Executive. Code of Administrative Offenses of the Russian Federation. Definition, rights and responsibilities

The main task facing the employees of the Bailiff Service is to ensure the principle of legality. The breadth of their official powers allows them to ensure the established procedure for the activities of courts and carry out forced execution of court decisions. When faced with the use of force by bailiffs, it is important to be able to assess the legality of such actions and protect your own rights.

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Concept of an official

A Russian citizen performing the functions of a government representative is called an official. Moreover, power does not necessarily have to be state power. A person can acquire the status in question by occupying a senior position in a public institution, party, enterprise or even in a production organization. In most cases, the functions that an official performs are closely related to administrative, economic and organizational activities.

There are several definitions of the concept “official”. The Code of Administrative Offenses of the Russian Federation states that an individual has committed an administrative offense. The Criminal Code of the Russian Federation refers to a criminal offense, and the Civil Code of the Russian Federation refers to civil legal relations. If we look at the concept through the prism of the Russian elite, then we are talking about a representative of a government body of the Russian Federation. Next we should consider the definition provided by the Russian Administrative Code.

Official: Art. 2.4 Code of Administrative Offenses of the Russian Federation

The Administrative Code of Russia provides a comprehensive definition of the presented concept. According to the law, an official is a citizen who is vested with certain powers in the manner prescribed by law. A person extends his functions to citizens who are not officially dependent on him.

Officials, as defined by the Code of Administrative Offenses, perform functions of an administrative, economic and administrative-organizational nature. Such persons may exercise their powers in the following public spheres:

• Russian Armed Forces;
• local government authorities;
• state and municipal organizations.

Persons who violated the duties and powers assigned to them will be punished in accordance with the articles of the Code of Administrative Offenses “On Officials”. Some such articles will be discussed in detail below.

If a FSSP officer used force

During enforcement procedures, FSSP employees have the right to use force to detain the debtor or repel his attack, as well as to force the implementation of legal enforcement actions. Thus, the Law “On Compulsory Enforcement Bodies...” No. 118 defines a number of cases in which a bailiff can use combat techniques, firearms or a means of special protection against a citizen.

Federal Law No. 328 “On Service in Compulsory Enforcement Bodies...”, which entered into force on January 1, 2022, actually equated the FSSP to the law enforcement agency. Already today, bailiffs have the right to break down doors and enter a house without the consent of the debtor. According to political analysts, the powers of bailiffs to use force will be expanded in the near future. Given great opportunities and a corrupt personnel structure, it is quite likely that FSSP officers will start beating civilians.

A citizen who is faced with the use of force by a bailiff must honestly assess the legality of the civil servant’s actions and, depending on the result of the assessment, develop a plan of behavior.

About the status of an official

Who is an official under the Code of Administrative Offenses of the Russian Federation? This question can be answered, but only by first determining the status of the person. To do this, it is necessary to pay attention to the legal regulation of assigned powers. Moreover, the status does not depend on the objective implementation of the functions performed.

An official has the right to exercise the rights entrusted to him or to refrain from them. However, a citizen cannot refuse his duties. Thus, in this area an equal ratio of imperative and dispositive principles prevails. In administrative law, it is possible to identify private and public activities that fall under the jurisdiction of an official. It should be noted that such identification is possible only in the field of administrative law. Thus, in the criminal sphere, a person has the opportunity to exercise only public powers.

Ingenuity and loyalty to the rescue

The bailiff informs (calls) the participants in the case about upcoming legally significant actions of enforcement proceedings through modern means of communication, by summons, or by telegram.

Notices on paper are delivered in person against signature. A representative of the FSSP can also transfer papers to an adult family member living together against his signature and with his consent.

Recent changes to the enforcement process give bailiffs the power to seize property without prior notice. However, within the next period after the inventory, the worker defendant will be notified of the actions that took place in documents. It does not matter whether a person was present during the procedure or not.

When an arrest is unavoidable, we advise you to remove all valuables from your home. You can hide them too. Government officials do not have the right to search a home without a search document. It is possible, for example, that the refrigerator was purchased on credit in the name of another person. He is not yours - he is not subject to arrest. But this will need to be documented, showing a loan agreement, a receipt from the store, or a purchase and sale document.

If bailiffs arrive, do not insult the bailiffs while performing their powers, do not threaten. Don't even think about starting a fight. Such actions are fraught with criminal liability with a real sentence.

We recommend building a constructive relationship with the FSSP at the entire stage of the enforcement case. Representatives of the service will meet the needs of loyal debtors halfway and provide the opportunity for significant installment plans to repay the debt.

Features of an official in administrative law

The Code of Administrative Offenses establishes types of liability for both legal entities and officials. In most cases, sanctions are imposed on a citizen for improper performance of duties, or for complete failure to perform them.

