- Статьи
- Society
- Service without judicial: with criminal cases in the past will not be hired as bailiffs
Service without judicial: with criminal cases in the past will not be hired as bailiffs
The criminal background of candidates for service in the Federal Bailiff Service will become an obstacle to employment. The Cabinet of Ministers has approved the bill developed by the Ministry of Justice, Izvestiya has learned. Now, it is possible to enter the service in case of committing crimes of small or medium gravity, such as fraud or embezzlement. Candidates who are not allowed to join the Federal Service for the Prevention of Crime may go to collection bureaus, experts believe. There, despite the strong tightening of legislation, they continue to put pressure on debtors.
What restrictions are being imposed
People on whom criminal cases were initiated and closed in connection with compensation for damage, will be prohibited from becoming bailiffs. Such amendments to the law "On service in the bodies of compulsory execution" were developed by the Ministry of Justice. On Monday, January 27, the amendments were approved by the Government Commission on Legislative Activity (the document is at the disposal of Izvestia), as reported by the editorial board's sources in the Cabinet.
Now any Russian who meets the requirements established by law can become a bailiff, recalled Vladimir Kuznetsov, chairman of the All-Russian Union of Mediators.
- That is, any person who has reached the age of 20 and has secondary (complete) general or secondary vocational education," he said. - For a senior bailiff - higher legal education.
The position of bailiff can not occupy a person who has been convicted of a crime under a court sentence or has a criminal record, including withdrawn or expunged, reminded court lawyer Ilya Vasilchuk.
- Even if a candidate for bailiffs criminal prosecution is terminated due to expiration of the statute of limitations and other non-rehabilitating circumstances, he will not be able to enter the service, - said the expert. - There are other restrictions: citizenship or residence permit of another state, false documents.
The bill is designed to improve the legal regulation related to service in compulsory enforcement agencies, Vladimir Gruzdev, Chairman of the Board of the Association of Lawyers of Russia, told Izvestia.
- In accordance with Articles 76.1 ("Release from criminal liability in connection with compensation of damage") and 76.2 ("Release from criminal liability with the imposition of a judicial fine") of the Criminal Code, a person who has committed a crime for the first time in certain categories of cases in the sphere of economic activity may be released from criminal liability in connection with compensation of damage," he reminded. - Also, the termination of the case can be obtained by persons who have committed a crime of small or medium gravity for the first time. They are assigned a judicial fine on condition of compensation of damage.
In particular, we are talking about tax crimes, as well as fraud, embezzlement, causing property damage by deception, illegal entrepreneurship, illegal trafficking of metals and other structures.
- But, taking into account the special status of the Federal Service for the Prevention of Crime and the requirements and restrictions imposed on it, exemption from criminal liability is incompatible with the presence of such a person in the service, - emphasized Vladimir Gruzdev. - This bill provides that a citizen can no longer be accepted for service with these circumstances.
The exception is, according to the Chairman of the Board of the UBA, persons who have been released by the court from criminal liability in connection with the imposition of a judicial fine in criminal cases of private prosecution. For example, cases of battery, slander and willful injury to health. They must have been terminated at least three years before the day of entry into service.
How to simplify dismissal from the Federal Service for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
The amendments proposed by the Ministry of Justice introduce new grounds for termination or termination of the contract.
- They also stipulate the obligation of an employee to notify his or her immediate supervisor in advance about part-time activities: pedagogical, scientific and creative," said Vladimir Gruzdev. - And also about participation in events as athletes, which do not lead to a conflict of interest and do not entail deterioration in the performance of the employee's duties.
Now the contract with an employee convicted of a crime is terminated after the entry into force of the court sentence. At the same time, if on that day the defendant was in an isolation cell, the contract is terminated from the day the employee is actually taken into custody.
- It is proposed to clarify this norm," the expert said. - If on the day of entry into legal force of a court conviction the employee was under house arrest, the contract shall be terminated from the day of election of this preventive measure. The draft law also specifies the mechanism for determining the term of imposing a penalty on an employee who has committed a corruption offense. For dismissal for loss of confidence, the list of exceptions to the termination of a contract is supplemented.
The amendments have been agreed with the FSSP and the Ministry of Finance. Introduce the bill in the State Duma should in March 2025. "Izvestia" sent a request to the Federal Service for Supervision of the Federal Security Service with a request to explain why the amendments were necessary.
The bailiff-executive is the sword of justice, as it is he who ensures the execution of court decisions, emphasized Ilya Vasilchuk.
- The course on humanization of criminal law in our country cannot soften the requirements that apply to bailiffs-executors, in this regard, the Ministry of Justice has developed a bill that will allow to maintain high requirements for the candidate, - added the lawyer.
How bailiffs work
Cases when bailiffs behave like debt collectors are either few or not well known, Vladimir Kuznetsov said. However, as civil lawyer Alla Georgieva pointed out, the human factor has not been canceled.
- Sometimes, even when performing their official duty, bailiffs exceed their authority, - said the expert. - In practice, there was a case when bailiffs came to the debtor, who lived in the private sector. But he was not at home. The bailiffs climbed over the fence, broke into the debtor's living quarters and started to remove the property they liked.
When the debtor arrived, the bailiffs continued to remove the property, referring to the right given to them. But the procedure was violated, as no one had not notified the person about the debt, about the appearance to the bailiff, about coercive measures against the property.
- The bailiffs took away things from the debtor, which actually should not have been on the black list, - said Alla Georgieva. For example, a musical instrument of a child, who was studying at the music school, was seized. The bailiffs did not want to return it, hoping that the father would pay at least part of the debt.
The lawyer also recalled a case when bailiffs, traveling to the address of the debtor, intimidated relatives and seized things that belonged to them.
- Such behavior is more similar to that of debt collectors, when they exceeded their authority for debts - intimidated, took away property, - added Alla Georgieva. - Often debtors do not appeal against such methods of work, as it is an additional expense. But they do not know their rights and methods of appeal or are afraid of new visits of officials.
It is quite possible that the bailiffs who have not passed the new requirements, working with compulsory collection, may go into collection, the expert believes. Vladimir Kuznetsov reminded that recently the regulation against them has become stricter in terms of limiting the frequency and permissible time of calls to the debtor. The methods themselves are roughly as follows: sending SMS reminders about the debt, making calls, as well as going to court to collect the debt or transferring the debt to another collection agency.
Переведено сервисом «Яндекс Переводчик»
