Application. The procedure for organizing the activities of bailiffs to ensure the established procedure for the activities of courts
3.9. Upon receipt of security instructions from the senior bailiff (deputy senior bailiff) court session bailiff for OUPDS:
Before the court hearing, inspects the courtroom, deliberation rooms in order to prevent the presence there of explosives, explosive devices, narcotic drugs and other objects that pose a threat to the safety of surrounding objects, substances and means;
Checks the serviceability of communication and notification means (buttons, alarm key fobs);
Reports to the judge presiding at the court session about his arrival and, until the end of the court session, carries out the orders of the judge presiding at the court session related to compliance public order in court, ensuring the safety of judges, jurors and other participants in the trial, security of the deliberation room and court premises;
Stays in the courtroom during the entire court session and leaves the courtroom only with the permission of the judge presiding at the court session;
If necessary, immediately contact the senior bailiff (deputy senior bailiff) to attract additional forces;
At the end of the court session, reports to the senior bailiff (deputy senior bailiff) on orders received from the judge presiding at the court session, on incidents and measures taken to eliminate them.
3.10. At the direction of the senior bailiff (deputy senior bailiff), it is allowed to replace one bailiff under the OUPDS with another bailiff under the OUPDS.
3.11. The bailiff for the OUPDS, on behalf of the judge, ensures the safety of delivery of the criminal case and material evidence to the place of the court hearing.
3.12. The bailiff under the OUPDS assists the internal affairs bodies in searching for and detaining persons who have fled from the bodies of inquiry, investigation or court.
3.13. During the working day, at least once an hour, bailiffs according to the OUPDS check the court premises, including corridors, utility rooms, attics, basements, public places, stairwells of the court building in order to prevent the presence of explosives, explosive devices, narcotic drugs there means and other posing a threat to the safety of surrounding objects, substances and means.
3.14. In the event of an incident while ensuring the safety of judges, jurors and other participants in the trial, the bailiff takes the necessary measures according to the OUPDS, after which he reports in writing to the senior bailiff (deputy senior bailiff).
About all identified shortcomings, emerging prerequisites for emergency situations, orders of the chairman of the court to immediately report to me.
Use physical force, special means and firearms, if necessary, in strict accordance with Federal law"About bailiffs."
I require when carrying out the passage of citizens, ensuring established order activities of the court, observe the legality, correctness and politeness in dealing with court visitors and participants trials.
I remind you of the need to observe personal safety measures while on duty!”
8. Determines vehicles and the route to the place of duty.
9. At the end of the briefing:
Determines whether there are any questions about the information provided;
Gives the commands “STAY HUMILIATELY”, gives the order to begin service: “Start service. Ensure the established procedure for the activities of the courts (the name of the court and judicial areas of the justices of the peace is indicated). During service, be polite and correct in dealing with citizens, do not allow their rights to be infringed and legitimate interests. Strictly comply with the law Russian Federation regulating activities bailiffs according to OUPDS, necessary defense And urgent need. Upon arrival at the place of duty, the senior officers in the courts report to the department duty officer about the bailiffs taking up positions in the OUPDS!”, after which he gives the commands “RIGHT-LEFT. MARCH TO THE PLACES OF SERVICE!”
10. Bailiffs according to the OUPDS depart to the place of duty.
Support organization department
established procedure for the activities of courts
Annex 1
Schedule of daily briefings for bailiffs to ensure the established order of court activities
the date of the | Note |
||||||||||||||||||||||||||||||||
Appendix 2
Topics of daily briefings for bailiffs on ensuring the established order of court activities
Introduction
An important role in solving the tasks assigned to the Federal Bailiff Service is assigned to bailiffs in ensuring the established procedure for the activities of the courts, which are intended to ensure the established procedure for the activities Constitutional Court Russian Federation, Supreme Court Russian Federation, Supreme Arbitration Court of the Russian Federation, courts general jurisdiction And arbitration courts.
Ensuring the established procedure for the activities of courts is the fulfillment of official duty and requires bailiffs to ensure the established procedure for the activities of courts of constant vigilance, high discipline, determination and initiative.
In order to successfully perform their duties, bailiffs must have a good knowledge of laws, regulations and orders to ensure the established order of the courts. higher authorities state power, orders and instructions of the FSSP of Russia, regulating the provision of the established procedure for the activities of courts, skillfully follow and apply them when performing service. The quality of service largely depends on the professionalism of bailiffs in ensuring the established order of the courts, skill, solid knowledge of the assigned tasks and their features, the ability to organize work and act correctly in a difficult situation.
This topic is intended for use as a guide when instructing bailiffs to ensure the established procedure for the activities of courts, and is intended to help consolidate and develop their knowledge necessary for correct actions in different situations which they most often encounter in daily activities. They can also be used when conducting combat training classes with personnel performing tasks to ensure the established procedure for the activities of ships, and in educational process during initial training.
Regulatory framework:
1) Constitution of the Russian Federation 1993;
2) Federal Law of July 27, 2004 N 79-FZ “On the State Civil Service of the Russian Federation”;
3) Federal Law of July 19, 2009 N 194-FZ “On Amendments to the Federal Law “On Bailiffs””;
5) order of the Ministry of Justice of Russia dated December 27, 2006 N 384 “On approval Administrative regulations execution state function to ensure, in accordance with the legislation of the Russian Federation, the established procedure for the activities of courts";
6) Order of the Ministry of Justice of Russia dated August 3, 1999 N 226 “On approval of the Instructions on the procedure for execution by bailiffs of orders of the chairman of the court, judge or presiding judge at a court hearing and the interaction of bailiffs with officials and citizens in the performance of duties to ensure the established procedure for the activities of courts and participation in executive activities."
