How to go abroad with debts? Nuances and tips

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

During the holiday season, people go to rest in different countries of the world. But not everyone manages to get to the place. Several million Russians have been banned from leaving the country due to outstanding debts. But not all citizens are aware of the existence of this ban. Read more about how and with what debt you can go abroad.

The core of the problem

Today, many Russians have debts in the form of unpaid alimony, loans, utility bills and fines. The situation with debtors has especially deteriorated due to the economic crisis and sanctions from the European Union. Due to the instability of the currency, the population is less able to repay payments.

However, during the holiday season, Russians are increasingly preferring holidays abroad rather than within the country. Crossing the border implies border control. Customs looks after the transported goods and money, and the border guards give permission to enter / exit the country. They act according to received from the bailiffsresolution. Therefore, unscrupulous borrowers may have a question about how to go abroad with loan debts.

Legislative restrictions

According to Federal Law No. 114 “On the procedure for leaving the Russian Federation”, you cannot leave the country:

• People who have access to state secrets (1 and 2 forms of clearance) within 5 years after the last acquaintance with classified information.
• Persons in military service.
• Suspected, accused.
• Convicted before serving their sentence or release.
• Persons who have not fulfilled their obligations to the court.
• Citizens who knowingly reported false information about themselves when processing documents.
• To FSB officers.
• Bankrupt.

Let's consider the fifth point separately. It may concern people on whom non-property obligations are imposed. If this person complies with the order of the court - publicly apologizes to the offended person, moves out of the apartment, deletes other people's photos, paint over the obscene inscription - then the ban will be lifted.

What debt will keep you from going abroad?

Under current legislation, if a person owes more than 10,000 RUB, his data is entered into the register. Such violators will be able to leave the territory of the Russian Federation after the full repayment of the debt. As of June 2017, the database of the Federal Bailiff Service (FSSP) included 1.6 million “active” enforcement proceedings (several cases can be opened per person). Their number is constantly increasing. For 5 months of 2018, another 310 thousand people were added to the register.man.

What is a ban

The very fact of having a debt does not impose a ban. Only after a court decision is a person assigned the status of “not allowed to travel abroad”. The decision is made on the basis of a claim from the creditor organization. Then it is transferred to the FSSP, where the register of debtors is formed. The plaintiff can also be a private organization. Not only banks, but also utilities apply to the court. Initially, the ban is imposed for six months. If during this period the debt is not returned, then the period of "being" in the black list is extended.

The borrower must be informed of the imposition of a ban by a letter from the executive service. If during this period a person changed his place of residence, then he may not know about the presence of a ban. This news will overtake him the next time he tries to leave the territory of the Russian Federation.

Separately, you should consider the subtleties of how to go abroad with debts. In order for a border guard to stop a citizen, in addition to outstanding debt, there must also be such reasons:

• valid writ of execution (if the accounts payable were formed more than three years ago, the limitation period for it has already expired);
• a court decision that has entered into force, that is, it should not be subject to an appeal procedure;
• debtor's evasion from fulfillment of claims without good reason.

In the absence of one of these conditions, the legality of the imposition of a ban can be challenged in court.

A child support debtor who did not pay compensation for damageshe alth, death of the breadwinner, for property, moral damage may not be released from the country if there is a debt amount of more than 10,000 rubles. A six-month restriction may be imposed at the initiative of the bailiff or at the request of the creditor, if the debtor has not voluntarily repaid the debt within two months. The restriction is valid from the moment the writ of execution is signed, and not from the day it reaches the bailiffs.

How to check debts

In the event of a ban, the debtor receives a notification. There is no open base in which one could check this fact yet.

If the borrower is ready to repay the debt immediately or agree on an installment plan, then you can contact the bailiff with a passport. If you are not ready to pay yet, then it is better not to appear in front of your eyes. After all, it may be that the ban is not yet ready, but after the appearance of the borrower, the FSSP employees will quickly compose and send a letter to the Border Guard Service. And such situations happen.

