Bailiff Service Day
On November 1, Russia celebrates a professional holiday - Bailiff's Day, established in accordance with Decree of the President of the Russian Federation No. 1019 of September 8, 2009.
(October 19) On November 1, 1865, Emperor Alexander II signed a regulation that finally determined the status of bailiffs in Russia. The regulation established the order of introduction of judicial statutes approved in December 1864. And on November 6, 1997, two Federal Laws were adopted and came into force - “On Bailiffs” and “On Enforcement Proceedings”. These historical events served as the reason for choosing the date and subsequently establishing a professional holiday.
The first mention of bailiffs in our country is found in documentary acts from the period of feudal fragmentation of Rus'. Back then, the bailiffs had much greater powers: they could involve both the police and military units in their work, and, moreover, the responsibility for failure to comply with a court decision was more severe - up to prison sentences and hard labor.
In the 16th and 17th centuries, a unified judicial system with a global systematization of legal documents was already formed in Russia. It was during this period that the legal status of bailiffs was specified, and their functions were enshrined in law. By the way, during this period the bailiff was called a week-long worker, since he performed his duties for weeks, “to be in weeks.” And his responsibilities included: notifying the parties about the summons to court, assisting in the search for the accused and bringing him to court.
Thanks to the judicial reform of Alexander II (1864), the institution of bailiffs was created, which existed almost unchanged until the Bolsheviks came to power and was abolished by the Decree of the Council of People's Commissars on November 24, 1917.
For the first time since 1917, only 80 years later, the Russian state found it necessary to adopt special laws regulating legal relations in the field of enforcement of court decisions and other executive documents, forming a strictly structured bailiff service for their implementation. It was with the adoption of federal laws in 1997 that the revival of the bailiff service began.
Today, the Federal Bailiff Service of Russia (FSSP of Russia) is a federal executive body that carries out functions to ensure the established procedure for the activities of courts, the execution of judicial acts, acts of other bodies and officials, as well as law enforcement functions and functions of control and supervision in the established field of activity.
In its activities, the FSSP is guided by the Constitution of the Russian Federation, federal laws, acts of the President, Government and Ministry of Justice of Russia, international treaties of the Russian Federation, as well as the “Regulations on the Federal Bailiff Service”. It carries out its activities directly and (or) through territorial bodies of the constituent entities of the Russian Federation, including in interaction with other federal executive authorities, local governments, public associations and organizations.
And on their professional holiday, all employees of the FSSP of Russia receive congratulations from government officials, management and friends. Traditionally, ceremonial events are timed to coincide with this day, during which newly hired employees take an oath of allegiance to the law, and distinguished employees are awarded departmental and state awards.
November begins with a holiday dedicated to the work of bailiffs. The history of this celebration has ancient roots and connects it with the difficulties of the profession.
When is it celebrated? | Nov. 1 |
When was it founded? | In 2009, by Decree of the President of the Russian Federation |
Traditions | Organization of special events and concerts. Assignment of extraordinary titles. Awarding with distinctive signs of departmental and state significance. |
Reception days for bailiffs are extremely busy and there is an endless stream of ordinary people. And this despite the ambiguous attitude of our compatriots towards people of this profession. People rush to them for advice and help, but few people know that Bailiff Day is celebrated in Russia in November.
Who celebrates the holiday?
Even though the Bailiff's Day holiday is considered young, the profession has ancient roots. In Rus', the first mention of such a profession is found in special charters from Pskov and Novgorod, the date on which is the 13th century.
In those days, the bailiff's day was spent escorting the suspect to trial. Gradually, the range of responsibilities of people in this profession expanded. And the position acquired its peak significance during the time of Emperor Alexander, who carried out judicial reform.
Until the advent of the Soviet country, they carried out any decision of the judge, protected judicial officials and authorities, and controlled admission and the course of the court hearing. With the arrival of the communists, the system was destroyed and many responsibilities were transferred to the police. But historical changes associated with the collapse of the Union made it possible to return the profession to its historical flavor.