Topic No. 1: "Responsibilities of bailiffs to ensure the established procedure for the activities of courts"
In accordance with Part 1 of Art. 11 of the Federal Law of July 21, 1997 N 118-FZ “On Bailiffs”, the bailiff, in ensuring the established procedure for the activities of courts, is obliged to:
ensure the safety of judges, jurors and other participants in the trial in court and when performing certain procedural actions outside the building or court premises;
ensure, on behalf of the judge, the safety of delivery of the criminal case and material evidence to the place of the court hearing;
maintain public order in the building and court premises;
carry out the orders of the chairman of the court, the judge presiding at the court session to ensure public order in the building and premises of the court;
provide security for the building and court premises;
if a decision is made to protect the building or court premises, carry out such protection around the clock;
on the basis of a ruling of the court (judge) or the investigator of the Bailiff Service, bring in persons who evade appearing when summoned by the court (judge) or the investigator of the Bailiff Service;
on the basis of a resolution of the bailiff, approved by the senior bailiff, to bring in persons who evade appearing when called by the bailiff;
on behalf of the senior bailiff, ensure the safety of bailiffs and other officials Federal service bailiffs in the performance of official duties;
when performing official duties, prevent and suppress crimes and offenses, and, if necessary, transfer offenders to the internal affairs bodies;
on the basis of a judge’s decision on the forced expulsion from the Russian Federation of a foreign citizen or stateless person and the placement of said person in a special institution created in the prescribed manner by the executive authorities of a constituent entity of the Russian Federation, ensure the transfer foreign citizens or stateless persons to the specified special institutions (paragraph introduced by Federal Law of December 6, 2011 N 410-FZ);
on the basis of the order of the bailiff, transport a foreign citizen or stateless person who has been given an administrative penalty in the form of forced deportation from the Russian Federation to the checkpoint across the State Border of the Russian Federation (paragraph introduced by Federal Law dated December 6, 2011 N 410-FZ) ;
interact with employees of internal affairs bodies, military personnel military units(units) and other persons carrying out escort and (or) protection of persons in custody on issues of safety and security of persons being escorted;
undergo special training, military medical examination, as well as periodic testing (at least once a year) for suitability to act in conditions involving the use of physical force, special means and firearms;
provide assistance to internal affairs bodies in the search and detention of persons who have fled from the bodies of inquiry, investigation or court (paragraph introduced by Federal Law of December 3, 2011 N 389-FZ);
on behalf of the senior bailiff or his deputy, assist the bailiff in carrying out enforcement proceedings and search, as well as the investigator of the Bailiff Service in carrying out the inquiry (paragraph introduced by Federal Law of December 3, 2011 N 389-FZ).
Advice from lawyers:
1. Since 2012 he worked in FSSP judicial bailiffs under the OUPDS, in 2018 I went to serve in the Russian Guard, should I count my experience in the FSSP in connection with the adoption of a new law.
1.1. Igor! Your experience in the Department for organizing the established procedure for the activities of the FSSP courts will be counted.
Did the answer help you?
Not really
Did the answer help you?
1.2. Alas, they will not be counted, since only the period after January 1, 2020, is included in the length of service, that is, from the moment when the enforcement authorities began to function. Service in the FSSP until January 1, 2020 is a state civil service and is not counted toward length of service.
2.1. For bailiffs, there are officially no restrictions on traveling abroad; this applies to both visa and visa-free countries.
Did the answer help you?
3. Will they take it from the bailiff according to OUPDs, with the 4th group of destination?
3.1. The main requirements for employment in the FSSP for the position of bailiff under the OUPDS are the presence of secondary education and service in the Armed Forces, fit for health reasons.
Did the answer help you?
4. Do bailiffs wear a black beret for the SP according to the OUPDS or only the SP according to the OUPDS of the GBR?
4.1. These are internal decisions of the organization. Not legal issue. Consult the manual.
Did the answer help you?
5. Are GBR FSSP and SP OUPDs the same thing or not?
5.1. GBR is a group rapid response. OUPDS officers stand in the courts, keeping order in the courtroom.
Did the answer help you?
6. I’m applying for a job as an OUPDS in St. Petersburg. Do I need temporary registration? I’m from Orenburg.
6.1. if you will be there for more than 90 days, you need
Did the answer help you?
7. I work as a bailiff under the OUPDS, is my work experience considered legal?
7.1. Legal experience - this work in any legal position with a higher legal education. In accordance with the FEDERAL LAW of July 21, 1997 N 118-FZ "On BAILIFFS", Article 3. Requirements for a person appointed to the position of bailiff
1. A bailiff can be a citizen of the Russian Federation who has reached the age of twenty, who has a secondary (complete) general or secondary vocational education (for a senior bailiff - a higher legal education, who is capable, due to his business and personal qualities, as well as for health reasons, of fulfilling his duties. his responsibilities.
Thus, it all depends on your position.. If you are not a senior bailiff, then your experience cannot be considered legal..
Did the answer help you?
8. Is legal experience required for a bailiff under the OUPDS?
8.1. Yes, in SPI legal. experience is coming.
Did the answer help you?
9. I work as a bailiff for OUPDs in the Federal Social Insurance Fund and am being laid off. Got a job in May 2019, no length of service, took 2019 vacation. How much should I expect?
9.1. On the last working day, a calculation is made, which includes:
compensation for unused vacation,
wages for the period worked,
one-time compensation for reduction in the amount of four months' average salary.
Did the answer help you?