A special service is presented on the website of the Federal Bailiff Service (FSSP). It is enough for a citizen to indicate his full name, date of birth, region of registration and launch the verification form. It displays information about all debts of a citizen. Some debts can be paid directly on the site. It is better, of course, not to bring the situation to the bailiffs. If the borrower does not meet the deadline for the voluntary execution of the decision (5 days from the date of receipt of the sheet), then he will have to pay a court fee (7% of the amount, at least 1,000 rubles) and a pen alty for each dayoverdue.

Debts to the tax, PF, for housing and communal services, for alimony can be found on the portal "Gosuslugi" and paid here. Information on overdue loan payments can be obtained free of charge once a year at the Credit Bureau.

You can check the information on whether it is possible to go abroad with debts and whether there is a ban at all, on the website "Nelet. RF". Data is collected from all sources at once.

Where to pay off the debt?

You can pay your debt anywhere. But the exit will be allowed only after the removal of the ban from the base of the Border Guard Service. This process takes from two weeks to a month. How to go abroad with debts in this case? Report the repayment of the debt to the bailiff so that he lifts the ban. In 2019, it is planned to create bailiffs' offices at border points. This will greatly speed up the process.

Countries of the Customs Union

For many years, borrowers left the border through Belarus and Kazakhstan. The Russians bought tickets for a transit train, for example, through Kazakhstan, where their passports were not checked, but did not get off at their destination, but in Astana. How to go abroad with debts through Kazakhstan today? This option won't work anymore. The border services began to actively unite the bases of debtors. Messages appear on the forums about the removal of passengers from trains for having outstanding debts. But there are still workarounds.

How to go abroad with debts through Belarus? In 2006, an agreement was signed between the Russian Federation and the Republic of Belarus on the creation of the Union State, ensuring equal rightscitizens for movement, choice of place of stay and residence. Russians can cross the border without filling out a migration card and passing through customs control. Therefore, the debtors could use the transit scheme and get to Minsk, and then to their destination. The return to the territory of the Russian Federation was carried out according to the same scheme. Crossing the border was not recorded by the customs officers of any of the countries. According to the papers, the debtor remained in the Russian Federation, but in fact he was abroad. But to date, the Ministry of Justice of the Russian Federation has developed and signed an agreement that will not allow persons with a debt of 10 thousand rubles or more to cross the border of neighboring states, including Belarus and Kazakhstan.

How to go abroad with debts: tips

You can take a chance and use the transit scheme if you have a Schengen visa in your passport. For example, buy a ticket to Kaliningrad, present a simplified transit document at the Russian customs, which allows you to travel in transit, and Lithuanian - a Schengen visa and exit in Vilnius. From there, move on to your route. This is a semi-legal way. A Schengen visa is needed if a person wants to stay in the territory of the Republic of Lithuania. With a simplified document, you cannot get off the train in Lithuania. If on the territory of Lithuania a citizen is stopped by local authorities, then a simple warning will not work. The punishment for such a violation is deportation from the country for 5 years. In accordance with Art. 18 of the Federal Law “On the procedure for leaving the Russian Federation”, a foreign passport can be withdrawn until the restriction is lifted. True, today the borderservices rarely resort to such measures. Nevertheless, it is not recommended to use such a dubious method. It is better to deal with debts first, and then calmly go abroad.

Is it possible to go abroad with debts? You can take a risk and go on a trip. But in such a situation, there is always a risk that the borrower will be turned back to the Russian Federation at customs, and he will lose the money spent on the trip.

If there is no desire to take risks and the ability to pay off debts, then travel around Russia. There are no restrictions on movement within the country. In the case of an air flight to a Russian city, a person goes through pre-flight inspection without border control. That is, the passport is not checked in the FSSP. The same scheme applies when boarding a train or intercity bus.

These are the problems that may arise for those who decide to go abroad with debts. The nuances discussed earlier should be considered before planning a trip.

