the trial; to ensure, on behalf of the judge, the security of the delivery of the criminal case and the physical evidence to the court venue; maintain public order in the building, the premises of the court; to comply with the orders of the President of the Court, Presiding Judge of the Public Order Judge in the building, premises of the court; guarding the building, premises of the court; , in the event of a decision on the security of the building, the premises of the court 24-hour security; guard buildings, Federal Judicial Police Office premises; (Federal Act from 12.03.2014 N 34-FZ ), by order of the court (judge) or judicial officer of the bailiff service, to bring in persons who evade the summons (s) or the judicial officer (s) of the bailiff service; On the basis of an order of the bailiff, approved by the senior judicial bailiff, the person who evaded the summons of the bailiff; upon the order of the senior court bailiff ensure the safety of bailiers, other Officials of the Federal Court of Justice in the line of duty; , in the exercise of their duties, to prevent and suppress crimes and offences and, if necessary, to transfer offenders to the internal affairs agencies; when identifying signs of a crime to report this and send it to the chief of the inquest body (chief of the court bailiff) to make a decision in the order, established by the law of criminal procedure; (Paragraph supplemented by Federal Law of 12 March 2014. N 34-FZ) , on the basis of a judge's order to forcibly deport a foreign national or stateless person outside the Russian Federation and place the person in question in a special institution, Federal Act No. 115 of 25 July 2002 on the legal status of foreign citizens in the Russian Federation, to ensure the transmission of foreign nationals or stateless persons to designated special institutions; complemented-Federal Law dated 06.12.2011 N 410-FZ) (In the wording of Federal Law No. N 388-FZ), by order of the bailiff to transmit a foreign citizen or stateless person who has been sentenced to an administrative penalty of forcible removal OF THE PRESIDENT OF THE RUSSIAN FEDERATION 06.12.2011 N 410-FZ) to interact with members of the internal affairs agencies, members of the military police of the Armed Forces of the Russian Federation, military units (units) and other persons conducting convoys and (or) protection of persons, Detainees on the safety and security of persons in custody; (In the wording of Federal Law of 03.02.2014). N 7-FZ) to receive special training, medical examination, as well as periodic inspection (at least once per year) on fitness for action in the use of physical force, special means and firearms; to assist the internal affairs agencies in the search for and detention of persons who have hidden from bodies of inquiry, investigation or trial; (Paragraph is amended by the Federal Law dated 03.12.2011 N 389-FZ, on behalf of the senior judicial bailiff or his deputy, to assist the court bailiff in the execution of the enforcement and wanted persons, as well as the person conducting the inquiry. judicial bailiers in the conduct of the initial inquiry. (Paragraph is supplemented by the Federal Law of 3 December 2011. N 389-FZ) 2. The court bailiff has the right to: , in the execution of the person who evaded the summons (judges), the judge of the bailiff service or the bailiff service, enter the premises into the premises for the detention and forcible delivery of evaders, where there are reasonable grounds to believe that the person in this room may be in the premises; In the execution of the person who evaded the summons (judge), enter the accommodation in the case specified in the court order (s); to enter the premises in conjunction with the bailiff in cases and in order to ensure security for the execution of the enforcement actions. In accordance with the procedure provided by the Federal Act on the Enforcement Procedure; to verify identity documents, persons in buildings, premises of courts, buildings and premises of the Federal Judicial Police Service, and In addition, in the conduct of the person who evaded the summons, (Judges), judicial officer or bailiff service; , in accordance with the law of the Russian Federation, to search persons in buildings, premises of courts, buildings and buildings; The premises of the Federal Court of Justice, as well as the inspection of their belongings, where there is reason to believe that the persons in question have weapons, ammunition, explosives, explosive devices, narcotic drugs or psychotropic substances and other threats to the safety of the Items, substances and means; not to admit the building, courthouse, building and premises of the Federal Court of Justice of persons carrying arms, ammunition (except for escort and/or protection of persons); Detainee detainees), explosives, explosive devices, narcotic drugs or psychotropic substances and other threats to the safety of the objects, substances and means, if necessary, to detain those persons and transfer them to the internal affairs agencies; Procedure for administrative offences under the law of the Russian Federation on administrative offences; for the performance of official duties to seek assistance from staff members The internal affairs agencies, the migration authorities, the Federal Security