Application to the Prosecutor ' s Office for non-payment of maintenance

Kalinina Eugenia, an education economist and a linguist in calling, editor-in-chief of the project "Alimenty-urist.ru", has 11 years of experience in various publications.

The responsibility for the maintenance of a minor child lies with two parents, and if one ancestor actually raised and kept a minor, the other parent must pay material assistance, which may be ordered by a court order or agreed upon by voluntary agreement.

The liability for non-payment of maintenance rests entirely with the defendant (payer), and the law provides for different types of incentive to pay, and whether the application to the Public Prosecutor ' s Office refers to such methods, we shall discuss the case and form of such a document.

General rules to encourage payment

Measures that may be taken against the defendant: fine and penalty, seizure of property and prohibition of leaving the country, deprivation of parental rights and the administration of TC, administrative arrest and imprisonment.

Attention!Arrest and detention are measures that can only be taken for malicious evasion of parental obligations.

Any incentive measure is ordered by the court; the bailiff may initiate the proceedings; the payer may expedite the proceedings by applying for measures against the non-payer.

In fact, applying measures to an unfair payer is the task of a bailiff.

The application of methods of encouraging payment to the maintenance debtor may be initiated by the recipient, namely, to write a declaration of non-payment, as referred to in article 157 of the Criminal Code of the Russian Federation.

If the act of the bailiff is ineffective

In the event that no action is taken against the debt, the claim for non-payment shall not be made and the perpetrator ' s failure to act must be acted upon; first of all, the head of the court bailiff ' s office may be complained to the person ' s immediate head.

If there is no response, the next step is to file a complaint with the FSPS office. If the action has not produced the desired result, the action is a lawsuit, but there is another legitimate way to respond to a complaint with the Public Prosecutor ' s Office about an official ' s inaction.

Article 315 of the Criminal Code provides that a representative of the authority, including a bailiff, shall be liable for failure to comply with a court decision.

Is it possible, in principle, to apply to the Public Prosecutor ' s Office for non-payment of maintenance

If an executive document is not implemented, the authorities that control the actions of public servants should be referred to the Public Prosecutor's Office, which is one of those bodies; in fact, a citizen can file any complaint concerning the non-fulfilment of his or her rights; the main activity of the Public Prosecutor's Office is to monitor the observance of civil rights; but only the subordinate cases will be dealt with.

Attention!If maintenance is not paid, you can file a complaint with the Public Prosecutor ' s Office.

Situations to be considered by the prosecutor:

1. No action by the bailiff.
2. Illegal acts by the perpetrator.
3. Evidence of crime in the payer's actions.

For the first two reasons, the beneficiary of the payment shall file an application; if there is a violation of the work of the perpetrator, a submission shall be issued requiring the correction of the violations; the examination of the application and the issuance of the corresponding order shall be the prerogative of the prosecutor.

On the third point, the application is made by the perpetrator himself, and this is the case when the payer ' s actions are marked by a violent evasion, under article 157 of the Criminal Code.

Application to the Public Prosecutor ' s Office for non-payment of maintenance, sample

If there is a debt outstanding and complaints to the SPF have failed, the application to the Public Prosecutor ' s Office can be an effective way of responding to the problem of non-payment of maintenance, and this chapter will examine the model, form, structure and binding parameters of the application.

Document requirement

The maintenance guy's statements and his claims about the alimony debt are written in the name of the district/city attorney, and there is a free flow of information in it, but there are a number of mandatory parameters and an approximate structure that needs to be followed.

Rules:

• Business style;
• Written form;
• Avoiding offensive, emotional, public statements;
• Specific;
• Laconicity;
• Legitimate, justified claims.

Note!If the application were to contain an unlawful, unfounded claim, it would not be admissible.

Structure of the statement:

1. The hat.
2. The name of the paper.
3. Descriptional part.
4. It's a positive section.
5. Signature + date.

Hat

This part contains information on the addressee and the applicant, written by the OSI of the prosecutor and the office to which the complaint and his or her data will be submitted.

Description

One of the longest sections: it sets out the circumstances of the case in chronological order, e.g. the court decision, the filing of a package in the SBS, the commencement of proceedings, both the applicant ' s actions and the actions of the officials, and details of what the bailiff could and should have done, but did not do.

The more specific, substantiated and substantiated claims are described in the statement, the more likely it is that the referral will be considered and action taken.

