A resident of the city of Kansk in Krasnoyarsk region in a judicial order has achieved compensation in the amount of 100 thousand rubles from the Federal service of court bailiffs of the Russian Federation for the torn family holiday abroad. Krasnoyarsk regional court has satisfied the claim of the applicant, which is the fault of the bailiffs had not a rest as tourists in Egypt, reported on the website of the court.
According to the materials of the civil case, in June 2015 the local bailiff made a decision on instituting enforcement proceedings against Siberian, recognized by the court guilty of an administrative offense under part 2 of article 12.7 of the administrative code (“driving, being deprived of a driving license). For this the offender is awarded a penalty in the amount of 30 thousand rubles.
This fine man was paid on 1 July 2015 and, according to him, “the same day, provided a copy of the receipt to the bailiff”. However, on 11 August the bailiff swaps in Kansk and Kansk area, considering this man’s debtor, issued a decision on temporary restriction on his travel abroad, while not saying anything to him. September 3 this restriction has been lifted, but men have sought Executive collection with $ 2.6 thousand rubles for non-payment of the fine within the prescribed period. It he also paid, the report said.
Meanwhile, in August 2015 Siberian bought the family a trip to Egypt for 10 days, paying for it about 240 thousand rubles. September 10, the family arrived at the airport Emelyanovo in Krasnoyarsk, but when passing the border control, the head of the family was not allowed to fly overseas on the basis of the decision of a bailiff about a temporary restriction of the right to departure from Russia. A man persuaded his wife and child to fly to Egypt without him, and he was forced to stay.
In February 2016, he appealed to the Kansk municipal court. In the lawsuit he stated that he experienced a “deep moral suffering in the form of experiences,” and asked to collect from the FSSP incurred losses and compensation of moral harm. However, the court rejected the plaintiff in his demands, arguing that “their actions have created for yourself the onset of adverse consequences.”
The man appealed against the verdict of the Krasnoyarsk regional court, which found his arguments reasonable. The appellate court pointed out that the legal grounds for limiting departure of the plaintiff from Russia were not available. The court also said that the defendant had no grounds to charge the plaintiff a performance fee, as in time man paid the fine.
In the result, the regional court came to the conclusion that the actions of the bailiffs, the plaintiff suffered material and moral damages, and ruled that the Federal bailiff service of the Russian Federation at the expense of the state Treasury in favor of the plaintiff 92,4 thousand rubles of loss for a cancelled tour to Egypt (according to the travel Agency help), 2.6 thousand rubles expenses on a performance fee of 10 thousand rubles as compensation of moral harm, and three thousand rubles a refund of the paid registration fee.
Court bailiffs can limit the right of departure of debtors for limits of the country with any amount of debt. With the appearance of the person from the “stop list” on the border guards have the right to confiscate his passport. The receipt of payment of the debts caught up with him, it does not help – the decision about the lifting of restrictions also tolerate the bailiffs.
In December 2013 a resident of Moscow region was late to her own wedding in India. From-for debts on transport tax in the amount of 42 thousand rubles, bailiffs-performers shut him away at the border. The young man paid the tax before the trip and found that his name be removed from the “stop list” automatically. That the regulation restricting the right to travel abroad is still valid, the groom found out in the capital’s Sheremetyevo airport. To still get to the Indian resort and to enter into marriage, the newlywed had to appear in person at the reception to the bailiff the receipt for payment of the tax, and also pay a performance fee in the amount of approximately three thousand roubles.