- Grounds and terms
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Author of the article: Konstantin Milantiev
Last revised January 28, 2022
Reading time 10 minutes
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The basis for initiating enforcement proceedings is an order, decision or ruling of the court. Including the collection of a fine for an administrative offense or a criminal offense. Failure by the debtor to comply with legal requirements results in additional sanctions from bailiffs. Let us consider in more detail how the amount of a fine under enforcement proceedings (abbreviated as IP) is determined and collected, possible negative consequences for the debtor, as well as ways to minimize them.
Types of fines
The procedure for collecting a fine through bailiffs is regulated by Article 103 No. 229-FZ “On Enforcement Proceedings”. The complexity of the enforcement practice of this law is that changes are constantly being made to it. During 2022 alone, four amended Federal Laws were adopted.
The institution of fines provides a clear connection between punishment and violation of the law.
- For a minor offense, administrative liability arises - according to the Code of Administrative Offenses of the Russian Federation.
- More serious illegal actions result in criminal prosecution of the offender - according to the Criminal Code of the Russian Federation. But even then, it is not a real sentence, but a fine.
- We would like to separately mention the imposition and collection of penalties after the opening of enforcement proceedings. The main character here is the bailiff. A fine is also imposed according to the Code of Administrative Offences, and even a criminal record is possible for malicious evasion.
Let's look at these three types in more detail.
What fines do bailiffs collect?
Fines are collected by bailiffs according to the same rules as other types of debts. But there are a number of important differences that parties to enforcement proceedings need to take into account:
- for administrative fines there are special deadlines for voluntary repayment;
- special deadlines are provided for the presentation for execution of judicial and other acts imposing a fine;
- for violations of the law and improper behavior, additional penalties may be collected from the debtor after the initiation of enforcement proceedings;
- since the fine is collected on behalf of the state, after deduction it will be transferred to the budget (federal, local or regional).
The institution of a fine is directly related to any violation of the law. For relatively mild and minor offenses, a fine is collected according to the administrative composition of the Code of Administrative Offenses of the Russian Federation. Many articles of the Criminal Code of the Russian Federation also include this type of liability as a fine. It can be applied as a primary or additional punishment.
The claimant in criminal and administrative cases is the state. On his behalf, courts, other bodies and officials make decisions and sentences. After sending the documents to the FSSP, the fine is executed by bailiffs. General and special collection rules are determined by Law No. 229-FZ on enforcement proceedings.
Can a fine be collected from a debtor in enforcement proceedings?
They can if the debtor violates the law and does not comply with the mandatory instructions of the bailiff. Here are several areas in which the debtor may face liability after the initiation of enforcement proceedings:
- malicious evasion of debt payment (for example, for late alimony payments, the debtor will be brought first to administrative and then to criminal liability);
- unlawful actions with property (for example, intentional damage, destruction or concealment of property seized for sale);
- opposition to bailiffs when carrying out enforcement actions (for example, the use of physical force against a bailiff, damage to FSSP property).
A special type of punishment is liability for failure to pay an administrative fine. Punishment may be in the form of an additional fine, arrest, or compulsory labor. In this case, the debtor will continue to have the obligation to repay the original sanction.
Also, a special type of sanctions is the imposition of an enforcement fee by bailiffs. This is an analogue of a fine that is imposed for refusal to voluntarily pay a debt according to the resolution of the FSSP. The amount of the fee is determined as a fixed amount or as a percentage of the principal debt (this depends on the nature of the claimant’s claims).
Procedure for collecting an administrative fine
Administrative penalties have several features.
The procedure for imposition is regulated by the Administrative Code. The decision is made by the court. The traffic police can also fine a person - then failure to pay the fine on time becomes a basis for initiating enforcement proceedings.
Deadline for voluntary payment
What is the penalty for unpaid traffic fines: arrest, collection, deprivation of rights? Related article
There are two types of deadlines.
- 60 days. It is counted from the moment the court decision or the decision of the traffic police inspector comes into force (which is 10 days from the date of issue). After paying the fine, the issue is considered closed, and enforcement proceedings simply do not open.
- If 60 days have passed and no funds have been received into the budget, the writ of execution is sent to the bailiff service - FSSP.