Resolution

In this part, the request itself must be made; this may be a request to check the bailiff ' s performance, to hold officials accountable for specific violations; the request itself and the rule of law that confirms the legality of the violation of UFC personnel.

Date and signature

These are mandatory parameters of any official document; anonymous statements are not considered by the Public Prosecutor ' s Office; complete, reliable and up-to-date information must be provided and a signature must be signed.

Attention!A list of the attached documents should be added at the end.

Papers to be attached to the application:

• Certified copies of passport pages;
• A copy of the court decision on the award of maintenance/notary agreement;
• An executive order to commence proceedings;
• Copies of applications submitted to the MTSP;
• Other relevant documents.

A model application to the Public Prosecutor ' s Office for non-payment of maintenance will be given below. If you doubt any of the points, ask the expert a question free of charge. Write a question in a chat or form on the website. You will receive a qualified quick answer, you will be able to avoid errors in writing the message.

To download a sample of the claim to the Public Prosecutor ' s Office for non-payment of maintenance

Make sure that the application is well written and legal, which will increase the chances that the treatment will be considered. If there is doubt about the legal rules to which reference can be made or about the wording of the application, it is better to contact a professional.

Up-to-date questions and answers

• Question:Who is the addressee of the claim for non-payment of maintenance?Answer:........................................................In the case of maintenance payments, the application is addressed to the district or city prosecutor where the civil rights have been violated.
• Question:Are all the complaints filed under maintenance considered by the Public Prosecutor's Office?Answer:........................................................Appeals are considered in respect of matters that are within the authority of this body, and the prosecutor ' s powers are to retransmit the appeal to the authorities responsible for dealing with these matters, and the applicant will then be notified in writing.
• Question:Should I give you information about the payer?Answer:........................................................The place of work, the availability of other sources of income, the assets + the address of their location should be indicated.

By pressing the button, you agree to process your personal data and agree to a personal data processing policy.

How to file a complaint with the Public Prosecutor ' s Office for non-payment of maintenance

The regular refusal of a alimony payer to transfer money is a crime that unfortunately is constantly found in judicial practice; this inaction is considered to be a violation of Russian law, because under the Family Code, it is the duty of every parent to take care of his or her children.

Whether it is possible to settle the matter without recourse to the courts, because it takes the mother a lot of time and energy to try and defend her opinion, and it is possible to resolve such differences through the Public Prosecutor ' s Office, but only in exceptional circumstances.

Can the Public Prosecutor ' s Office be contacted?

Of course, the debtor's failure to pay maintenance does not fall within the scope of the Public Prosecutor's Office; any such matters must be resolved through the Federal Service of Conservatives, since this is their main activity; therefore, to write to the supervisory authority an appeal to the effect that the husband refuses to pay for his child has no meaning; the application will not be considered.

In some cases, however, the matter could be resolved only through the Public Prosecutor ' s Office, in particular when the bailiff in charge of the case failed to perform his or her duties.

In addition, if there are grounds for criminal prosecution, the documents are referred to the police investigation department, and if there is no notification of the institution of criminal proceedings, it is also appropriate to file a complaint with the prosecutor.

Liability to the non-payer

Under family law, every parent is obliged to take care of his or her child until he or she reaches the age of majority (or until he or she reaches the age of 23, provided that he or she is trained in face-to-face training), and for failing to comply with this obligation, he or she is liable to administrative and criminal liability.

CoA Punishment

1. Fine.
2. Peni, which represents a percentage of the unpaid maintenance payment.
3. The deprivation of parental rights with respect to the child.
4. Withdrawal of driving permits.
5. Prohibition to travel abroad of the Russian Federation.

Punishment under the Criminal Code

If, on the other hand, the carer refuses to perform the maintenance duties assigned to him or her, he or she shall be held liable under article 157 of the Criminal Code:

1. Administrative arrest for up to three months.
2. Prison for up to one year.

How to be held accountable for non-payment of maintenance

Any measure of liability against a parent who does not pay alimony shall be ordered by a court, bailiff or recriminator.

Unfortunately, although the recovery of funds is a direct responsibility of bailiffs, they do not always perform their duties in good faith.

Parents therefore have to control the whole process on their own – by filing complaints and statements.

If the bailiff in charge of the case refuses to perform his or her direct duties or does so in an inconsistent manner, it is ineffective for the perpetrator to appeal to a superior, the head of the Federal Service of the circuit or settlement bailiffs.