Service bodies, the bodies responsible for the protection of the population and territories from emergency situations, other bodies of state power, local authorities, and (...) (...) Use physical force, special means and firearms in the cases and in the manner prescribed by this Federal Law. (Article in the wording of Federal Law dated 19.07.2009. N 194-FZ) Article 12. Duties and rights of bailiers 1. In the process of enforcement of judicial acts and acts of other bodies provided for by the Federal Executive Act, the bailiff: takes measures in a timely, complete and correct way. The execution of executive documents; provides the parties of the executive proceedings (hereinafter referred to as the parties) or their representatives the opportunity to consult the materials of the executive proceedings, to make extracts from them, to make copies thereof; reviews the statements of the parties regarding the executive proceedings and their applications, make appropriate orders, explain the deadlines and the procedure for their appeal; is obliged to recuse himself if it is interested in the enforcement proceedings or there are other circumstances causing it Doubts in its impartiality; receives and processes personal data provided they are necessary for timely, full and proper execution of executive documents, in volume, to do so; (Paragraph is amended by Federal Law dated 27.07.2010. N 213-FZ) declares the search for the debtor of the executive document, his or her property or the search for the child of the executive document containing the request for the removal or transfer of the child, the procedure for communicating with A child, a request for the return of a child illegally transferred to the Russian Federation or a child being held in the Russian Federation or for the exercise of the right of access under an international treaty of the Russian Federation, and Search warrant in accordance with Russian legislation Federation; (Paragraph is amended by the Federal Law of 3 December 2011). N 389 to FZ) (In the wording of the Federal Law of 05.05.2014, No. N 126-FZ ) , on the basis of a civil case, search for the defendant's citizen and (or) the child in accordance with the procedure established by the federal executive Legal and regulatory regulation in the sphere of ensuring the established procedure of the courts and the execution of judicial acts and acts of other bodies; (Paragraph is amended by the Federal Law dated 08.03.2015 N 57-FZ)conducts proceedings in cases of administrative offences in the manner provided for in the legislation of the Russian Federation on administrative offences; Law of 03.12.2011. N 389 FZ) (In the wording of Federal Law No. N 34-FZ) to detect signs of a crime is reported and forwards it to the chief of the inquest body (chief of the court bailiff) to make a decision in the order established Criminal procedure law. (The paragraph is amended by the Federal Law of 12 March 2014). N 34-FZ 2. The bailiff has the right to: obtain the necessary information, including personal data, explanations and help for the execution of the executive actions; (In the wording of the Federal Law of 27 July 2010. N 213-FZ) to verify compliance of employers with debtors and to maintain financial records on the execution of these documents; giving citizens and organizations, Participating in the executive proceeding, instructions for the execution of specific enforcement actions; to enter or belong to the premises and storage facilities occupied by or owned by the debtors, if necessary, to open them, as well as on the basis of a definition of the relevant court to commit such acts against the premises and storage occupied by others or belonging to them; to seize, seize, store and dispose of seized property, except property seized from circulation in accordance with the law; to seize moneys and other values of the debtor in the accounts, deposits or storage in banks and other credit organizations, in the amount specified in executive document; use non-residential premises with consent The owner of the seized property for the temporary storage of the seized property, obligates the persons concerned to store it, use the transport of the prospector or debtor for the transportation of the property with the charge against the debtor; (B Federal Law of 22.08.2004 N 122-FZ ) , if the provisions of the executive document are not clear, the manner and manner of its execution shall be addressed to the court, the other authority, or the official who issued the executive document, explanation of the method and procedure for its execution; (In the wording of Federal Law of 19.07.2009) N 194-FZ to search for the debtor, its property or the search for a child; to call citizens and officials on executive documents in production; Enforcement actions to check identity documents from persons participating in the executive proceedings; (New paragraph 12 is amended by Federal Law dated 19.07.2009 N194-FZ) , in the search for the debtor, its property, the search for the child (an enforcement investigator) or the defendant's (or) child, on the basis of a court action in the civil case carry out search operations: request from the banks information, search information and process necessary personal data, including information about persons and their property, to check