The bailiff decides to open a case and provides another period of 5 days for voluntary payment. If money is deposited before this time expires, the case is closed. Otherwise, the debt increases by the amount of the enforcement fee - 7% of the debt, but at least 1 thousand rubles.
Powers of a bailiff
Refusal to pay voluntarily within five days becomes the basis for the bailiff to begin forced collection of money.
To do this, perform the following actions:
- sending documents to the employer’s accounting department for deduction from wages;
- sending documents to banks to write off funds from accounts or cards;
- seizure of the debtor's property if the amount of debt is more than 3 thousand rubles;
- imposing restrictions on leaving the country;
- deprivation of the right to drive vehicles with a debt amount of more than 10 thousand rubles;
- property search.
The active actions of the bailiff can ruin the life of any debtor. It is much easier and cheaper to pay the fine before initiating enforcement proceedings. You also need to know your own rights, if violated, you should appeal the actions of an FSSP employee. How to do this correctly is described below.
What happens if you don't pay?
How to negotiate with bailiffs and pay little by littleRelated article
The first negative consequence is the performance fee. Other unpleasant results of such actions by the debtor are:
- sale of seized property;
- the bailiff’s use of the entire arsenal of collection mechanisms - arrest and verification of accounts and wallets;
- the imposition of additional penalties - already within the framework of enforcement proceedings (the procedure, grounds, features of the event are discussed below).
Peculiarities of collection of a criminal fine in enforcement proceedings
Grounds and terms
Many articles of the Criminal Code of the Russian Federation provide for such punishment as a fine. It can be the main and only one or complementary to other types of sanctions: compulsory labor or even imprisonment. It is assigned as a fixed amount (for example, half a million rubles) or a relative amount (salary for the year). The minimum and maximum values of penalties are established by law, and the exact value is determined by the court.
The main difference from administrative punishment is the absence of a deadline for voluntary payment outside the framework of enforcement proceedings. Which gives the right to send a court decision to the FSSP immediately after the verdict comes into force.
The time frame when this can be done depends on the severity of the punishment:
- 2 years - for articles where the maximum term of imprisonment is up to 3 years inclusive;
- 6 years - for intentional crimes with a possible punishment of 3-5 years;
- 10 years - for articles providing for a prison term of 5-10 years;
- 15 years - for intentional crimes with a sentence of 10 years or more.
Bailiffs check compliance with deadlines before executing a fine. If the court sends a document later than the specified time, it must be returned.
The procedure for the bailiff to collect
A fine does not apply to punishments directly related to deprivation or restriction of freedom. Therefore, collection occurs according to a standard procedure with several features:
- the debtor is given 60 days for voluntary repayment;
- but if the proceedings are opened 25 days after the date of entry into force of the sentence, 35 days are allotted for voluntary payment;
- but if the proceedings are opened 45 days after the date of entry into force of the sentence, the bailiff is given 15 days to collect.
What happens if you don't pay?
An important difference between penalties in a criminal case is the possibility of replacement with a more serious punishment in case of failure to pay on time.
The initiator is an employee of the FSSP, and the decision is made by the court. The remaining consequences of non-payment are similar to those described earlier for administrative sanctions.
How long do I have to pay a fine in a criminal case?
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On the merits of the question asked, we report the following.
In accordance with Part 1 of Article 46 of the Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ (hereinafter referred to as the Criminal Code of the Russian Federation), a fine is a monetary penalty imposed within the limits provided for by the Criminal Code of the Russian Federation.
According to Part 1 of Art. 31 of the Criminal Executive Code of the Russian Federation of January 8, 1997 No. 1-FZ (hereinafter referred to as the Penal Code of the Russian Federation), a person sentenced to a fine without installment payment is obliged to pay the fine within 30 days from the date the court verdict enters into legal force.
Failure to pay the fine within the prescribed period will result in malicious evasion of the fine.
Within the meaning of Part 1 of Article 32 of the Penal Code of the Russian Federation, a convicted person is considered to be maliciously evading payment of a fine if he has not paid the fine or part of the fine within the period established by Parts one and three of Article 31 of the Penal Code of the Russian Federation.