Appeal to the Public Prosecutor ' s Office

The Public Prosecutor ' s Office can only file a complaint about the negligence of the bailiff ' s duties if the complaint to his immediate superior has not yielded any results; the application must be submitted to the public prosecutor of the city or district in whose territory the bailiff commits a violation of his rights.

If it was established by the prosecutor that an official in another State institution should handle the application, all documents would be retransmitted, and the complainant would also be informed of such a move.

How to Write a Statement

It is possible to file an application with the Public Prosecutor ' s Office for a bailiff ' s failure to act in any form, since there is no strict form at the legislative level; however, it is better to follow an approximate form in which there are basic details relevant for the forthcoming inspection.

First of all, it is worth remembering that this document should be written in a formal business style; it is not worth using overly emotional or offensive terms, as this treatment will later appear in the case file.

The following applications are not accepted by prosecutors:

1. Built up sloppy.
2. There's an abnormal language in the text.
3. The entire text of the document is an inconsistent stream of consciousness from which it is difficult to understand.

If the statement is correct, but there are unfounded requirements that are contrary to the letter of the law, the document will be returned to the applicant.

Model document

1. The information of the prosecutor or prosecutor to whom the application is submitted should be indicated in the cap, and the information of the applicant (his OSI, address of permanent residence, contact number) should be indicated in the same part of the application.
2. The name of the document is a statement.
3. The description of the application should contain a consistent and detailed description of the circumstances of the incident, which should include information on how the bailiff worked, that he did not search for the debtor or restrict his rights.
   The more information will be provided in the communication, provided that it confirms that the bailiff has failed to comply with his or her duties, the more likely it will be that the prosecutor will deal with the case.
4. The resolution contained a request to the prosecutor, for whom an agreement was being drawn up, to bring the perpetrators of the federal bailiffs to justice for their failure to perform their duties, and to punish a maintenance worker who did not support his child.
   You shouldn't mention in the application the references to laws that violate the bailiff. You can only do that when a person is sure that they are correct, you should consult a lawyer before you do so.
5. The final part indicates the applicant ' s signature, the date of the appeal.

It should be borne in mind that the Public Prosecutor ' s Office did not consider anonymous applications; the document should therefore contain complete and reliable data on the applicant.

You can download a sample application to the D.A.'s office here.

Necessary documents

In addition to the application itself, the applicant must hand over the following package of documents to the Prosecutor ' s Office:

1. His passport.
2. The court ' s decision, on the basis of which maintenance payments are withheld.
3. The order of the bailiff that the proceedings had been opened.
4. A copy of the statements and complaints filed against the acts of the bailiff, the head of the Federal Service, and the replies thereto.
5. Other relevant documents.

Please note that Russian legislation is constantly changing and that the information we have written may become obsolete. In order to resolve your family law issue, you can contact the website ' s free legal advice.

How to apply for non-payment of maintenance

You can write an objection, not an objection. You can file a counter-claim. You can contact a lawyer in Tveri to provide legal support. You have the right to write both an objection to the guardian's claim and a counter-claim to set aside a counter-claim. You can contact a lawyer in Tveri. You have filed an application for criminal liability against the ex-husband for failure to pay alimony.

Dear readers, our articles talk about model ways of dealing with legal issues, but each case is unique.

If you want to know,How to solve your problem -- you can use the form of an online consultant on the right or you can call the phones on the website. It's quick and free!

Contents:

• A child to whom the father owes alimony can become the owner of a part of Dad's apartment.
• Failure to pay maintenance and possible action in 2023
• Application to the Prosecutor ' s Office for non-payment of maintenance
• Claims for maintenance and damages
• How do you get a maintenance claim from bailiffs?
• Wicked evasion of maintenance payments
• Failure to pay child support
• Failure to pay child support
• Non-payment of maintenance: administrative liability in 2018

Of course, this is far from a complete list of possible cases, but it is impossible to take into account everything, and some more typical situations will follow.

A child to whom the father owes alimony can become the owner of a part of Dad's apartment.

A number of conditions or grounds must be met in order to be able to file a claim for maintenance in court and to be sure that the claim will be resolved: The time limit for filing a claim for maintenance is regulated by article of the Family Code of the Russian Federation.

In order to understand whether the three-year limitation period would apply, it was necessary to establish the reasons why the debtor had not made maintenance payments.

If the court determines that the maintenance debt is accumulated due to failure to pay for valid reasons, illness, a difficult life situation, serious material problems for the debtor, etc.