10. I work as a bailiff for OUPDS in Nizhny Novgorod, I'm getting laid off. What amount can I count on, given that I took a leave of absence and have no length of service?
10.1. You are entitled to a salary for three months.
Did the answer help you?
11. I am the judge. bailiff for oopds. Due to the upcoming reorganization, we are going through the VC. I was diagnosed with hepatitis C using the PCR method. Accordingly, the commission did not let me through. How legal is this and what can be done? Thank you.
11.1. Hepatitis C is a serious disease.
There is a schedule of illnesses. The commission did not allow entry on this basis legally. You need serious treatment. All the best!
Did the answer help you?
12. Good day I have a question, dear Lawyers, I am currently working as a bailiff for the OUPDS, this is a junior position, that is, the position of a warrant officer, I have the rank of senior lieutenant, reserve officer, can I work as an officer as a warrant officer?
12.1. You can. What's the problem?
Did the answer help you?
12.2. Andrey! YES, you can, this is your military rank --- senior lieutenant is a reserve officer, and the position of bailiff for the OUPDS is a special position in the structure of the FSSP.
Did the answer help you?
13. I have been working at the FSSP SP for OUPDS since 06.2014, I have 19 years of service in the Ministry of Internal Affairs. Can I count on a pension for length of service in the enforcement authorities?
13.1. YES, this length of service counts towards receiving a preferential pension.
Did the answer help you?
Consultation on your issue
calls from landline and mobile phones are free throughout Russia
14. I am an active serviceman under a contract, before serving I worked as a bailiff under the OUPS, I switched to a contract without a break, the question in connection with the adoption of 328 Federal Law will count my length of service when calculating my pension and bonuses for length of service.
14.1. Until January 1, 2020, service in the FSSP was classified as civil service; it will not be counted toward length of service.
Did the answer help you?
14.2. Andrey, if you, as a bailiff, were certified in the new Federal Compulsory Service, and then went to military service according to the contract, the time you worked in the FSSP before entering military service would be counted towards your length of service for the purpose of granting a pension, according to the norms of Federal Law-328 and PPRF-941.
Since you entered military service before January 1, 2020, this is not your case, unfortunately...
Did the answer help you?
15. From 2003 to 2015, he served as a bailiff for the OUPDS. IN this moment I am serving under a contract. After the entry into force of the new Law on Court. bailiffs, can my seniority enter seniority.
15.1. Alexey, hello.
Yes. This is expressly stated in new edition Law of the Russian Federation "On pension provision persons who passed military service, service in internal affairs bodies, State fire service, authorities for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, troops of the National Guard of the Russian Federation, and their families" dated 02/12/1993 N 4468-1.
Did the answer help you?
16. From 2003 to 2016, I worked as a bailiff for the OUPDS in the FSSP, since 2016 I have been serving under a contract in the Moscow Region, should my service in the FSSP be counted towards my military service after the new law on API comes into force?
16.1. Only the period of service in compulsory enforcement agencies after January 1, 2020 will be counted toward length of service.
The period before January 1, 2020 refers to the state civil service, and it is not counted towards military service.
Did the answer help you?
17. I am a pensioner of the Ministry of Internal Affairs, I work as a bailiff for the OUPDS. I have the special rank of “retired police lieutenant colonel. I am interested in the question: in connection with the reorganization of the FSSP into a enforcement agency and the appointment to the position of duty officer” (ceiling - senior lieutenant internal service). Can I be denied a special rank? Honored in the Ministry of Internal Affairs?
17.1. Sergey, there is no practice of applying the law yet. However, you should act based on:
Federal Law of October 1, 2019 N 328-FZ "On service in the compulsory enforcement bodies of the Russian Federation and amendments to certain legislative acts Russian Federation"
Article 44. Assigning special ranks to citizens who served in the military, public service other types, civil service or municipal service
1. Citizens who have served in military service, other types of public service, civil service or municipal service, when appointed to positions in compulsory enforcement agencies, are awarded the first special rank in accordance with Articles 39 and 41 of this Federal Law in the manner established by the legislation of the Russian Federation, with taking into account the assigned special (military) rank, class rank or diplomatic rank and the duration of stay in the special (military) rank, class rank or diplomatic rank.
Please leave a review if possible.
Did the answer help you?
18. I worked for 2.8 years as a bailiff for the OUPDS, now I work in the Federal Penitentiary Service. The question is, will work experience as a bailiff count towards seniority?
18.1. No, it won’t, because these are different departments.
Did the answer help you?
19. 6 months ago, my husband got a job as a bailiff under the OUPDS, having higher education. In current During these 6 months, he completed a professional retraining program and received a legal education and was awarded the qualification “Lawyer”. To recalculate wages, only the head of the service has the right to provide documents on newly acquired education and a number of other documents to personnel service? He doesn't do this. Does he have these actions? legal right?
19.1. There is nothing like that in the FSSP; wages do not depend on what kind of education, legal or otherwise.
Did the answer help you?
20. Finished ped. college musician music teacher can I work as a bailiff under the OUPDS.
20.1. You can become a bailiff only from the age of 21, you must have Russian citizenship and completed higher legal or economic Education. The future bailiff and his immediate relatives should not have a criminal record or debts to the state.
Did the answer help you?
21. I was 10-15 minutes late when calling the bailiff (I wrote in the explanatory note that there were traffic jams). The bailiff drew up a report on administrative violation. How to defend yourself in court?
21.1. You don't need to defend yourself too much. Say you were 10 minutes late because of traffic jams. And add that I think that in in this case, it was possible not to draw up a protocol.
I was late due to circumstances beyond my control.
Did the answer help you?
