Advanced Search

On Amendments To The Federal Law "on Bailiffs" And Certain Legislative Acts Of The Russian Federation

Original Language Title: О внесении изменений в Федеральный закон "О судебных приставах" и отдельные законодательные акты Российской Федерации

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Federal Law On Amendments to the Federal Law "On bailiff" and selected legislative acts Russian Federation Accepted State Duma of the Russian Federation on November 21, 2011 Approved by the Federation Council on 29 November 2011 (In the wording of federal laws dated 25.06.2012 N 88-FZ; , 30.12.2012 N 307-FZ; 28.12.2013 N 388-FZ; dated 21.07.2014 N 232-FZ Article 1 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3590; 2004, N 35, sect. 3607; 2007, N 10, est. 1156; 2008, N 30, sect. 3588; N 52, sect. 6235; 2009, N 29, sect. 3631) the following changes: 1) in article 2-1: (a) in the name of the word "phrase" by the court "substitute" by the words "bailiff" or "bailiff" and the ";" b) of the word "by the words" judicial bailiff "shall be replaced by the words" or "by" and "by" and by the words ", after the words" and in the names of the words "to be supplemented by the words" of the Federal Service " Court bailiers, "; (2) in article 3: a, paragraph 1 after "higher legal education" to be supplemented by the words ", for the bailiff, higher legal or higher economic education"; (b) in paragraph 3, the words "with a criminal record" shall be replaced by the words " which has been convicted of The offence of a court sentence which has entered into force shall have a criminal record or have a criminal record which is either withdrawn or paid off, or the statute of limitations shall cease to be subject to criminal prosecution. for the reconciliation of the parties, as a consequence of an amnesty act or in connection with remorse "; 3), article 10, paragraph 1, should read: " 1. The principal judicial bailiff is headed by a structural subdivision of the Federal Judicial Services Division or the judicial bailiff service of the constituent entity of the Russian Federation (remainder of the bailiff). "; 4) in article 11, paragraph 1: (a) to supplement the following new paragraphs by the twelfth and thirteenth preambular paragraphs: ", by order of the judge to forcibly remove a foreign national or a stateless person from the Russian Federation of the person referred to in the special institution established OF THE PRESIDENT OF THE RUSSIAN FEDERATION To transmit a foreign national or stateless person who has been sentenced to an administrative penalty in the form of forcible removal from the Russian Federation to the crossing point across the State border of the Russian Federation; " b) paragraphs 12 and 13, respectively paragraphs 14 and 15; 5), after the words "to the bailiff", add " as well as the requirements of enforcement of the enforcement document for compulsory expulsion OF THE PRESIDENT OF THE RUSSIAN FEDERATION for administrative offences (Legislative Assembly Russian Federation, 2002, 1; N 44, sect. 4295; 2003, N 27, sect. 2700, 2708, 2717; N 46, s.4434; N 50, est. 4847, 4855; 2004, N 31, st. 3229; N 34, st. 3529, 3533; 2005, N 1, st. 9, 13; N 10, est. 763; N 13, est. 1077; N 19, est. 1752; N 27, sect. 2719, 2721; N 30, est. 3104, 3131; N 40, sect. 3986; 2006, N 1, article 10; N 10, est. 1067; N 12, x123; N 17, p. 1776; N 18, st. 1907; No. 19, sect. 2066; N 23, st. 2380, 2385; N 31, st. 3420, 3438, 3452; N 45, sect. 4641; N 50, sect. 5279, 5281; N 52, sect. 5498; 2007, N 1, st. 21, 29; N 15, stop. 1743; N 26, est. 3089; N 30, est. 3755; N 31, st. 4001, 4007; N 41, est. 4845; N 43, sect. 5084; 2008, N 18, sect. 1941; N 30 3604; N 45, sect. 5143; N 49, sect. 5748; N 52, est. 6248; 2009, N 7, sect. 777; N 23, st. 2759; N 26, st. 3120, 3122, 3132; N 29, st. 3642; N 30, stop. 3739; N 52, sect. 6412; 2010, N 1, st. 1; N 21, sect. 2525, 2526; N 23, st. 2790; N 27, sect. 3416; N 30, est. 4000, 4002, 4006, 4007; N 31, est. 4164, 4192, 4195, 4207, 4208; N 49, sect. 6409; 2011, N 1, st. 10, 23, 29, 54; N 7, st. 901; N 17, sect. 2310, 2312; N 23, 100. 3260; N 27, est. 3873; N 29, st. 4289, 4298; N 30, sect. 4573, 4574, 4585, 4590, 4598, 4600, 4605, N 46, st. 6406) the following changes: 1) in article 3.10: (a) Part 1, after the words "State border of the Russian Federation outside the Russian Federation", with the addition of the words " (hereinafter referred to as forcible expulsion from the Russian Federation Federation) "; b) supplement Part 4 with the following: " 4. In the case of an administrative penalty in the form of administrative expulsion from the Russian Federation to a foreign national or a stateless person, the judge makes a decision on his forcible removal from the Russian Federation or controlled self-exit from the Russian Federation. "; in) to be supplemented with Part 5, as follows: " 5. In order to carry out the administrative penalty of forcible removal from the Russian Federation, a foreign national or stateless person is entitled to apply to such persons the detention in a special institution for The placement