A good way to influence a malicious debtor is to restrict departure from the Russian Federation. Many people now travel abroad for vacation or work. Therefore, the prospect of losing vacation or disrupting important business plans can stimulate the debtor to promptly repay the debt. And sometimes an unpleasant surprise can await him right at the border. The procedure for establishing a ban on leaving the Russian Federation by bailiffs is regulated by Article 67 of the Federal Law “On Enforcement Proceedings”.

When can bailiffs prohibit a debtor from traveling abroad?

• The debtor is a citizen or individual entrepreneur. If the debtor is a company, it is impossible to prohibit its director, employee or founder from leaving the Russian Federation for the company’s debts.
• The deadline for voluntary compliance has expired, established by the bailiff. It is prescribed in the resolution to initiate enforcement proceedings, usually 5 days from the date the debtor receives this resolution.
• The debtor has no valid reasons for failure to comply with the decision. Their full list is not disclosed in the law.
• The amount of debt is more than 10 thousand rubles(for alimony debts, compensation for health damage, loss of a breadwinner, property and moral damage caused by a crime, as well as for any debts not fulfilled within 2 months) or more than 30 thousand rubles for other types of debts. For writs of execution with demands of a non-property nature (to oblige the debtor to do something, for example, to vacate the occupied premises or to hand over something), a travel ban can be established regardless of the amount.
• The writ of execution was issued on the basis of a judicial act or is itself a judicial act(for example, this could be a writ of execution, a court order, a court ruling in an administrative case, etc.).

By the way:
If the debtor has several small debts, each of which does not exceed the established limits of 10 and 30 thousand rubles, he may still be prohibited from leaving. To do this, the total volume of unfulfilled debts under consolidated enforcement proceedings must exceed these limits. This is explained in the resolution of the Plenum of the Supreme Court of the Russian Federation No. 50 of November 17, 2015, paragraph 48.

How to force the bailiff to restrict the debtor from leaving the Russian Federation?

The bailiff may prohibit the debtor from leaving the Russian Federation on its own initiative or at the request of the claimant. You can state your request to restrict your debtor from leaving the country in your document, which you submit to the OSP along with a writ of execution to initiate proceedings. If proceedings have already been initiated, you can submit to the bailiff. The application can be presented to the bailiff at a personal reception against signature on your copy of the application (including through the office of the bailiff department) or sent by registered mail with acknowledgment of receipt.

Within 10 days from the date of receipt of your application, the bailiff is obliged to issue a ruling on a temporary restriction on the debtor’s departure from the Russian Federation. This resolution must be approved by the senior bailiff for the OSP or his deputy.

If there are no grounds for issuing a travel ban (for example, the amount of debt is less than 10 thousand rubles), then within the same period the bailiff issues a decision to refuse a temporary travel restriction. If desired, the claimant can appeal this decision to a higher bailiff (chief of the OSP) or in court.

Attention:
The restriction on leaving the Russian Federation for the debtor is established temporarily, that is, the bailiff’s resolution will indicate a specific period of the ban on traveling abroad. If this period has expired and the debt to you has not been repaid, you can again ask the bailiff to establish a travel restriction for the debtor.

Bailiffs are required to send a resolution on a temporary restriction on leaving the Russian Federation to the debtor himself, to the territorial division of the Federal Migration Service of Russia, as well as to the border authorities.

Travel ban for non-judicial debts

When a writ of execution was not issued on the basis of a judicial act (a resolution of the tax inspectorate, a pension fund on the collection of taxes, contributions, a resolution of the traffic police on administrative matters, etc.), the debtor can still be prohibited from leaving the Russian Federation. To issue a ban on leaving the Russian Federation for non-judicial debts bailiffs or the collector himself it is necessary to specifically apply to the court. Applications to restrict a debtor from leaving Russia can be considered by courts of general jurisdiction and arbitration courts, depending on the basis of the decision of which court the enforcement proceedings were initiated.

