How to find out if enforcement proceedings are open?

Enforcement proceedings are a process that is initiated after a lawsuit regarding non-payment of a debt. The creditor, IRS, or other payee has the right to sue. If the judge rules in his favor, enforcement proceedings will be opened against the person with the debt. The Federal Bailiff Service will intervene in the case. It has the right to seize a person’s property and sell it at auction, as well as block accounts and automatically withdraw up to 50% of income from them. All this is done to pay off the debt. Since the trial can be carried out without the presence of the defendant, the person himself may not know that the bailiffs are looking for him. Fortunately, if necessary, you can find out about this in just a few clicks - the FSSP itself provides this opportunity.

Ways to find out about open enforcement proceedings

Through the FSSP

The Federal Bailiff Service maintains a Data Bank of Enforcement Proceedings. This is a database in which you can see whether a person has a debt that is handled by bailiffs. The data bank has three tabs: search for individuals, individual entrepreneurs, organizations. To find out information about a specific person, you only need to enter his full name and date of birth. To find an organization, you must indicate its official name. You can access the Data Bank:

• through the corresponding page on the FSSP website;
• using the “FSSP of Russia” application for smartphones;
• through the application of the same name on the social networks Odnoklassniki and VKontakte.

You can also call the Federal Bailiff Service or visit the department in person. You should contact the branch at your place of registration.

Through State Services

The unified portal of public services can provide information on enforcement proceedings: the website has a page “Judicial debt”. On this page a person can fill out an application and leave a request. It will be sent to the FSSP, and the applicant will be sent information about open enforcement proceedings. To use the service, you will need to have an account on the portal. The result will be displayed in your personal account. The service is available for both individuals and legal entities.

Supreme Court approves criminal case for judge after death

In 2003, Murad Magomedov became a judge of the Caspian City Court of Dagestan. In 2021, he was deprived of his judicial powers, and on March 13 of the following year, Magomedov died. After some time, the chairman of the Investigative Committee, Alexander Bastrykin, asked the Higher Qualification Committee to agree to a criminal case against the former judge.

According to investigators, during his lifetime Magomedov willingly accepted bribes. The judge allegedly received money through his assistant. In total, law enforcement officers counted five completed episodes and two preparations. In addition to Art. 290 of the Criminal Code (“Taking a bribe”), Bastrykin’s submission also mentioned Art. 159 of the Criminal Code (“Fraud”), Art. 286 of the Criminal Code (“Excess of official powers”) and Art. 222 of the Criminal Code (“Illegal storage of ammunition”).

At a meeting of the qualification collegium in September 2021, representative of the Investigative Committee Rustam Aliyev explained that the investigation wanted to stop criminal prosecution in connection with the death of the ex-judge. But his son Shamil Magomedov was categorically against it. Apparently, he was counting on rehabilitation. The VKKS then gave the go-ahead for the criminal case. This decision of the qualification board did not suit Magomedov Jr.; he appealed it to the Supreme Court.

Idle investigation

Magomedov Jr. did not appear at the meeting of the administrative board. His interests were represented by Jannat Kurbanova. The lawyer said that on the day when the Higher Qualification Committee considered Bastrykin’s submission, she was in the hospital and could not attend the meeting. Magomedov asked to postpone the hearing, but the qualification board refused him.

To this, the representative of the VKKS, Tatyana Murzina, noted: the secretary of the board explained to Magomedov over the phone that the presence of his representative was not mandatory. She also asked the applicant whether he himself wanted to participate in the hearing, but the son of the ex-judge did not directly answer this question, the lawyer added.

Kurbanova’s second argument concerned the connection between the criminal prosecution and the professional activities of Magomedov Sr. According to her, during his lifetime the judge said that after several decisions, “the Wahhabis became angry with him” and “promised to settle scores with him.” “He even contacted the FSB and was assigned armed guards for some time,” the lawyer emphasized, adding that the Higher Qualification Committee did not check all this.

