Misplaced Pages

Federal Bailiff Service

Article snapshot taken from Wikipedia with creative commons attribution-sharealike license. Give it a read and then ask your questions in the chat. We can research this topic together.

The Federal Bailiff Service ( FSSP , Russian : Федеральная служба судебных приставов [ФССП], Federalnaya Sluzhba Sudebnykh Pristavov , FSSP Rossii ) is a federal law enforcement agency of the Ministry of Justice of Russia .

#297702

64-450: The FSSP is the enforcement arm of the Judiciary of Russia , serving as the primary agency for protection of officers of the court , effective operation of the judiciary, fugitive operations, and providing security services and maintaining order within court facilities across Russia. The FSSP's head office is located at 16 Kuznetsky Most , Central Administrative Okrug , Moscow . The FSSP

128-564: A court of first instance in cases where important interests of state are at issue; in this case it normally consists of a judge and a jury, but occasionally consists of three judges. There are 115 members of the Supreme Court. At plenary sessions the Supreme Court studies the judicial decisions of lower courts on various topics and adopts resolutions, which establish recommendations on the interpretation of particular provisions of law for lower courts for uniform application. The Presidium of

192-480: A higher legal education (commonly a specialist degree ), have at least 5 years of experience in the legal profession, and pass an examination from the Ministry of Justice . A candidate for a position of a judge of garrison military court has to meet the same conditions as for a candidate for a position of a judge of district court. Initially, a candidate for a position of a judge of garrison military court had to have

256-558: A military rank of commissioned officer , because judges of military courts were military personnel (although not subordinated to any military authority); however, since 30 June, 2009, when the amendments, contained in Federal Constitutional Law of 29 June, 2009, №3-FKZ, entered into force, judges of military courts are no longer military personnel and candidates are no longer necessary to have military rank of commissioned officer . Magistrates are usually appointed by

320-1236: A broad sense are directly prosecutors (who leads prosecutor's offices), their deputies, senior assistants and junior assistants. All of them are federal government officials , have special ranks (Russian: классные чины ) and wear special uniform with shoulder marks . Military prosecutors (in a broad sense) are military personnel, have military ranks of commissioned officers and wear military uniform with shoulder marks but they are not subordinate to any military authority (excepting higher military prosecutor). Russian Criminal Procedure Code provides 2 forms of criminal investigation ( Предварительное расследование  [ ru ] ): directly investigation ( Предварительное следствие  [ ru ] ) and initial inquiries ( Дознание  [ ru ] ). In this connection, there are two categories of investigators ( detectives ): directly investigators ( Следователь  [ ru ] ) and persons conducting an initial inquiry ( Дознаватель  [ ru ] ), in Russia. Both of these categories of law-enforcement personnel are not among operational personnel ( Оперуполномоченный  [ ru ] ) which carry out

384-465: A broad sense) are military personnel, have military ranks of commissioned officers and wear military uniform with shoulder marks but they are not subordinate to any military authority (excepting higher military investigator). There are 5 law-enforcement authorities where persons conducting an initial inquiry ( Дознаватель  [ ru ] ) serve, in Russia: In Russia , anyone with

448-510: A draft bill to amend the order of the excitation of questions about the responsibility of governors, in 1903 - the draft law on probation, which was completely new and very democratic institution in Russia, in the same year, the Ministry of Justice was designed by disciplinary regulations governing the punishment of official misconduct, and in 1904, a draft law on some of the changes in the prosecution of criminal liability, and public order offenses. In

512-523: A legal education (lawyer) can practice law, but only a member of the Advokatura ( Адвокатура ) may practice before a criminal court (other person can be a defence counsel in criminal proceeding along with a member of Advokatura but not in lieu him) and Constitutional Court (leaving aside persons having academic degree of candidate or doctor in juridical sciences who also can represent parties in constitutional proceeding). Specialist degree in law

576-407: A narrow sense). Cassation courts became operational on October 1, 2019. They carry out the cassation review of cases which were heard by district courts or garrison military courts as the courts of first instance. Appellate courts became operational on October 1, 2019. They carry out the appeal review of cases which were heard by regional courts or military courts of military districts/fleets as

