Bailiff Service Day in Russia - November 1: history and features of the holiday

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The Day of the Bailiff of the Russian Federation is traditionally celebrated on the first day of the last month of autumn. This is a professional holiday of people who ensure the execution of court decisions, which are provided for by state laws. A bailiff is an official whose duties include the enforcement of court orders.

Story

Alexander II signed a regulation on October 19, which determined the status of the bailiff in the state. This document determined the successive introduction of the judicial statutes of 1864.

In the chronicles of the 15th century from the Pskov and Novgorod settlements, this profession was first mentioned. Then they served to present the accused sovereign to the court of the Grand Duke.

The Russian judicial system began its activity in the 16th and early 17th centuries; all documents defining legal relations were systematized. At the legislative level, I received specifics and the status of the bailiff was officially determined.

But in the 18th century the position was abolished and transferred to the gendarmerie. And only in 1864, due to the introduction of a new judicial reform, an institute for bailiffs was formed. This circumstance imposed a number of responsibilities on the bailiff. He was responsible for accompanying the jurors leaving the court, providing tickets for open court hearings, and reporting to the judge about all the participants in the meeting and their readiness for the hearing. He demanded silence during the trial and monitored order during the court hearing.

The legal institution functioned until the first quarter of the 20th century, but in 1917 the Council of People's Commissars abolished it, believing that the population would independently fulfill its obligations before the law. Bailiffs joined the ranks of civil servants, and the entire previous system was eliminated.

The collapse of the Soviet Union did not in any way affect the accounting of bailiffs. In 1997, this profession began to revive. The introduction of two federal laws determined the enforcement proceedings themselves, and also legislated the official duties of the bailiffs monitoring its execution. At the same time, special laws were published that regulated legal relations in the field of executive documents, as well as in the enforcement of court decisions. And after the administrative reform, the bailiff service appeared at the federal level.

Interesting Facts

In 2014, the FSSP increased the state budget by 125 billion rubles.

The Federal Bailiff Service of Russia has a distinctive sign - a green beret. However, only the most professionally trained specialists can obtain it. In 2012, the director of the FSSP of the Russian Federation approved the Order on the introduction of the green beret exam. In addition, those who successfully pass this test are awarded a combat knife “Combat” - a reward weapon.

Bailiffs may describe pets as property of the debtor. A similar situation happened in Primorye, where a debt of almost 17,000 rubles from a businessman was recovered thanks to a husky puppy. Bailiffs decided to describe it as property. In this regard, the debt was repaid in full.

About the profession

A bailiff is a difficult and even dangerous profession. Their direct responsibility is to monitor strict adherence to the law. The bailiff maintains order during court hearings, does not allow outsiders to attend the hearings, guards the court premises, and monitors order during court hearings. Searches for debtors, seizes and describes their movable and immovable property, and is subsequently responsible for its sale and storage. Obliged to enforce court decisions; in addition, the duties of the bailiff include other powers that are enshrined in the law.

Bailiff Day is celebrated in Russia

Bailiff's Day has been celebrated in Russia on November 1 since 2009, after the Presidential Decree "On the establishment of Bailiff's Day." In a short period - from 1997 to 2009 - bailiffs celebrated their holiday on November 6, since it was on this day in 1997 that two Federal Laws came into force in Russia: “On Bailiffs” and “On Enforcement Proceedings”. From that moment on, a new government structure appeared in the country: the Bailiff Service of the Ministry of Justice of the Russian Federation.

RIA Novosti / Kirill Kallinikov

History of the profession

The bailiff service has a rich history; it was abolished several times, but the department has proven its necessity and effectiveness in its work. The first mentions of bailiffs are found in documents of Ancient Rus' - in the Novgorod and Pskov charters.

Initially, the word “bailiff” was not even a position. This was the name given to the executor of various judicial duties. In the 16th–17th centuries, when a unified judicial system had already been formed. It was then that the legal status of bailiffs was established. They were then called “weeklies” - in accordance with the schedule, the bailiffs were given weeks to perform their duties. And also week workers were not allowed to work in their native lands.

A. M. Vasnetsov. Courtyard of the appanage prince.

Colleagues of bailiffs from the past not only notified about the summons to court, assisted in the search, but also had to deliver the prisoner to the hearing. Also, the duties of protecting a potential criminal fell on the shoulders of the bailiffs of Rus'. At the same time, in the service they could use force, and, if necessary, involve entire military units.

A unified all-Russian judicial system was formed in the 16th–19th centuries. A global systematization of regulatory documents has emerged, and the legal status of bailiffs has been specified - their rights and responsibilities have been legislated.

In 1782, the position of a police bailiff appeared - a local or city bailiff. And since 1873, police officers appeared in the villages. In the same 19th century, due to the fact that court cases could drag on for years, bailiffs were abolished in the Russian Empire, and their functions were transferred to the police. But not for long.

Wikimedia

The “newest” history of bailiffs begins on November 1, 1865 (new style), when Alexander II signed an imperial decree with the words “The Highest Approved Regulations on the Entry into Force of Judicial Statutes on November 20, 1864.” The regulations established the order of introduction of judicial statutes, approved on December 3 (November 20), 1864.