In the post-Soviet years, the service began to revive only in 1997, when the law “On Bailiffs” was adopted.
Bailiff Day in Russia
On November 1, Russia celebrates a professional holiday - Bailiff Day.
, established by Decree of the President of the Russian Federation No. 1019 of September 8, 2009.
(October 19) On November 1, 1865, Emperor Alexander II signed a regulation that finally determined the status of bailiffs in Russia. The regulation established the order of introduction of judicial statutes approved in December 1864. And on November 6, 1997, two Federal Laws were adopted and came into force - “On Bailiffs” and “On Enforcement Proceedings”. These historical events served as the reason for choosing the date and establishing a professional holiday.
The first mention of bailiffs is found in documentary acts from the period of feudal fragmentation of Rus'. Back then, bailiffs had much greater powers: for example, they could involve military units in their work, and moreover, liability for failure to comply with a court decision was more severe - up to prison sentences and hard labor.
In the 16th and 17th centuries, a unified judicial system with a global systematization of legal documents was already formed in Russia. It was during this period that the legal status of bailiffs was specified, and their functions were enshrined in law. By the way, during this period the bailiff was called a week-long worker, since he performed his duties for weeks, “to be in weeks.” His duties included: notifying the parties about the summons to court, assisting in the search for the accused and bringing him to court.
Thanks to the judicial reform of Alexander II (1864), the institution of bailiffs was created, which existed almost unchanged until the Bolsheviks came to power and was abolished by the Decree of the Council of People's Commissars on November 24, 1917.
Once again, the Russian state considered it necessary to adopt special laws regulating legal relations in the field of enforcement of court decisions and other executive documents, forming a strictly structured bailiff service for their implementation, only 80 years later. It was with the adoption of federal laws in 1997 that the revival of the bailiff service began.
Today, the Federal Bailiff Service of Russia (FSSP of Russia) is a federal executive body that carries out functions to ensure the established procedure for the activities of courts, the execution of judicial acts, acts of other bodies and officials, as well as law enforcement functions and functions of control and supervision in the established field of activity.
In its activities, the FSSP is guided by the Constitution of the Russian Federation, federal laws, acts of the President, Government and Ministry of Justice of Russia, international treaties of the Russian Federation, as well as the “Regulations on the Federal Bailiff Service”. It carries out its activities directly and (or) through territorial bodies of the constituent entities of the Russian Federation, including in interaction with other federal executive authorities, local governments, public associations and organizations.
On their professional holiday, all employees of the FSSP of Russia receive congratulations from government officials, management and friends. Traditionally, ceremonial events are timed to coincide with this day, during which newly hired employees take an oath of allegiance to the law, and distinguished employees are awarded departmental and state awards.
history of the holiday
The date was originally set for November 6th. It was on this day that federal laws appeared in 1997, regulating all the work and days of reception of bailiffs.
The establishment of the official date is associated with Medvedev’s Decree, which was issued in 2009. On its basis, a professional celebration is established. The date is chosen November 1, which is associated with the date of signing of the document regulating the work of bailiffs by Alexander II. Therefore, we will always celebrate Bailiff's Day 2021 on November 1.
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On September 8, 2009, the President of the Russian Federation Dmitry Medvedev signed Decree No. 1019 “On the establishment of Bailiff Day.” According to the Decree, our country has established a professional holiday for employees of the Federal Bailiff Service - Bailiff Day. From now on it is celebrated on November 1st. Judicial statutes, approved on November 20 (December 3), 1864, were put into effect in accordance with the Regulations signed by the emperor on October 19 (November 1, new style), 1865. This provision established the order of introduction of charters. Beginning in 1866, statutes were introduced in the districts of the St. Petersburg and Moscow judicial chambers. St. Petersburg and Moscow judicial chambers were formed with district courts subordinate to them, in which bailiffs were appointed, staffing was approved and annual salaries were determined. The number of bailiffs in the district courts subordinate to the St. Petersburg and Moscow judicial chambers amounted to 203 people. Thus, on October 19 (November 1), 1865, the status of bailiffs in Russia was finally determined. On this basis, it was proposed to consider November 1 as the date of celebration of Bailiff's Day.