of foreign nationals and stateless persons subject to administrative expulsion from outside the Russian Federation. "; . An administrative penalty in the form of a controlled autonomous departure from the Russian Federation may be imposed on a foreign national or stateless person in the case of the exercise of administrative expulsion from the Russian Federation. a foreign national or stateless person's account, or by means of funds of an organ, diplomatic mission or consular office of a foreign State of which the person is expelled a foreign national, an international organization or a foreign national Article 16 of the Federal Act of 25 July 2002 on the Legal Status of Foreign Citizens in the Russian Federation. Content: " Article 17.8-1. Illegal use of the words "bailiff", "bailiff" and "educated" phrases Illegal use by a legal person or an individual entrepreneor in their name The "bailiff" or "bailiff" and the "bailiff" created on the basis of the phrase- entails the imposition of an administrative fine on an individual entrepreneor in the amount of 40,000 to fifty thousand rubles; for legal entities-from 300 $1 000 to 5 thousand roubles. "; 3) in article 20.25: (a) The name should read: " Article 20.25. Adoration from the execution of an administrative penalty "; b) to be completed with Part 3, reading: " 3. Admisation of a foreign national or stateless person from the execution of an administrative penalty in the form of administrative expulsion from the Russian Federation in the form of a controlled independent departure from the Russian Federation- entails an administrative fine of between 3,000 and 5,000 rubles and forced removal outside the Russian Federation. "; 4) in article 23.68, part 1, of the word" article 13.26, "shall be replaced by" articles 13.26; 17.8-1, "; 5) Part 1 of Article 27.1 to be supplemented by paragraph 12 "(12) placement in special institutions of foreign citizens or stateless persons subject to administrative expulsion from the territory of the Russian Federation in the form of forced removal from the Russian Federation."; "17.3, 17.8, 17.8, 17.8-1,", " 13.26, 17.3, 17.8, 17.8, 17.8, 17.8, 17.8, 17.8, 17.8, 17.8, 17.8, 17.8, 17.8, 17.8, 17.8, and 17.8. To ensure that the courts ' activities are "deleted, the figures" 17.3, 17.8, "replace the figures" 13.26, 17.3, 17.8, 17.8 to 1, "; 8), amend article 27.19 to read as follows: " Article 27.19. Placing in special institutions foreign nationals or stateless persons who are subject to administrative expulsion for limits of the Russian Federation 1. Placement of foreign nationals or stateless persons subject to forcible removal beyond the limits of the Russian Federation is to be placed in institutions under Russian legislation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION special institutions prior to forced expulsion from the Russian Federation THE RUSSIAN FEDERATION 2. The detention of foreign nationals or stateless persons for the purpose of enforcing the appointment of a judge in the case of a person who has not been allowed to leave Administrative punishment in the form of forcible removal from the Russian Federation or the decision of an official of the border authority against foreign nationals or stateless persons on administrative offences in the field of protection OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. A special institution established in accordance with the established procedure by the executive authorities of the constituent entity of the Russian Federation shall place a foreign national or stateless person on the basis of a judge's order, which is subject to immediate action. Federal executive authority authorized to carry out enforcement functions and ensure the established procedure for the operation of the courts, in accordance with the procedure established by the federal authority by the executive branch in the legal and regulatory framework To regulate in the field of the established procedure for the operation of the courts and the execution of judicial acts and acts of other bodies. 4. A foreign national or stateless person who has committed an administrative offence in the field of protection of the State border of the Russian Federation is placed in the designated premises of the border authority. Decisions of the judge or decision of the relevant official of the border authority. "; 9) paragraph 15, paragraph 2, of article 28.3 after" 19.7 ", supplemented by the words", paragraph 3 of article 20.25 "; 10), paragraph 2, of article 29.10, to be supplemented with a paragraph , to read: " When deciding on the case of Administrative offence against a foreign national or stateless person shall decide on the placement of a foreign national or a stateless person in a special institution if he or he appoints such persons an administrative penalty in the form of forcible removal from the Russian Federation. "; 11) to supplement article 31.3 with the following: " 5. In the case of an administrative offence, if the administrative offence has been ordered and the administrative penalty is imposed, the administrative