640-426: A non-criminal nature, minor civil cases such as simple divorces, some property cases, disputes over land, and some labor cases, as well as some cases of administrative offenses and administrative cases. The magistrates were expected to hear two-thirds of all civil cases and close to 100,000 criminal cases. Arbitration courts ( арбитражный суд ; also called arbitrazh or commercial courts) hear cases dealing with

704-471: A wide matter of contractual issues, such as rights of ownership, contract changes, performance of obligations, loans, bank accounts, and insolvency (bankruptcy) of juridical persons and natural persons. They operate independently of the other courts. The system of arbitration courts is supervised 30-Judge Judicial Chamber for Commercial Disputes that is part of an expanded Russian Supreme Court effective from August 8, 2014. Arbitration circuit courts carry out

SECTION 10

#1733085530298

768-685: Is aided by the Judicial Department of the Supreme Court, the Higher Qualification Board of Judges , and the Ministry of Justice , and the various courts' presidents. And although there are many officers of the court , including jurors , the Prosecutor General remains the most powerful component of the Russian judicial system. The judiciary faces many problems and a widespread lack of confidence. There have been serious violations of

832-648: Is nominated by the President of Russia and appointed by the majority of Federation Council for a term of five years. If the nomination fails, the President must nominate another candidate within 30 days. The resignation of the Prosecutor General before the end of his term should be approved by both a majority of Federation Council and the President. The Prosecutor General leads the General Prosecutor's Office of

896-545: Is responsible for administration of the courts, such as selection and training of judicial candidates, working with law institutes, and qualifications of judges and other court officers. It is expected to enhance the independence of the judicial branch. It also supports the Council of Judges and the Higher Judges' Qualifications Board. Judicial Qualification Board are bodies of judicial self-regulation that were established at

960-534: Is similar to jurisdiction of regional courts, but military courts of military districts/fleets hear and review the cases relating to the military personnel only. District courts ( районный суд or городской суд ; also called rayon or raion courts), which were called People's Courts until 1996, are primarily courts of first instance but sometimes hear appeals from magistrates . They are formed in areas ( районах or rayons ), urban areas ( районах в городах ), and towns ( городах ). Decisions of

1024-759: Is the Chief Military Investigative Department which is subordinate to the Investigative Committee and have own subordinated military investigative departments (military investigative department of the Western Military District , military investigative department of the Eastern Military District , military investigative department of the Southern Military District , military investigative department of

1088-463: Is the most commonly awarded academic degree in Russian jurisprudence but after Russia's accession to the Bologna process only bachelor of laws and master of laws academic degrees are available in Russian institutions of higher education. An "advocate" is a lawyer who has demonstrated qualification and belongs to an organizational structure of Advocates specified by law, known as being " called to

1152-424: The 2020 Constitutional amendments . As for 2020, only twelve republics had their own constitutional courts, while two oblasts ( Sverdlovsk and Kaliningrad ) and one federal city ( Saint Petersburg ) had charter courts. Two republics ( Buryatia and Tuva ) and one oblast ( Chelyabinsk ) had abolished their constitutional/charter courts before 2020. In the republics of Bashkortostan , Tatarstan , and Sakha ,

1216-875: The Central Military District , military investigative department of the Northern Fleet , military investigative department of the Baltic Fleet , military investigative department of the Black Sea Fleet , military investigative department of the Pacific Fleet , military investigative department of the Strategic Missile Forces and Moscow city military investigative department) which in turn have own subordinated military investigative divisions ( garrison military investigative divisions). Investigators of

1280-729: The Federal Bailiffs Service (FSSP) and the Federal Penitentiary Service (FSIN). The Ministry of Justice is headquartered at Zhitnaya Street 14 in Yakimanka District , Central Administrative Okrug , Moscow . The Ministry of Justice was founded in 1991 by renaming of the Ministry of Justice of the Russian SFSR following the dissolution of the Soviet Union , but claims succession from the Ministry of Justice of

1344-509: The Investigative Committee in a broad sense are directly investigators, senior investigators, heads of investigative divisions and their deputies, heads of investigative departments and their deputies, Chairman and Vice-Chairmen of the Investigative Committee. All of them are federal government officials , have special ranks (Russian: специальные звания ) and wear special uniform with shoulder marks . Military investigators (in

