Enforcement proceedings are a process that is initiated after a lawsuit regarding non-payment of a debt. The creditor, IRS, or other payee has the right to sue. If the judge rules in his favor, enforcement proceedings will be opened against the person with the debt. The Federal Bailiff Service will intervene in the case. It has the right to seize a person’s property and sell it at auction, as well as block accounts and automatically withdraw up to 50% of income from them. All this is done to pay off the debt. Since the trial can be carried out without the presence of the defendant, the person himself may not know that the bailiffs are looking for him. Fortunately, if necessary, you can find out about this in just a few clicks - the FSSP itself provides this opportunity.
Who needs it and why?
Information about whether a person has violated the law and whether a criminal case has been filed against him may be needed when applying for a job .
Very often, when issuing loans or loans , bank employees check a person for reliability and absence of criminal records and conclusions in a special case. institutions.
Now this is one of the main procedures and it is considered mandatory. In this case, it will not be possible to deceive the bank, since even the oldest cases are in the register.
The criminal case, number and decision may be needed directly by a citizen who himself was unable to attend the court hearing.
If a situation arises that requires proof that a criminal case has not been opened against a person , you need to use a special registry.
The file contains all past and current court cases. The file cabinet may not show some files that are hidden from public inspection because they contain documents that cannot be disclosed.
Legal provisions that allow you to find out information
Until recently, it was almost impossible for an ordinary citizen to find out information about criminal cases or court hearings.
To obtain the necessary information, it was necessary to contact the relevant structures in writing , which sent a response within a certain time, or contact friends, which is essentially a violation of the law.
Now everything has become much simpler. After the adoption of the Federal Law No. 262 “On ensuring access to information about the activities of courts in the Russian Federation,” every citizen can obtain information about court decisions.
But information about serious and especially serious crimes will most likely be closed and will be available only after the decision comes into effect. And although this law has a large number of shortcomings, it can significantly save time searching for a case and its solution.
Such information can be used for employers and various institutions.
How does a criminal trial proceed? You will find the procedure algorithm on our website.
FAQ
How long does it take for the bailiffs to close the case?
There are no exact dates, it all depends on the circumstances and the specific bailiff. If the debtor is initially determined to be hopeless, the case may be closed within 3-5 months. Otherwise, approximately six months after the last movement of money in the account.
Can bailiffs close a case?
They can on the basis of one of the paragraphs of Article 46 of Federal Law 229 On Enforcement Proceedings. Most often we are talking about Article 4: all the measures taken by the bailiff did not produce results.
How many times can the claimant resume proceedings?
The law does not limit him in this. He can reopen the case six months after the closure of the IP. If the bailiff closes it again, after six months the claimant can repeat the action.
The case was closed a long time ago, but the debt reappeared in the FSSP database, why?
The debt owner has 3 years to reopen the case. In your case, he exercised this right. Perhaps the bank sold the debt to collectors, and they resumed the case.
Case closed, can I fly abroad?
It is possible, provided that this was the only debt that created an obstacle to this. But hurry, the case may reopen.
Sources:
- Consultant Plus: Federal Law “On Enforcement Proceedings”.
about the author
Irina Rusanova - higher education at the International East European University in the direction of "Banking". Graduated with honors from the Russian Economic Institute named after G.V. Plekhanov with a major in Finance and Credit. Ten years of experience in leading Russian banks: Alfa-Bank, Renaissance Credit, Home Credit Bank, Delta Credit, ATB, Svyaznoy (closed). He is an analyst and expert of the Brobank service on banking and financial stability. [email protected]
Is this article useful? Not really
Help us find out how much this article helped you. If something is missing or the information is not accurate, please report it below in the comments or write to us by email
How to find out if a criminal case has been opened?
to check on the Internet if there is a criminal case against you.
This was created in order to relieve office workers and allows citizens of the country to get acquainted with the necessary information without contacting the relevant authorities. This saves time not only for ordinary people, but also for service workers.
You can find out whether a case has been opened at the police department .
If illegal actions have been committed against you, you can find out whether the police have opened a criminal case or not.
If the answer is no, you need to inquire about what caused the refusal to initiate a case.
If you need to find out whether a criminal case has been opened against you, then contacting the police department is very strange and reckless. You need to ask your loved ones or relatives to do this.
There are really many options to find out whether there is a criminal case, but if you have not broken the law, then you should not worry .
Search options
Criminal cases may relate to late repayment of a loan or due to evasion of military service. To know whether there is a criminal case, you need to contact the FSPP or the military registration and enlistment office, respectively.
You can go there without fear, since bailiffs or military registration and enlistment office employees do not have the right to detain you.
Criminal cases may be opened for violating traffic rules and causing or participating in an accident. In such cases, you need to contact the traffic police .
In each individual case, you need to look for options for finding a criminal case.
