The law empowered bailiffs to collect debts from the population. One of the “popular” tools is the ban on travel abroad. The minimum amount, ease of use, high efficiency are the advantages of this measure of influence on debtors. We will figure out what debt they will not be released abroad, how to check for a ban and what to do if it was imposed.
Grounds for restricting travel by law
Perhaps the most common reason why a citizen who has not committed a crime and is not in the service of power structures can be restricted in the right to leave is debts. But it is far from the only one. To find out for what reasons they may not be released abroad, we turn to Art. 15 ФЗ № 114 of 15.08.1996 "On the procedure for entry / exit from the Russian Federation". So, the ban on foreign travel is imposed on:
- debtors evading the fulfillment of the obligations imposed on them;
- citizens admitted, in accordance with their type of activity, to state secrets;
- conscripts and citizens sent to alternative service;
- citizens suspected, accused and convicted of crimes;
- Russians who, when applying for a passport, provided false information about themselves;
- citizens who work in the security agencies (FSB);
- debtors declared bankrupt.
In each of the cases described, its own procedure for imposing a ban on leaving is applied, but the debtor must always be notified of this. In order to prevent an attempt to cross the border, his passport may be withdrawn from him.
Debts that will not be released abroad
Avoiding the obligations imposed by the court is a vague concept. Usually we are talking about unfulfilled financial obligations, that is, about debts. Taking this into account, a temporary restriction of the debtor to travel outside the Russian Federation may be imposed upon the occurrence of:
- tax arrears;
- debts on loans, microloans, to individuals;
- non-payment of alimony;
- fines - traffic police and other administrative;
- utility bills;
- violations of the fulfillment of the requirement of a non-property nature - for example, about eviction, transfer of the child, reinstatement at work.
But if we talk exclusively about financial debt, the nature of the debt is only of secondary importance. Firstly, because the law defines the minimum debt, after reaching which you can restrict travel:
- 30 thousand rubles - in general cases;
- 10 thousand rubles - in case of compensation for harm, payment of alimony and debts, if the delay in fulfilling obligations exceeds 2 months.
Secondly, there is a strict procedural order followed when imposing restrictions.
Who restricts the right to leave
Debtors' travel abroad is limited only if:
- The debt arose under a judicial act or an act of another government agency.
- The debtor evades the performance of his duties.
- The competent authorities decided to restrict travel.
Confirmation of the fact of evasion of debt repayment is possible only within the framework of enforcement proceedings. Therefore, the answer to the question of who can prohibit traveling abroad because of debts is the bailiff service (FSSP).
In accordance with Art. 67 Federal Law No. 229 dated 02.10.2007 "On Enforcement Proceedings" (hereinafter - Federal Law No. 229), it is the bailiffs who are empowered to restrict the right to leave. They make a decision at the request of the claimant or on their own initiative, about which an appropriate resolution is issued.
However, if the debt arose on the basis of a decision of another (non-judicial) body, the bailiff is not entitled to independently decide on the ban. He preliminarily submits a petition for the restriction to the court and, only if satisfied, makes a decision on the prohibition of leaving.
Tax debts
Tax debts can arise not only from enterprises, but also from individual entrepreneurs and ordinary citizens - for example, in the case of non-payment of land tax, transport or income tax after receiving the property. In general cases, the FTS first sends the taxpayer a notice of the need to pay tax. When the payment is not received, the tax authorities send the claim to the debtor. If it is not performed, guided by Art. 48 of the Tax Code, submit an application to the court.
In case of a positive decision of the court, an executive document is drawn up, which is sent further to the FSSP. If the total tax debt from bailiffs exceeds 30 thousand rubles at the time of the opening of enforcement proceedings, a ban on leaving may be imposed as early as 5 days after the debtor is notified of the opening of enforcement proceedings. If the arrears are higher than 10 thousand rubles - in 2 months, if less - the departure is not limited.
Read more about this in the article "Will they be released abroad if there are tax arrears".
Failure to pay alimony
Alimony is a specific payment. They are of a periodic nature, they are listed monthly, so debts are growing very quickly. Since this money should go to the maintenance of children, this category of debts is a priority and under the special control of the state. For example, in the first half of 2021 alone, the FSSP issued 126 thousand orders to temporarily restrict the right to leave alimony debtors. All in all, at the time of the preparation of the material, there were 840 thousand alimony workers under the ban.