How to lift the ban?

The first restriction is imposed for six months. During this time, you can fully repay the debt and bring receipts to the FSSP. Or wait two weeks for the ban to be lifted.

The borrower may try to convince the FSSP employee to pay off the debt soon. Or provide compelling reasons to travel abroad. These can be: a serious illness or death of a relative abroad, urgent medical care for a debtor, accompanying a patient abroad. The parties (lender and borrower) can reach a compromise and draw up a settlement agreement. Other grounds for lifting the ban include the cancellationwrit of execution and bankruptcy of the organization of the creditor.

The decision to lift restrictions is made a day in advance. But the processing of this information in all databases takes time. Usually, 15 days pass from the moment the decision is made to the update of information in the database of the border services. And this is provided that the borrower himself notifies the FSSP about the repayment of the debt. So the issue of debt repayment should be addressed as soon as possible.

It is important to understand that several enforcement proceedings from each creditor can be imposed on the same citizen. Cancellation of one of them does not affect the operation of others. Even if there is a copy of the decision to lift the restriction, the border guard does not have the right to release a citizen until the information is updated in the database. Another bad news is that bailiffs have their own database. None of them can 100% guarantee that the ban in the base of the border guards has been lifted.

Special occasions

In July 2017, the Federal Law “On Enforcement Proceedings” was amended regarding the amount of debt. What kind of debt can not go abroad? Since October 2017, the amount has been increased to 30,000 rubles. The innovation does not apply to debtors who evade payment of alimony and damages.

A citizen is allocated 5 days for voluntary repayment of debt. After its completion, by a court decision, a writ of execution will be formed with a ban on leaving the country. True, the travel ban threshold can be reduced to 10,000 rubles. The rule applies to bank borrowers andorganizations that provide utility services. For all other “socially significant payments” (alimony, compensation for harm to he alth, property), the threshold remains the same - 30 thousand rubles.

Among other innovations, it is planned to reduce the time for updating information in the database of border guards from 14 days to several days, and also to enable not only bailiffs, but also bailiffs under the FSSP to issue bans.

Precautions

The most important thing to do is to check for debts on various services before leaving. If you were "turned" at the border, but you did not receive a notification, there is a chance to return the money spent and receive compensation for non-pecuniary damage.

You must register on the State Services website. This is a lengthy procedure, as the taxpayer will have to apply to the PF. It displays information about all the debts of a citizen of the Russian Federation. You can also pay it off in full or in part, as well as print a receipt through the site. In the absence of registration on the State Services portal, you can register on the websites of each of the inspections separately (FTS, traffic police, housing and communal services, etc.). But this process will take much longer.

You should check your credit history at least once a year. The Bureau issues such requests free of charge. If an outstanding debt is found, the issue should be resolved with the bank before the trip.

The good news is there is a legal way to get outabroad with debts. Even if the writ of execution arrived a few days before the trip, the borrower has the right to prepare and send an application to the court by registered mail within 10 days. It is very important that the copy of the application has a mark on the acceptance of the document by the court. You won't have to pay a stamp duty. This document must be immediately taken to the FSSP department and there you will receive a mark of receipt. If, before a court decision is made, the bailiff sends the data of such a debtor to the database, the consequences for him will be very sad. As mentioned earlier, one of the conditions for the ban is the presence of an unappealed court decision.

Conclusion

Due to the deteriorating economic situation, every citizen can be blacklisted. The worst thing is that a person will not even guess that a ban has been imposed on him. The very fact of having a loan from a bank or debt for utilities is not yet a basis for imposing a ban. The key is the presence of unpaid (overdue) debt. The creditor, whether a commercial or government organization, must file a lawsuit and win it. Border guards have the right not to release a citizen who owes the state 10-30 thousand rubles. How to go abroad with debts? The borrower always has the opportunity to delay the time and appeal the court decision. But it's better to be safe. And check your debts so you can go abroad without any problems or hassle.