of August 22, 2014 No. 458
About approval of the Regulations on the organization of work on judicial protection on the disputes following from activities of Federal Bailiff Service and its territorial authorities
For the purpose of increase in efficiency of judicial protection of property and other rights and legitimate interests of the Government of the Russian Federation, the Ministry of Justice of the Russian Federation, Federal Bailiff Service and its territorial authorities in the claims following from activities of service of bailiffs and also for statements for contest of actions (failure to act) of officials of service of bailiffs, according to the order of the Government of the Russian Federation of 01.06.2004 No. 260 "About Regulations of the Government of the Russian Federation and Regulations on the Russian Government Office", the order of the Ministry of Justice of the Russian Federation of 24.07.2009 No. 228 "About measures for protection of interests of the Ministry of Justice of the Russian Federation, its territorial authorities, Federal Services and federal state institutions subordinated to it" I order:
1. Approve the enclosed Regulations on the organization of work on judicial protection on the disputes following from activities of Federal Bailiff Service and its territorial authorities.
2. To provide to legal department (Salkov N. V.) control of execution in territorial authorities of Federal Bailiff Service and Management on execution of especially important enforcement proceedings of requirements of the Regulations on the organization of work on judicial protection on the disputes following from activities of Federal Bailiff Service and its territorial authorities.
3. To provide to the head of department on execution of especially important enforcement proceedings execution by employees of Management on execution of especially important enforcement proceedings of requirements of the Regulations on the organization of work on judicial protection on the disputes following from activities of Federal Bailiff Service and its territorial authorities.
4. - to the main bailiffs of subjects of the Russian Federation to provide to heads of territorial authorities of Federal Bailiff Service execution by employees of territorial authorities of Federal Bailiff Service of requirements of the Regulations on the organization of work on judicial protection on the disputes following from activities of Federal Bailiff Service and its territorial authorities.
5. Of 10.01.2013 No. 1 "About approval of the Regulations on the organization of work on judicial protection on the disputes following from activities of Federal Bailiff Service and its territorial authorities" to declare the order of Federal Bailiff Service invalid.
6. To impose control of execution of the order on the First Deputy Director of the Federal Bailiff Service - the First Deputy Chief Bailiff of Russia Sazanov S. V.
Acting director
S.V.Sazanov
Appendix
Approved by the Order of Federal Bailiff Service of the Russian Federation of August 22, 2014 No. 458
1.1. The regulations on the organization of work on judicial protection on the disputes following from activities of Federal Bailiff Service and its territorial authorities (further - the Provision), determine procedure Federal Bailiff Service of judicial protection of interests of the Government of the Russian Federation, the Ministry of Justice of the Russian Federation, Federal Bailiff Service and its territorial authorities by the claims following from activities of Federal Bailiff Service and its territorial authorities and also for statements for contest of resolutions, actions (failure to act) of her officials.
1.2. Judicial protection in the claims following from activities of Federal Bailiff Service and its territorial authorities and also in case of contest of resolutions, actions (failure to act) of their officials includes:
preparation and presentation in court according to the procedure, stipulated by the legislation the Russian Federation, actions for declaration, statements in protection of interests of Federal Bailiff Service and its territorial authorities;
preparation and presentation in court according to the procedure, established by the legislation of the Russian Federation, responses and objections on the actions for declaration following from activities of Federal Bailiff Service and its territorial authorities and also on statements for contest of resolutions, actions (failure to act) of their officials;
collection and submission to court according to the procedure, stipulated by the legislation the Russian Federation, proofs and other documents, including on requests of courts;
participation in judicial sessions on consideration of the disputes following from activities of Federal Bailiff Service and its territorial authorities including by means of video conferencing;
appeal in all instances according to the procedure, stipulated by the legislation the Russian Federation, the accepted not for benefit of the Ministry of Justice of the Russian Federation, Federal Bailiff Service and its territorial authorities, and also officials of Federal Bailiff Service and its territorial authorities of court resolutions.