CONGRATULATIONS BY THE DIRECTOR OF THE FSSP OF RUSSIA A.O. PARFENCHIKOVA HAPPY BAILTIFF DAY: https://www.fssprus.ru/news/document21264542/
“Today, November 1, 2012, at the monument to Emperor Alexander II on the territory of the Cathedral of Christ the Savior in Moscow, as part of the celebration of Bailiff Day, a solemn oath-taking ceremony was held by bailiffs of the FSSP of Russia departments in Moscow and the Moscow region.
The ceremony opened with the solemn laying of wreaths at the monument to Emperor Alexander II.
Taking the oath is a traditional and mandatory event when taking up the position of a bailiff. The swearing in was carried out by the Director of the Federal Bailiff Service - Chief Bailiff of the Russian Federation A.O. Parfenchikov.
Speaking at the ceremony, A.O. Parfenchikov warmly congratulated the workers on such a significant event. At the same time, the head of the FSSP of Russia noted that when taking the oath of a bailiff, everyone must be fully aware of the responsibility and significance of the position held. He also expressed confidence that the new employees will contribute to the work of the Bailiff Service for the benefit of society and the state.
Taking the Oath, bailiffs swore to comply with the Constitution of the Russian Federation and the laws of the Russian state, to honestly and conscientiously perform their official duties.
The swearing-in ceremony ended with a solemn march.” https://www.fssprus.ru/news/document21264688/
View photo album of the event : https://www.fssprus.ru/torzhestvennaja_ceremonija_privedenija_k_prisjage_sudebnykh_pristavov_1_nojabrja_2012/
Anthem of the Bailiff Service:
Music and lyrics by Yu. Avdeev “Bailiff, I have the honor...”
Themis' scales and heavy sword Our service has a symbol of justice. I believe that justice will become the essence: “The sword will not cut off the heads of the guilty.” But only there is legality in the world, Where there is enough strength to defend it. Bailiff, I have the honor to serve the sovereign Mother Russia.
The collectors around and the debtors change places over time, thanks to and in spite of which there is always someone dissatisfied with us. Not everyone wants to live according to the laws, Evil habits and disguises change. It is not without reason that we have to wear handcuffs on our belts.
I can hate and love like everyone else, but I have the fate of a soldier: I must protect both the right in court and the guilty, in an evil hour. There is only one place in the world where there is legality, where there is enough strength to defend it. Bailiff, I have the honor to serve the sovereign Mother Russia.
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PS For 10 years, I had the honor of wearing the uniform of a bailiff for OUPDS (ensuring the established order of court activities). Dismissed due to job cuts in August 2009. He served bravely and honestly, did not bow to crime and his superiors, which is why he did not become a 1st class lawyer in almost a decade of service. But he was noted in orders, encouraged and awarded more than once, which I remember now with pleasure.
In addition to the national oath of civil servants of the Russian Federation, in my daily activities I tried to be guided by the old oath of bailiffs of the Russian Empire:
Today, on the occasion of the anniversary of the Federal Bailiff Service, I will amuse visitors to Maxpark with several chapters from my book “Bailiffs of Pre-Petrine Russia (Essay on the history of the development of the institution of bailiffs in the 12th – 17th centuries)” - M., 2002.
For this work, back in 2002, I received FIRST PLACE at the Moscow competition of creative works among students and graduate students on the activities of the Russian justice authorities, held for the 200th anniversary of the Ministry of Justice of Russia (1802-2002).
IN THE SERVICE OF THE STATE
In the Russian calendar, the November dates are such that a number of law enforcement services celebrate their professional holidays: employees of internal affairs bodies, representatives of the largest unit of the Ministry of Internal Affairs - district commissioners, and since November 1, 2009, officially, according to the Presidential Decree, the day of the bailiff has been established. For the first time, the newspaper tells readers in detail about the work of this service.
