How to find out if enforcement proceedings are open?

Advice from experienced lawyers → Trial → Closing a criminal case

Initiating a criminal case in no way means passing a sentence, but it is associated with certain investigative actions that are aimed at a specific result. Is it possible to close a criminal case before it reaches its logical conclusion?

The interest of many people under investigation in closing the criminal case is understandable. In addition, Russian legislation in some cases determines the conditions for terminating a criminal case.

So there is a chance that the criminal case will be closed before a verdict is passed. And the main assistant in this matter is an experienced lawyer who knows in what cases criminal cases are closed and knows how to operate with the possibilities of the law to represent the interests of his client.

Why does the bailiff close the case?

After the trial, the case of collecting a credit or other debt goes to the bailiff. He has his own instruments of pressure on the debtor, which the law has given him. But it happens that all the measures taken do not produce results.

Collection cannot last indefinitely. Bailiffs are already overwhelmed with work and do not have time to work as they should, so they get rid of bad debts by closing enforcement proceedings. The law gave them this right.

The bailiff will close the case only if he has taken all measures and they have not been successful. In fact, this means that the representative of the law cannot do anything.

How long does it take to file a police complaint?

There are also administrative violations. Who can call the police after refusing a statement? But they are less common. So what to do in one case or another? How long does it take to process a police complaint?

For what?

To make him understand that the time frame for considering a crime report by the police has its limitations. And it is necessary to meet the deadline for giving an answer exactly within the time established by law.

The next nuance is the question of how to correctly write a statement of the established form. There are a number of rules that you will have to adhere to. An incorrectly drawn up document will not be accepted for consideration.

Or they will pay attention to him at the very last moment. The correctness of its writing does not directly affect the period for consideration of a police complaint about an offense. But it is recommended not to neglect this feature. Everything is individual, so it is impossible to say exactly how long to wait under certain circumstances. Almost every situation has to be considered separately. Recently, more and more often, citizens are turning to the police with reports of missing loved ones or acquaintances.

Typically the request is made on the 3rd day of the person's absence. Such statements are responded to very quickly. There are no more options for the development of events. As a rule, if there is a crime, as well as real grounds, a criminal case is initiated.

And after that, an investigation takes place.

What does the bailiff do before closing?

Usually the case is closed within six months after enforcement proceedings are opened. It seems that this period is enough to apply all the required measures and understand whether collection is even possible.

The law allows you to keep a hopeless case open for up to 3 years, but usually bailiffs don’t delay things like that and close cases much faster. But if there is movement on the account, the debtor pays something (even thanks to a compulsory measure), the account of these three years begins anew.

What does the bailiff do to collect the debt:

1. As soon as the case reaches the FSSP, the specialist requests information from the Federal Tax Service and the Pension Fund about the official income of the debtor. When they are at their place of work or receive a pension, a resolution is sent according to which 50% of all income will be withdrawn from the debtor.
2. If there is regular income, the case will not be closed; the debt is gradually repaid by retaining this 50%. If there is no such income, the bailiff proceeds with further actions.
3. He submits requests to major banks in the country and region in order to find the debtor’s accounts, cards and deposits. If they are discovered, all money located there is confiscated. All future applicants will also be selected.
4. Search for the debtor's property, its arrest, sale. Cars often come under attack; bailiffs impose sales restrictions on them immediately upon opening an individual entrepreneur. They may also confiscate personal valuables at the debtor’s place of residence.

The debtor's property is not touched if it is his only residential property. In addition, when seizing property, the principle of proportionality applies. For example, a dacha worth 1,000,000 will not be taken away for a debt of 500,000 rubles.

If the debtor has no official income, if there is no movement of funds in his accounts, if he does not have property permissible for seizure, the bailiff has nothing more to do. He cannot hold the bad debt as ballast and closes the case.

Real methods of collapsing a case: excluding evidence and presenting new ones

After reviewing the case, you can request the exclusion or addition of evidence, as well as additional witnesses. Motions must be made before the hearing on the merits and are heard at a preliminary hearing in court. What has already been found by the lawyer, sometimes it makes sense to attach it to the case immediately if there is a possibility that the prosecutor’s office on this basis may return the case for further investigation, which will entail the removal of charges against the person. Excluding key evidence is a surefire way to ruin a criminal case before trial.

A petition is the usual name for appeals by participants in a process to someone who is currently handling a criminal case (investigator, prosecutor, investigator, court). It can be filed either by the accused himself or by his lawyer. The text should be compiled as competently as possible, both from a linguistic and legal point of view, since illiteracy, of course, cannot become a reason for refusal to consider it, but will significantly change the perception of what is presented.