But it's not just about protecting the rights of minors. According to paragraphs. clause 1 of Art. 67 of the Federal Law No. 229, the amount of debt for the prohibition of traveling abroad in 2021 for alimony is only 10 thousand rubles. Considering that the average amount of alimony in the country is 7-8 thousand rubles, it is possible to get a travel restriction if there is a 2-month debt.
The procedure for imposing a sanction is standard. As a rule, executive documents on the recovery of alimony are initially being executed by the FSSP. This means that the restriction can be imposed immediately, as soon as the debt exceeds 10 thousand. Usually, this does not require a petition from the claimant.
Unpaid traffic fines
The traffic police resolution on an administrative offense is a non-judicial executive document, and the collection of fines on it is also carried out by bailiffs. However, officials are reluctant to impose restrictions on travel under this document, and there are a number of reasons for this:
- A restrictive measure is applied in the event of a debt in the amount of 30 thousand rubles or more than 10 thousand rubles, when the debt was not repaid within 2 months. Such fines are imposed for serious traffic violations - for example, driving while intoxicated.
- The claimant is the state - that is, in fact, no one will apply for a ban.
- Since the resolution is a non-judicial executive document, for the imposition of a sanction in accordance with paragraph 3 of Art. 67 ФЗ № 229 the bailiff must additionally apply to the court.
Communal debts
The debt on payments for utilities in our country is increasing every year. In the first quarter of 2021 alone, it grew by 5.3% compared to 2021. The total amount of utility debts across the country as of September 1, 2021 reached a record 1.4 trillion rubles. It is obvious that utilities are ready to collect such colossal funds forcibly, and one of the measures of coercion is just a ban on leaving. The procedure is standard:
- An application for the issuance of a court order is submitted to the court.
- The court order is submitted to the FSSP at the place of residence of the debtor.
- Enforcement proceedings are opened.
- The application for the restriction of travel is attached to the application for the initiation of enforcement proceedings.
- If the amount is more than 30 thousand rubles, a resolution is issued to restrict the right to travel abroad; if the debt exceeds 10 thousand rubles, the resolution is issued after 2 months.
Usually non-payers are restricted from traveling abroad. The average size of the monetary obligations of one debtor for a communal apartment in the country is 46 thousand rubles.
No exit if you have a loan
There is an opinion that an unpaid loan gives banks the right to independently decide the fate of the debtor, including prohibiting him from traveling abroad. But in reality this is not so - the presence of a loan, even if there is debt on it, in itself is not a reason for a ban on leaving the country.
Like all other claimants, the bank must go through the standard procedure by filing a claim in court, receiving a writ of execution and sending it to the FSSP. And only if the amount of non-payment on the loan exceeds 30 thousand rubles (10 thousand - after 2 months of non-payments), the bailiff has the right to restrict the debtor's freedom of movement. Without going through this procedure, it will not be possible to restrict a citizen's right to leave, regardless of the size of the debt.
Read more about whether they will be released abroad if there is a loan.
In the presence of enforcement proceedings
Enforcement proceedings - the final stage of the debt collection procedure or the performance of other property or non-property obligations imposed on the debtor by the court. Only within its framework, as we have already said, can they prohibit travel abroad. However, the very fact of the commencement of proceedings does not mean that any enforcement measures will be applied to the debtor. In particular, he has absolutely nothing to fear if the debts are up to 10,000 rubles. In this case, the bailiff has no right to prohibit him from leaving the country.
The situation is different when it comes to non-property claims. For example, when it is a demand for eviction, release of a land plot or demolition of a building, transfer of a child to a second parent or the procedure for communicating with him, and so on. If such obligations are not fulfilled within 5 days from the date of receipt of the decision to open enforcement proceedings (this is most often the case), the bailiff has the right to restrict the citizen's right to leave.
You will find more useful information in the publication "Will they be released abroad if there is enforcement proceedings."