documents proving the identity of a citizen if there are grounds To believe that he and (or) his or her property are wanted, or he is holding a wanted child, identifying the person, interviewing citizens, making inquiries, examining documents, inspecting property, examining the premises, Buildings, structures, areas occupied by or belonging to wanted persons, as well as vehicles belonging to these persons; (Paragraph added is the Federal Act of 12 March 2014. (...) (...) N 126-FZ; dated 08.03.2015 N 57-FZ)In the performance of official duties to seek assistance from members of the internal affairs agencies, immigration authorities, federal security agencies, bodies authorized in Areas of protection of the population and territories from emergency situations, other State authorities, local self-government bodies and members of the internal forces; (Paragraph 13 is supplemented by Federal Law dated 19.07.2009 N 194-FZ commit other acts provided for by the Federal Act "On executive proceedings". class="doclink "href=" ?docbody= &prevDoc= 102048374&backlink=1 & &nd=102131171" target="contents "title=" "> dated 19.07.2009. N 194-FZ) Article 13. Respect for the rights and legitimate interests of citizens and organizations 1. The bailiff is obliged to use the rights granted to him in accordance with the law and to prevent the infringement of the rights and legitimate interests of citizens and organizations in his activities. (In the wording of the Federal Law of December 12, 2014). N 34-FZ 2. The judicial bailiff is obliged not to disclose information that constitutes a personal and family secret. The paragraph is supplemented by the Federal Law of 12 March 2014. N 34-FZ 3. The bailiff is obliged not to allow the execution of the executive actions to achieve the goals and objectives not provided for in the legislation on enforcement proceedings. The paragraph is supplemented by the Federal Law of 12 March 2014. N 34-FZ) Article 14. Requirement of a judicial bailiff 1. The legal requirements of the bailiff are to be implemented by all organs, organizations, officials and citizens in the territory of the Russian Federation. 2. Information, including personal data, in the amount necessary for the performance of judicial duties in accordance with the legislation of the Russian Federation on enforcement proceedings, is provided at the request of the court The Conference of the States Members of the United Nations that are members of the Group of States. (In the wording of Federal Law No. N 213-FZ) 3. The information provided for in paragraph 2 of this article may, with the consent of the bailiff, be submitted in the form of an electronic document, using institutional and technical measures to protect the information, if necessary. (...) (...) N 34-FZ) 4. Failure to comply with the legal requirements of a bailiff, including failure to provide information provided for in paragraph 2 of this article or to provide false information, as well as acts that impede the performance of official duties The judicial bailiff is liable under the law of the Russian Federation. (Article in the wording of Federal Law dated 19.07.2009 N 194-FZ) Article 15. The conditions and limits of the use of physical force, special means and firearms 1. Court bailiers have the right to use physical force, special means and firearms in the cases and in the manner prescribed by articles 15 to 18 of this Federal Law, if any Other measures have failed to carry out their duties. 2. In the use of physical force, special means and firearms, the bailiff has the obligation: to warn of the intention to apply them by providing persons with respect of which physical force, special means and firearms are to be used, sufficient time to fulfil its requirements, except where delay creates an immediate risk of life and the health of the judiciary Other citizens may have other serious consequences, or where this warning is not possible in the circumstances; use the force, means and weapons commensurate with the nature and gravity of the offence, the strength of the counter-action, in an effort to ensure that Any damage caused was minimal; to provide first assistance to injured persons and to notify their relatives as soon as possible. (In the wording of Federal Law No. N 267-FZ) 3. All cases involving the use of physical force, special means and firearms by the bailiff for the operation of the courts within 24 hours of their application in writing shall communicate to the Senior Judicial Officer to the president of the court concerned and, in the event of death or injury, also notifies the prosecutor. 