What can a lawyer do during the preliminary investigation to “fall apart” a case based on an illegal charge:

• be present during interrogations. This significantly reduces the chances of falling under the influence of an investigator who is more experienced in legal and psychological subtleties, not to mention the unacceptable methods of work, sometimes used without hesitation by the police. And by the way, the chances of ruining a case at the investigation stage are much simpler and more realistic;
• meet with the client alone. Sometimes this can be important not only procedurally, but also psychologically - the client can speak out, tell the lawyer everything as it is;
• monitor conditions of detention. Of course, a lawyer will not be allowed into the chamber, but the client can identify existing problems. And he will already look for options on how to improve conditions or take measures to release from custody, declaring a change in the preventive measure to a more lenient one, i.e. if possible, release the client from prison;
• collect evidence demonstrating the innocence of the defendant or helping to mitigate his guilt. A lawyer has fewer opportunities than law enforcement agencies, but more than ordinary citizens and the person being held accountable.

Grounds for closing a case

Of course, a government representative does this for a reason, but on the basis of the law. This is Article 46 of Federal Law 229 on enforcement proceedings. It is called “Return of the writ of execution to the claimant.”

Debtors are often interested in this Article 46. They usually monitor the situation with their debts using the FSSP enforcement proceedings database. At one point, instead of indicating the amount of debt, information appears about the date and reason for the closure of the individual entrepreneur.

This is what it looks like:

From this screen you can judge how long it takes for bailiffs to close cases. As you can see, one individual entrepreneur was closed 4 months after initiation, the second - after 3. Usually such short periods occur when the bailiff cannot do anything at all.

In this case, it is clear that the bailiff closed the case under Article 46 Part 1 Part 3, but this first part has other points, according to which writs of execution are also returned to the claimants:

• p 1 - if the closure is initiated by the claimant himself, he took the writ of execution;
• p 3 - if it is impossible to determine the location of the debtor, his property and the presence of accounts (this is precisely the reason indicated on the screenshot);
• p 4 - all the measures taken by the bailiff were ineffective, plus the debtor does not have property permissible for seizure. Most often, cases are closed on this point;
• p 6 - the claimant interferes with the work of the bailiff.

Based on one of the paragraphs of Article 46, the bailiff issues a resolution to terminate enforcement proceedings and returns the writ of execution to the owner of the debt. In the case of a loan - to a bank or collector, if the debt has already been sold.

Criminal cases by last name: how to find?

In a number of situations, information about a person's criminal record is very important. For example, every employer wants to know who he is hiring. Banks check the reliability of their borrowers. In some cases, criminal defendants themselves may need information about the court verdict. We will describe below how you can obtain information about criminal cases based on a person’s last name.

Federal Law No. 262 established the requirements for the publication of data on the activities of courts, their verdicts, the initiation of criminal cases and other information of this kind in the public domain. Therefore, now most of the information from the criminal database (but not all data) can be found online.

The main goals of searching for criminal cases by last name:

• Checking your own surname to establish a case.
• Verification of employees by the employer.
• Bank verification of loan applicants' data.

There may be other reasons, for example, the need to clarify information on a specific case.

Closed bailiff cases can be reopened!

If the debtor suddenly sees that the bailiff has closed the enforcement proceedings, he is always very happy. This means that borders will be open, the ban on registration of vehicles will be lifted, and cards and accounts can be freely used again. Of course, provided that there are no other individual entrepreneurs in relation to this citizen.

But the joy may be temporary. The claimant, having received the writ of execution back, will not be happy about this. He has the right to renew the IP by again contacting the bailiff. And he can do this as many times as he wants.

After six months, the collector can again present the writ of execution to the bailiff and resume the collection process. He has 3 years to do this.

It turns out that the case will be finally closed only if 3 years have passed since the bailiff closed the IP. Upon expiration, the claimant loses this right. So, don't rush to rejoice. You have to wait, the debt may appear in the FSSP database again at any moment.

What happens in practice

But as practice shows, banks are not particularly persistent in this matter. Often they don’t even contact the bailiff a second time. Having received the IP back, it simply sells the debt to collectors. Well, or they reopen the case 2-3 times, and then write off the debt as hopeless.