FSB provocation and collusion with a lawyer: the Higher Qualification Court approved “criminal offenses” for judges

Murzina from the VKKS, in turn, drew the attention of judge Vyacheslav Kirillov that Magomedov did not present any objections to the presentation of the TFR to the qualifying board. In a telephone conversation with the secretary, he said he did not want criminal charges to be filed, but wanted the investigation to continue, the spokeswoman said.

Magomedov really wants a full investigation, Kurbanova noted.

- So you are in favor of an investigation? For initiating a criminal case? — Kirillov clarified with the plaintiff’s representative.

- Yes, I understand, there is a dual position here.

“It’s impossible to establish guilt or innocence without excitement, do you understand that?”

— The position, rather, is that a proper pre-investigation check be carried out and that a criminal case be refused.

“It has already been carried out, all other circumstances can only be verified through criminal procedure. Do you agree with this?

“I agree, but at this stage we are against a criminal case.”

As a result, Kirillov rejected the administrative claim and upheld the decision of the VKKS (case No. AKPI21-982).

• Kira Klimacheva

What to do if open enforcement proceedings are discovered

If enforcement proceedings have been initiated against you, you should receive information about it: case number, date, details. You can use this information to pay off your debt. If you contacted the FSSP Data Bank, the information will be displayed in the form of a table: it contains links to receipts and to the online debt payment page. You can:

• print out a receipt and go to a bank branch to pay for it;
• pay the debt through the State Services portal, if you have an account on it.

If you have the opportunity to pay off your obligations, it is better to do so as soon as possible. This way you can prevent the visit of bailiffs and get rid of the restrictions associated with open enforcement proceedings. Once the debt is paid, the case will be closed and you will have no outstanding obligations.

What is important to know to find a court case?

1. As a general rule, all claims are filed in the courts at the location of the defendant. But there are cases when claims are brought at the location of the defendant or at the location of the real estate. Based on this: the first thing you need to do is search the courts where you are registered at your place of residence . And then search through all courts.
2. If the value of the claim is less than 50,000 rubles, such bodies are considered by the magistrate court , if more than 50,000 rubles, then the district court.
3. Cases of divorce (if there is no dispute between the spouses about children) are considered by the magistrate's court .
4. Claims for the collection of alimony and for establishing paternity may also be brought by the plaintiff to the court at his place of residence.

Important : You need to search by 3 types of courts: Federal courts of general jurisdiction, Magistrates' courts, Arbitration courts.

How often should you check for enforcement proceedings?

Unfortunately, there are situations when a person himself does not know that he has debt. For example, he has not lived at his registered address for a long time and has not received official notifications. There can be many reasons for this: an unpaid and forgotten fine or tax, an overdue loan, even the actions of fraudsters - a person may be given a microloan or a loan, which he will not even be aware of. To avoid situations where collection has already been filed in court, and the defendant does not even know that he has a debt, it is recommended to periodically search for your name in the FSSP lists. It’s free and doesn’t require registration, but in difficult situations it will allow you to notice the catch in time. Businessmen and self-employed people are advised to check new clients and partners through the service: if it turns out that enforcement proceedings have been initiated against a partner, it may not be worth doing business with him.

EOS recommends: if you have a debt, it is better to avoid a situation where a creditor or authorized body takes the case to court. Judicial proceedings and enforcement proceedings may entail the seizure of accounts and property, the seizure and sale of valuable items at auction. If you have the opportunity to pay the existing debt, it will be more beneficial for everyone to settle the issue out of court. And if your debt is in EOS, do not be afraid to contact us for help. We will help you organize a repayment schedule convenient for you, and if necessary, offer a discount.

When can you appeal a criminal case?

Like any other procedures in criminal proceedings, the initiation of a case must be carried out in strict accordance with the requirements of the law - the Code of Criminal Procedure and other rules. And if at least one element is violated, it becomes possible to appeal the decision to initiate a criminal case and cancel it, thereby avoiding bringing the case to court and possible unpleasant consequences. However, for an effective appeal, one of the following situations must occur:

• there were obstacles to initiating a criminal case - there are a number of restrictions on opening a case, including the expiration of statutes of limitations, amnesty for the accused, insufficient age for criminal liability, etc., which directly prohibit initiating criminal proceedings. If the case is open, the decision can be successfully appealed;
• the established procedure for initiating criminal proceedings was not followed - the entire pre-trial investigation procedure, including the decision to open a case, must be carried out in strict accordance with current legislation. Recorded deviations and violations are grounds for appeal against the initiation of a case;
• lack of corpus delicti or insufficient justification - a criminal case must be initiated on the basis of a proven fact of an offense and evidence obtained legally. If the investigation does not have enough such evidence, the accused can appeal the initiation of the case.