offence has been established or the administrative offence has been abolished and the authority has been abolished. an official authorized to carry out the execution of the prescribed punishments, to apply the measures of enforcement of the proceedings in the case of an administrative offence or to exempt from the application of such measures, shall be certified in accordance with the established procedure. Copies of the Order indicating the part of the judgement in the case of an administrative offence shall be executed by the relevant authority, the official. "; The exercise of functions to ensure the established procedure for the operation of courts, the execution of judicial acts, acts of other bodies and officials, when appointing a judge to a foreign national or a stateless person, in the form of an administrative penalty OF THE PRESIDENT OF THE RUSSIAN FEDERATION Forced removal from the Russian Federation. "; 13) in article 32.10: (a) Part 4 is supplemented by the words" or to the materials of the executive proceedings "; b) part 5 is declared void; (c) should be supplemented with Part 6, as follows: " 6. A foreign national or stateless person who has been assigned an administrative penalty in the form of administrative expulsion from the Russian Federation in the form of a controlled autonomous departure from the Russian Federation is obliged to leave the Russian Federation. of the Russian Federation within five days after the date of entry into force of the judge's decision to impose an appropriate administrative penalty. "; g) to supplement Part 7 with the following: " 7. The Federal Executive Office, which is authorized to carry out monitoring and oversight functions in the field of migration, supervises the execution of a foreign national or stateless person's administrative order. Expulsion from the Russian Federation in the form of a controlled independent departure from the Russian Federation. ". Article 3 href=" ?docbody= &prevDoc= 102152692&backlink=1 & &nd=102078147 "target="contents"> N 115-FZ " Legal " OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3032; 2003, N 27, sect. 2700; 2004, N 35, sect. 3607; 2006, N 30, sect. 3286; 2010, N 30, sect. 4011) the following changes: 1) in paragraph 9 of Article 31: a) in the first word in the first word "in specially designated premises of the internal affairs agencies or" delete; b) (Uexpo-Federal Law dated 21.07.2014 N 232-FZ in) (Spconsumed by Federal Law of 21.07.2014) N 232-FZ) 2) in article 34: (a) paragraph 3 should read: " 3. The Federal Executive, which is authorized to carry out the functions of ensuring the established procedure for the operation of the courts, the execution of judicial acts, acts of other organs and officials, or its territorial authority, or border control. In accordance with their powers, the authorities carry out an administrative expulsion from the Russian Federation of a foreign citizen in the form of forced removal from the Russian Federation and submit information thereof to the federal authorities. of the executive branch dealing with matters of foreign affairs, as well as in Federal executive branch in the field of migration. The federal executive authority in the sphere of migration controls the execution of a foreign national or a person without the nationality of the administrative penalty imposed on him in the form of administrative expulsion from abroad of the Russian Federation in the form of a controlled independent departure from the Russian Federation. "; (b) in paragraph 5: , the words" internal affairs or "delete; (Uexpelated-Federal Law dated 21.07.2014. N 232-FZ) N 232-FZ) Article 4 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4849; 2009, N 1, article 14; N 51, est. 6162; 2011, N 30, sect. The following changes have been made to article 5, paragraph 2, paragraph 2, as follows: " 2. The direct execution of the enforcement of judicial acts, acts of other bodies and officials is vested in the bailie-out of the structural units of the Federal Court of Justice and its judicial offices. the territorial authorities (hereinafter referred to as the bailiers). "; 2) Part 14 of article 30 to supplement paragraph 7 with the following: " 7) on administrative expulsion from the territory of the Russian Federation in the form of forced and controlled movement of foreign nationals or stateless persons of the Russian Federation (hereinafter referred to as forcible expulsion from the Russian Federation of a foreign national or a stateless person). "; 3) Part 3 of article 35 is supplemented by paragraph 5, reading: " 5) The implementation of the requirements contained in the Executive Instrument for the Compulsory Expulsion of Expulsion beyond the Russian Federation of a Foreign Citizen or a stateless person. "; 4) Part 3 of Article 68 to supplement paragraph 10-1 with the following content: " 10-1) forced removal from the Russian Federation Foreign citizens or stateless persons; "; 5) Chapter 13 to supplement Article 109-1 as follows: " Article 109-1. Execution of the requirement in the executive requirement for administrative expulsion outside the Russian Federation of a foreign national or stateless person 1. The bailiff is the executor of the order issued by the judge to forcibly deport a foreign citizen or stateless person outside the Russian Federation. 