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FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 21, 1997 No. 118-FZ

About bailiffs

(The last edition from 01-05-2019)

Accepted by the State Duma of the Russian Federation on June 4, 1997

Approved by Council of the Russian Federation on July 3, 1997

Chapter I. General provisions

Article 1. Tasks of bailiffs

Tasks are assigned to bailiffs on:

to providing established procedure of activities of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, courts of law and Arbitration Courts (further - courts);

to implementation of forced execution of court resolutions, and also provided by the Federal Law of October 2, 2007 N 229-FZ "About enforcement proceeding" (further - the Federal Law "About Enforcement Proceeding") acts of other bodies and officials (further - court resolutions, acts of other bodies and officials);

to execution of the legislation on criminal trial on the cases referred by the criminal procedure legislation of the Russian Federation to competence of federal executive body on providing established procedure of activity of the courts and execution of court resolutions and acts of other bodies (further - Federal Bailiff Service);

to the interstate search of persons performed according to international treaties of the Russian Federation.

Article 2. Legal basis of activities of bailiffs

Bailiffs in the activities are guided by the Constitution of the Russian Federation, international treaties of the Russian Federation, this Federal Law, the Federal Law "About Enforcement Proceeding" and other Federal Laws, and also other regulatory legal acts accepted according to them.

Article 2.1. Use of the words "bailiff" or "police officer" and the phrases formed on their basis

Use of the words "bailiff" or "police officer" and the phrases formed on their basis is allowed only in names of Federal Bailiff Service, its structural divisions and officials of Federal Bailiff Service, and also in names of the organizations providing activities of Federal Bailiff Service, their structural divisions and officials, labor unions and other public associations of bailiffs including associations of veterans.

Article 3. Requirements imposed to person appointed to position of the bailiff

1. The citizen of the Russian Federation who reached age of 21 years, having secondary professional education (for the senior bailiff, the deputy of the senior bailiff, the judicial police officer-contractor availability of the higher education is obligatory) capable on the business and personal qualities can be the bailiff, and also for health reasons to fulfill the duties assigned to it.

The requirements to professions, specialties and (or) the directions of preparation shown for substitution of position of the bailiff are established by the Chief Bailiff of Russia.

2. The bailiff is the official who is in public service. In case of assumption of office the bailiff takes the oath of the following content:

"I, joining the ranks of Federal Bailiff Service, swearing on fidelity to the people of Russia and the Law, solemnly I swear:

to implicitly observe the Constitution of the Russian Federation, the laws and the international obligations of the Russian Federation;

persistently and fairly to protect the rights of citizens, interests of society and state;

it is worthy to transfer the difficulties connected with execution of service duties;

to strictly observe discipline, established procedure of office relations;

keep the state and protected by the law other secret;

value the professional honor, protect and develop the best traditions of Federal Bailiff Service.

I serve Russia, I serve the Law!"

The procedure for administration of oath of the bailiff is established by the Chief Bailiff of Russia.

Observance of the oath is integral part of office discipline of the bailiff.

3. The citizen who was condemned for crime according to the court verdict which took legal effect cannot be appointed to position of the bailiff has criminal record or had criminal record which is removed or extinguished concerning which criminal prosecution is performed or criminal prosecution behind lapse of time, in connection with conciliation of the parties, owing to the act of amnesty or in connection with active repentance is stopped.

3.1. In case of appointment of citizens of the Russian Federation to separate positions of Federal Bailiff Service the psychophysiological research, testing regarding the use of drugs and psychotropic substances, availability at them alcoholic, drug or other toxic addiction are conducted. The procedure for carrying out psychophysiological research, testing regarding the use of drugs and psychotropic substances, availability of alcoholic, drug or other toxic addiction and the list of positions in case of appointment to which the specified psychophysiological research, testing are conducted, are determined by the Ministry of Justice of the Russian Federation.

4. The restrictions, prohibitions and obligations established by the Federal Law "About Anti-corruption" and Articles 17, 18 and 20Federal Law of July 27, 2004 N79-FZ "About the Public Civil Service of the Russian Federation" extend to bailiffs.

Article 4. Bailiffs

1. Bailiffs depending on the duties fulfilled by them are subdivided into court officers and judicial police officers-contractors.

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