Further details on how to calculate maintenance arrears — https: The same applies to the time period for filing a claim. If the maintenance debt was incurred solely through the fault of the payer, the plaintiff will be able to apply to the court for recovery at any time, failing to comply with the three-year statute of limitations.

The applicant has the right to apply to the justice of the peace for the payment of maintenance, and the plaintiff has the right to appeal to the justice of the peace who made the original decision for the payment of maintenance.

That would be the most convenient, so the earlier judgement would play an important role: a claim for maintenance arrears was brought before the courts when the amount of the debt determined by the bailiff clearly violated the interests of any party to the execution proceedings.

Those who file an application for payment of maintenance debts to the judge are entitled to file both the beneficiary of the maintenance and the debtor themselves, and claims filed by the claimants are much more frequent.

It is they who most often initiate the recovery of the debtor ' s unpaid funds for the child, and if the bailiff is unable to help recover the debt, then recourse to the courts is the only possible measure, and the debtors are much less likely to bring such claims before the courts.

The reason for this treatment is often to disagree with the amount of the arrears paid by the bailiff.

The debtor resorts to the courts to prove that the debt was not directly attributable to him, that the penalty was unjust, that the amount of the debt was overstated, and so on.

If the judge found the debtor ' s arguments to be well-founded and the reasons for not paying alimony to be valid, he could even decide to exempt him from payment of the debt.

What documents are required for any legal action to be documented, only then can it be assured that a well-filled claim form for maintenance will be accepted by the court.

The requirements for a package of documents to be submitted to the court are laid down in article 3 of the Code of Civil Procedure of the Russian Federation. The application is made in three copies: it must be accompanied by: all documents must be presented to the court in their original form with the attached copies.

The documents, the calculation of the debt and the UFC decisions are only in the form of originals, and how the rules for the preparation of a statement of claim are set out in article O of the Code of Civil Procedure of the Russian Federation.

Any statement of claim must contain the following particulars: the operative part of the statement indicates a claim for the recovery of maintenance debts in a certain amount, lists the documents attached to the claim, the date and signature of the claimant.

These are the rules for the preparation of a claim for maintenance, and the model can be seen below: when a case is brought on the basis of a claim for recovery of arrears, the alimony will be fixed.

The claim must be addressed to the justice of the peace, where the defendant resides.

If the debtor refuses to pay the debt voluntarily, the recovery may be made against its property, movable and immovable, available cash accounts, etc. If you have any questions as to how to properly write a claim for maintenance debts, please comment on them.

Failure to pay maintenance and possible action in 2023

A model of the application to bailiffs for child support is one of the most common problems between former spouses for unintentional or intentional actions.

In order to recover maintenance arrears, the mother of the child must file a claim for non-payment of maintenance with the court in the place of residence.

Maintenance debt is the total amount of debt arising from the delay in the payment of maintenance for a certain period from the first payment of maintenance payments until the decision on the enforcement of the debt is made; the claim for non-payment of maintenance payments: the treatment takes place in an enforceable form.

In the conduct of enforcement proceedings, bailiffs may impose the following sanctions: restriction of the right to travel abroad; suspension of driver ' s licences for failure to pay maintenance; fines; arrests; confiscation of property, etc.

Application to the Prosecutor ' s Office for non-payment of maintenance

The payment of money to children may be enforced by the court through confiscation of property; who can request a certificate of maintenance; Customs officers may request a certificate of debt if the payer is not allowed to cross the border.

The court bailiffs service is a public body charged with the execution of court decisions, federal laws, and it is possible to stop the execution proceedings on the application of the recipient by submitting a certificate from the place of employment containing information on the payment of maintenance, which is made freely and certified by the general accountant and the head of the organization.

A certificate may be required by the social protection authorities to determine the amount of the child ' s benefits.

Take a look at this: How to file for alimony, application forms for alimony.

How do you draw the attention of human rights bodies to the problem of non-payment of alimony?

A number of conditions or grounds must be met in order to be able to file a claim for maintenance in court and to be sure that the claim will be resolved: the time limit for filing a claim for maintenance is regulated by article of the Family Code of the Russian Federation. In order to understand whether the three-year statute of limitations will apply in this case, it is necessary to establish the reasons why the debtor has not made maintenance payments.