Banks are well aware that if the bailiff was unable to do anything during a conditional 1 year, the situation is unlikely to change. We are talking about a chronic debtor, sometimes they are even called professional. Therefore, it is easier for the bank to sell the debt to collectors, gaining at least a penny.

But new debt owners can go to court again and then go to the bailiffs. And then enforcement proceedings are opened again, again the bailiff will have to “break through” the debtor.

In any case, the collection process cannot last indefinitely. Sooner or later, the collectors will also give up.

What does it mean to “fall apart”

The slang concept of “collapse the case” refers to the termination of a criminal case due to exonerating circumstances, since even with reconciliation of the parties or amnesty (non-exonerating grounds), a person formally becomes guilty without trial and tarnishes his biography by the fact of being brought to criminal responsibility, albeit without a criminal record.

But even with a non-exonerating termination of the case, the time and costs of investigative and judicial proceedings are in any case reduced.

The person is considered innocent, i.e. subject to rehabilitation if it is established that:

• there was no crime event;
• his actions do not constitute a crime and do not constitute one;
• the specified person is not related to the crime, that is, not involved in its commission.

When the evidence clearly points in favor of the defendant, the public prosecutor in the process withdraws the charges brought against him, without bringing the case to an acquittal. An acquittal has much more serious consequences for the investigation, and leaves the right to compensation to the defendant. This is a typical example of how to ruin a criminal case thanks to qualified legal assistance.

There is an opinion that a good lawyer can ruin any case, which is why some people purposefully look for just such a thing. However, even many very rich people with billions of dollars in their accounts sometimes cannot avoid not only charges, but even prison. Maybe it's not a matter of choosing a lawyer?

From this follows the logical conclusion that those cases “fall apart” are those in the investigation of which obvious abuses or gross mistakes by the investigative authorities are committed. In this case, the lawyer is obliged to use only legal methods, avoiding various “agreements” with the investigation or attempts to “deposit” remuneration to officials. The chances of being accused of giving a bribe are much greater than solving the issue illegally.

How to close a loan if the case is with the bailiffs

If you want to stop enforcement proceedings by closing the loan, you need to pay the debt. You can go to the FSSP database or State Services, find this debt and pay it there via remote channels, taking into account the enforcement fee of the bailiffs.

Afterwards, it is better to visit the bailiff, indicate the fact of payment and ask to close the case. Unfortunately, this does not always happen quickly and automatically. Often bailiffs need to be pushed.

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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:

1. 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]

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Deadlines for making decisions on applications and procedures for not receiving a response

For each appeal to law enforcement agencies, an appropriate decision must be made.

You can appeal the decision to the prosecutor's office, to the superior manager of the person who made the decision, or to the court. There is no need to send letters to all authorities at once; proceed step by step: if one authority refuses, contact another.

Any of the decisions made must be approved by the head of the department. If the manager does not agree with the decision, he cancels it and sends the material for additional verification.

The number of such cancellations and sending materials back to the contractor is not limited by law and can be infinite. Upon completion of the inspection and establishment of all the circumstances, one of the following decisions must be made: If the period for initiating a criminal case after filing an application has passed, and the applicant has not received any response, then it would not be amiss to find out what happened to the document. To do this, you can contact the law enforcement agency where the application was submitted and present the notification coupon.

If this employee begins the inspection, then he should call you to him so that you can give a substantive explanation.

Line of conduct You are not required to testify against yourself either during the first call to the police or during the subsequent investigation. The lawyer has the right to file a request to familiarize himself with the case materials in order to find out the full picture of the charges brought forward.

Mail is sent in bags, often the register is compiled formally and is not checked by anyone. The purpose of such a visit to the police is to show your legal literacy and to put psychological pressure on the police officer. Migration issues Taxes and fees Inheritance law Real estate Defense military service, weapons Law enforcement Passport issues Pensions and social protection Family law Customs law and foreign economic activity Labor law criminal law criminal procedure Securities Answer this question Loading…

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Your comment (question) If you have questions about this article, you can tell us. Our team consists of only experienced experts and specialists with specialized education. We will try to help you in this topic:

Author of the article Irina Rusanova

Consultant, author Popovich Anna

Financial author Olga Pikhotskaya

1. Anna
   03/02/2022 at 05:05 Bankrupt since 2022, individual entrepreneurs have been hanging since 2022, why aren’t they closed? And how to speed it up? If I give them a court ruling declaring me bankrupt, is there a certain time frame within which the bailiff is obliged to close the individual entrepreneur on the site?
   Reply ↓ Anna Popovich
   03/03/2022 at 02:30