SECTION 20

#1733085530298

1408-480: The President of Russia Vladimir Putin , from 9 March 2004, Decree Number 314 "On the system and structure of the federal executive authorities". The FSSP is headed by a director, a position which is accompanied with the title of Chief Bailiff of the Russian Federation. The current director is Sergey Sazanov, who has held the position since 15 February 2017. Sazanov was appointed as acting director following

1472-668: The President of Russia , except for the judges of the Supreme Court, who are appointed by the Federation Council after being nominated by the President of Russia, and serve for life. Candidates are recommended by the Qualification Board / Higher Judges' Qualifications Board to the President , who in turn recommends candidates to the Federation Council. The judges of the Constitutional Court are nominated by

1536-552: The autonomous oblasts , and courts of the autonomous okrugs . The courts sit as both courts of first instance and appellate courts. As courts of first instance, they hear more complex civil cases, serious criminal cases and administrative cases with participation of regional authorities. A judge and a jury, or alternatively 3 judges, hear these cases. As appellate courts, they hear decisions of district courts that have not yet entered into force, and consist of 3 judges. The jurisdiction of military courts of military districts/fleets

1600-538: The federal constitution , as well as treaties between the national government and a regional governments and between regional governments. It is composed of 11 judges (with the quorum of 8), and sits in plenary sessions . The President of the Court presides over the sessions. Constitutionality of laws, disputes concerning competence of governmental agencies, impeachment of the President of Russia , and Constitutional Court's proposals of legislation must be dealt with by

1664-461: The federal subjects are subordinate to the Investigative Committee , and the investigative divisions of towns and raions are subordinate to the investigative departments of the federal subjects. There are specialized investigative departments (investigative departments on transport, investigative department of Baikonur Cosmodrome ) which are subordinate to the Investigative Committee and have own subordinated investigative divisions. Finally, there

1728-579: The law of Russia . It is defined under the Constitution and law with a hierarchical structure with the Constitutional Court and Supreme Court at the apex. The district courts are the primary criminal trial courts , and the regional courts are the primary appellate courts . The judiciary is governed by the All-Russian Congress of Judges and its Council of Judges , and its management

1792-454: The Act of 16 June 1884 was enhanced sentence for embezzlement and theft of service, including those of the privileged classes. At the request of the Ministry of Justice, 26 May 1881 was canceled public executions. In the area of civil rights 19 May 1881 were compiled by the Ministry of Justice rules on how to strengthen the rights of real estate. All legislative proposals submitted to the conclusion of

1856-473: The Court of intellectual rights and the second - by the Judicial Chamber for Commercial Disputes of Supreme Court of Russia. Arbitration appellate courts carry out the appeal review of cases which were heard by arbitration courts of the federal subjects as the courts of first instance. Arbitration courts of the federal subjects hear the vast majority of cases under the jurisdiction of arbitration courts as

1920-1132: The General Prosecutor's Office of the Russian Federation and have own subordinated prosecutor's offices. Finally, there is the Chief Military Prosecutor's Office of the Russian Federation which is subordinate to the General Prosecutor's Office of the Russian Federation and have own subordinated military prosecutor's offices (military prosecutor's office of Western Military District , military prosecutor's office of Eastern Military District , military prosecutor's office of Southern Military District , military prosecutor's office of Central Military District , military prosecutor's office of Northern Fleet , military prosecutor's office of Baltic Fleet , military prosecutor's office of Black Sea Fleet , military prosecutor's office of Pacific Fleet , military prosecutor's office of Strategic Missile Forces and Moscow city military prosecutor's office) which in turn have own subordinated military prosecutor's offices ( garrison military prosecutor's offices). Prosecutors in

1984-432: The Ministry of Justice has taken an active part, the powers of the Ministry of Justice significantly expanded. At all stages of judicial reform, the role of the Ministry of Justice, was significant, even decisive. Ministry of Justice carried out the management of the judiciary, and prison management of landmark pieces, notaries. As director of personnel of the court and prosecutors, it was the right appointment and dismissal of