Officials may bear responsibility both in the administrative sphere and in any other field. In particular, it is not uncommon for a citizen to be sentenced under criminal law. In criminal legislation, officials are understood as citizens who temporarily or permanently exercise the functions of a government representative. Chapter 30 of the Criminal Code of the Russian Federation is entirely devoted to officials.

The Code of Administrative Offenses of the Russian Federation provides a much broader and more voluminous definition. In administrative law, the subject of liability is the person who committed an offense within the scope of his powers. These are not only managers and representatives of the commanding staff, but also ordinary government employees performing administrative, economic and managerial functions.

How debtors' rights are violated in enforcement proceedings

1. The bailiffs seized property that was prohibited from recovery by procedural law. These are products, household items, clothing, equipment for professional activities, transport for the disabled and some other things.
2. The bailiff seized the accounts for the transfer of social benefits, the money was written off in full, and also without notifying the debtor of the decision with a copy of the resolution and without providing a mandatory 5-day period for repaying debts.
3. Arrest without a resolution within the framework of enforcement proceedings (issued by a bailiff). Or the form of the Resolution does not correspond to the model established by law.
4. The arrest must be carried out in the presence of witnesses.
5. Inspection, inspection and search of premises are different procedural actions. If the bailiffs turn everything upside down, challenge the actions of the employees in court.
6. Inventory of property owned by third parties. In this case, the abuse of power by bailiffs is challenged through the competent authorities. The guarantor for loans is liable equally with the debtor.
7. In general, the debtor has 10 days to appeal the arrest procedure. Statistics show that there is more than enough abuse, intentional or due to low qualifications of bailiffs . Therefore, in 70% of cases, courts partially or fully satisfy the claims of a citizen who has lost his property. The debtor also has the right of priority to purchase the property at auction. As a rule, a seized TV and other things are sold for next to nothing, and the person or his relatives have every right to “buy back” what they lost. The FSSP has no right to refuse. Rights

Officials and ordinary citizens

In the administrative and legal sphere, officials are considered to be both representatives of government authorities and some ordinary employees. So what is the difference between ordinary people and officials? According to the Code of Administrative Offenses of the Russian Federation, the category of officials includes citizens working in government bodies and performing a number of administrative and economic functions there. This should also include individuals engaged in entrepreneurial activities - the so-called individual entrepreneurs. This is where many complaints and disputes arise.

One might think that individual entrepreneurs are far from the Code of Administrative Offenses definition of “official”. If we take the activities of individual entrepreneurs, as well as violations in the sphere of exercising powers, then the legal nature will resemble the activities of ordinary legal entities. persons The motives, the nature of the acts, the composition of the violations - all this indicates the distance between the individual entrepreneur and the officials. And this is no coincidence. Recently, the legislator has really begun to move away from the identification of individual entrepreneurs and official citizens. A number of individual cases have shown that the liability of entrepreneurs has increasingly begun to be formed based on the affairs of legal entities. A simple example is a recent note to Article 16.1 of the Code of Administrative Offenses of the Russian Federation. The liability of an individual entrepreneur now falls into the legal category. persons, but not in all cases. So far, a similar rule applies to Article 7.34 of the Code of Administrative Offenses on violation of the use of land plots.

Still, it’s better not to “get caught”

No matter how hard a debtor tries to avoid collecting overdue payments and loans, he still has to pay. Serious restrictive measures on the part of the state for debtors and the expanding powers of bailiffs from year to year leave no chance for defaulters.

If the debt is completely unmanageable, you can turn to personal bankruptcy . In general, it is better not to fall into a debt trap. Pay apartment bills and child support on time, and in an effort to satisfy consumer demands through lending, you should soberly calculate your own financial capabilities.

Offenses by officials

The “special part” of the Russian Administrative Code contains 442 articles. Of these, 330 are devoted to the responsibility of officials—that’s almost three quarters. Most of the articles are devoted to the entrepreneurial and organizational and economic activities of citizens. It is worth highlighting offenses in the following areas:

• encroachment on civil rights (50 articles from Chapter 5 of the Code of Administrative Offenses of the Russian Federation);
• protection of property (29 articles from Chapter 7 of the Code of Administrative Offenses of the Russian Federation);
• ecology, environmental management and environmental protection (38 articles from Chapter 8 of the Code of Administrative Offenses of the Russian Federation);
• agriculture, land reclamation and veterinary medicine (14 articles from Chapter 10);
• communication and information (23 articles from Chapter 13 of the Code of Administrative Offenses of the Russian Federation);
• industry, energy and construction (14 articles from Chapter 9);
• finance and taxes, as well as business activities (59 articles from chapters 14 and 15);
• customs sphere (21 articles from Chapter 16);
• encroachment on government bodies of the Russian Federation (10 articles from Chapter 17);
• military registration (4 articles from Chapter 21);
• management order (19 articles from Chapter 19).