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Checking the ban on leaving
A citizen must be informed about the restriction of his right to leave the Russian Federation. Therefore, according to paragraph 10 of Art. 67 ФЗ № 229 no later than the next day from the date of the decision, the debtor is sent a copy of the document. But citizens do not always live at the place of registration, and decisions simply do not reach them. To avoid unpleasant situations when going through border control, it is recommended to check for prohibitions before traveling:
- through the Bank, this is the executive proceedings of the FSSP, where you can find information about open proceedings, the amount of debts and contacts of the bailiff, who is in charge of the case and will inform about the presence of a restriction;
- in the subdivision of the FSSP at the place of residence;
- through special online services that, for a modest fee, will check for restrictions within a few minutes.
There are other ways to check. You can find out about them by reading the article "How to find out if there is a ban on traveling abroad."
Do they check for debts at the airport?
Users are often interested in what debts are checked at the airport when flying abroad. To clarify, border officials at the airport do not check passengers for uncovered debts. However, before leaving, every Russian goes through border control, which provides for a check on the migration registration system. This is where problems can arise.
The fact is that the decree on the ban on crossing the border in accordance with paragraph 3 of the Order, approved. By order of the Ministry of Justice No. 187 of 29.09. 2021, no later than the next day after the issue, it enters the FSSP Automated Information System, after which it enters the migration registration system used by border guards through the electronic interaction system. At the checkpoint, they will definitely pay attention to the presence of a time restriction for leaving.
How long does the ban last?
The period for which a ban can be established is regulated by paragraph 5 of Art. 15 ФЗ № 114.
The law restricts the debtor's right to leave the country until he has fulfilled his financial obligations, that is, the debt is repaid or an agreement is reached with the recoverer.
In accordance with the Letter of the FSSP No. 12 / 01-830-НВ on January 29, 2008, this period is determined by the bailiff when making a decision and cannot exceed 6 months. After the expiration of the specified period, even if the debtor has not paid off the debt, the restriction is canceled. To extend it, the bailiff must issue a new resolution.
At the same time, if before the expiration of 6 months the proceedings are terminated or completed due to circumstances not related to the actual performance, in accordance with paragraph 44, paragraph 4 of Art. 47 ФЗ № 229 the bailiff is obliged to lift the imposed restriction. Thus, the ban is relevant:
- until the debt is repaid;
- before the expiration of the sanction;
- until the termination or end of enforcement proceedings.
Is it possible to lift the ban
The law provides for cases when the ban must be lifted:
- Debt repayment. When paying off the debt, the bailiff is obliged to issue a resolution to lift the restriction no later than the next day after receiving information about this. A day later, the document is registered in the automated document management system, after which it gets to the border guards.
- Termination or termination of production. This is possible in case of reconciliation of the debtor with the claimant, recognition of the invalidity of the writ of execution, the impossibility to establish the location of the debtor, and the absence of liquid property.
- Appealing against the ruling. The restriction can be appealed in court or in the order of subordination - when the complaint is sent to the chief bailiff of the subject. 10 days are given to challenge the decision after receiving information about the ban.
Will it be possible to leave the country with debts
It is often asked what debt you can have to travel abroad in 2021. Considering the above, the answer is quite simple - it will be possible to leave the country with a debt of less than 10 thousand without any problems. the border even with a debt of up to 30 thousand rubles.
However, if there is no open enforcement proceedings, the amount of debt and its nature do not matter. A paradox will arise when there is a debt, but there is no ban on leaving - there is simply no one to impose it until the opening of enforcement proceedings.
There are other options as well. So, by Letter of the FSSP No. 12 / 01-18554-AP dated 01.08. 2021 provides for the possibility of canceling the temporary travel restrictions in cases of emergency treatment of the debtor outside the Russian Federation (if treatment is impossible in Russia), accompanying a relative who needs such treatment, or the death of a loved one living abroad. On our website you can read more about how to go abroad with debt.
Conclusion
Considering all of the above, we can single out several main conditions, in the presence of which exit will be prohibited:
- the presence of debt, which is at least 10 thousand.rubles for special claims (for alimony, compensation for harm or claims, since the expiration of the period for voluntary fulfillment of which at least 2 months have passed) or 30 thousand rubles for all others;
- confirmed fact of debt evasion, that is, the actual expiration of the term for voluntary repayment;
- open enforcement proceedings;
- a decision to restrict travel issued by a bailiff.