The court in each case individually decides for how long it is necessary to restrict the debtor’s right to leave the Russian Federation, but cannot issue a ban longer than for the period specified in the application of the bailiffs or the collector. To issue a travel ban through the court, general debt limits are applied (10 and 30 thousand rubles).

How to find out if there is a ban on leaving the Russian Federation from bailiffs?

Bailiffs do not have an open, publicly accessible database of bans on leaving the Russian Federation. Therefore, collectors and debtors can find out about the existence of a travel ban through a personal visit to the bailiff department, or by receiving a bailiff’s resolution by mail on a temporary restriction on leaving the Russian Federation.

Debtors on the eve of leaving the Russian Federation can additionally check themselves using official debt databases:

• The FSSP Enforcement Proceedings Data Bank is data on all debts handled by bailiffs. If the amount of debt falls within the limits for a travel ban, a ban may well be established. You will have to check its availability personally with the bailiffs themselves. In theory, they send the debtor a prohibition order, but it may not reach you by mail promptly. If the bailiffs’ website contains data on completed enforcement proceedings, the bans on them should already be lifted.
• The bailiffs will have to lift the ban within the next day after the date of payment. Therefore, a debtor who is going to leave the Russian Federation needs to leave a reserve of time (1-2 weeks), bring the payment receipt to the bailiff himself, and be sure to obtain a decree lifting the ban on leaving the Russian Federation (take it with him to cross the border). Data exchange between bailiffs and the FSB is electronic; The bailiffs themselves receive data on payments to the budget from the GIS GMP (state information system on state and municipal payments). However, no one is immune from possible mistakes, so it’s better to play it safe and do everything yourself in advance.

  1. The bailiff has the right, at the request of the claimant or on his own initiative, to issue a resolution on a temporary restriction on the debtor’s departure from the Russian Federation in the event of failure by a debtor-citizen or a debtor who is an individual entrepreneur, within the period established for voluntary execution, without good reason, contained in the document issued by the court or which is a judicial act and an executive document with the following requirements:

  1) claims for the collection of alimony, compensation for harm caused to health, compensation for harm in connection with the death of the breadwinner, property damage and (or) moral harm caused by a crime, if the amount of debt under such a writ of execution exceeds 10,000 rubles;

  2) claims of a non-property nature;

  3) other requirements, if the amount of debt under the executive document (executive documents) is 30,000 rubles or more.

  2. In case of failure by a debtor-citizen or a debtor who is an individual entrepreneur, after two months from the date of expiration of the period for voluntary fulfillment of the requirements specified in paragraph 3 of part 1 of this article, the bailiff has the right, at the request of the claimant or on his own initiative, to issue a decision on a temporary restriction on the debtor’s departure from the Russian Federation if the amount of debt under the executive document (executive documents) exceeds 10,000 rubles.

  3. If the executive document is not a judicial act or issued not on the basis of a judicial act, then the bailiff or the recoverer participating in the relevant enforcement proceedings has the right to apply to the court with an application to establish a temporary restriction for the debtor to leave the Russian Federation in compliance with rules established by parts 1 and this article. On the basis of a judicial act that has entered into legal force, establishing a temporary restriction on leaving the Russian Federation for the debtor, the bailiff, no later than the day following the day of receipt of the relevant judicial act, issues, in the manner prescribed by this article, a resolution on a temporary restriction on leaving debtor from the Russian Federation.

  4. When issuing a resolution on a temporary restriction on the debtor’s departure from the Russian Federation during enforcement proceedings on a writ of execution for the recovery of funds, the bailiff of a structural unit of the territorial body of the Federal Bailiff Service instructs the bailiff of the structural unit of the Federal Bailiff Service to remove this restriction if there is information about the payment of debt under a writ of execution in the State Information System on state and municipal payments.

  5. The resolution on a temporary restriction on the debtor’s departure from the Russian Federation is approved by the senior bailiff or his deputy.

