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On Amendments To The Federal Law "on Bailiffs"

Original Language Title: О внесении изменений в Федеральный закон "О судебных приставах"

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RUSSIAN FEDERATION FEDERAL LAW On Amendments to the Federal Law "On bailiff" Adopted by the State Duma on July 3, 2009 Federation 7 July 2009 Article 1 of the Russian Federation, 1997, 3590; 2000, N 46, sect. 4537; 2004, N 27, sect. 2711; N 35, sect. 3607; 2007, N 10, est. 1156; 2008, N 52, sect. 6235) the following changes: 1) Article 1 should be redrafted to read: " Article 1. The purpose of the bailiblers is to: To ensure the established procedure of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Court of Arbitration OF THE PRESIDENT OF THE RUSSIAN FEDERATION (hereinafter referred to as the Federal Law on Enforcement) 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 Federations to the jurisdiction of the federal executive branch in order 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 bailiers). "; 2) 2, amend to read: " Article 2. Legal framework Judicial bailiers ' activities are governed by the Constitution of the Russian Federation, this Federal Act, the Federal Act on Enforcement and other federal laws, and also in accordance with other legal instruments. "; 3) to supplement article 2-1 as follows: " Article 2-1. The use of the term "bailiff" The use of the term "bailiff" is permitted only in the names of the Federal Service of the Judiciary, its structural units and officials of the Federal Service and in the names of judicial bailiposts, their structural units and their structural units and officials. "; 4) in article 3, paragraph 1, the words" 20 years of age "should be replaced by the words" age 21 ", after the words "to be supplemented by a senior judicial officer" with the words ", the Deputy Chief Justice (...) (...) Trials 1. The bailials, depending on their performance, are divided into judicial bailiposts to ensure the established procedure for the operation of the courts and bailiers. 2. The bailiths are obliged to keep State secrets and other secrets protected by law, as well as not to disclose information that has become known to them in connection with the performance of official duties that affect the privacy, honour and dignity of citizens. 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 head of the Federal Judicial Police Service, the principal judicial bailiff of the Russian Federation (hereinafter referred to as the main judicial bailiff of the Russian Federation). 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, conditions, arrangements and limits of which, including for the senior judicial bailiff and his deputies, are established by articles 15, 17 and 18 of this Federal Law and other federal laws. "; 6) Article 6, paragraph 1, of the Federal Executive To ensure that the operation of the courts and the execution of judicial acts and acts of other bodies is in place "shall be replaced by the words" Federal Service of the Judiciary "; 7), article 8 should read as follows:" Article 8. The powers of the main judicial of the 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; exercised control over the established procedures for the operation of the courts and the security of buildings and the premises of the courts; , if necessary, decides on the protection of the building, the premises of the court, 24 hours a day, 7 days a week. mode; exercising security control over execution and enforcement of measures of enforcement (hereinafter referred to as execution), pre-trial investigation in the form of inquiry, protection of buildings and premises of the Federal Service of the bailiers; [ [ Federal Service of the Federal Judiciary (Federal Service)]] monitors the activities of the debtor, property or search for the child; issues orders, instructions and orders on the organization of work Federal bailiff service; has the right To repeal or amend the Federal Law Enforcement Officer's decision, which does not meet the requirements of Russian legislation; provides interdepartmental coordination for the activities of bodies and organizations; in the execution of the requirements of judicial acts, acts of other bodies and officials, has the right to form advisory and consultative bodies for that purpose, to request statistical and other necessary information; , when performing tasks, who are assigned to the bailiaf, arranges for the interaction with the authorized state bodies on counter-terrorism; conducts control in the established sphere of activity; exercises other powers under this Federal Act, Federal Act No. Article 9 should read as follows: " Article 9. The powers of the principal judicial bailiff of the constituent entity of the Russian Federation 1. The principal judicial bailiff of the constituent entity of the Russian Federation is headed by the territorial body of the Federal Court of Justice, in accordance with the relevant entity of the Russian Federation (hereinafter referred to as the judicial bailiff service of the constituent entity of the Russian Federation). 2. The principal judicial officer of the constituent entity of the Russian Federation: is responsible for the administration of the judicial bailiff service of the constituent entity of the Russian Federation for the execution of judicial acts, acts of other bodies and officials; organizes and supervises the work of ensuring the established procedure for the operation of the courts, ensuring security in the execution of the executive actions, the production of preliminary investigation in the form of initial inquiry, the protection of buildings, the premises of the courts, Buildings and structures of the judicial bailiers of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION The judicial orders of the constituent entity of the Russian Federation to search for the debtor, its property or the search for a child; shall issue orders, instructions and orders on the organization of the operation of the judicial bailiff service of the constituent entity of the Russian Federation; has the right to cancel or modify it OF THE PRESIDENT OF THE RUSSIAN FEDERATION Legal acts, acts of other bodies and officials have the right to form advisory and consultative bodies for that purpose, to request statistical and other necessary information; organized within its competence to control the established sphere of activity; exercises other powers under this Federal Act, the Federal Act on the Enforcement of Law, and the other regulatory legal acts adopted in accordance with them. "; 9) article 10 Amend the text as follows: " Article 10. Powers of the senior bailiff 1. The Chief Justice Officer is the head of the judicial bailiff service of the constituent entity of the Russian Federation (hereinafter referred to as the bailiff unit). 