4. The use of physical force, special means and firearms should not pose a threat to the life and health of persons present in court. Exceeding authority in the use of the said force, means and weapons shall be punishable by law. Article 16. The use of physical force The use of physical force, including combat techniques, for the suppression of crimes and administrative offences, The detention of the persons who have committed them or the detention of persons in accordance with the judicial act or to overcome the legal requirements of the bailiff. Article 17. Use of special tools 1. Court bailiers may apply special means available in their weapons to: Reflecting an attack on judges, jurors, members of the trial, Witnesses and persons in court, as well as officials of the Federal Court of Justice in connection with the performance of their official duties; (In the wording of Federal Law dated 12.03.2014. N 34-FZ ) to prevent or attack the resistance of the bailiff in connection with the performance of his official duties; to apprehend a person who commits a crime against life, health or property; bringing the into the internal affairs agencies of detainees when they conduct their conduct to believe that they can escape or harm others; (In the wording Federal Act dated 19.07.2009. n 194-FZ ) enforcement of a court order, to the judicial officer of the bailiff service or to the bailiff of persons who evade legal requirements for appearance in court, by the person conducting the initial inquiry Judicial bailiers or bailiff service; (As amended by Federal Law of 19.07.2009) N194-FZ) escort a foreign national or stateless person subject to forcible removal outside the Russian Federation to special facilities for the detention of foreign nationals and persons without citizenship and up to the crossing points across the State border of the Russian Federation, when the persons in question give reason to believe that they can escape or harm others. (The paragraph is amended by the Federal Law of 12 March 2014). N 34-FZ 2. It is prohibited to use special means against persons who have committed unlawful acts of non-violence, as well as women with visible signs of pregnancy, persons with visible signs of disability and minors, when their age is increased is obvious or is known to the bailiff, except in cases of armed resistance, the commission of an attack that threatens the life and health of the citizens. Article 18. Use of firearms 1. Court bailiers can use firearms to: repeals attacks on judges, assessors, trial participants and witnesses, as well as on citizens and the judiciary When their lives and health are endangered; to prevent attempts to possess weapons or special means; reflection of group or armed attack on the court and court premises, and In addition to the buildings, offices of the Federal Judicial Police Service, class="ed"> (In the wording of the Federal Law of 12 March 2014 } N 34-FZ ) to prevent escape from custody, as well as to prevent attempts to forcibly release persons in custody. 2. Prior to the use of firearms, it can be used for a warning shot. 3. It is prohibited to use firearms against women, persons with clear signs of disability and minors, when their age is apparent or known to the court, except in cases of armed resistance, The commission of a group or armed attack that threatens the lives of citizens. 4. The procedure for securing the bailiff of firearms, the list of firearms, ammunition and special equipment for the armament of the bailiff is determined by the Government. of the Russian Federation. Article 19. Liability of the bailiers, supervision and control of their activities 1. Decisions, actions (omissions) of a judicial bailiff can be appealed to a superior officer or to a court of law. A complaint to a higher official is not an obstacle to recourse to the courts. (In the wording of the Federal Law of 19.07.2009) N194-FZ) 2. The Court of Justice shall be responsible for misdemeanours and offences in accordance with the law of the Russian Federation. 3. The damage caused by the bailiff to citizens and organizations is to be compensated in accordance with the procedure provided for in the civil legislation of the Russian Federation. 4. Supervision of the enforcement of laws in the exercise of judicial functions in accordance with the Federal Act on the Procurator's Office OF THE PRESIDENT OF THE RUSSIAN FEDERATION Chapter IV: GUARANTEES OF LEGAL AND SOCIAL SECURITY JUDICIAL PARTS Article 20. Insurance guarantees for bailiers and the right to damages 1. The life and health of the bailiff shall be subject to compulsory State insurance from the federal budget for a sum equal to 180-fold of the average monthly salary of the bailiff. 2. The State insurance bodies pay insurance amounts in cases of: death (death) of the bailiff (death) during the period of service or after dismissal, if it is due to the infliction of bodily harm or inogue injury to the health of his or her official activities, the family of the deceased (deceased) and his or her dependants equal to 180 times the average monthly salary of the bailiff; bodily harm or other harm to health, excluding a further opportunity to engage in professional activities, equal to a 36-fold amount of the average monthly salary of the bailiff; infliction of the court order in connection with his or her official activities bodily injury or other harm to health which has not resulted in a permanent disability that has not been affected by the possibility of further professional activity, at a rate equal to 12 times the average monthly wage The bailiff. 3. In the event of a court order relating to his or her professional activities, bodily harm or other harm to the health of the person excluding the possibility of professional activity, he shall be compensated on a monthly basis the difference between his/her average monthly salary and the pension assigned to him in connection with this pension, without taking into account the amount of payments received under State insurance. 