What determines the duties of a bailiff?

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What determines the duties of a bailiff?
What determines the duties of a bailiff?

Video: What determines the duties of a bailiff?

Video: What determines the duties of a bailiff?
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The duties of a bailiff are established by the job description at the place of service, but it must be based on the legislation of the Russian Federation, primarily on federal law number 118, adopted in 1997, July 21 (“On bailiffs”). Here it is immediately worth noting that the normative act distinguishes two types of bailiffs: employees who ensure the activities of the courts and bailiffs.

duties of a bailiff
duties of a bailiff

Bailiffs are fingerprinted

The duties of a bailiff (performer) include the passage of special training, as well as state fingerprint registration. Employees of this department are required to wear uniforms and distinctive signs, to have appropriate certificates, and in some cases, weapons. According to article 8 of the above law, individual ranks after training can carry, store firearms that have certain limits of use.

The duties of a bailiff are set out in article No. 12 of the regulatory act "On bailiffs". In accordance with this section of the document, the bailiff must work in such a way as to ensure the execution of the decisions and documents entrusted to him. Its competence includes providing the parties (in enforcement proceedings) with documents for review, obtaining personal data of persons and their processing, declaring and searching for persons, obtaining documents and certificates.

duties of a bailiff
duties of a bailiff

The bailiff can freeze the account

In addition, the duties of a bailiff (executor) imply the right to check employers if they have employees who must take any action on executive documents. They also have the right to visit, open premises or vaults (if there are relevant decisions), the right to seize the debtor's property and other valuables, including cash, held in accounts with credit institutions.

The official duties of a bailiff-executor allow him to declare a search for property, a child, use non-residential premises for non-permanent storage of received property, check documents of a particular person, and perform other actions from the sphere of enforcement proceedings established by law. The bailiff mustbe an impartial person, otherwise he must recuse himself. Chapter 15 of the aforementioned law establishes the conditions and limits for the use of special means, physical force or weapons. In accordance with it, the duties of the employee include warning the opposite side about the intention to use them, minimizing damage and providing medical assistance to injured persons.

bailiff executor official duties
bailiff executor official duties

Information not to be disclosed

What other functions does the bailiff perform? Job responsibilities here also indicate that the employee must keep state secrets and not disclose information about the private life, dignity and honor of citizens about whom any data was received. The work of a bailiff is quite difficult, since it is necessary to find the persons indicated in the decisions, conduct explanatory conversations with them about the fulfillment of obligations, and in some cases “take the premises with a fight”, describe the property, which is unpleasant from a psychological point of view, and sometimes from the side of physical he alth. Salaries in this area vary depending on the level of subordination from 15 to 45 thousand rubles. Employees are paid travel, compensation for the use of personal transport.

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