No matter how effective the work of the courts is, without the actual execution of orders, any court decisions will be valid only on paper. It is the bailiffs who are the guarantors of compliance with the law. Specialists of this service monitor the execution of decisions made by Russian courts of various levels - district, magistrate, and arbitration courts. The scope of activity of bailiffs is quite wide: they work with both citizens and legal entities, collecting large debts on mortgage loans and traffic police fines, alimony and wage arrears.
About today's day of service - in an interview with the head of the bailiff department for the city district of Kinel and the municipal district of Kinelsky, Anna Petrovna Dokuchaeva.
— Anna Petrovna, tell us about the main tasks of the bailiff service.
— The institution of bailiffs has existed for a long time and our main task - the execution of a wide variety of judicial acts - remains unchanged. Today, the powers, rights and responsibilities of the bailiff are determined by the federal laws “On Bailiffs” and “On Enforcement Proceedings”. These documents indicate exactly what we can do and what reasons we may have for this.
We accept judicial acts for execution, initiate enforcement proceedings, search, arrest, and confiscate seized property, which is then transferred to storage and sent for sale to pay off existing debts. Also, to secure a claim filed by a claimant, we can seize funds, including those in bank accounts.
After the relevant decision is made, the debtor has five days to pay the debt. And if, after this time, a person does not take any action to pay off debt obligations, we use coercive measures. In total, since the beginning of this year, about 300 property seizures have been imposed for a total amount of more than 57 million rubles. Of course, confiscating seized property is unpleasant. And it is clear that debtors do not always part with it voluntarily. But this is our job.
— What difficulties does a bailiff have to face in his work?
— Very often, when carrying out various enforcement actions that I mentioned, the bailiff experiences serious opposition from debtors - these can be threats and aggression. That is why our employees always work in pairs - that is, a bailiff and a bailiff to ensure the established order of court activities (OUPDS) go to the debtor. The task of the first is to carry out all the necessary measures to seize the property, and the second is to ensure the protection of the bailiff.
— Anna Petrovna, let us dwell in more detail on the directions and results of the work of the bailiff service.
— In total, over the ten months of this year, our bailiffs were executing 13,528 proceedings totaling more than 748 million rubles. We have currently completed more than 8,900 enforcement proceedings worth more than 242 million rubles.
A large number of cases involve failure to fulfill alimony obligations. From the beginning of the year to the present day, bailiffs are working on more than 520 enforcement proceedings for alimony debts, their total amount exceeds 27 million rubles. Unfortunately, very often adults forget that responsibilities towards their children do not stop with a divorce. It’s even sadder that many of those whom the court has ordered to pay alimony try to hide their earnings in every possible way and pay as little as possible for child support. And some go into hiding altogether; we put such irresponsible parents on the wanted list.
Today, we have a total of 24 investigation cases under investigation, and 17 of them are “alimony” cases. Today, the law provides for strict punishment for those who evade paying alimony, including criminal liability. This year alone, we sent ten such cases to court, in which corresponding sentences were passed. Willful defaulters are sentenced to suspended sentences, fines, and correctional labor. In addition, an additional five percent of the income is withheld in favor of the state. Such debtors are also limited in their movement - until their alimony obligations are fulfilled, they will not be able to travel abroad. Over the ten months of this year, we have restricted travel outside Russia for 209 people with alimony arrears.
— In what other areas do bailiffs have a lot of work?
— Several such areas can be identified. These are debts of individuals: material, moral damage, debt settlements
squeaks. The number of cases on mortgage debts has increased significantly - since the beginning of the year there have been 57 of them, and the total amount of debt exceeds 119 million rubles. Proceedings in such cases can be completed either by full repayment of the existing debt, or by confiscation of the apartment from the debtor in favor of the creditor bank.
Extensive work is carried out by bailiffs to collect criminal fines, which the court imposes as an additional penalty. It is also often necessary to work with car owners who refuse to pay fines issued by the traffic police.