21.2. Have a lawyer prepare a written explanation. You can try to refer to insignificance or use a different legal position.
Did the answer help you?
22. I was 10-15 minutes late when calling the bailiff (I wrote in the explanatory note that there were traffic jams). The bailiff drew up a report on the administrative violation. How to defend yourself in court?
22.1. Volodya.
Being late for an appointment with a bailiff of any department is not an administrative offense. Appeal the actions of the joint venture in court, in accordance with Chapters 12, 22 of the Code administrative proceedings RF within 10 days from the date of receipt of the Resolution.
Did the answer help you?
23. Application for the participation of the joint venture in the OUPDS for what actions and purposes did my debt collection bailiff submit this application.
23.1. It is supplied for forced drive. Apparently you do not appear when the bailiff is called to the SSP. And he decided to deliver you. If you don’t want this, then come to him yourself.
Did the answer help you?
24. Do bailiffs have the right under the OUPDS to draw up a protocol under Article 17.3 of the Code of Administrative Offenses of the Russian Federation for smoking near the courthouse.
24.1. Yes, this is their direct responsibility, including drawing up protocols for such an administrative offense as smoking near the courthouse.
Did the answer help you?
25. Is it the duty of the bailiff under the OUPDS to check people entering the courthouse under the “guardian” program? Thank you.
25.1. Federal legislation does not regulate this. It all depends on the contract and internal documents of this institution, approved by the head.
Did the answer help you?
IN judicial practice There are cases when one of the interested parties (plaintiff or defendant) does not come to court hearings. In such situations, the consideration of the case may be postponed, or the court may issue a default judgment.
But when considering criminal cases, the presence of the accused or an important witness is necessary. In these cases, bailiffs, by decision of a judge or prosecutor, forcibly bring the citizen into the courtroom.
The procedure for forced bringing is regulated by Order of the Ministry of Justice of Russia dated July 13, 2016 N 164 “On approval of the Procedure for carrying out bringing by bailiffs to ensure the established procedure for the activities of courts.”
The text of the order is presented below:
On approval of the Procedure for bringing bailiffs to ensure the established procedure for the activities of courts
In order to implement the provisions of articles 111, 113, 247 Criminal procedural code Russian Federation (Collection of Legislation of the Russian Federation, 2001, No. 52 (Part 1), Art. 4921; 2002, No. 22, Art. 2027; 2003, No. 27 (Part 1), Art. 2706; 2006, No. 31 ( Part 1), Article 3452; 2007, No. 24, Article 2830), Articles 27.1 and 27.15 of the Code of the Russian Federation administrative offenses(Collected Legislation of the Russian Federation, 2002, No. 1 (Part 1), Art. 1; 2005, No. 19, Art. 1752; 2007, No. 31, Art. 4007; 2011, No. 29, Art. 4289, No. 30 ( Part 1), Art. 4573; 2014, No. 30 (Part 1), Art. 4233, No. 42, Art. 5615), Article 168 of the Civil Procedure Code of the Russian Federation (Collection of Legislation of the Russian Federation, 2002, No. 46, Art. . 4532; 2008, No. 24, Art. 2798), Articles 116 and 120 of the Code of Administrative Procedure of the Russian Federation (Collection of Legislation of the Russian Federation, 2015, No. 10, Art. 1391), Federal Law of July 21, 1997 No. bailiffs" (Collected Legislation of the Russian Federation, 1997, No. 30, Art. 3590; 2000, No. 46, Art. 4537; 2004, No. 27, Art. 2711, No. 35, Art. 3607; 2007, No. 10, Art. 1156; 2008, No. 1, art. 3588, no. 2, art. 3616, no. 1, art. 6235; 48, art. 5717; 2011, art. 4287, no. 49, art. 7067, art. 1657, No. 27, Art. 3477, No. 52 (Part 1), Art. 6953; 2014, No. 6, art. 558, No. 11, Art. 1094, art. 1099, No. 19, Art. 2331, No. 52 (part 1), art. 7552; 2015, No. 1 (part 1), art. 50, No. 10, Art. 1427; 2016, No. 1 (part 1), art. 45), Federal Law dated October 2, 2007 No. 229-FZ “On enforcement proceedings"(Collected Legislation of the Russian Federation, 2007, No. 41, Art. 4849; 2008, No. 20, Art. 2251; 2009, No. 1, Art. 14, No. 23, Art. 2761, No. 29, Art. 3642, No. 39 , art. 4540, no. 6162; 2010, no. 4182, no. 7, no. 2312, no. , Art. 4287, No. 1, Art. 4574, No. 48, No. 49, Art. 7041, No. 4 ), Art. 7067, Art. 7347, Art. 7357, Art. 4333; , art. 1657, no. 1, art. 4039, no. 6678, art. 6699, no. 1, art. 7006; 1099, No. 19, No. 30, No. 42, No. 5615, No. 52 (part 1) 2015, No. Yu, Art. 1410, Art. 1427, No. 27, Art. 3977, No. 48 6706; 2016, no. 1, art. 13, art. 64, no. 18, Art. 2511), Decree of the President of the Russian Federation of October 13, 2004 No. 1313 “Issues of the Ministry of Justice of the Russian Federation” (Collected Legislation of the Russian Federation, 2004, No. 42, Art. 4108; 2005, No. 44, art. 4535, No. 52 (part 3), art. 5690; 2006, No. 12, art. 1284, No. 19, Art. 2070, No. 23, Art. 2452, No. 38, Art. 3975, No. 39, art. 4039; 2007, No. 13, art. 1530, No. 20, art. 2390; 2008, No. 10 (part 2), art. 909, No. 29 (part 1), art. 3473, No. 43, Art. 4921; 2010, No. 4, Art. 368, No. 19, art. 2300; 2011, No. 21, art. 2927, art. 2930, No. 29, Art. 4420; 2012, No. 8, art. 990, No. 18, Art. 2166, No. 22, Art. 2759, No. 38, Art. 5070, No. 47, Art. 6459, No. 53 (part 2), art. 7866; 2013, No. 26, art. 3314, No. 49 (Part 7), Art. 6396, No. 52 (part 2), art. 7137; 2014, No. 26 (part 2), art. 3515, No. 50, art. 7054; 2015, No. 14, Art. 2108, No. 19, Art. 2806, No. 37, Art. 5130; 2016, No. 1 (part 2), art. 207, art. 211, No. 19, Art. 2672), as well as increasing the efficiency of the Federal Bailiff Service, I order:
I order the Federal Bailiff Service:
Approve the Procedure for enforcement by bailiffs to ensure the established procedure for the activities of courts.