1.3. Before consideration by court of dispute over being officials of Federal Bailiff Service and its territorial authorities take all measures for dispute settlement, elimination of the allowed violations of the rights and interests of the parties of enforcement proceeding and the third parties provided by the law.
1.4. Control and coordination of the organization of work on judicial protection by territorial authorities of FSSP of Russia and Management on execution of especially important enforcement proceedings according to requirements of this provision is performed by Legal department.
2.1. Representation in courts of interests of the Government of the Russian Federation is performed based on the relevant documents directed by the Russian Government Office, the Ministry of Justice of the Russian Federation and also orders of the Russian Prime Minister or his deputies.
2.2. Representation in court of interests of the Ministry of Justice of the Russian Federation, Federal Bailiff Service and its territorial authorities on the disputes following from activities of Federal Bailiff Service and its territorial authorities is performed based on the relevant powers of attorney.
2.3. Execution of powers of attorney in the cases provided by this Provision is performed beforehand according to the procedure, stipulated by the legislation the Russian Federation, in the terms allowing to provide timely representation of interests of the Ministry of Justice of the Russian Federation, Federal Bailiff Service and its territorial authorities in courts (including by preparation, collection and submission to courts of necessary documents and participation in judicial sessions).
In territorial authorities of FSSP of Russia and Management on execution of especially important enforcement proceedings the stitched and numbered registers of the drawn-up powers of attorney (appendix No. 1 to this Provision) are conducted.
In register of powers of attorney data on all the powers of attorney issued to employees of territorial authority of FSSP of Russia and Management and on execution of especially important enforcement proceedings on representation in courts of interests of the Ministry of Justice of the Russian Federation, Federal Bailiff Service and its territorial authorities, including on representation of interests of officials of management of Federal Bailiff Service and Management on execution of especially important enforcement proceedings are entered.
In case of cancellation of the power of attorney for the bases provided by the civil legislation of the Russian Federation including in case of dismissal of the worker from the public civil service territorial authorities of FSSP of Russia provide delivery by officials of the powers of attorney issued to them.
2.4. Judicial protection is performed by officials whose resolutions, actions (failure to act) are challenged, and (or) workers to whom the obligation on representation in court of interests of Federal Bailiff Service, its territorial authorities and their officials is assigned (further - persons performing judicial protection).
2.5. Officials of structural divisions of territorial authority of FSSP of Russia and Management on execution of especially important enforcement proceedings perform judicial protection according to statements for contest of their resolutions, actions (failure to act), and also according to the statements which are not concerning contest of legality of actions (failure to act) of officials of FSSP of Russia such as:
about delay, payment by installments, reduction of the amount of performing collection or release from its collection;
about release from seizure (exception of the inventory) of property on which collection according to the executive document is turned;
about determination of the size of debt and (or) indexation of the size of the alimony;
about issue of the duplicate of the executive document, etc.
2.6. Employees of divisions of legal support of territorial authorities of FSSP of Russia (further - divisions of legal support) perform judicial protection:
according to the actions for declaration following from activities of territorial authority of FSSP of Russia;
according to statements in which in case in quality of the defendant the Government of the Russian Federation and (or) the Ministry of Justice of the Russian Federation is recruited;
according to statements for contest of resolutions, actions (failure to act) of officials of central office of FSSP of Russia and management personnel of territorial authority of FSSP of Russia;
according to the statements following from actions (failure to act) of officials of the territorial authorities of FSSP of Russia made when maintaining enforcement proceedings which execution is delivered on control of the Director of the Federal Bailiff Service - the Chief Bailiff of Russia and (or) the head of territorial authority of Federal Bailiff Service - the main bailiff of the subject of the Russian Federation;
according to statements which have socially important nature or cause (can cause) public response;
according to statements which results of consideration can influence the developed court practice (both positively and it is negative);
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The document ceased to be valid according to the Order of Federal Bailiff Service of the Russian Federation of January 11, 2016 No. 1