   Dear Anna, print out the notice and send it to all creditors and bailiffs. In accordance with 223.6 of the bankruptcy law: - After six months from the date of inclusion of information about the initiation of an extrajudicial bankruptcy procedure for a citizen in the Unified Federal Register of Bankruptcy Information, the extrajudicial bankruptcy procedure for the citizen is completed, and such citizen is exempt from further fulfillment of the claims of the creditors indicated in the application on declaring him bankrupt out of court, taking into account the total amount of monetary obligations and obligations to make mandatory payments, provided for in paragraph 1 of Article 223.2 of this federal law. — A multifunctional center for the provision of state and municipal services is obliged, on the day the citizen’s extrajudicial bankruptcy procedure is completed, to include information about the completion of such a procedure in the Unified Federal Register of Bankruptcy Information. — The debt of a citizen to the creditors indicated by him in the application for declaring him bankrupt out of court is recognized as a bad debt. But the legislator did not indicate that notification of the completion of bankruptcy is sent to creditors and bailiffs.

   Reply ↓

4

How to find out if a criminal case has been opened?

Since claims are usually filed at the place of registration of the defendant, information about the criminal case can be found in the court of the given area. It is best to check its database by both the surname of the defendant and the surname of the plaintiff.

Also, information about the initiation of a criminal case, even before it was brought to court, can be found in the Ministry of Internal Affairs. To do this, you will have to submit a corresponding application to one of the departments of this department. The application must indicate passport details and the reason for the request. The law allows 30 days for its consideration.

Personally applying for information to the department of the Ministry of Internal Affairs or the court office is a reliable method, but extremely inconvenient, as it requires considerable time. In addition, in court, the data will be given only to the participant in the process.

Through a single database available online, you can check the information:

• About initiating a case.
• About criminal prosecution.
• On debt collection in court.
• About the presence of a criminal record (current, expunged and expunged).
• About decisions on absentee proceedings.

Therefore, citizens are increasingly trying to find out about criminal cases by last name online. To do this you can use:

• Portal "Justice".
• Database of the Ministry of Internal Affairs.
• FSSP website.
• Court website.

Each of them has its own characteristics.

Justice system

Unauthorized persons can obtain information using the Justice system. It contains data on all sentences of courts at various levels.

To search within this system, you need to know the name of the participant in the case and a number of clarifying data. All of them will need to be entered into a special form on the site.

Have a question for a lawyer? Ask now, call and get a free consultation from leading lawyers in your city. We will answer your questions quickly and try to help with your specific case.

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By the name of the defendant

For a case named after the defendant on the Justice website (https://sudrf.ru), you need to follow a simple algorithm:

• Visit the “Search for judicial acts” section.
• Enter the defendant's last name.
• Select the desired option from the list that appears.

Searching for a criminal case by the name of the defendant will look a little different.

By the name of the defendant

In this case, you need to enter the “Search by cases and judicial acts” section. In the “Participant in the process” field, you will need to enter the last name and click the “Find” button.

All that remains is to find the desired case in the list of results.

All courts today are required to submit information about cases using a special form. This form is standardized for all regions of the Russian Federation, which greatly simplifies the search. Knowing the region or data of the specific court in which the trial took place can significantly simplify the search. This is especially true for viewing data on decisions of arbitration courts. They can be found on the portal kad.arbitr.ru.

Ministry of Internal Affairs database

This database contains information about:

• Wanted persons.
• Invalid passports.
• Criminal prosecution and conviction.

You can search for information about a criminal case by last name, date of birth and passport information.

But strangers can only obtain a criminal record certificate if they have a power of attorney from the convicted person.

FSSP database

Bailiffs publish online lists:

• Debt collection proceedings.
• Suspects of crimes.

The powers of bailiffs include initiating both administrative and criminal cases.

Court website

Despite the obligation to publish all court case data online (with some exceptions), courts do not update their database very often.

To obtain data you need to know:

• Court address.
• Date of the meeting.
• Case number.
• Full name of the judge.

As a rule, outsiders do not have this data and this method of searching for information is not suitable for them.

Russian legislation prohibits the disclosure and publication in the public domain of the following judicial information:

• About serious and especially serious crimes before a verdict was passed on them.
• Data from cases related to state security.
• Cases regarding the adoption of minor children.
• Cases on declaring persons incompetent.
• About crimes against sexual integrity.
• On amendments to the registration acts of the Civil Registry Office.

All these exceptions are specified in Article 15 of Federal Law No. 262.