Federal Bailiff Service - Misplaced Pages Continue

2048-473: The Ministry of Justice prior to making them for consideration by the Council of State , on the 1881 bills other departments began to arrive at the conclusion of the Ministry of Justice not only to evaluate them from a legal perspective, but also to harmonize with the existing laws. Legislation Ministry of Justice of the late 19th century - early 20th century was characterized by a focus on individual rights. In 1897,

2112-421: The President and appointed by the Federation Council for 12 years, and the judges must be at least 40 years old and must retire at 70 years old. The also must have served as a lawyer for at least 15 years and have a "recognized high qualification" (quotation from Constitutional Court Act) in law. A candidate for the position of the district court judge must be at least 25 years old, be expected to have received

2176-700: The Russian Empire founded in 1802. Konstantin Chuychenko has been the Minister of Justice since 21 January 2020. According to the Decree of the President of the Russian Federation from 13 October 2004 (as amended on 15 December 2016) and in accordance with other regulations, the Ministry of Justice is engaged in the elaboration and implementation of public policies and regulatory control, as well as performs law enforcement duties and functions of control and supervision in

2240-496: The Russian Federation . The prosecutor's offices of the federal subjects are subordinate to the General Prosecutor's Office of the Russian Federation, and the prosecutor's offices of towns and raions are subordinate to the prosecutor's offices of subjects of the Russian Federation. There are specialized prosecutor's offices (environmental prosecutor's offices, penitentiary prosecutor's offices, transport prosecutor's offices, closed towns prosecutor's offices) which are subordinate to

2304-510: The Supreme Court ( Президиум Верховного Суда Российской Федерации ) represents Russia's final court of appeal. The Presidium consists of thirteen judges: the Chief Justice , its first deputy, its six deputies and five other Supreme Court judges. Only the Prosecutor General has the right to appeal to the Presidium, and as a result, very few criminal cases reviewed by the three-judge panels of

2368-424: The Supreme Court make it to the Presidium. Only 0.4% of criminal cases in 1998 ended with an acquittal in the Presidium. The court is divided into several chambers or collegia ( коллегия ), and each chamber normally sits with three judges: There are several entities attached to the Supreme Court. The Academic Consultative Council ( Научно-консультативный совет при Верховном Суде Российской Федерации ) assists

2432-433: The accepted separation of powers doctrine, systematic attempts to undermine jury trials , problems with access to justice, problems with court infrastructure, financial support, and corruption . Russia has a trifurcated court system, with constitutional, ordinary (including military and non-military), and other courts. The Constitutional Court of Russia is considered a separate, independent court. The district courts are

2496-656: The appointment of Director Artur Parfenchikov as Head of the Republic of Karelia . On the basis of the Federal Law of 01.10.2019 N 328-FZ "On Service in the Compulsory Enforcement Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation", class rates were replaced with special ranks . Judiciary of Russia The Judiciary of Russia interprets and applies

2560-410: The areas of: The Ministry of Justice of the Russian Empire was founded on 8 September 1802 by Manifesto of Alexander I "On the establishment of ministries." The same document as part of the government provided for the post of Minister of Justice, and he also served as Attorney General of the Russian Empire. The Ministry of Justice has been designated as the preparation of legislative acts, as well as

2624-594: The bar " in Commonwealth countries. Ministry of Justice (Russia) The Ministry of Justice of the Russian Federation ( Russian : Министе́рство юсти́ции Росси́йской Федера́ции, Миню́ст Росси́и ) is a ministry of the Government of Russia responsible for the legal system and penal system . The Ministry of Justice is the federal authority for operating Russia's courts and correctional services with enforcement by two subordinate executive federal agencies:

Federal Bailiff Service - Misplaced Pages Continue

2688-439: The court are appealed to the regional court. As courts of first instance, they handle criminal cases where imprisonment is for more than 3 years, and consist of 1 judge and a jury where required. As courts of appeal from decisions of the magistrates consisting of 1 justice of the peace , they consist of 1 judge and retry the case. The jurisdiction of garrison military courts is similar to jurisdiction of district courts, but