The population's debts on utility bills are not decreasing either. Let us again take the current year as an example: 461 enforcement proceedings, more than 9 million - the total amount of debt. In some cases, extreme measures have to be taken: for example, since the beginning of the year, the gas supply has been cut off in 40 residential premises whose owners had not paid their bills for a long time.
Another large area of work is the collection of wage arrears for employees of enterprises and organizations in the Kinel urban district and the Kinelsky municipal district. Since the beginning of this year, we have had 113 enforcement proceedings on such debts. The total amount that employers have not paid to their employees exceeds 860 thousand rubles. Currently, 101 such productions have been completed and the enterprise's debts have been paid off.
As you can see, the work of a bailiff is multifaceted - it includes working with documents and interacting with people. In addition, we often combine our efforts with other structures - for example, we go on raids with traffic police officers. For Knowledge Day, we are organizing an action, the main goal of which is to “awaken the conscience” of alimony defaulters. Another campaign is held in December, its name is “Debt-Free New Year.”
By the way, it is now quite easy to find out about the presence of debt or its absence if a person actively uses Internet resources. It is enough to go to the website of the Federal Bailiff Service, click on the “Data Bank of Legal Proceedings” section, enter your personal data - and information will appear on the screen about whether the citizen has any debts. Debtors can also contact our department on reception days: Tuesday, from 9 a.m. to 3 p.m. and Thursday, from 2 p.m. to 6 p.m.
— Tell us about the team of the Kinelsky Department of Bailiffs.
— Our service specialists are professionals, competent and responsible in their field. In order to get a job in the department, you must meet a large number of requirements: mandatory - higher legal or economic education, absence of criminal records and discrediting facts in the biography of not only the candidate himself, but also his close relatives. And, of course, responsibility, honesty, full compliance with the letter of the law in work.
Our team includes nine bailiffs and the same number of bailiffs to ensure the established order of court activities. They not only accompany bailiffs during visits to debtors. During court hearings, they are responsible for the safety of judges, jurors, witnesses, and trial participants. Detainees are escorted along with police officers. They must be prepared for any situation and have, among other things, good physical qualities. These positions are occupied predominantly by men.
Separately, I would like to say about specialists who have significant work experience. For more than twenty years, bailiffs Elena Evgenievna Mirgorodskaya and Yuri Nikolaevich Efremenko have been working in our structure.
The financial part rests with Irina Evgenievna Denisova, she holds the position of bailiff, responsible for maintaining the department’s deposit account. It is Irina Evgenievna who distributes the funds received for further repayment of debts under enforcement proceedings. Deputy head of the department Elena Sergeevna Ivashova previously worked in the regional center, in the bailiff department of the Sovetsky district.
Each of our employees deserves good words. But the main thing is that our team is friendly, united and efficient. We currently have several vacancies open - bailiff and bailiff for OUPDS. We are waiting in the department for specialists who are ready to work responsibly and do everything possible to ensure that the requirements of the law and court decisions are fulfilled unquestioningly.
The history of the service dates back to 1865. Then, a century and a half ago, Emperor Alexander II signed the Regulations on the introduction of judicial statutes. By that time, the institution of bailiffs already existed in many European countries.
A system of bailiffs was formed: private police officers, city investigative bailiffs, including judicial ones. The latter differed from the rest in that, along with the responsibilities associated with the activities of the court, they had to carry out enforcement, notification, as well as collection of money from debtors before the court decision, had the authority to execute court decisions, deliver subpoenas and papers to the parties in cases, execution other orders of the courts, including the execution of orders of the presiding judge at the court hearing, as well as the performance of certain other duties to ensure the needs of the courts.
The staffing number of bailiffs at each judicial place was determined by the relevant head. On average, there are 12-18 bailiffs per province. The relatively small number of bailiffs, by today's standards, is easily explained. In accordance with Art. 189 of the Charter of Criminal Procedure, along with bailiffs, sentences in terms of monetary penalties, as well as court decisions on remuneration of participants in the process for harm or losses, were assigned to volost and village chiefs, as well as local police officials.