Bailiffs were under the control of judicial departments; they were attached to pestilence judges, district courts and magistrates' congresses. Getting into this position was not easy. Firstly, they did not accept foreigners, persons under investigation or those with court sentences. You also had to be over 21 years old. If there was resistance to the bailiff, the perpetrators were severely punished. The bailiff himself was also responsible for his work - failure to fulfill his duties could even result in criminal liability.

At that time, the duties of bailiffs included escorting jurors when leaving the courtroom and admitting the public to the court hearing with tickets. Before the start of the meeting, the bailiff reported to the presiding officer about readiness, and then commanded: “Everyone stand up.”

The bailiff service existed unchanged until the Bolsheviks came to power, who liquidated it along with the tsarist judicial system on November 24, 1917 by decree of the Council of People's Commissars (SNK). All judicial and government bodies of the Russian system were dissolved. During the Soviet years, there was no need for the bailiff service in power.

Bailiffs in the USSR

Only 80 years later, after perestroika and the collapse of the USSR, laws were adopted in Russia that revived the service. On April 18, 1991, the RSFSR Law “On the Police” was adopted. According to it, the police, within the limits of their competence, also had to carry out court rulings and judges’ orders to bring in persons who evade appearing when summoned, as well as assist the judicial authorities in carrying out procedural actions.

RIA Novosti / Igor Zarembo

Bailiffs of modern Russia

The revival of the institution of bailiffs began in 1997, when two federal laws were adopted - “On Bailiffs” and “On Enforcement Proceedings”, which became the legislative basis for organizing an independent institution of bailiffs.

In 2007, a new Federal Law “On Enforcement Proceedings” was adopted, according to which bailiffs are employees of the Federal Bailiff Service.

Today, the Federal Bailiff Service (FSSP) executes court decisions, ensures the established procedure for the activities of courts, carries out the functions of inquiry, and also carries out the search for debtors and their property.

Historical reference

FSSP employees strictly comply with the “Regulations on the Federal Bailiff Service”. They are on duty in the courtroom, maintaining order and ensuring the safety of the participants in the process. Then they monitor the implementation of decisions made by the court.

On a note!

On April 25, 2008, the badge of a bailiff was established, which he must wear while on duty. After successfully passing the qualification tests, he receives the right to wear the green beret - a symbol of professional excellence.

For the first time, bailiffs are mentioned in surviving documents of feudal Rus'. They were appointed by the prince or the city council. They had great powers and high status. In the Russian Empire, their functions were transferred to the police, but in 1864 Emperor Alexander II carried out a reform. Bailiffs could begin to perform their duties only after checking their “reliable morality” and ability for public service.

After a year of successful service, the bailiff was confirmed in the position. The candidate was sworn in by a clergyman in the courtroom in the presence of members of the court. He received:

• a certificate indicating the place assigned to him for work and residence;
• seal;
• special sign.

Such workers were called weekly workers because they performed their duties for weeks, alternating work with rest. They had to inform the participants in the trial about the time of the meeting, as well as find and bring the accused to court.

In Rus', bailiffs could turn to the military for help. Punishments for resistance during the execution of decrees were stricter - up to arrest or hard labor.

In 1917, the Bolsheviks, by decree of the Council of People's Commissars No. 1, liquidated the tsarist judicial system. Bailiffs were replaced by bailiffs, entrusting the duties of the former to the police. According to Soviet laws, failure to comply with court decisions was punishable, which allowed the state to do without additional inspectors. After the collapse of the USSR, in 1997 the Federal Laws “On Bailiffs” and “On Enforcement Proceedings” were adopted, which returned the previously abolished position.

Who celebrates

Bailiff Service Day on November 1 is a common holiday for representatives of the FSSP who work in Moscow and the regions. It can be noted by junior, senior, leading specialists, persons involved in ensuring order in court, international search for property, minor children, search and seizure of the debtor’s assets in favor of the defendant. Office workers involved in writing, support work, and document management can also count on congratulations.

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As celebrated around the world

Different states have their own executive bodies - private or state-controlled. Thus, in Finland, the service is an executive body whose activities are regulated by constitutional law. The structure of the system is close to the Russian one; an agreement on international cooperation has been concluded between the countries.

In Germany there is no uniform legislative act on enforcement proceedings. A person is appointed to serve for life and cannot be dismissed (except in cases of committing a crime). The bailiff is reimbursed for medical expenses, given 30 days of leave, while renting premises and purchasing equipment falls on the shoulders of this person (employees here can be considered entrepreneurs).

In Spain there are no separate persons for the execution of court decisions; this function is assigned to the prosecutor's office.

Many countries have special days for celebrations dedicated to bailiffs. On these dates, new employees take an oath of allegiance to the state, and experienced performers are presented with awards from the department. On this day, employees receive incentive bonuses.

When is the holiday celebrated?

Bailiff's Day is celebrated annually on November 1. This year the date falls on a Sunday, so all representatives of this service will have a day off. The event was formalized by presidential decree in 2009. Since that time, the celebration has been held officially, with awards for successful employees and thematic events.

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