The procedure for enforcement by bailiffs to ensure the established procedure for the activities of courts
I. General provisions
1. Bringing a person in accordance with the provisions of Article 111, Part 1 of Article 113, Article 247 of the Criminal Procedure Code of the Russian Federation, Articles 27.1 and 27.15 of the Code of the Russian Federation on Administrative Offences, Part 2 of Article 168 of the Civil Procedure Code of the Russian Federation, Article 116 and parts 1 of Article 120 of the Code of Administrative Proceedings of the Russian Federation, as well as part 5 of Article 24 of the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings” (hereinafter referred to as the person to be brought) is carried out by a bailiff to ensure the established procedure for the activities of courts (hereinafter referred to as - bailiff under OUPDS) on the basis of a resolution (ruling) of a court (judge), a ruling of a bailiff approved by a senior bailiff or his deputy, as well as an investigator of the Federal Bailiff Service (hereinafter referred to as the ruling (ruling) on the arrest and the initiator of the arrest, respectively ) by forcibly delivering (accompanying) the person to be brought to the place of summons by the initiator of the drive.
2. Drive as a measure procedural coercion persons listed in Part 6 of Article 113 of the Criminal Procedure Code of the Russian Federation and Part 2 of Article 120 of the Code of Administrative Proceedings of the Russian Federation are not subject to this.
II. Organization of drive implementation
3. Resolution (definition) on the drive no later than the day following the day of its receipt structural subdivision Federal Bailiff Service or its territorial body, is registered by the person responsible for office work in the Journal of Registration of Resolutions (Determinations) on Arrest (Appendix to this Procedure) and is transferred for the organization of timely execution to the senior bailiff or his deputy, who is responsible for organizing the provision of the established procedure for the activities of the courts (hereinafter referred to as the deputy senior bailiff).
4. The senior bailiff or the deputy senior bailiff checks the decree (ruling) on the summons to ensure that it contains data that allows the bailiff to establish the identity of the person subject to the summons according to the OUPDS (last name, first name, patronymic (if any), date and place of birth ), the expected location, date, time and place where the person to be brought should be delivered. If the resolution (definition) on the presentation does not contain the necessary data, the senior bailiff or deputy senior bailiff informs the initiator of the presentation about this.
5. The senior bailiff or deputy senior bailiff entrusts the execution of the decision (ruling) on the arrest to the bailiff under the OUPDS or in necessary cases group of bailiffs for the OUPDS and appoints a senior group of bailiffs for the OUPDS.
6. On the day of the arrest, the senior bailiff or deputy senior bailiff determines and checks the equipment, equipment, special means, uniform, availability of badges and service certificates of bailiffs according to the OUPDS; resolves the issue of providing bailiffs for OUPDS with vehicles and, if necessary, military hand-held small arms and ammunition for them; conducts instructions taking into account the specific features of each drive.
III. Implementation of the drive
7. The bailiff for the OUPDS or the senior group of bailiffs for the OUPDS, after receiving the decree (determination) on the arrest, the senior bailiff or the deputy senior bailiff’s briefing, begins to execute it.
8. A bailiff under the OUPDS or a group of bailiffs under the OUPDS go to the place specified in the decree (definition) of the arrest.
9. The bailiff under the OUPDS has the right, when bringing a person evading appearance on a summons from the court (judge), an investigator of the bailiff service or a bailiff, to enter the territory, premises for the purpose of detaining and forcibly delivering the person evading appearance on call, if there are reasonable grounds to believe that the specified person may be on this territory, in this premises; when bringing a person who is evading appearance when summoned by the court (judge), to enter residential premises in the case specified in the ruling of the court (judge)1.
10. Upon arrival at the location of the person to be brought specified in the decree (definition) of the arrest, the bailiff for the OUPDS or the senior group of bailiffs for the OUPDS:
introduces himself, states his position and surname, presents service ID and announces the purpose of his arrival;
checks identification documents of the person to be brought in;
announces the resolution (ruling) on the arrest to the person subject to the arrest, which is certified by his signature in the resolution (ruling) on the arrest; if the person subject to the arrest refuses to sign the resolution (ruling) on the arrest, a corresponding entry is made;
determines whether there are circumstances preventing the execution of the drive.
11. Personal search, examination of things that are on an individual, that is, an examination of things carried out without violating their structural integrity, is carried out if necessary in order to detect instruments of commission or objects of an administrative offense (Article 27.7 of the Code of the Russian Federation on Administrative Offenses (Collected Legislation Russian Federation, 2002, no. 1, art. 1; 2003, no. 4847; 2008, no. 5748; 2014, no. 5615).