Claims for maintenance and damages

Useful information: Is the authorization of both parents necessary for the child to leave the Russian Federation? For failure to pay maintenance, administrative liability after the court has decided to bring a citizen to justice, the judicial officers are obliged to monitor the paymenter ' s compliance with all the requirements of the court.

The payment of maintenance was therefore often a test of the debtor ' s humanity and conscience, but, unfortunately, many still failed to do so; in that case, all that remained to be done was to rely on the law.

Credit obligations; maintenance and other civil obligations, such as payment of compensation for moral damage, maintenance payments to parents; if the alimony payer has changed his family or financial position, which has led to difficulties in paying maintenance, he should apply to the court for a reduction or change in the form of maintenance payments; but it is not possible to acquire the right to terminate his obligations or to be excused from payment of the outstanding debt; what penalty is incurred for failure to pay maintenance? If the payer has no work or earnings, the court will seize his property; the property is sold in a tender, the proceeds are paid in respect of alimony; the bank accounts are paid in order to pay the maintenance debt, the bank accounts of the payer may also be seized; once the necessary amount of the debt has been cancelled, the seizure will be lifted; the fine for failure to pay maintenance if it becomes clear that the maintenance payer has hidden his income in order to avoid the payment of maintenance, he will have to pay a fine, the minimum wage.

Wicked evasion of maintenance payments

If the payments are stopped, the amount will be accumulated gradually, making it even more difficult for a person to obtain full compensation for the entire period, in which case the parent may be affected by a number of statutory measures.

At first, this may be written warnings, but if there is no further response, more severe measures ranging from fines to deprivation of liberty, the types of liability for evasion of maintenance for the perpetrator are subject to three types of liability, namely civil, criminal and administrative penalties.

The involvement of each of them depends on the gravity of the violations and the length of time during which the offender knowingly departs from compliance with the rules established by law.

Civil liability This type of coercion includes payments and damages for late maintenance payments that were incurred by the accused.

In Kyrgyzstan, citizens are wanted for non-payment of maintenance.

In order to recover the unpaid amount of child maintenance, the second parent must follow the following procedure: Application for calculation of maintenance: Application for a court order first, the child ' s mother must file a claim with the court for payment of maintenance arrears.

Within 10 days of the receipt of the executive notice, the bailiffs shall commence the proceedings.

Failure to pay child support

The Public Prosecutor's Office is the body for which it is established: however, the Public Prosecutor will not deal with all complaints on the merits; there is a legal concept of jurisdiction.

Human rights defenders note that the situation has not changed with the increased liability for non-payment of maintenance, with the punishment of a threefold increase in the amount to be paid for children.

In addition, it is not known how many women do not go to the courts and bring up the child on their own. 28 years old, Akilai Koichukaraeva, a year ago, she divorced her husband.

Since then, she has not been able to recover her maintenance from her husband.

All data will be transmitted through the secure channel Quickly complete the form, and in five minutes you will be contacted by a lawyer for reasons of non-payment of maintenance.

In some situations, the payer deliberately simply refuses to support the child recipient, in others it is virtually impossible to provide for the child's needs because of personal problems.

Depending on the circumstances, the liability of the payer is fundamentally different, up to its total abolition.

For example, if, in court, the claimant claims that due to the non-payment of maintenance obligations and the creation of debts, the claimant has taken credit due to the inability to pay the child ' s extra expenses or travel expenses, a copy of the loan contract must be provided in support of his or her statement as an attached document.

THROUGH THE TIME: How to file for alimony

How do you file an application for non-payment of maintenance with the Public Prosecutor's Office?

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Hello, I haven't received alimony since 2005.

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Legal responses (3)

If the execution proceedings are actually initiated, lodge a complaint against the bailiff ' s failure to act with the prosecutor (in a free form), and you can also apply to the court to appeal against such actions.

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Hello, Marina!

You have the right to lodge a complaint with a superior bailiff or an administrative action to challenge the actions of bailiffs in court.

According to art.

A complaint against an order of an officer of the bailiff ' s office or his/her action (inaction) shall be filed within ten days from the date on which the bailiff or other official issued a decision, committed an act, found that he/she had not acted or refused to challenge it; a complaint shall be filed within ten days from the date on which he/she became aware or should have known that the order had been issued, or that he/she had committed an act (inaction); in accordance with article 128 of the Act, the decision of the officer of the bailiff ' s service or his/her action (inaction) on the execution of an executive document may be challenged before an arbitral tribunal or a court of general jurisdiction in accordance with the procedure established by the procedural law of the Russian Federation, taking into account the particulars established by this Federal Law.4 The court shall consider the application within ten days, in accordance with the rules established by the procedural law of the Russian Federation, taking into account the particulars established by this Federal Law.