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; arranges for security in the execution of executive actions, preliminary investigation in the form of inquiry, security of the building and premises of the bailiff unit; arranges for the search for the debtor; of his property or search for the child; shall issue instructions and Order on the organization of work of the bailiff unit; has the right to cancel or modify the decision of the official of the judicial branch of the Russian Federation, which does not comply with the requirements of the legislation of the Russian Federation. bailiiah; is the custodian of funds in the account of the funds received by the bailiff's provisional order (the bailiff's deposit account); within the limits of its competence, control in the prescribed sphere activities; , if necessary, performs the duties of the bailiff; exercises other powers under this Federal Act, the Federal Act on Enforcement, and as well as other normative legal acts. 3. The senior judicial bailiff has the right to assign to his deputies the duties of the bailiff. 4. In the performance of the duties of the bailiff, the senior bailiff and his deputies shall be subject to the duties and rights provided for by the bailiers by this Federal Law, the Federal Law " On " Article 11 of the Constitution of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of The duties and rights of bailiers to provide for the established 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; , by order of a court (judge) or judicial officer, to bring in persons who evade summons (judges) or judicial officer (s) (...) (...) (...) approved by the senior judicial bailiff, to bring in persons who evade the summons of the bailiff; , by order of the senior judicial bailiff, to ensure the security of the bailiff's 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 Internal Affairs; interoperate with personnel of the internal affairs agencies, military units (units) and other persons conducting escort and (or) guarding of persons in custody on the safety and security of escort persons; Special training, medical examination and periodic inspection (at least once per year) on fitness for action in the context of the use of physical force, special means and firearms. 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 (...) (...) apply physical force, special means and firearms in the cases and in the manner prescribed by this Federal Law. "; 11) in article 12, paragraph 2: (a), paragraph 9, amend to read: " In case of uncertainty as to the provisions of the executive document, the manner and manner of its execution, the court, the other authority, or the official who issued the executive document, with a statement explaining the method and order of its execution execution; "; b) to supplement new paragraphs 12 and 13 the following: ", when performing an executive action, verify identity documents from persons engaged in executive proceedings; , in the performance of official duties, to seek assistance from The officers of the internal affairs agencies, the migration authorities, the federal security agencies, the bodies responsible for the protection of the population and territories from emergency situations, other bodies of state power, and bodies of local authority Self-government, as well as members of the internal troops; "; (c) Paragraph 12 should read as follows: "to perform other acts provided for by the Federal Act on the Enforcement of the Enforcement Act."; 12), article 14, as follows: editions: " Article 14. Binding requirements of the 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 in the amount necessary for the performance of judicial duties in accordance with the laws of the Russian Federation on enforcement proceedings is provided at the request of the judicial bailiff in the form of certificates, documents and their copies free of charge and within the time limit set by them. 3. The information provided for in paragraph 2 of this article may, with the consent of the bailiff, be made available on electronic media, using institutional and technical measures to protect the information, if necessary. 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 by a judicial bailiff, is punishable under the law of the Russian Federation. "; 13) in article 17, paragraph 1: (a) in paragraph 5 of the" Militia ", replace the words" in the internal affairs agencies "; b) Paragraph 6 should read: " To the court, to the judicial officer of the bailiff service or to the bailiff of persons evading the legal requirements to appear in court, to the person conducting the judicial bailiff service or to the bailiff service. "; 14), in article 19, paragraph 1, the words "The actions of the bailiff" shall be replaced by the words "The orders, actions (omissions) of the bailiff". Article 2 1. This Federal Act shall enter into force on the date of its official publication, with the exception of article 1, paragraph 4, of this Federal Act. 2. Article 1, paragraph 4, of this Federal Law shall enter into force three years after the date of the official publication of this Federal Law. 3. Organizations, public associations and positions created prior to the entry into force of this Federal Act, not referred to in article 2-1 of Federal Act dated 21 July 1997 N 118-FZ "bailiths" (in the wording of this Federal Law) and the words "bailiff" in their name must be renamed or eliminated within 90 days from The Conference of the States parties to the Convention on the Rights of the Child President of the Russian Federation Dmitry Medvedev Moscow, Kremlin July 19, 2009 N 194-FZ