In relation to a convicted person who is maliciously evading payment of a fine imposed as the main punishment, the bailiff, no earlier than 10 but no later than 30 days from the date of expiration of the deadline for payment specified in parts one and three of Article 31 of the Penal Code of the Russian Federation, sends to court submission to replace the fine with another type of punishment in accordance with part five of Article 46 of the Criminal Code of the Russian Federation.
According to Part 5 of Art. 46 of the Criminal Code of the Russian Federation in the case of malicious evasion of payment of a fine imposed as the main punishment, the fine is replaced by another punishment, with the exception of imprisonment.
Additionally, we inform you that according to the current penal legislation, if a convicted person is unable to pay a fine at once, the court, at his request, may spread the payment of the fine over a period of up to three years.
A person sentenced to a fine with installment payment, as well as a convicted person in respect of whom the court has decided to pay the fine in installments, are required to pay the first part of the fine within 30 days from the date the sentence or court decision enters into legal force. The convicted person must pay the remaining portions of the fine monthly no later than the last day of each subsequent month.
For a more complete consultation, we recommend that you contact the reception office of lawyer Sergei Sergeevich Ivlev at the address: Orenburg, st. Shevchenko 20B, office 414, tel.: 8-912-351-26-42.
Attention! The information provided in the article is current at the time of publication.
Procedure and reasons for imposing a fine in enforcement proceedings
The bailiff's powers include imposing a fine on the debtor. The legislation establishes four grounds for such sanctions including:
- Failure to comply with the legal requirements of an FSSP employee.
The amount is established by Article 17.14 of the Code of Administrative Offenses of the Russian Federation and amounts to 1-2.5 thousand rubles. for the debtor, 10-20 thousand rubles. for an official. Most often we are talking about situations where information about income, change of place of work or residence, or other similar violations is not provided. - Evasion of fulfillment of demands that are not of a property nature.
Article 17.15 of the Code of Administrative Offenses of the Russian Federation. Examples of such requirements are reinstatement at work, relocation of the claimant, demolition of illegal buildings, etc. If the requirements are not met, the bailiff will collect a fine, the amount is similar to the figures indicated in the previous paragraph. - Evasion of paying alimony.
The offense is highlighted in additional 5.35.1 due to its relevance. The amount is 20 thousand rubles. Punishment is used if alternatives in the form of compulsory labor or administrative arrest cannot be applied. - Failure to meet payment deadlines. We are talking about 60 days, which are given to the debtor in accordance with the law. After their expiration, the fine can be doubled in the form of an additional administrative penalty (Article 20.25 of the Code of Administrative Offenses of the Russian Federation). Alternative options are possible: compulsory work for up to 50 hours or administrative arrest for up to 15 days.
The way to avoid additional sanctions is to strictly comply with the bailiff’s requirements. If it is not possible to voluntarily pay a fine within the framework of administrative or criminal liability, you need to contact the bailiff, inform him about your accounts, place of work or pension. It is important not to hide and be in touch.
Procedure and terms of execution of criminal punishment in the form of a fine
One of the types of criminal punishment is a fine - a monetary penalty imposed within the limits provided for by the Criminal Code of the Russian Federation.
The fine can be imposed either as a primary or as an additional punishment.
The amount of the fine is determined in the form of a certain sum of money or in the amount of wages or other income of the convicted person, or is calculated as a multiple of the value of the item or the amount of commercial bribery, bribe or the amount of illegally transferred funds and (or) the cost of monetary instruments.
The procedure and timing of execution of criminal punishment in the form of a fine are regulated by criminal executive legislation.
In accordance with Part 1 of Art. 31 of the Criminal Executive Code of the Russian Federation, a person sentenced to a fine is obliged to pay the fine within 60 days from the date the court verdict enters into legal force.
If minors are convicted, a fine may be collected from both them and their parents or legal representatives.
At the same time, if the convicted person is unable to pay the fine at once, he can apply to the court with a request to pay the fine in installments for a period of up to 5 years.
When deciding on a deferment, the court takes into account the severity of the crime committed, the financial situation of the convicted person and his family, the real possibility of paying a fine based on wages and other income, and other circumstances that affect the solvency of the convicted person.
If a convicted person is given a fine with installment payment, he is obliged to pay the first part of the fine within 60 days from the date the court decision enters into legal force. The convicted person must pay the remaining portions of the fine monthly no later than the last day of each subsequent month.