  6. A copy of the resolution specified in part 4 of this article, in the form of an electronic document signed with an enhanced qualified electronic signature of the bailiff who issued this resolution, is immediately sent to the bailiff of the structural unit of the Federal Bailiff Service.

  7. The bailiff who issued a resolution on a temporary restriction on the debtor’s departure from the Russian Federation, no later than the day following the day of fulfillment of the requirements of the writ of execution, except for the case provided for in part 8 of this article, or the day on which other grounds for lifting this arose restrictions, issues a resolution to lift the temporary restriction on the debtor’s departure from the Russian Federation.

  8. The bailiff of a structural unit of the Federal Bailiff Service, no later than the day following the day of posting in the State Information System on state and municipal payments of information on the payment of debt under the writ of execution, issues in the form of an electronic document signed with an enhanced qualified electronic signature of this bailiff bailiff, a resolution on lifting the temporary restriction on the debtor's departure from the Russian Federation, a copy of which is immediately sent to the bailiff who issued the resolution on the temporary restriction on the debtor's departure from the Russian Federation.

  9. Exchange of information on the application and lifting of temporary restrictions on the debtor’s departure from the Russian Federation between the bailiff of the structural unit of the territorial body of the Federal Bailiff Service, the bailiff of the structural unit of the Federal Bailiff Service and the federal executive body in charge of security issues, carried out electronically in the manner and within the time limits established by the federal executive body exercising the functions of legal regulation in the field of justice, in agreement with the federal executive body in charge of security issues. For the purpose of exchanging this information, the state system of migration and registration records, as well as the production, execution and control of the circulation of identity documents, and a unified system of interdepartmental electronic interaction can be used.

  10. Copies of decisions on a temporary restriction on the debtor’s departure from the Russian Federation, on the lifting of this restriction, are sent by the bailiff to the debtor no later than the day following the day of their issuance.

  Many Russian citizens spend their holidays abroad. At the same time, they are advised to know what problems they may encounter if they have internal debts. Such people are classified as not allowed to travel abroad, since they are subject to this executive measure being applied by the service in 2020.
  

  It is worth noting that for Russians who visit foreign countries infrequently, this news may come as a surprise. Today, before going on a trip, tourists and people who want to get a job need not only to open a visa and undergo a medical examination, but also.

  This category of citizens will be allowed to travel abroad only when all debts are repaid. In addition, the amount of debt also matters: if it does not reach 30,000 rubles, then violators will not be considered banned from traveling abroad in 2020.

  The list of debts, in the presence of which a ban is imposed on citizens from crossing the border to visit another state, is determined by Russian legislation. These are unpaid alimony, tax obligations, penalties, unpaid utilities and outstanding loans.

  If debt settlements were not made on time due to certain circumstances, which was previously announced, then this issue will be considered. As a result, a decision may be made to lift travel restrictions. Situations in 2020 are considered on an individual basis.

  Alimony debtors are allowed to leave only if the amount of debt does not exceed 10,000 rubles

  The decision to recognize a potential person prohibited from traveling abroad is made after a trial and without it. A ban can be imposed during a check of the list on the FSPP website by customs officers or border guards. Thus, the restriction is temporary and applies in the event of an offense.

  If it has been corrected: the fine has been paid, the assigned amount of work has been completed, then to lift the ban, it is enough to confirm these facts with the appropriate document, submitting it to the body that made the claim. If the problem is ignored, the case is sent to court.

  You can check the presence of all debts on the service

  What to expect from bailiffs

  If information about an existing debt is submitted to the court and then to the bailiffs, then the issue will not only be about a ban on traveling abroad, but about the repayment of debt obligations to the state.

  Especially when it comes to taxes. The violator can repay the debts within five days on a voluntary basis. This fact will be recorded officially. Before this, the defaulter will receive a notice by mail.

  If the chance is not used, the debt will be forcibly collected from the violator. Measures are taken depending on the situation: property may be seized and subsequently sold, or the amount of debt by court decision may be withheld from wages.

