Bailiffs will work with detectives

[Частный детектив. Timofey. Челябинск.]

Bailiffs intend to establish close working contacts with private detectives.
According to the press service of the Federal Service of Court Bailiffs of Russia, in the coming days the department for organizing the search for debtors has planned a series of meetings with representatives of detective agencies.

There is reason to talk, and serious. Information obtained by private investigators has become quite legal for bailiffs. Any collector can bring the bailiff a dossier collected by detectives, and he has the right to file all the papers to the case. The law, adopted at the end of last year, allowed private detectives to provide a new service: the search for a debtor in enforcement proceedings, as well as the search for a child who is hidden from another parent. And the bailiffs are allowed to take the information to work.

In general, that law significantly expanded the rights of bailiffs: they can independently search, request operational-search information in the relevant departments, and even use the media for free. Say, in newspapers you can publish photos of wanted debtors. And in the Ministry of Internal Affairs to request information on the debtor from any operational files. Also, bailiffs are now on a court order looking for defendant citizens. For example, someone filed a lawsuit against a citizen. Well, he doesn’t know where. Then the court can make a decision on the search for a person, and the bailiff will begin the search.

For six months, according to the Federal Service of Bailiffs, 259 rulings from the judicial authorities on the search for respondent citizens have been received. Of these, 101 people were found.

In total, from January to June, bailiffs opened more than 70 thousand search cases. Including 93 cases - on the search for children. 13.1 thousand debtor citizens and 50 children were found. By the way, search cases are initiated in order to search not only a person, but also property.

For six months, police officers from the search units found 50 children who were hiding from one of the parents
The recoverer has the right to hire a private detective. “For the search, the bailiff performing the search, at the request of the recoverer, has the right to use the information obtained as a result of private detective (detective) activities,” the FSSP of Russia in the Moscow Region explains. A fundamental point: the bailiffs themselves do not hire private detectives. Yes, and there are no such funds from the department to pay for private investigators. And give the bailiffs such a right, where is the guarantee that there would be no corruption and private detectives would not be hired for a rollback? Therefore, lawyers consider the proposed option to be completely civilized: citizens who are interested in the search themselves invite private investigators.

By the way, at one time in the bailiff service they said that they plan to develop regulations for the interaction of bailiffs with private organizations. The document also planned to clearly indicate the powers of private investigators in the search for malicious defaulters of alimony, fines and so on.

Also prescribe the procedure for contacting a private detective, as well as receiving information from him. According to some jurists, indeed, it makes sense to regulate these issues in more detail. And in the future, it may make sense to envisage that the work of private detectives is ultimately paid by the debtor - money could be collected from him through the court.

But this issue requires discussion.

Meanwhile

The bailiff service asks for help in finding Akopyan Matevos Oganesovich, born in 2004. The enforcement proceedings on determining the place of residence of a minor child with a mother are being executed in the Ramensky district department of bailiffs of the Office of the Federal Bailiff Service in the Moscow Region. The boy’s father in every possible way impedes the execution of the court decision, ignores the requirements of the bailiff and hides the child.

In this connection, a bailiff has opened a search case, in the framework of which a boy is wanted. Anyone who has any information about the whereabouts of Akopyan M.O. is requested to inform the telephone of the department for organizing the search for debtors and their property of Office 8 (498) 720-50-23 or the Ramensky district department of court bailiffs of Office 8 (496) 461 -12-00.

Russian newspaper 08.21.2012

 

[Матушкин Андрей Николаевич]

Timofey, THANKS !!!
The information is interesting and relevant!

 

[Растаман]

Thank!

 

[Роберт]

There are much more search cases than detectives. that is, in principle, working at all is more than enough. Maybe the leadership of the MOD somehow centrally meet with the FSSP and talk about it. Exchange data, develop a search procedure with FSSP lawyers on a contractual basis. Decide on the order of applicants in the FSSP and MOD. AND?

 

[Матушкин Андрей Николаевич]

There are much more search cases than detectives. that is, in principle, working at all is more than enough. Maybe the leadership of the MOD somehow centrally meet with the FSSP and talk about it. Exchange data, develop a search procedure with FSSP lawyers on a contractual basis. Decide on the order of applicants in the FSSP and MOD. AND?

The issue is being worked out.

 

[Детектив-Молдова]

I wonder what distance from "intend" to "will"?
One thing is clear, if they will, then only in those cases when a private person will hire a private detective, pay for his work, and the bailiffs will use the results of detective work.
It is unlikely that the state will decide to allocate funds for these purposes and pay for the work of detectives. Already expressed that there are fears of kickbacks and abuse ...

 

[Краев Евгений Леонидович]

Thanks, relevant material!

 

[Андрей Захаров]

I don’t know how the bailiffs will work ... However, the problem will be the payment of our work. Even if subsequently the costs of paying for the services of searching for the debtor are borne by the debtor himself, the question arises of the reality of debt collection. Based on experience in the search for debtors and the subsequent collection of debt, it can be concluded that if the debtor is hiding, then 99 % he has nothing to cover existing debts, all the more so to pay the sum of the costs of his search. In the end, it will not be profitable both for the creditor (in case he pays the search fee for the detective) and the detective (in the event that payment will be made after the debtor is found and money is actually recovered from him).

 

[Частный детектив. Тайный советник. Омск.]

Also prescribe the procedure for contacting a private detective, as well as receiving information from him. According to some jurists, indeed, it makes sense to regulate these issues in more detail. And in the future, it may make sense to foresee so that the debtor ultimately paid for the work of private detectives - money could be recovered from him through the court.

This phrase (highlighted in color) “pleases” me the most in this article. For some reason, I am inclined that there will be no work and sense from this law. As always, everything will be transferred to BH, and the search, and then also knocking out his fee through the court.
Everything as usual. They did the best, it turned out as always.

 

[Патрушев Михаил Владимирович]

Also prescribe the procedure for contacting a private detective, as well as receiving information from him. According to some jurists, indeed, it makes sense to regulate these issues in more detail. And in the future, it may make sense to foresee so that the debtor ultimately paid for the work of private detectives - money could be recovered from him through the court.

This phrase (highlighted in color) “pleases” me the most in this article. For some reason, I am inclined that there will be no work and sense from this law. As always, everything will be transferred to BH, and the search, and then also knocking out his fee through the court.
Everything as usual. They did the best, it turned out as always.

The bailiffs just need to single out, as in the Ministry of Internal Affairs, Article 9 for operational needs. Yes, not 1 000 r ....., and then even be exacted from him through the court. The Ministry of Internal Affairs pays for the lawyers !!!