A convicted person who fails to pay a fine or part of a fine within the time limits established by law is considered to be maliciously evading payment of the fine.
Failure to pay a fine imposed as a main punishment entails consequences that are different from non-payment of a fine imposed as an additional punishment.
In relation to a convicted person who maliciously evades payment of a fine imposed as the main punishment, the bailiff sends to the court a proposal to replace the fine with another type of punishment.
The court, with the exception of cases of imposing a fine in an amount calculated on the basis of the value, a multiple of the value of the item or the amount of commercial bribery, replaces the fine with another punishment, with the exception of imprisonment.
In the case of malicious evasion of payment of a fine in an amount calculated on the basis of a multiple of the value of the item or the amount of commercial bribery or bribery imposed as the main punishment, the fine is replaced by the court with a punishment within the limits of the sanction provided for by the relevant article of the Special Part of the Criminal Code of the Russian Federation. In this case, the imposed punishment cannot be conditional.
In relation to a convicted person who maliciously evades payment of a fine imposed as an additional punishment, the bailiff collects the fine forcibly, and the recovery is applied primarily to the convicted person’s funds, including those in banks.
If the convicted person does not have the funds to pay the fine, the penalty is applied to the property belonging to him, and if the convicted person has no or insufficient property, the penalty is imposed on the wages and other types of income of the convicted person.
In accordance with Part 4 of Art. 32 of the Criminal Executive Code of the Russian Federation, a convicted person who maliciously evades serving his sentence, whose whereabouts are unknown, is put on the wanted list.
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The procedure for appealing illegal actions of a FSSP employee
The procedure is regulated by the provisions of Chapter 18 No. 229-FZ and applies to any actions or inactions of FSSP employees.
There are two ways to appeal:
- in the order of subordination, that is, to the immediate supervisor of the bailiff;
- judicially.
Sample complaint in order of subordination - 14.2 KB
Lawsuit against a bailiff - 12 KB
Regardless of the method chosen, you have 10 days to file a complaint. The period is counted either from the date of the decision, or from the moment when the debtor learned about it.
The grounds for appealing the actions of the bailiff are:
- violation of the rights of the debtor or claimant;
- creating obstacles to defending legitimate interests;
- making unauthorized decisions.
The following decisions of FSSP employees are most often challenged:
- seizure of property that does not belong to the debtor or is not comparable in value to the amount of debt;
- issuing sanctions in violation of the established procedure. For example, without notifying the debtor about the start of the case, his accounts were frozen;
- collection of enforcement fees upon voluntary payment of money.
One of the convenient ways to submit it involves using the functionality of the State Services portal. The document review period is 10 days. Another 3 days are given to send a copy of the decision to the applicant.
Sample complaint to the senior bailiff
Information required to be included in the complaint:
- Full name of the bailiff indicating the position;
- details of the decision that is being contested by the applicant;
- Full name, contact details of the applicant;
- a brief summary of the matter;
- grounds confirming the correctness of the complainant;
- petition, for example, cancellation of the bailiff's decision;
- Date of preparation;
- signature of the applicant/representative.
Statement of claim for unlawful actions of the bailiff
The document is drawn up according to standard rules and then submitted to the court. The consideration of the case does not require the presence of the plaintiff. The period for making a decision is similar to a complaint by subordination - 10 days. Another 3 days are given to send the court decision to the applicant.
Arbitrage practice
Complaint against a bailiffRelated article
Competent actions to protect the interests of the debtor, including from illegal actions of bailiffs in terms of collecting or imposing fines in enforcement proceedings, gives a positive result. This is clearly evidenced by the judicial practice that has developed in Russia today.
For example, in case No. A44-897/2021. The court declared the collection of the enforcement fee illegal due to violations of the procedure and deadlines for notifying the debtor about the case.
The decision in case No. 1-1527/2018 is more revealing. The Belgorod City Court overturned the decision of the lower court to collect a court fine from the debtor as a measure of a criminal law nature. The case was sent for further investigation.