  Limits on the amount owed

  It is worth keeping in mind that according to Russian law, there is no official data on the amount of debt that would be a criterion for introducing restrictions for a ban on traveling abroad. According to the rules of the law, any amount of debt can be considered grounds for declaring a citizen prohibited from leaving the country.

  In practice, things in this regard are somewhat different: the decision in this situation depends, as it were, on the bailiff or. In 2020 It is customary to recognize the amount of debt as valid only if it exceeds 30,000 rubles. It is worth noting that this rule is not official, but is successfully applied.

  Debtors are allowed to travel abroad 2 weeks after paying the debt

  The period for which a ban on traveling abroad is imposed is not provided for by law, however, this period should not exceed 6 months.

  The procedure for introducing a ban on leaving Russia

  After the court issues a decision banning travel outside the country, the bailiff will be required to notify the debtor about this and send the decision to the Main Directorate for Migration of the Ministry of Internal Affairs and border control authorities. It is in these instances that lists of those “restricted from traveling” are compiled.

  If the violator did not have time to issue a foreign passport, the migration department imposes a ban on issuing it to the debtor. If a citizen has a foreign passport, then the document cannot be confiscated.

  If the violator has not yet issued a foreign passport, the migration service imposes a ban on its issuance.

  Any attempts to evade receiving notice of the ban will be strictly suppressed. A paper with a decision not to leave can be given to the debtor anywhere, even at the airport when going through customs control.

  To prevent this from happening and you don’t just spend a lot of money on a tour or tickets, check the restrictions in advance.

  Clarification of the amount of debt

  Before traveling abroad, it is imperative to check whether the citizen planning to cross the border is included in the list of tax debtors.

  If the Russian himself knows that he has unpaid obligations, then he is recommended to pay off the debt a month before the departure date.

  Check on the Federal Tax Service website

  It is possible to obtain reliable tax data on the official website of the Federal Tax Service. You can't do without registration here. However, it is not easy to do. They receive a password and login after registering on the site only if they contact the tax office, which can give permission for this.

  Then you will need to visit the tax office of your locality to obtain a password. The complete registration procedure may take up to 3 days. This should be taken into account.

  Watch the video: entering the taxpayer’s personal account.

  If everything went well, then you need to perform the following steps:

  • go to “Personal Account”;
  • use the “Pay taxes” button;
  • get the whole list.

  Payment can be made immediately by generating payment documents.

  How to find out on the Public Services portal

  A very convenient service for checking debts, but it requires mandatory registration. To do this you need to take the following steps:

  • go to the main page of the State Services portal;
  • select “Service Catalog”;

  Main page of the State Services website

  • further “Taxes and Finance”;

  1. Select the “service catalog” section. 2. Select the “taxes and finance” section

  • go to “Tax debt”;
  • Now you will need to log in, we go through this simple procedure, entering all the requested data;
  • After confirming your account via SMS, you can fill out an application for the service (but you will need a TIN).

  This standard registration will be enough to find out the tax amounts according to the TIN. But it is recommended to go through the entire procedure and confirm your account by visiting the institution in person. After this, you can use all the functionality of the site.

  Now, just by logging into your personal account, you will immediately see all the information. This is done like this:

  • log into the portal from your personal account;
  • the first page on the right shows comprehensive information about existing debts;
  • if suddenly it is not there, then you need to click the “Settings” button;
  • in the “Government Services Informers” section we enable the necessary buttons;
  • we go back and see all the unpaid amounts (here you can find out the traffic police fines).

  The arrow indicates your personal account on the portal

  By clicking on the “Tax debt” icon, we find out specific information. You can pay immediately if you enter your bank card details.

  Checking enforcement proceedings on the website of the Federal Bailiff Service

  A tax debt of an individual can enter the database of the Federal Bailiff Service only if a court decision has been made to collect the debt. In other cases, this site will not show the presence of debts.

  Debt can be found by last name. This method is often used before a planned trip to another country. But it is effective only if legal proceedings have begun.