12. When carrying out a drive, bailiffs under the OUPDS have the right, in cases and in the manner provided for in Articles 15-18 of the Federal Law of July 21, 1997 No. 118-FZ “On Bailiffs,” to use physical force, special means and firearms, if other measures did not ensure the fulfillment of their duties.
13. The person to be brought, after being delivered to the place of summons by the initiator of the drive, on his behalf, is under the control of a bailiff under the OUPDS or a senior group of bailiffs under the OUPDS until the end of the court hearing, the commission of procedural or executive actions.
14. About the implementation of the drive, the bailiff under the OUPDS or the senior group of bailiffs under the OUPDS informs the senior bailiff or the deputy senior bailiff with the simultaneous transfer of a resolution (ruling) on the drive with the mark of the initiator of the drive, and also notifies in writing about all cases of incidents (if available) upon delivery of the person to be brought.
15. The bailiff under the OUPDS or the senior group of bailiffs under the OUPDS informs the initiator of the enforcement, as well as the senior bailiff or deputy senior bailiff in writing with attached copies of documents confirming the circumstances preventing the execution of the drive (if any).
In accordance with the Federal Law of July 21, 1997 N 118-FZ “On Bailiffs,” bailiffs are entrusted with the tasks of ensuring the established procedure for the activities of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, courts of general jurisdiction and arbitration ships.
At the beginning of 2013, 63 buildings of arbitration courts and 42 buildings of general jurisdiction courts were provided with round-the-clock security.
Execution of the state function of ensuring the established procedure for the activities of courts includes the following administrative procedures:
a) ensuring the safety of judges, assessors, trial participants and witnesses in courts;
b) fulfilling the orders of the chairman of the court, as well as the judge or presiding judge at the court session related to maintaining order in court;
c) execution of an act of a court or other body on application to the defendant and other citizens provided by law measures of procedural coercion, including ensuring the transfer of foreign and other persons to special institutions, as well as to checkpoints through state border RF in case of their placement outside Russia;
d) ensuring the security of court buildings, deliberation rooms and court premises in work time, as well as at the direction of the senior bailiff - around the clock;
e) checking the preparation of court premises for the hearing, ensuring delivery to the place of the trial and ensuring the safety of both the criminal case itself and material evidence;
f) maintaining public order in court premises;
g) interaction with units for escorting persons in custody on issues of their safety and security;
h) preventing and suppressing crimes and offenses, identifying violators, drawing up a protocol on an administrative offense, and, if necessary, detaining them with their subsequent transfer to internal affairs bodies;
i) bringing in persons who evade appearing in court or before a bailiff;
j) participation in the performance of executive actions and ensuring their safety.
Ensuring the safety of judges, assessors, trial participants and witnesses in the courts consists of the implementation by bailiffs to ensure the established procedure for the activities of courts (OUPDS) of measures to prevent and suppress attacks on the life and health of the above-mentioned persons.
Ensuring the safety of protected persons is carried out by bailiffs according to the OUPDS in the court premises, as well as in other premises where the court hearing is held. Security is provided throughout the court hearing, including, if necessary, at the direction of the senior bailiff in the evenings, weekends and holidays.
In order to ensure the correct and timely implementation of the orders of the chairman of the court, his deputy, the presiding judge at the court hearing and the judges to ensure the safety of protected persons, the bailiff for the OUPDS, having assessed the reality of the threat to the life and health of these persons, immediately makes a decision to ensure their safety. If it is necessary to attract additional forces and resources, he reports this to the senior bailiff. The protected person is informed of the security measures taken regarding him.
Ensuring the safety of protected persons in the court premises is carried out by taking the following measures:
The establishment by the senior bailiff of places of duty for bailiffs under the OUPDS in the court premises, including in the courtroom, as well as at the entrance to the deliberation room while the judges are there making a decision on the case;
Inspection by bailiffs according to the OUPDS before the court hearing of the court premises, deliberation room and other premises where protected persons may be located, for the detection of ownerless items, flammable, explosive, poisonous and other dangerous items. If the listed things and objects are found, bailiffs report this to the internal affairs bodies, the Ministry of Emergency Situations and the FSB;
Carrying out personal searches of citizens located in court premises and searches of their belongings. If necessary, bailiffs under the OUPDS have the right to detain these citizens and subsequently transfer them to the internal affairs bodies, where they also report the discovery of the listed things and objects;
Checking the proper operation of communication and notification means, including emergency ones;
Removal from the courtroom by order of the judge of persons who violated the established order during the court hearing;
The use of physical force, special means and firearms in cases and in the manner provided for by the Federal Law “On Bailiffs”.
Bailiffs, to ensure the established procedure for the activities of courts, have the right to use physical force, special means and firearms, if other measures do not ensure the fulfillment of their duties.
When using physical force, special means and firearms, the bailiff, to ensure the established order of court activities, is obliged to:
Warn about the intention to use them, while providing persons against whom physical force, special means and firearms are intended to be used, sufficient time to fulfill their requirements, except in cases where delay creates an immediate danger to the life and health of the bailiff or other citizens , may lead to other grave consequences or when, in the current situation, such a warning is impossible;
Use the specified force, means and weapons in proportion to the nature and degree of danger of the offense, the strength of the counteraction, striving to ensure that any damage caused is minimal;
Ensure provision first aid persons who received bodily injuries and notify them as soon as possible short term their relatives.
The bailiff to ensure the established procedure for the activities of courts within 24 hours from the moment of their use reports in writing to the senior bailiff and the chairman of the relevant court about all cases of the use of physical force, special means and firearms, and in the event of death or injury, in addition , notifies the prosecutor.