Another opposite example is the negative court decision for the violator in case No. 4/10-7/2020. A person convicted in a criminal case appealed the replacement of a fine with another, more severe punishment in the form of compulsory labor. The court agreed with the arguments of the initiator of such a decision, represented by the bailiff, and left the previously adopted verdict unchanged.
Attention!
A judicial fine is a monetary penalty imposed by a court upon release from criminal liability.
Conditions for imposing a judicial fine (Article 76.2 of the Criminal Code of the Russian Federation):
1) the crime must be committed by a person for the first time, this means that the person
a) who has committed one or more crimes, none of which he has previously been convicted of;
b) a previous sentence in respect of which at the time of the commission of a new crime did not enter into legal force;
c) a previous sentence in respect of which at the time of the commission of a new crime came into legal force, but at the time of its commission one of the circumstances had occurred that annulled the legal consequences of bringing a person to criminal responsibility (for example, the person was released from serving a sentence due to the expiration of the statute of limitations execution of a previous conviction, expungement or expungement of a criminal record);
d) the previous sentence in respect of which came into force, but at the time of the trial the criminality of the act for which the person was convicted was eliminated;
e) who was previously exempt from criminal liability.
2) the crime committed must be classified as minor or moderate.
Crimes classified as minor are intentional and careless acts, the maximum punishment for which does not exceed three years.
Crimes classified as medium gravity are intentional acts, the maximum punishment for which does not exceed five years, and careless acts, the maximum punishment for which exceeds three years.
3) the damage caused by the crime must be compensated or the damage made up for in another way.
Making amends for damage means property, including monetary, compensation for moral damage, providing any assistance to the victim, apologizing to him, as well as taking other measures aimed at restoring the rights of the victim, the legitimate interests of the individual, society and the state, violated as a result of the crime.
Compensation for damage or other redress of harm caused by a crime can be made not only directly by the person who committed the crime, but also at his request (with his consent) by other persons, for example, relatives, the legal representative of a minor, etc.
In any case, methods of compensating for damage or otherwise making amends for the harm caused by a crime must be legal and not infringe the rights of third parties.
Promises, as well as various kinds of obligations of the person who committed the crime, to compensate for damage or make amends for harm in the future are not circumstances that provide grounds for releasing this person from criminal liability.
The procedure for imposing a judicial fine is regulated by the requirements of Articles 446.1-446.3 of the Code of Criminal Procedure of the Russian Federation.
If the conditions for imposing a judicial fine are met, the investigator, with the consent of the head of the investigative body, or the inquirer, with the consent of the prosecutor, makes a decision to initiate a petition before the court to terminate the criminal case or criminal prosecution against a suspect or accused of committing a crime of minor or medium gravity and to assign criminal measures to this person. -legal in the form of a court fine.
The petition, together with the materials of the criminal case, is sent to the court, which considers the petition no later than 10 days from the date of its receipt with the obligatory participation of the suspect or accused, the defense lawyer, if the latter is involved in the criminal case, the victim and (or) his legal representative, representative, prosecutor.
Failure to appear without good reason by the parties, who were promptly notified of the time of the court hearing, is not an obstacle to the consideration of the petition, with the exception of cases of failure of the person in respect of whom the issue of termination of the criminal case or criminal prosecution is being considered.
Based on the results of consideration of the petition, the court has the right to make one of the following decisions:
- on satisfying a petition to terminate a criminal case or criminal prosecution and assigning a criminal measure to the person
nature in the form of a court fine. In this case, the court makes a decision to terminate the criminal case or criminal prosecution and to impose a criminal law measure on the defendant in the form of a court fine, which indicates the amount of the court fine, the procedure and deadline for its payment.
- to refuse to satisfy such a request with the return of the criminal case materials to the head of the investigative body or the prosecutor for further proceedings in the case.
A person in respect of whom a decision has been made to terminate a criminal case and to impose a court fine must provide the bailiff with information about its payment within 10 days after the expiration of the period established for payment of the court fine.
If a person fails to pay a court fine, the court, upon the recommendation of the bailiff, cancels the decision to terminate the criminal case or criminal prosecution and impose a criminal law measure in the form of a court fine and forwards the materials to the head of the investigative body or the prosecutor. Further criminal proceedings are carried out in accordance with the general procedure (Article 446.5 of the Code of Criminal Procedure of the Russian Federation).