4. In the event of death (death) of the bailiff during the service period, or after dismissal, if it is due to the infliction of bodily harm or other harm to his health in connection with his or her official activities, unable to work The members of his dependent family receive compensation on a monthly basis, in the form of the difference between the portion of the deceased (deceased) and the survivor's pension without regard to the amount of the payments, received on State insurance. In order to determine this part of the wage, the average monthly salary of the deceased (deceased) is divided into the number of dependent family members, including those who are able to work. 5. Damage caused by the destruction or damage to property belonging to the judicial bailiff or to members of his family in connection with his or her official activities shall be compensated to him or his family members in full, including loss of profits, in the order, OF THE PRESIDENT OF THE RUSSIAN FEDERATION 6. The compensation payable under paragraphs 3 to 5 of this article shall be made at the expense of the federal budget. 7. The grounds for refusal to pay insurance amounts and compensation in the cases provided for in this article are only the sentence or court order against the person found guilty of the death (death) of the court bailiff or the infliction of it bodily harm or destruction of, or damage to, property owned by it, which is found not to be related to the performance of the bailiff. Article 21. Material security and other measures of the social protection of bailiers 1. (Spconsumed by Federal Law of 22.08.2004) N 122-FZ 2. Court bailiers are provided with travel documents for all types of public transport in urban, peri-urban and local traffic (except taxis) purchased by the respective transport services organizations, in the manner determined by the authorized federal executive authority. (In the wording of the federal laws of 22 August 2004, N 122-FZ; of 23.07.2008 N 160-FZ) 3. Court bailiers who use personal transport for official purposes are paid monetary compensation in the amounts established by the legislation of the Russian Federation. 4. The bailiff, who is sent on official business, enjoys the right to purchase all transport documents and accommodation in the hotel on duty travel. 5.(Spconsumed by Federal Law of 22.08.2004) N 122-FZ 6.(Spconsumed by Federal Law of 22.08.2004) N 122-F) Chapter V. FINANCING AND MATERIAL-TECHNICAL INSPECTION OF THE SERVICE OF JUDICIAL PARTS Article 22. Financial support for the operation of the service bailiev The financial support for the operation of the bailiff service under this federal law is consumable. of the Russian Federation. The order and magnitude of the financing of the costs involved in the execution of the person who evading the appearance of the court or the bailiff, and contained in the executive document The Government of the Russian Federation determines the requirements for the forcible expulsion of foreign nationals or stateless persons outside the Russian Federation. (In the wording of the federal laws of 22 July 2008, N 132-FZ; of 06.12.2011 N 410-FZ) (Article in the wording of the Federal Act of 22 August 2004). N 122-FZ) Article 23. Logistical support of the bailiff service 1.(Uprit-Force-Federal Law 22.08.2004 N 122-FZ 2.(Spconsumed by Federal Law of 22.08.2004) N 122-F) 3. The logistic support for the judicial services of the Office of Military Justice is provided by the federal budget allocated to the Ministry of Defence of the Russian Federation. Chapter VI: FINAL PROVISIONS Article 24. Entry into force of the present Federal Law This Federal Law shall enter into force three months after the date of its official publication. Article 25. Transitional provisions 1. Invite the President of the Russian Federation and instruct the Government of the Russian Federation and the State authorities of the constituent entities of the Russian Federation to bring their normative legal acts into conformity with this Federal Law within two years. Months from the date of its official publication. 2. To instruct the Government of the Russian Federation within two months of the official publication of this Federal Law: to prepare and submit proposals for amendments and additions to legislative acts of the Russian Federation. of the Federation in connection with its adoption; to adopt legal acts implementing its provisions; to envisage an increase in the number and wage of the Ministry of Justice of the Russian Federation; necessary for the establishment of judicial bailiers, with a view to concluding The establishment of these services by 1 January 2000 within the time limits set out in paragraph 3 of this article. (In the wording of Federal Law of 22.08.2004) N 122-F) 3. The Ministry of Justice of the Russian Federation, in the course of 1997-1999, established the service of the judicial bailiev by ensuring the commencement of the operation: , with 1 January 1998, of the Department of Judicial Services of the Ministry of Justice of the Russian Federation, OF THE PRESIDENT OF THE RUSSIAN FEDERATION Implementing instrument; (In the wording of Federal Law from 22.08.2004. N 122-FZ)) , as of 1 January 1999, the full complement of the bailiff. President of the Russian Federation B. Yeltsin Moscow, Kremlin 21 July 1997 N 118-FZ