There is no specific place where all criminal cases are collected, so the search may take a long time.
In some cases, law enforcement agencies themselves send requests indicating that a criminal case has been filed against you.
Is it possible to check online?
As already mentioned, now every citizen can find out all the necessary information while sitting at home .
But to do this via the Internet, you need to go to a special automated system where all criminal cases and court decisions are collected.
But, certain information may be necessary to learn about the case in more detail. You can find out whether a criminal case has been opened using several specific criteria:
- By last name . If you know the person's last name, all you need to do is enter it and read all the information on the site. All cases are collected on the portal; you just need to enter the name of either the defendant or the defendant. It is best to conduct searches if there is additional information that will speed up the process, this could be the name of the court where the hearing took place or the specific time of the hearing.
- According to IIN. An identification number can significantly speed up the search process on the site. The taxpayer code is a unique set of numbers that is not repeated again, and if a criminal case was opened, then the TIN number must be entered into the database. With an IIN number, searching for a case is very simple and effective.
- By case number. If you still know that a criminal case has been opened and you have a case number, then you can enter it into the system.
The website will collect scans of all documents and the court decision, and all data about the applicant will be collected there. It is very easy to get acquainted with the case online and this makes it possible to organize a high-quality defense and win the case.
Why know about the existence of a claim?
There are often situations when a person suddenly receives a decision to initiate enforcement proceedings against him.
Sometimes bailiffs come to describe the property with a full package of documents: a court decision, a writ of execution. The legislation does not directly disclose how to find out for free when the court will be held by last name via the Internet; information about the possibility of electronic information comes indirectly - Art. 177 Arbitration Procedure Code of the Russian Federation. People get confused and don’t check their documents, although very often the requirements are exaggerated and penalties are increased many times over. In a word, having received unexpected news that he is the losing party, a person, out of confusion, makes many mistakes and loses the opportunity to protect himself and his property. It also happens that in the case there is a signed notification of receipt of the claim by an unknown person.
To avoid finding yourself in such a situation, remember that today debt collection proceedings have been simplified; court orders are issued to creditors without notifying the debtor. Therefore, knowing how to find a court order by number is important to ensure your legal security.
Proven methods
Sometimes searching for a criminal case can take more than one day. There are several proven methods:
- Appeal to the investigative committee. You need to apply in person and this is only possible for relatives and direct participants in the criminal case (suspects and victims). The Investigative Committee has the right to refuse to provide the necessary information. Referring to the legislative framework, the investigative committee may not show you certain documents and refuse to search for the case, but there must be good reasons for this.
- Using the Justice portal.
A special website allows you to find out about the opening of a criminal case or find out any court decision. This Internet resource contains data from the following courts: supreme, federal, arbitration, council of judges and decisions of the Supreme Examination Commission. Depending on where the trial was held, you need to enter the name in a specific line. The website must record all pending and resolved criminal cases. All information can be searched using special additional devices. These may be certain judicial acts, participants in the process. Now the Justice portal is enjoying great success, as the system works quickly and efficiently. All documents are in full, and the site supports a database of many courts. - You can find out information in each specific court . This can be done either in person or online. Now almost every court has its own separate website, where approved decisions and various regulations are constantly posted. The search can be carried out as usual: enter the last name, TIN number, case number or time of consideration of the case. Court websites have various additional legal advice and necessary documents. If you look for a criminal case with the help of one specific court, this can be called the most correct solution. This search method can be called the most successful and fastest.
If there is a need to find out the existence of a criminal case, then you can use the methods described above.
But this is not always a guarantee of success .
Searching for a criminal case against a specific person is sometimes very difficult. And to speed up this process, you need to have a lot of information in order to narrow your searches and find the information you need faster.
Read about the initiation of a criminal case as a stage of the criminal process here.
Unified Register of Inspections of the General Prosecutor's Office of the Russian Federation
In accordance with Article 13.3 of the Federal Law of December 26, 2008 N 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control,” the operator of the unified register of inspections ensures placement on a specialized website on the Internet. the following publicly available information from the unified register of inspections:
- — verification account number;
- - information specified in the order or order of the head, deputy head of the state control (supervision) body, municipal control and provided for in paragraphs 1 - 6 and 9 of part 2 of article 14 of this Federal Law;
- - information indicated in the inspection report and provided for in paragraphs 1 - 6 of part 2 of article 16 of this Federal Law;
- — indication of the results of the inspection (whether violations of mandatory requirements and requirements established by municipal legal acts were identified during the inspection);
- - an indication of the measures taken in relation to violations identified during the inspection, on appealing the relevant decisions and actions (inaction) of the state control (supervision) body, municipal control body, their officials and on the results of such an appeal.
We wish you fruitful, comfortable work on the portal, using the search for organizations and obtaining information from the Unified Register of Inspections! Your HONEST BUSINESS.RF.