Thus, the responsibility of officials in the Code of Administrative Offenses is provided for almost everywhere.

Sanctions for offenses

Are there any special types of sanctions for officials? The Russian Administrative Code states that imposing punishment on an organization does not exempt officials from liability. The most common type of punishment for such citizens is an administrative fine and disqualification.

In the latter case, we are talking about deprivation of the opportunity to hold a professional position for a period determined by the court. A simple example is the highest official of a constituent entity of the Russian Federation. The governor, head of the republic, district or any other region may be dismissed for any offense. Sometimes disqualification may coincide with lustration - but only in cases of change of power throughout the country.

Who compensates for damage from illegal actions

To compensate for damage caused by unlawful decisions, actions or inactions of a bailiff, it is necessary to file a claim in court. The defendant in such a claim should be the Ministry of Finance of the Russian Federation, and the co-defendant should be the territorial Department of the FSSP. In the event of a positive court decision, compensation for damage is made from budget money from the treasury of a particular municipality.

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Examples of officials

It is not so easy to determine an official by legal status alone. The Code of Administrative Offenses, unfortunately, does not provide detailed information about individual types of professions. That is why it is worth considering examples from practice.

Often citizens get a job, after which they cannot understand whether they are officials. Rights and responsibilities in this case are the best way to determine status. For example, you can take a storekeeper. It would seem that such an employee can acquire the status in question? In fact, he can if he signs a document on financial responsibility. In this case, he will have administrative powers and will have the right to accept or issue goods at his own discretion. This happens, but not often: sometimes employers decide to entrust their subordinates with some of their own functions. Whether this is good or not is a moot point. Ordinary workers, having received the status of an official, acquire a special type of responsibility. Therefore, they may be subject to sanctions if the entire organization commits violations.

Rights and obligations of officials

From the problem of assigning responsibility to officials, it is worth moving on to the problem of assigning responsibility on behalf of such citizens. Officials from the system of government bodies have the duty of protecting the state system and combating lawlessness. Their main task is to ensure expedient, conscientious, fair and legal bringing of order violators to administrative responsibility. To do this, a circle of government officials is determined, who are officials, after which they are vested with powers.

More than sixty supervisory authorities consider administrative cases, of which there are about four hundred in the Administrative Code. For example, police departments deal with 50 types of violations, among which are the areas of traffic, law enforcement, etc. In police departments, officials are managers and their deputies. These are the people who consider cases of violation of the law.

Rights of the defendant before the FSSP

When bailiffs get down to business, their powers have certain limits. The opportunity for a citizen to defend himself is provided by Article 50 of the Law on Enforcement Procedure. A citizen has the right:

• Familiarize yourself with the package of documents of the enforcement case;
• Make statements;
• Make copies of documents;
• During the process, submit petitions and provide additional papers and materials;
• During the enforcement process, provide explanations in written or oral form (the first is preferable);
• Provide your own reasons for non-payment of debt on paper;
• File objections to the actions of participants in the enforcement case;
• File a settlement through the court with the plaintiff during the execution of the decision on collection;
• Appeal decisions of FSSP officials, make challenges, submit applications.

Tasks of officials

It is worth considering the work of officials in identifying offenses using the example of the Department of Internal Affairs. It is this authority that carries out most of the functions in the field of crime prevention and suppression. Cases of the following nature are being considered:

• violation of the rules of stay at the state border;
• appearing in public places while drunk;
• petty hooliganism;
• drinking alcohol in public places;
• violation of road safety rules, etc.

The power of the Department of Internal Affairs affects many spheres of public life, but it is not unlimited. It is also worth noting that actions and inactions of an official that do not comply with the law can be identified and condemned by another official.

Illegal actions of bailiffs

Based on judicial practice and statistics from the FSSP website, most often the following actions of bailiffs are grounds for appeal:

• erroneous accrual of performance fees;
• unlawful initiation (or termination) of an individual entrepreneur;
• illegal seizure of property (incomparable in price or not belonging to the debtor);
• erroneous debiting of money from bank accounts;
• sale of seized property at a reduced price (below the market price);
• failure to comply with IL requirements;
• return of IL to the plaintiff due to impossibility of collection.

Authorized authorities

Which officials have the right to decide cases of administrative offenses? It all depends on the severity of the violation of the law. So, it is worth paying attention to the following authorities:

• customs and tax authorities, military registration and enlistment offices, border services;
• ATS;
• executive agencies;
• collegiate administrative commissions;
• commissions for minors;
• magistrates, as well as judges from district and regional courts.

Civil servants in Russia are divided into federal and regional. The Parliament, the Government and the President operate at the federal level. At the regional level - the highest official of the constituent entity of the Russian Federation, regional authorities and courts.