  The sequence is:

  • go to the official website of the FSSP;
  • click the “Services” icon;

  Internet page of the website of the Federal Bailiff Service, where you can check whether there is a debt

  Anyone can gain access to electronic services, but bureaucratic delays cannot be avoided. You can speed up the procedure by visiting your local bailiff service office. Pending trial, violators are left to pay off any debts themselves. There are terminals for this, which we recommend using.

  In 2020, clause 1 of Article 67 of Federal Law No. 229 was legislated for the amount of debt limiting travel abroad - 30 thousand rubles. For citizens with debts regarding the collection of alimony, compensation for harm caused to health, compensation for harm in connection with the death of a breadwinner, property damage and (or) moral harm caused by a crime, travel abroad is prohibited if the amount of debt exceeds 10 thousand rubles.

  A citizen of the Russian Federation has the right to freely leave the territorial borders of the country for the purpose of recreation or business meetings, provided that they have the appropriate documents. In 2020, state legislation established restrictions on traveling abroad. The basis for a ban on traveling abroad is financial debts for payment of utilities, fines, alimony, customs duties, and credit loans from banking organizations.

  Normative base

  In accordance with Art. 2 of the Federal Law “On the procedure for leaving the Russian Federation and entering the Russian Federation of August 15, 1996 No. 114-FZ, a citizen of the country has the right to unhindered travel outside the state with a foreign identification document. Article 15 No. 114-FZ outlines temporary restrictions that in 2020 apply to a certain category of the population:

  • the citizen has access to classified information;
  • an individual has entered into an employment contract, the condition of which is a ban on traveling abroad;
  • person liable for military service;
  • accused of an illegal act before sentencing;
  • convicted of a crime serving a prison sentence in a prison;
  • the citizen evades the duties assigned by the court;
  • an individual provided false information when preparing documents.
  Attention

  Types of debts

  In 2020, a citizen of the Russian Federation will not be able to leave the territory of the country if there are financial charges that have not been paid on time:

  • alimony for the maintenance of the child/children;
  • tax obligations;
  • contribution on a mortgage, credit loan in a banking organization;
  • payments for the provision of utility services;
  • compensation for damage to health;
  • property penalties;
  • administrative fines.
  For your information

  Debt to government organizations and private individuals is the basis for a temporary restriction in accordance with paragraph 1 of Art. 67 of the Federal Law “On Enforcement Proceedings” dated October 2, 2007 No. 229 - FZ in the official order established by the court at the request of the plaintiff or on the bailiff’s own initiative, if the citizen does not attempt to pay the specified amount. If an individual entrepreneur has unclosed financial obligations to the Federal Tax Service, the institution has the right to decide to collect funds without the permission of executive authorities.

  Who can impose a travel ban in 2020?

  In the event of a financial debt to an individual for failure to pay alimony, moral compensation, or property penalties, only a court can restrict departure. If a citizen has obligations to government organizations or administrative offenses, then the institutions petition for the independent issuance of a writ of execution.

  1. State Traffic Inspectorate of the Ministry of Internal Affairs.
  2. Customs Service.
  3. Border authorities, FSB.
  4. Police.
  5. The Federal Tax Service.
  6. Labour Inspectorate.
  7. Banking organization.

  After 3 days from the date of receipt of the petition, by decision of the court, the bailiff issues a resolution to restrict crossing the state border in 2020 without the personal presence of an individual in accordance with paragraph 8 of Art. 30 of the Federal Law “On Enforcement Proceedings” dated October 2, 2007 No. 229 - Federal Law.

  
  

  The process of imposing a ban on leaving the country

  At the request of a private individual or government organization, a court hearing is scheduled, at which a writ of execution is issued - an order for the mandatory payment of financial resources. In 2020, a decision can be made without the presence of the defendant. After the verdict is passed, a writ of execution is prepared, which is transferred to the Federal Bailiff Service for reporting to the debtor. The document indicates the amount of money, details of an individual or government agency, the deadline for voluntary payment of the debt, which, in accordance with clause 12 of Art. 30 of the Federal Law “On Enforcement Proceedings” dated October 2, 2007 No. 229 - Federal Law is 5 days from the date of receipt of the resolution by the claimant.

