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Work in bailiffs. Bailiff-executor

Автор:   •  Январь 22, 2023  •  Доклад  •  5,177 Слов (21 Страниц)  •  9 Просмотры

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МИНИСТЕРСТВО ОБРАЗОВАНИЯ И НАУКИ РОССИЙСКОЙ ФЕДЕРАЦИИ

ФЕДЕРАЛЬНОЕ ГОСУДАРСТВЕННОЕ БЮДЖЕТНОЕ ОБРАЗОВАТЕЛЬНОЕ

УЧРЕЖДЕНИЕ ВЫСШЕГО ОБРАЗОВАНИЯ

«ТУЛЬСКИЙ ГОСУДАРСТВЕННЫЙ УНИВЕРСИТЕТ»

Кафедра Иностранных языков

Текст

по профилю специальности

в области научного исследование объемом в 25.000 п. зн.

Work in bailiffs. Bailiff-executor.

40.04.01 Уголовный процесс, криминалистика, оперативно — розыскная деятельность

Выполнил:        _________________           Магистрант кафедры ПиПД
                                                                       Кокотко О.А

Проверил:         _________________         Старший преподаватель

                                                                      Розанова О. В.

Тула — 2023

The Bailiff Service is part of the system of bodies of the Ministry of Justice of the Russian Federation, is a federal executive body that performs 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. The powers of the bailiff service, the procedure for its organization and activities are determined by the Federal Law "On Enforcement Proceedings" and the Federal Law "On Bailiffs". The direct exercise of functions for the enforcement of executive documents is entrusted to bailiffs.

In accordance with the Decree of the President of the Russian Federation of 09.03.2004 No. 314 "On the System and Structure of Federal Executive Bodies", work on the reorganization of the Ministry of Justice of the Russian Federation and the creation of federal services subordinate to it has been completed. Pursuant to this decree, the bailiff service of the Ministry of Justice of the Russian Federation was reorganized into the Federal Bailiff Service.

Today, the Federal Bailiff Service includes the central office, 83 territorial bodies in the constituent entities of the Russian Federation. Territorial bodies consist of management offices of these bodies and units (departments) of bailiffs, the number of which is currently more than 2500. Bailiff units are divided into district, interdistrict or other units established in accordance with the administrative and territorial division of the constituent entities of the Russian Federation, as well as specialized subdivisions entrusted with the functions of performing a special category of executive documents, such as decisions of arbitration courts, executive documents related to the collection of mandatory payments. The Law on Enforcement Proceedings defines the Federal Bailiff Service and its territorial bodies as authorized bodies for the enforcement of judicial acts, acts of other bodies and officials.

No one doubts the demand for the bailiff service. It has established itself as a fairly effective law enforcement agency. The bailiff service is now entrusted with a number of responsible functions in the search for debtors and their property, inquiry and administrative practice. It should be noted that the bailiff service is under development, its activities are being improved. Measures are being taken to ensure the most effective and complete execution of judicial acts and acts of other bodies, to ensure the established procedure for the activities of the courts. Currently, the bailiff service is successfully coping with these tasks.

The Federal Bailiff Service performs the function of ensuring the established procedure for the activities of the courts directly and through the territorial bodies of the FSSP of Russia.

Bailiffs to ensure the established procedure for the activities of the courts have the right to use physical force, special means and firearms, if other measures have not ensured the performance of their duties.

When using physical force, special means and firearms, the bailiff to ensure the established procedure for the activities of the courts is obliged:

- to warn of the intention to use them, while providing persons against whom physical force, special means and firearms are supposed to be used sufficient time to fulfill their requirements, except in cases where delay poses an immediate danger to the life and health of the bailiff or other citizens, may lead to other serious consequences or when such a warning is impossible in the created situation;

- to use this force, means and weapons commensurate with the nature and degree of danger of the offense, the force of the opposition, striving to ensure that any damage caused is minimal;

- to provide pre-medical care to persons who have suffered injuries and notify their relatives as soon as possible.

In the performance of his duties, the bailiff to ensure the established procedure for the activities of the courts in accordance with the specific situation independently, within the limits of the powers granted to him, determines a set of measures aimed at suppressing illegal actions. Control over the implementation of functions and powers to ensure the established procedure for the activities of the courts is carried out:

- head of the territorial body of the FSSP of Russia

- the chief bailiff of the subject of the Russian Federation - the head of the department for organizing the work of bailiffs to ensure the established procedure for the activities of the courts - senior bailiffs.

Activities of the bailiff - executor.

Compulsory enforcement of judicial acts and acts of other bodies in the Russian Federation is entrusted to the service of bailiffs. The direct exercise of functions for the execution of judicial acts and acts of other bodies is entrusted to bailiffs united in district, interdistrict or corresponding to them according to the administrative and territorial division departments of bailiffs. The requirements of the bailiff for the execution of judicial acts and acts of other bodies are mandatory for all bodies, organizations, officials and citizens throughout the territory of the Russian Federation. In case of failure to comply with the requirements of the bailiff, he applies the measures provided for by federal laws. Resistance to the bailiff in the exercise of his functions for the execution of judicial acts and acts of other bodies entails liability provided for by the legislation of the Russian Federation.

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