In practice, recourse to a superior in the chain of command has little effect, and it is usually the case that recourse to a court of law is effective.

There's no point in going to the D.A.'s office. They're still gonna file a complaint with the OFSP.

Good luck!

Hello, Marina!

In order to help you, you need details — the amount of the debt, the basis for its recovery, the debtor's income and property to be recovered, the actions you and the bailiff department have taken during that time, etc.

How to file a complaint with the Public Prosecutor ' s Office against bailiffs

Both the recovery officer and the alimony payer may encounter inaction or unlawful acts by the bailiff, with the prosecutor ' s office as one of the measures taken to influence the bailiff.

The procedure for filing an application is regulated by the legislation of the Russian Federation and a sample of the complaint against the bailiff can also be viewed and downloaded on the page.

After the inspection, the prosecutor informs the complainant of its findings and gives an indication of the remedy of the violations of the law (if found) to the head of the Federal Service of Conservatorys.

When can you file a complaint with the prosecutor's office about bailiffs' failure to act?

A complaint against a certain act or omission by an official may be filed by each party to the maintenance enforcement proceedings, not only in a subordinate order (the head of the FSPF) and before the court, but also directly.to the Public Prosecutor ' s Office.

According to article 19, paragraph 4, of Federal Act No. 118-FZ on bailiffssupervision of the implementation of the lawThe procurator ' s office of the Russian Federation is responsible for the execution of executive proceedings by bailiffs.

Prosecutorial oversight- A special form of activity of the Public Prosecutor's Office, which is to ensure the rule of law and to detect, remedy and prevent violations of the law.

By contacting the Public Prosecutor ' s Office, the party to the executive proceedings must know that:

• She can.To indicate the unfair work of the bailiff in violating the law and to establish such illegality;
• She can't.To ask the prosecutor to encourage the bailiff to do something — only the superior leadership of the bailiff or the court has that power.

When deciding on a complaint to the Public Prosecutor ' s Office against a staff member of the SPF office, the complainant must have a binding documentary confirmation of his/her case, which gave rise to the complaint.

Grounds for filing a complaintThe Public Prosecutor ' s Office consists of:

• An illegal order in a particular enforcement proceeding, and any act of a bailiff is made by the issuance of such a document;
• An official ' s inaction (in relation to a party);
• Unlawful acts (including abuse of authority).

How can you lodge a complaint with the prosecutor against the failure to act in the execution proceedings?

The procedure for appealing against the acts and omissions of the bailiff is governed by article 122-128, 229-FZ, "On execution proceedings".

• Answer a few simple questions and receive a collection of site materials on your own occasion.

• It is important to remember that the legal time limit for appeal is equal10 calendar daysFrom the moment the contested act (order) was carried out, or from the time the complainant became aware of a violation of his rights.
• As such, there is no clear legislative framework for the preparation of a complaint to the Public Prosecutor ' s Office, but there are certain requirements for this document that the complainant must comply with in order to avoid refusing to consider the application.
• The complaint shall be written or printed and may be forwarded to the prosecutor:

• A registered notification letter;
• Handed over personally to a specialist on the day of admission;
• An e-mail was sent through the official website of the Public Prosecutor ' s Office; the website of the Public Prosecutor ' s Office should indicate the applicant ' s region of residence; the system would send you back to the website of the relevant entity of the Federation, then it would be possible to complete the e-mail application.

The latter option, however, also requires the scanning of the attached documents to the complaint, without which it may be refused consideration.

How to file an application with the Public Prosecutor ' s Office for bailiffs (model)

The text of the complaint is based on the following mandatory elements:

• " Shapca " of the statement:
  • Name of the Public Prosecutor ' s Office (city or district where the territorial division of the judicial bailiff ' s office is located, with an address);
  • The claimant ' s address and contact number.
• Document title:"A complaint against the act (or omission) of the bailiff."
• In-depth presentation of previous facts:
  • When and by which court an executive notice (judiciary order) has been issued for the award of maintenance;
  • When enforcement proceedings have been initiated (number and date are desirable);
  • The incumbent and F. I. O. (full) of the bailiff who conducted the proceedings and violated the applicant ' s rights.
• The main thrust of the complaint is as follows:
  • A description of the abuse by the bailiff of the complainant ' s rights;
  • References to the law supporting the violations in question.
• Claimant ' s claims(since the Public Prosecutor ' s Office checks the legality of the action, the requirements must be based on this oversight function):
  • To verify the activities of a particular official with regard to the violation of the rule of law;
  • To bring the guilty person to justice;
  • Take action by the Public Prosecutor ' s Office.
• Documents attached:
  • A copy of the applicant ' s passport;
  • A copy of the order to initiate enforcement proceedings;
  • A copy of the contested decision (or other documents proving that the complainant ' s rights have been violated).
• Signature of applicant and date of compilation.