  IMPORTANT

  If, after the specified time, the amount is not deposited into the plaintiff’s account, the bailiff in 2020 will impose a ban on leaving the country for debts. The approved resolution is sent to the defendant, the Federal Migration Service, and border authorities, who enter the citizen into the “black list” of a special database.

  For how long is the ban imposed?

  In accordance with clause 2.3 of the document “On the procedure for temporary restrictions on the debtor’s departure from the Russian Federation” dated January 29, 2008. No. 12/01–830–НВ, developed on the basis of Art. 67 of the Federal Law “On Enforcement Proceedings” dated July 26, 2017 No. 190 - Federal Law, the bailiff can make a decision on the debtor’s inability to leave the territorial borders of the country for debts for 6 months

  If the debtor pays an amount of money earlier than the established maximum period in 2020, the ban is automatically lifted. If the defendant does not comply with the terms of the court decision within six months, the Federal Bailiff Service re-issues a decision to restrict travel abroad.

  How to check the ban on traveling for debt in 2020?

  Before planning a trip or business trip outside of Russia, it is recommended to make sure that there are no financial debts. In 2020, there are several ways to obtain information about personal financial difficulties.

  1. Register of the Federal Bailiff Service.
  2. Official website of the Federal Tax Service.
  3. Traffic police
  4. Banking organizations.

  The FSSP electronic register allows you to find out information about debts at home. On the page of the official portal, you must enter personal data (full name, date of birth) to view current executive documents that have not yet expired. The website allows you to get acquainted in real time with the procedure for repaying unpaid bills.

  The electronic page of the Federal Tax Service provides access to personal information after registration, which only involves entering the TIN number. In the personal account, after indicating the missing data about the owner, which is processed by the site for a short amount of time, information about debts on fees and mandatory contributions is reflected.

  To clarify information on unpaid fines and receipts for administrative offenses, you must contact the traffic police. At the moment, the procedure for obtaining data has been simplified: on the official portal of “Public Services”, a citizen of the Russian Federation, after pre-registration, receiving a personal code at the post office, through a telecom operator, can find out about personal debts.

  For your information

  To check the status of payment of a mortgage or loan, you should contact the banking organization where the amount of money was taken. You can obtain information on financial debt through the personal account of a government agency user or by calling a hotline by providing personal passport information.

  How to get rid of a travel ban for debt?

  The temporary restriction on the right to visit foreign countries for debts in 2020 can only be lifted by repaying the monetary debt to a private individual, department, or organization. You can use several methods to pay:

  • personal account in Internet banking;
  • electronic payment systems: Qiwi, Webmoney, Yandex Money, etc.;
  • mobile application of the Federal Bailiff Service;
  • bank branch, terminal.
  Attention

  A receipt of payment must be submitted to the FSSP to remove the restriction. No more than 21 days are allotted for consideration of the case on enforcement proceedings for permission to leave. After confirming that the debt has been repaid, the bailiff sends a corresponding notification to the Federal Migration Service and border authorities.

  When will the travel ban be lifted?

  The temporary restriction is valid until the financial debt is repaid. After payment of funds, documents confirming this fact are transferred to the bailiff to close the claimant’s case. Notifications are sent to government organizations that control the departure of citizens outside the Russian Federation. The period for receiving documents by the Federal Migration Service and the FSB is at least 2-3 weeks. Thus, in order to leave the country in 2020, the defendant must wait for a confirmation notification from the FSSP.

  Is it possible to travel abroad with debts in 2020?

  A temporary restriction is a ban on crossing the state border for debts issued by executive authorities. Violation of a court decision is subject to administrative and criminal liability. But in 2020, there are exceptions to the rules established by law.

  1. A valid reason for leaving is illness, death of a close relative, inheritance, urgent treatment.
  2. The time interval between the issuance of a new decision on a restriction on crossing the territory of a state.
  3. Crossing the borders of friendly countries.