2752-495: The court in various legal and academic matters and comprises members of the Supreme Court itself, academics, practicing lawyers, and law enforcement officers. The members of the Academic Consultative Council are elected at plenary sessions of the Supreme Court. The Judicial Department is responsible for administration of the courts. In fact, after the merger of old Supreme Court and former High Court of Arbitration

2816-426: The courts of first instance. Regional courts are the courts at the federal subject level, though are not all named as such. This includes the supreme courts of the republics of Russia , courts of the krais (territories; краевой суд or kray courts), courts of the oblasts (regions; областной суд ), city courts of the federal cities of Russia ( Moscow , Saint Petersburg , and Sevastopol ), courts of

2880-524: The courts of first instance. Pursuant to the 2002 Federal Law on Organs of the Judicial Community, which is the legal basis for the judicial organs of self-government, the All-Russian Congress of Judges is the supreme body of the judiciary. The Congress elects the members of the Council of Judges , the self-government body of the judiciary. The Judicial Department of the Supreme Court of Russia

2944-406: The courts of first instance. Furthermore, the Court of intellectual rights hears some civil and administrative cases relating to the intellectual property issues as the court of first instance; such cases are heard by a panel of 3 judges of the Court of intellectual rights; appellate procedure is not provided for such cases; the first cassation review of such cases is carried out by the presidency of

3008-534: The crime detection activity ( Оперативно-разыскная деятельность  [ ru ] ). There are 3 law-enforcement authorities where investigators ( Следователь  [ ru ] ) serve, in Russia: The Investigative Committee , sometimes described as the "Russian FBI ", is the main federal investigating authority in Russia, formed in place of the Investigative Committee of the Prosecutor General in 2011. The investigative departments of

3072-481: The disestablished constitutional courts were transformed into constitutional councils without any judicial powers. Constitutional and charter courts were completely independent and were not subordinate courts to the Constitutional Court of Russia . They were independent and had their own jurisdiction. The Supreme Court of Russia ( Верховный суд Российской Федерации ) is the highest court, and supervises inferior courts of general jurisdiction. It occasionally sits as

3136-407: The first cassation review of cases which were heard by arbitration courts of the federal subjects as the courts of first instance. The Court of intellectual rights became operational on July 3, 2013. The Court of intellectual rights carries out the cassation review of cases relating to the copyrights, patents, trademarks, trade secrets which were heard by arbitration courts of the federal subjects as

3200-543: The formation of vessels and the selection of personnel for them. Prominently in the work of the Commissariat of Justice took the creation of new legislation. Accepted 30 January 1928 Resolution of the Communist Central Executive Committee and People's Commissar of Justice were directly subordinated to the prosecutor, and as Vice Chairman of the Supreme Court of the Republic. Subsequently, the powers of

3264-524: The garrison military courts hear the cases relating to the military personnel only. Furthermore, unlike district courts, the garrison military courts do not carry out appeal procedure (because magistrates don't have jurisdiction over military personnel). Magistrates ( мировой судья ; also called Justices of the Peace) handle criminal cases where imprisonment is for less than three years such as petty hooliganism, public drunkenness, and serious traffic violations of

SECTION 50

#1733085530298

3328-419: The investigators on the most important cases in district courts and municipal judges and members of the county district court. The Ministry has introduced the world's institutions of judges and jurors, directly managed the activities of prosecutors, and manage places of detention. Department have sufficient authority to establish and enforce legal policy of the state. On the proposal of the Ministry of Justice of

3392-575: The judicial decision. The FSSP ensures proper and timely execution of judicial acts, acts of other bodies and officials, as well as in cases stipulated by the legislation of the Russian Federation, execution of other documents in order to protect the abused rights, freedoms and legitimate interests of citizens and organizations. Federal Bailiffs may search people as they enter the court and remove them if they refuse to be searched, they can also remove people in order to enable court business to be carried on without interference or delay, maintain order and secure

3456-458: The management of courts and prosecutors. It dealt with the appointment, transfer, dismissal of officials of judicial departments, agencies and the abolition of the courts, supervised their work. The first Minister of Justice was the General Prosecutor of the Russian Empire , Gavriil Romanovich Derzhavin . On 1864 in Russia, the judicial reform was held, in the preparation and conduct of which