Bailiffs under the OUPDS can use physical force, including combat techniques, to suppress crimes and administrative offenses, detain the persons who committed them, or detain persons in accordance with by judicial act or overcoming opposition to the legal requirements of a bailiff.
To ensure the established procedure for the activities of courts, bailiffs can use special means available in their arsenal for:
Repelling attacks on judges, assessors, trial participants and witnesses, as well as citizens in court premises;
Suppressing resistance to a bailiff or attacks on him in connection with the performance of his official duties;
Detention of a person committing a crime against life, health or property;
Delivering detainees to the police when their behavior gives reason to believe that they may escape or cause harm to others;
Execution of forced bringing to court or to a bailiff of persons who evade execution legal requirements bailiff to appear in court or to a bailiff.
Bailiffs to ensure the established order of court activities may use firearms for:
Repelling attacks on judges, assessors, trial participants and witnesses, as well as on citizens and bailiffs - when their lives and health are endangered;
Before using a firearm to kill, it may be used to fire a warning shot.
It is prohibited to use special means and firearms against women, persons with obvious signs of disability and minors when their age is obvious or known to the bailiff, except in cases of armed resistance, a group or armed attack that threatens the lives of citizens.
While performing security duties individuals Bailiffs under the OUPDS must follow the following rules:
Maintain neat appearance;
Do not display weapons or other equipment unnecessarily;
Answer various questions about weapons and equipment briefly, politely, without going beyond official boundaries;
Do not transfer weapons and equipment to others;
When interacting with others in the performance of their official duties, bailiffs must strive to combine the firmness of their demands with polite communication.
In criminal proceedings in case of failure to appear in court when summoned without good reasons the suspect, the accused, as well as the victim and witness may be brought in.
The drive consists of forcibly bringing a person to court, carried out by a bailiff under the OUPDS.
Before its execution, a judge's decision or a court ruling on the arrest is announced to the person who is subject to the arrest, which is certified by his signature on the ruling or ruling.
If there are sufficient grounds to believe that citizens being brought to court have weapons, ammunition, explosives, explosive devices, narcotic drugs or psychotropic substances, bailiffs, in order to ensure the established procedure for the activities of courts, have the right to check their identity documents, carry out a personal search of these citizens and search their belongings. If necessary, bailiffs to ensure the established procedure for the activities of courts have the right to detain these citizens and subsequently transfer them to the internal affairs bodies.
The drive cannot be carried out at night, except in urgent cases.
Minors under the age of fourteen, pregnant women, as well as patients who, for health reasons, cannot leave their place of stay are not subject to transportation, which must be certified by a doctor.
About all cases of detention at night by a bailiff to ensure the established procedure for the activities of courts within twenty-four hours in in writing notifies the senior bailiff.
To ensure the established order of court activities, bailiffs ensure the security of court buildings, deliberation rooms and court premises during working hours.
When ensuring the protection of these objects, bailiffs under the OUPDS have the right to check the identification documents of citizens located in court premises, as well as carry out their personal search and search of the things they have with them if there are sufficient grounds to believe that these citizens have weapons with them , ammunition, explosives, explosive devices, narcotic drugs or psychotropic substances.
When implementing access control In 2012, in 2012, bailiffs stopped attempts to bring more than 71 thousand firearms, gas, traumatic and bladed weapons and more than 2.8 thousand electric shock devices into court buildings.
Bailiffs to ensure the established procedure for the activities of courts carry out their activities in accordance with the instructions and orders of the senior bailiff and the established rules of service.
To ensure the established procedure for the activities of courts, bailiffs guard court buildings in accordance with the post report card. The post report card is developed by the senior bailiff and agreed upon with the chairman of the relevant court.
The post report card contains:
Post deployment plan;
A list of objects under the protection of bailiffs, the seals with which they are sealed;
Bailiff traffic routes;
Special duties of bailiffs at each post.
The court maintains daily checklists. I have indicated a typical duty sheet in Appendix B. At the end of the working day, the duty sheet must be handed over to the senior bailiff.
Post records are kept in the archives of the senior bailiff for one year.
Upon receipt of instructions from the senior bailiff on the protection of court premises and conference rooms, the bailiff to ensure the established procedure for the activities of courts is obliged to:
a) inspect the seals on entrance doors premises for holding court hearings;
b) check the serviceability of the alarm system, communication equipment, fire alarm system with a note in a special journal and, if any deficiencies are found, report to the chairman of the court;
c) inspect the venue of the court hearing.
If damage to doors, locks and seals is detected in secured premises or if there are other signs of penetration into the premises, the bailiff, according to the OUPDS, immediately notifies the senior bailiff and the chairman of the court. The bailiff under the OUPDS is obliged to systematically inspect the corridors, utility rooms, public places, staircases, by walking around and inspecting them, check that there is no free access for unauthorized persons to the attic and basement spaces.
When identifying persons in the court premises who are in a state of alcohol, drug or toxic intoxication, violating the established procedure for the activities of the court, the bailiff to ensure the established procedure for the activities of the courts is obliged to find out the reason for their presence in the court building, in the case where the persons are participants in the trial or witnesses, report this to the presiding officer or judge. Having received an order from the presiding judge or judge to remove them from the courthouse, invite them to leave this room, and in case of refusal, remove these persons from the courthouse.
The senior bailiff, if it is necessary for the presence of a bailiff under the OUPDS in the courtroom, requests information about the time and place of the meeting, the number of participants in the trial, the degree of social danger of the defendant, the number of bailiffs to ensure the established procedure for the activities of the courts, required to ensure the safe conduct of the trial .