Model complaint against bailiffs to the Public Prosecutor ' s Office (revenue recovery)

Prosecutor of Krasnodar, Senior Counsel for Justice, A. E. SzhukinKrasnodar, October, 31/1, 350060

Mother's Vera Ivanovna,Krasnodar, Montažnikov Street, 12 B, square 92, tel. 8-97-654-32-10

Complaint of failure to act as bailiff

How to file a complaint with the Public Prosecutor ' s Office for non-payment of maintenance, sample question

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However, this is done by an authorized bailiff, not by a prosecutor.

Conclusion

Thus, if a citizen has noticed irregularities in the work of a bailiff, he or she may file a complaint against him or her with the Public Prosecutor ' s Office, which shall be prepared in writing; the model of the application for non-payment of maintenance, as set out above, will help to form the complaint correctly; together with this paper, additional documentation will also be provided to show that there have been violations.

If the inspection reveals misconduct on the part of the bailiff, the prosecutor will demand that he correct the violations.

Application to the Prosecutor ' s Office for non-payment of maintenance

• An order to remedy the violations identified;
• Bringing the guilty official to justice.

On the basis of an order issued by the Public Prosecutor ' s Office, only he or she can induce the bailiff to act or eliminate an unlawful act.a higher personeitherJudicial authority.

In any event, each party to a maintenance relationship (the claimant or payer) whose rights have been violated by the activities or omissions of the staff member of the SPF should bear in mind that it is possible to challenge his or her misconduct in the performance of his or her duties:

• In the first place, a complaint to a superior under a chain of command;
• By filing an application with the court.

If, however, the complainant believes that the bailiff is in breach of the law, the application to the Public Prosecutor ' s Office would not be unnecessary.

Application to the Public Prosecutor ' s Office for non-payment of maintenance: sample

The maintenance guy's statements and his claims about the alimony debt are written in the name of the district/city attorney, and there is a free flow of information in it, but there are a number of mandatory parameters and an approximate structure that needs to be followed.

Rules:

• Business style;
• Written form;
• Avoiding offensive, emotional, public statements;
• Specific;
• Laconicity;
• Legitimate, justified claims.

Note!If the application were to contain an unlawful, unfounded claim, it would not be admissible.

Structure of the statement:

1. The hat.
2. The name of the paper.
3. Descriptional part.
4. It's a positive section.
5. Signature + date.

Hat

1. This part shall contain information on the addressee and applicant.
2. The paying party may also file a complaint with the Public Prosecutor ' s Office if it finds that the bailiff ' s powers are exceeded.

3. In doing so, the applicant has the right to demand that the acts of the bailiff be defined as unlawful, but cannot ask the prosecutor to induce the staff member of the SPF to do so.

Therefore, if the recipient of the funds or the payee discovered the abuse of the bailiff, it would be more appropriate to approach the staff member ' s management first.If such treatment has not been successful, a complaint may be lodged with the Public Prosecutor ' s Office.

Read if you are imprisoned for failing to pay maintenance.

Impact of the application to the Public Prosecutor ' s Office on the non-payer

Once the application is accepted, it will be processed and the applicant ' s factors will be verified.

How to file a complaint with the Public Prosecutor ' s Office against bailiffs

The Administrative Criminal Code of the Russian Federation, normative documents that provide for severe penalties for failure by the parent to comply with the obligation to maintain a child, how can the attention of the human rights authorities be drawn to the problem of non-payment of child support?

In this article, we will examine the procedure for bringing the maintenance debtor to justice and the role played by the bailiff service (JPO), the court and the prosecutor ' s office in this procedure.