In addition to the above, the basis may be the incompetence of law enforcement officers who opened the case, personal hostility, conflict of interest, etc. - in a word, any circumstances that can be interpreted in favor of the accused. Therefore, the participation of a lawyer before the initiation of a criminal case is very important - he will be able to select a suitable basis for an appeal.

Unified Register of Inspections of the General Prosecutor's Office of the Russian Federation

In accordance with Article 13.3 of the Federal Law of December 26, 2008 N 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control,” the operator of the unified register of inspections ensures placement on a specialized website on the Internet. the following publicly available information from the unified register of inspections:

• — verification account number;
• - information specified in the order or order of the head, deputy head of the state control (supervision) body, municipal control and provided for in paragraphs 1 - 6 and 9 of part 2 of article 14 of this Federal Law;
• - information indicated in the inspection report and provided for in paragraphs 1 - 6 of part 2 of article 16 of this Federal Law;
• — indication of the results of the inspection (whether violations of mandatory requirements and requirements established by municipal legal acts were identified during the inspection);
• - an indication of the measures taken in relation to violations identified during the inspection, on appealing the relevant decisions and actions (inaction) of the state control (supervision) body, municipal control body, their officials and on the results of such an appeal.

We wish you fruitful, comfortable work on the portal, using the search for organizations and obtaining information from the Unified Register of Inspections! Your HONEST BUSINESS.RF.

Legal provisions that allow you to find out information

Until recently, it was almost impossible for an ordinary citizen to find out information about criminal cases or court hearings.

To obtain the necessary information, it was necessary to contact the relevant structures in writing , which sent a response within a certain time, or contact friends, which is essentially a violation of the law.

Now everything has become much simpler. After the adoption of the Federal Law No. 262 “On ensuring access to information about the activities of courts in the Russian Federation,” every citizen can obtain information about court decisions.

But information about serious and especially serious crimes will most likely be closed and will be available only after the decision comes into effect. And although this law has a large number of shortcomings, it can significantly save time searching for a case and its solution.

Such information can be used for employers and various institutions.

How does a criminal trial proceed? You will find the procedure algorithm on our website.

What is not considered a reason or reason

Opening a criminal case is the initial independent stage of the process of investigating an offense. It must be carried out in accordance with the law in order to guarantee the validity of the decision made .

If a case is filed or not filed without justification, this means a violation of the law and harm to the interests of citizens, society and the country.

Cannot act as reasons:

1. Anonymous statements. However, when the letter contains specific information about the place and time of the incident, it is sent to specialized services for investigation.
2. Applications signed by a non-existent name.
3. A statement made orally, not recorded in the protocol.

We are looking for information on federal courts of general jurisdiction (district, city, regional courts)

1. We go to the website of the State Automated System “Justice” in the section “Search for cases and judicial acts” using the link - https://sudrf.ru/index.php?id=300#sp
2. Enter the full name of the participant in the process. It is possible without a name and patronymic.
3. It is advisable, but not necessary, to enter “Subject of the Russian Federation” and “Name of the court”. If you do not enter, the search may take a long time. So it’s better to enter at least the region.
4. Click the “Find” button.

As a result of searching the database of courts of general jurisdiction, we get the following result:

If you click on the case number, you will be redirected to the website of a specific court and a case card with 3 tabs will open (“Material”, “Case Progress”, “Parties”):

Another way to search for information on courts is to search on the website of a specific court:

1. We go to the website (for example) of the Kalininsky District Court of Chelyabinsk.
2. Go to “Court proceedings / Search for information on cases”.
3. Enter your last name in the “Participant” column.
4. Click “Search”.
5. We get search results.