  A serious reason related to the health of the claimant himself or his close relative, or the resolution of important legal issues, may be a reason to travel abroad in 2020 if there is an unpaid bill. The decision to lift the restriction is made by the senior bailiff at his own discretion, subject to the availability of appropriate documentary evidence.

  The duration of the temporary ban should not exceed 6 months from the date of sentencing. If the debtor has not paid, a new document is issued. It takes 7 to 14 days to issue a repeat writ of execution. During this period, the claimant can freely cross the state border of the Russian Federation.

  For your information

  Citizens with a monetary debt not exceeding the established minimum threshold have the right to travel abroad. To clarify the information, you must contact the relevant departments: FSSP, Federal Tax Service, State Traffic Safety Inspectorate, Ministry of Internal Affairs, banking organizations.

  Since February 2017, traveling through Belarus if you have debts is not possible.

  Nuances

  When a decision is made on a temporary restriction on crossing the state border, the defendant has the right to appeal the verdict if the amount does not exceed 10,000 rubles per writ of execution, the personal data of an individual is incorrectly indicated, the resolution is not approved by a senior bailiff, or there is no corresponding notice of the prohibition.

  To travel abroad unhindered in 2020, citizens of the Russian Federation must follow the following advice:

  • before the trip, update data on possible financial debts on the website of the FSSP, Federal Tax Service, and State Traffic Safety Inspectorate;
  • pay fines, utility bills, and compensation to individuals on time.

  Bailiffs have the right, on their own initiative, to issue a ruling on a temporary ban on traveling abroad if there is a large unpaid amount.

  
  

  It is important that a person becomes prohibited from traveling abroad not at the moment the debt arises, and not even always after a court decision is made. The decision to restrict travel is made either by the court (if we are talking about alimony arrears) or by the FSSP in other cases. The general scheme looks like this: first, the debt is transferred to the court, which makes a decision on forced collection, after which the debt is sent to the bailiff service, which carries out collection. The exception is debt for traffic police fines - they are immediately transferred to the FSSP, bypassing the courts.

  In practice, bailiffs do not often resort to travel bans, notes Mikhail Kyurdzhev, partner at the A2 law office. “It’s much easier to send a request to the bank, and if the debtor has funds on the card, they are immediately written off to the budget,” explains the lawyer. In addition, bailiffs can “freeze” money on the card. Then the debtor will have to pay the debt and provide the FSSP with a receipt for payment. After this, within seven days the funds on the card will be unblocked, says Kyurdzhev.

  How soon can you become banned from traveling abroad?

  The creditor (whether an individual or a legal entity) has the right to go to court as soon as a delay occurs, says Svetlana Tarnopolskaya, partner at the Yukov and Partners bar association.

  60 days are given to pay administrative fines, including traffic police fines, after which the debt, bypassing the court, is transferred to the FSSP. However, the service itself does not make a decision on a travel ban for such debts; to do this, the bailiffs must go to court, which assesses the need to establish a ban.

  The deadline for paying taxes is established by the Tax Code and depends on the type of tax, says Kyurdzhev. “If taxes are not paid on time, then the resulting debt may not be brought to court for a very long time - as practice shows, up to several years,” he says. Much depends on the amount of tax debt. According to Pavel Khlustov, a partner at the bar association Barshchevsky and Partners, the amount of debt matters to tax authorities: they go to court if the volume of tax claims exceeds 10 thousand rubles.

  Photo: Alexey Pavlishak / TASS

  The trial itself - from the moment of application to the entry into force of the court decision on collection - can take several months. After the court makes a decision on forced collection, this debt is transferred to the bailiff service. The plaintiff must independently contact the bailiffs with an application to initiate enforcement proceedings, says Tarnopolskaya.

  Simultaneously with filing the application, the creditor has the right to write a petition to restrict the debtor from traveling abroad, says Pavel Khlustov. Also, according to the law on enforcement proceedings, the bailiff can issue a decision on a temporary restriction on travel on his own initiative.