3520-465: The new Supreme Court of Russia leads 2 subsystems of Russian judicial system: ordinary courts and arbitration courts. Ordinary courts hear all criminal cases. Also ordinary courts hear administrative cases, civil cases, cases of administrative offenses with the exception of cases under the jurisdiction of arbitration courts. Ordinary courts are divided into 2 types: military and non-military (the courts of second type are also called "ordinary courts" in

3584-985: The plenary session. The Constitutional Court may also submit to the plenary session any other issue at its discretion. In general, the court hears cases referred by the President, the Federation Council , the State Duma , one-fifth of the members of either chamber of the Federal Assembly , the Government , the Supreme Court , or other bodies of legislative or executive authority. It also hears complains by citizens of allegations of constitutional rights violations. Constitutional courts of republics of Russia and charter courts of other Russia's federal subjects used to hear cases relating to conformity with regional constitutions or charters of laws adopted by regional legislatures and governors' decrees, and in this category of cases constitutional and charter courts were courts of single instance. Courts of this type were disestablished by

3648-731: The primary criminal trial courts , and the regional courts are the primary appellate courts . The Constitutional Court of Russia ( Конституционный суд Российской Федерации ) is responsible for cases concerning conformity with the Constitution, judicial disputes between 2 or more federal bodies, between a federal body and a member of the Federation, and between members of the Federation. As such, it practices " constitutional review " (as differentiated from judicial review ) and decides whether federal laws , presidential decrees and directives , and regional constitutions, charters, and laws comply with

3712-476: The regional (Judicial Qualification Board) and national ( Higher Judges' Qualifications Board ) levels. They play a key role in the appointment, promotion and dismissal of judges. Some judges serve as a court president. The court president is solely responsible for the allocation of cases to judges, has considerable powers in the matters of appointment, and makes the initial recommendation for disciplinary measures, in particular dismissal. Judges are appointed by

3776-442: The regional legislature, but may also be elected. They require most of the same qualifications. The Prosecutor General of Russia is the highest prosecutor in Russia, and both he and his office are independent from the executive, legislative and judicial branches of power . The Prosecutor General remains the most powerful component of the Russian judicial system. The Prosecutor General is entrusted with: The Prosecutor General

3840-625: The safety of any person in the court building. Officers may ask a person to surrender (and failing that seize) property if they believe it may jeopardise the maintenance of order in the court, put the safety of any person in the court building at risk, or may be evidence of, or in relation to, an offence. Federal Bailiffs are required to be biennially certified in the use of pepper spray , handcuffs , and defensive batons . The Bailiffs’ Service formed in 1997, when federal laws No. 118 from 21 July 1997 "On Bailiffs" and Federal law 119 "On Enforcement Proceedings" were adopted. These laws fundamentally changed

3904-592: The same year the Ministry of Justice approved the regulations on the procedure of the prison department of civil political prisoners. Since the mid-19th century, the Ministers of Justice is actively engaged in international activities: chairing the International Tribunal, were members of a permanent International Court of Arbitration in The Hague. The aim was to inform the Ministry of Justice Ministers on approval of

SECTION 60

#1733085530298

3968-569: The statutes of newly created organizations and societies, and the Minister was obliged to submit to Emperor weekly personal or written reports on the status of assigned cases. After the October Revolution of 1917, the Ministry of Justice was transformed into the People's Commissariat of Justice. The practical implementation of the Decree No. 1 "On Court" demanded that the judiciary efforts related to

4032-576: The system of enforcement proceedings in Russia and were legal basis for organizing an independent institution of bailiffs, and was known as The Department of Bailiffs of the Justice Ministry, and was acting under the order of the Russian Ministry of Justice from 22 September 2000 "On Approval of the Department of Bailiffs". The Department became a Federal Service after it was formed by the Decree of

4096-562: Was created during the presidency of Boris Yeltsin as the Department of Bailiffs in November 1997, and was elevated to a federal agency by Vladimir Putin in 2004. Sergey Sazanov has been the Acting Director of the FSSP and Chief Bailiff of the Russian Federation since February 2017. The Federal Bailiff Service is the only authorized body of the Russian executive authority coercing the execution of

#297702