The execution of specific official assignments by bailiffs to ensure the established procedure for the activities of courts outside the courtroom is carried out on the basis of orders of the senior bailiff.
Before the start of the court session, the bailiff according to the OUPDS reports to the judge about his arrival and, until the end of the court session, carries out his orders related to the security of the deliberation room and the premises of the court session during working hours.
During the court hearing, the bailiff for the OUPDS is constantly in the courtroom. You are allowed to leave the courtroom only with the permission of the judge. At the direction of the senior bailiff, it is allowed to replace the bailiff under the OUPDS with another bailiff.
When performing his duties, the bailiff to ensure the established procedure for the activities of the courts in accordance with the specific situation, independently, within the powers granted to him, determines a set of measures aimed at suppressing illegal actions.
At the end of the court session, the bailiff under the OUPDS submits to the senior bailiff a written report on the end of the court session, on the received appeals from the judge, the participants in the trial, as well as on all incidents in the courtroom and the measures taken. A written report of the bailiff on ensuring the established procedure for the activities of the courts on the end of the court session is endorsed by the chairman of the court, the presiding judge at the court session or the judge.
If several court hearings are held in one room or by one judge, the bailiff, to ensure the established procedure for the activities of the courts, submits a written report after the completion of the last meeting.
Written reports of bailiffs on ensuring the established procedure for the activities of courts are stored in the archives of the senior bailiff for three years.
The bailiff, to ensure the established procedure for the activities of the courts, on behalf of the judge, as well as by order of the senior bailiff, ensures the delivery and safety of criminal cases and material evidence from the court office to the place of the court hearing or to the judge’s office.
Having received an order to ensure the delivery to the court hearing and the protection of the criminal case and material evidence, the bailiff according to the OUPDS arrives at the court office together with the secretary of the court session. After the secretary of the criminal case and material evidence has received it, the bailiff according to the OUPDS accompanies him to the place of the court hearing.
To ensure the safety of criminal cases and material evidence at the venues of the court hearing, the bailiff must take the following precautions to ensure the established procedure for the activities of the courts:
a) the premises in which the court hearing will be held or where the case and material evidence will be temporarily located (with their placement in a safe) have been previously checked;
b) the issue of protecting the premises where the criminal case is located, as well as during the court hearing - the immediate presence of material evidence near the criminal case has been resolved;
c) attracting additional forces and resources to security through the senior bailiff;
d) checking the complete exclusion of the possibility of penetration into Staff only unauthorized persons;
e) periodically check the reliability of the locks on windows and doors;
f) report all detected violations to the chairman of the court, the judge and the senior bailiff.
After graduation judicial trial The bailiff under the OUPDS, together with the secretary, delivers the criminal case and material evidence to the court office, where he is present when they are handed over in the prescribed manner.
When the court considers criminal cases, for the purposes of security and prevention of possible violations of public order in court proceedings, attacks on participants in the trial, the senior bailiff takes measures to strengthen the escort unit with bailiffs to ensure the established procedure for the activities of the courts.
Interaction between bailiffs under the OUPDS with units for escorting persons in custody is carried out in accordance with the interaction plan, which distributes the actions of bailiffs to ensure the established procedure for the activities of courts and employees of the escort unit on the following issues:
Repelling attacks on judges and other participants in the process;
Suppressing attempts to seize weapons or special means;
Repelling a group or armed attack on a court and court premises;
Suppressing escape from custody, as well as suppressing attempts to forcibly release persons in custody.
To ensure the established procedure for the activities of courts, the bailiff, interacting with the escort unit, is obliged to:
Know and strictly implement the joint action plan, strictly follow the instructions of the senior bailiff, when in the courtroom, take the place indicated by the senior bailiff or determined independently, and constantly monitor the defendants, other participants in the process, and citizens present, be in constant readiness to take immediate action to prevent the escape of defendants and their attacks, or the commission of illegal actions;
Have with you a serviceable service weapon and special equipment;
Conduct constant monitoring of escorts;
Be prepared to immediately suppress the illegal actions of the defendants;
If there are grounds to propose to the convoy to conduct a personal search of the defendant or several defendants;
At the end of the trial, after the defendants have been removed from the courtroom and released by the trial participants and citizens, conduct a thorough inspection of the courtroom, including the location of the defendants behind the barrier.
To ensure the established order of court activities, bailiffs are prohibited from:
Enter into conversations with escorts that are not related to the escort procedure;
Accept from them or transfer to them from strangers any objects, notes, food, accept letters for sending;
Disclose the organization of security for the defendants, as well as other information related to the escort.
Bailiffs to ensure the established procedure for the activities of courts in the event of failure to comply with their legal orders to stop actions that violate the rules established in court, in the event of obstruction of their legal activities when they are in the performance of their official duties, as well as in the identification of any administrative offenses committed in the courthouse (court premises), protocols on administrative offenses are drawn up, and delivery and administrative detention individuals.
And at the end of this paragraph, I will give some more statistical data presented in the report of the Director of the FSSP of Russia Parfenchikov A.O. at the board of the FSSP of Russia based on the results of activities for 2012. Thus, bailiffs under the OUPDS carried out 67.6 thousand administrative arrests in courts, transferred about 16.8 thousand foreign citizens and stateless persons to special institutions, and expelled about 15.9 thousand persons from the Russian Federation. More than 3 thousand wanted persons were detained and transferred to the internal affairs bodies.
In the past year, bailiffs executed more than 6.6 million applications for ensuring the security of trials and about 5.2 million applications for ensuring security when carrying out enforcement actions by bailiffs. More than 533.5 thousand were brought to court, about 396 thousand - to bailiffs, more than 24.8 thousand - to investigators.