  After receiving the writ of execution, the bailiff is obliged to initiate proceedings and send a resolution to the debtor, Khlustov said. “The deadline for execution of the resolution is five days from the date of receipt of the notification from the FSSP. If the recipient does not pay the debt within this period, then he may be restricted from leaving,” says the lawyer. The travel restriction is usually set for six months, but can be extended if the debt is not paid during this period, Safiulin adds.

  How to find out about the ban

  Lawyers interviewed by RBC recommend checking the FSSP database at least once every few months for the presence of unpaid debts. This can be done remotely, for example, using the “Enforcement Proceedings Data Bank” service on the service’s website or through the FSSP mobile application. In addition, service applications are available on the social networks VKontakte and Odnoklassniki. You can also obtain information about enforcement proceedings through the public services service. In addition, debtors can call or come to the FSPP branch.

  
  

  A passenger at the mobile point of the Federal Bailiff Service in Terminal F of Sheremetyevo Airport (Photo: Mikhail Fomichev / TASS)

  At the same time, the debtor will not be able to find out about the restriction on traveling abroad for these debts on the FSSP website, says Safiulin. According to him, you should ask the bailiff who is handling the case about the possibility of traveling abroad. Or if the debtor has a personal account on the government services website, then he can receive an electronic notification from the FSSP there, the expert adds.

  However, lawyers note that incorrect information periodically appears in the FSSP - for example, about fines already paid or incorrectly assessed taxes. However, such cases are usually caused by technical errors and occur relatively rarely, clarifies Pavel Khlustov.

  What should debtors do?

  The FSSP recommends checking the debt at least five days before the trip, and the lawyers interviewed - two weeks. You can pay the debt on the FSSP website - transfer money from a bank card or from a mobile phone account, as well as through the WebMoney system. You can also pay at the bank, having previously received a receipt and details on the website or at an appointment with a bailiff.

  Having paid off the debt, it is necessary to provide supporting documents to the bailiff, who will have to sign the order lifting the travel ban and send it to the border guards, says Marat Safiulin. According to the law on enforcement proceedings, this procedure can take from 10 to 14 days. Pavel Khlustov advises debtors to control the entire process, reminding the bailiffs about themselves from time to time.

  If the debt appeared in the FSSP database by mistake, then first you should talk to the bailiff, says Kyurdzhev. “If the database reflects an already paid fine, ask the bailiff for an email and send there copies of payment documents,” he says. If the problem is not resolved, the debt can be challenged in court. “The process of restoring justice usually lasts for months. Therefore, if the “debt” is not very large, many people prefer to pay it, go abroad, and only then dispute it. However, this is the wrong strategy,” warns Safiulin.

  According to him, if a person pays a “debt” and then goes to court, the court will most likely regard the fact of payment as recognition of the debt. In this case, the chances of getting back the money already paid are extremely small. So it is necessary to protest the debt as soon as a person learns about it. In this case, the “debtor” will remain on the travel ban list until the end of the proceedings, the expert admits. “But in this case, he has the opportunity to try through the court to recover losses incurred in connection with the unlawful issuance of a travel ban,” he concludes.

  At the same time, the opinion that lifting the travel ban by paying off debts, if any are suddenly discovered, directly at the airport, is erroneous. “Citizens can repay their debt right at the airport now, but the temporary restriction on leaving the Russian Federation will not be immediately lifted,” the FSSP press service said in a statement. The fact is that information about the payment must reach the bailiffs, and this takes time.

  For now, the only thing that is supposed to be done is to shorten this period. “A bill has already been submitted to the State Duma, according to which the bailiff under the director of the FSSP of Russia will lift the restriction on leaving the Russian Federation as soon as information about debt repayment is reflected in the State Information System on State and Municipal Payments (GIS GMP). This will significantly reduce the time frame for lifting the temporary restriction on leaving the Russian Federation,” the FSSP press service indicates.