2. The enforcement of a judge's order to forcibly deport a foreign national or stateless person is to obtain a travel document for such persons, to be escorted to the checkpoint through OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. A decision by a judge to forcibly remove a foreign national or stateless person from the Russian Federation shall be handed over to the bailiff at the same time as the documents available for forced expulsion from outside the territory of the Russian Federation. The Russian Federation Other necessary documents are requested by the bailiff after the execution of the executive by the federal executive, who is authorized to exercise supervisory and supervisory functions in the field of migration. 4. The bailiff does not later than the day following the date of receipt of the documents referred to in part 3 of this article, shall pass a decision on the transmission of a foreign national or a stateless person to the point of omission through The State Border of the Russian Federation. 5. The decision of the court bailiff to transmit the foreign citizen or stateless person to the checkpoint across the State border of the Russian Federation shall be approved by the senior judicial bailiff or his deputy and shall be transmitted (a) The Court of Justice 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 6. The performance of the judicial bailiff in order to ensure the established procedure for the operation of the courts by the bailiff's court, as provided for in part 5 of this article, shall be effected by the transfer of a foreign national or a person without of the Russian Federation to the State border of the Russian Federation and to the official transfer of these persons to the border authorities, which is a bilateral act. 7. In the execution of the requirement contained in the executive document for the forcible expulsion of a foreign national or a stateless person outside the Russian Federation, the officers of the bailiff service shall cooperate with the federal authorities. The executive branch of the executive branch, the federal executive body responsible for foreign affairs, the federal executive authority responsible for matters relating to the question of migration, and security, in accordance with the procedure established by the joint regulatory legal framework Acts. 8. The bailiff shall issue a ruling on the termination of the enforcement proceeding pursuant to article 47, paragraph 1, of this Federal Act, after the entry into it of the act of crossing by a foreign national OF THE PRESIDENT OF THE RUSSIAN FEDERATION 9. A copy of the judgement of the bailiff on the termination of the executive proceedings is sent to the court which issued the executive document, the federal executive authority, the Commissioner of the Executive (c) Implementation of migration control and oversight functions and the federal executive authority responsible for foreign affairs. "; 6) in article 112, paragraph 5, add to paragraph 5, reading: " 5) Enforcement Documents Containing the Requirements for Expulsion of the Russian Federation of foreign citizens or stateless persons. ". Article 5 Article 54 of the Federal Law of 7 February Russian Law Assembly of the Russian Federation (Parliament) of the Russian Federation, 2011, No. 900; N 27, est. 3881) to be supplemented with Part 1-2 as follows: " 1-2. Before the establishment, in accordance with the established procedure, of the executive authorities of the constituent entities of the Russian Federation and the introduction of special institutions for the maintenance of foreign nationals and stateless persons subject to administrative expulsion OF THE PRESIDENT OF THE RUSSIAN FEDERATION internal affairs bodies, but not later than 1 July 2012. ". Article 6 1. This Federal Act shall enter into force on 1 January 2012, with the exception of subparagraph (a) of article 1, paragraph 2, of this Federal Act. 2. Article 1, paragraph 2, subparagraph (a), of this Federal Act shall enter into force three years after the date of the official publication of this Federal Law. 3. (Spconsumed by Federal Law of 28.12.2013) N 388-FZ) 4. From the date of the entry into force of this Federal Law and the until 1 April 2014 , the bailimen have the right to transmit foreign nationals and stateless persons subject to forcible removal beyond the borders of the Russian Federation. THE RUSSIAN FEDERATION In the wording of federal laws of 25.06.2012 N 88-FZ; of 30.12.2012 N 307-FZ; 28.12.2013 N 388-FZ) 5. 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 "On bailiths" (in the wording of this Federal Law) and the words "bailiff" or "bailiff" or "bailiff" in their name must be renamed or liquidated within ninety days from the date of entry into force of this Federal Law. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin 6 December 2011 N 410-FZ