Non-payment of maintenance and the Public Prosecutor ' s Office

• Frankly, the issue of non-payment of alimony is not a matter for the prosecution.
• It is useless to file a complaint with the Public Prosecutor's Office against an ex-husband who fails to live up to his maintenance obligations.
• We will consider below how it makes sense to file a complaint with the Prosecutor ' s Office.

Although this is not literally a statement of non-payment of maintenance, it will eventually be the result.

So you can look at him like that.

How to file a complaint with the Public Prosecutor ' s Office for non-payment of maintenance

The Public Prosecutor ' s Office supervises the work of bailiffs (art. 19 of Act 118-FZ), but this person may state that the bailiffs fail to perform their duties or do so only formally, without a real outcome, and such statements are carefully examined and the results of these statements are verified by the bailiff ' s service.

Application to the Public Prosecutor's Office for non-payment of maintenance — a sample

It must be registered and the visitor issued the number of the incoming document, and the applicant must reply to his request no later than 30 days.

Is it possible to go to the public prosecutor's office for alimony?

The Public Prosecutor ' s Office did not have the authority to supervise the non-payer, but the executive service was one of its functions.

You shouldn't stand by if the bailiff's fault is to delay the payment of maintenance, and after having received all the evidence, you should file a complaint with the prosecutor's office, and the trial will go much faster.

Grounds for application to the Public Prosecutor ' s Office for maintenance

As can be seen from the above, it is possible to write a statementby complaintto the negligence of a bailiff in his work.

And the bailiff is already dealing with all the other issues, including going to the prosecutor's office, and the recipient of the funds can file a complaint, but he's gonna get the answer that he's dealing with a case like this, and he's gonna go there.I mean, there's no need to waste time on statements like that.

However, there is one point where an application to the Public Prosecutor ' s Office can be the only way to obtain alimony; some bailiffs do not have due diligence in their duties.

It's almost impossible to get any specific answers or actions from them, and if it goes beyond reason, first you have to try to complain to the head of the SSR unit, sometimes it helps, and if it doesn't, then you can write a statement to the prosecutor's office that the bailiffs aren't doing their job.
It is important to download a sample of the claim for non-payment of maintenance to the Public Prosecutor ' s Office

Make sure that the application is well written and legal, which will increase the chances that the appeal will be considered.

If there is doubt about the legal rules to which reference can be made or about the wording of the application, it is better to refer to a professional.

Up-to-date questions and answers

• Question:Who is the addressee of the claim for non-payment of maintenance?Answer:........................................................In the case of maintenance payments, the application is addressed to the district or city prosecutor where the civil rights have been violated.
• Question:Are all the complaints filed under maintenance considered by the Public Prosecutor's Office?Answer:........................................................Communications are being considered on matters within the agency of this body.

In case of doubt, however, it is better not to provide this information.

The model application to the Executive Service for non-payment of maintenance is as follows:

The document is accompanied by the applicant ' s signature and the date on which it is submitted to the appropriate authority and will be considered after the application has been received.

1. Pick up a sample.
2. Find out how to raise maintenance to the subsistence level.
3. It's interesting to know if you can put alimony on your own.
4. By reference, information on what documents are needed to deprive the father of his parental rights.

Additional documentation

• In addition to the application, the citizen must submit additional documents to the Public Prosecutor ' s Office.
• The first thing you need is a passport.
• But there is another legitimate way to respond to a complaint to the Public Prosecutor's Office about an official's inaction.

Art.

315 The Criminal Code of the Russian Federation provides for the liability of a representative of the authority, including a bailiff, for failure to comply with a court decision.

Is it possible, in principle, to apply to the Public Prosecutor ' s Office for non-payment of maintenance

If an executive document is not complied with, the authorities that control the actions of public servants should be referred to the Public Prosecutor's Office as one of those bodies; in fact, a citizen can file any complaint concerning the non-fulfilment of his or her rights; the main activity of the Public Prosecutor's Office is to monitor the observance of civil rights.

It's written by the D.A.'s D.I.A. and the department to which the complaint and his data will be filed.

Description

One of the longest sections: it sets out the circumstances of the case in chronological order.

For example, data on the judgement, the filing of a package of documents in the SBS, the commencement of proceedings, both the applicant ' s actions and the measures taken by the officials, must be detailed as to what action the bailiff could and should have taken, but did not do so.

The more specific, substantiated and substantiated claims are described in the statement, the more likely it is that the referral will be considered and action taken.

Resolution

In this part, the request itself must be made; it may be requested to check the bailiff ' s performance and to hold officials accountable for specific violations.