Not allowed to go abroad due to alimony debts: amount of debts and how to leave

The law gave bailiffs the powers to collect debts from the population. One of the “popular” instruments was the ban on traveling abroad.

Minimum amount, ease of use, high efficiency – these are the advantages of this measure of influence on debtors.

We will figure out what kind of debt will not be allowed to go abroad, how to check for a ban and what to do if it has been imposed.

Grounds for restricting travel by law

Perhaps the most common reason on which a citizen who has not committed a crime and is not serving in law enforcement agencies can be restricted in the right to travel is debts.

But it's far from the only thing. To find out for what reasons they may not be allowed to go abroad, let us turn to Art. 15 Federal Law No. 114 of August 15, 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 their obligations;
• citizens admitted to state secrets in accordance with the nature of their activities;
• conscripts and citizens sent to alternative service;
• citizens suspected, accused and convicted of crimes;
• Russians who provided false information about themselves when applying for a foreign passport;
• citizens who work in security agencies (FSB);
• debtors declared bankrupt.

In each of the described cases, a different procedure for imposing a travel ban is applied, but the debtor must always be notified of this. To prevent an attempt to cross the border, his passport may be confiscated.

Debts with which they will not be allowed to go abroad

Evasion of obligations imposed by the court is a vague concept. Usually we are talking about unfulfilled financial obligations, that is, debts. Taking this into account, a temporary restriction on the debtor’s travel outside the Russian Federation may be imposed if:

• tax debts;
• debts on loans, microloans, to individuals;
• non-payment of alimony;
• fines - traffic police and other administrative;
• utility debts;
• violations of the fulfillment of non-property demands - for example, about eviction, transfer of a child, reinstatement at work.

But if we talk exclusively about financial debts, the nature of the debt is only of secondary importance. Firstly, because the law defines a minimum debt, after reaching which travel can be restricted:

• 30 thousand rubles – in general cases;
• 10 thousand rubles – for compensation of harm, payment of alimony and debts, if the delay in fulfilling obligations exceeds 2 months.

Secondly, there is a strict procedural order that is followed when restrictions are imposed.

Who restricts the right to leave

The travel of debtors abroad is limited only if:

• The debt arose under a judicial act or an act of another government agency.
• The debtor avoids fulfilling 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 due to debts is the Bailiff Service (FSSP).

In accordance with Art. 67 Federal Law No. 229 dated October 2, 2007 “On Enforcement Proceedings” (hereinafter referred to as Federal Law No. 229), bailiffs are entrusted with the authority to restrict the right to travel. They make a decision at the request of the claimant or on their own initiative, about which a corresponding resolution is issued.

However, if the debt arose on the basis of a decision of another (non-judicial) body, the bailiff does not have the right to independently make a decision on the ban. He first submits a petition for restriction to the court and only if it is granted, he issues a decree banning travel.

Tax debts

Tax debts can arise not only from enterprises, but also from individual entrepreneurs and ordinary citizens - for example, in case of failure to pay land, transport or income taxes after receiving property.

In general cases, the Federal Tax Service first sends the taxpayer a notice of the need to pay tax. When payment is not received, tax authorities send a demand to the debtor. If it is not fulfilled, guided by Art. 48 of the Tax Code, submit an application to the court.

In case of a positive decision of the court, a writ of execution is drawn up and subsequently sent to the FSSP.

If the total tax debt of bailiffs exceeds 30 thousand at the time of opening enforcement proceedings.

rubles, a travel ban can be imposed as early as 5 days after the debtor is notified of the opening of enforcement proceedings. If the arrears are above 10 thousand rubles - after 2 months, if less - departure is not limited.

Read more about this in the article “Will you be allowed to go abroad if you have tax debts?”

Non-payment of alimony

Alimony is a specific payment. They are periodic in nature and are transferred monthly, so debts grow very quickly.

Since this money should be used to support children, this category of debt is a priority and under special control of the state. For example, in the first half of 2019 alone, the FSSP issued 126 thousand.

resolutions on temporary restriction of the right to travel of alimony debtors. In total, at the time of preparation of the material, 840 thousand alimony workers were “banned”.

But it's not just about protecting the rights of minors. According to paragraphs. clause 1 art. 67 Federal Law No. 229, the amount of debt for a ban on traveling abroad in 2019 for alimony is only 10 thousand rubles. Considering that the average amount of alimony in the country is 7-8 thousand rubles, you can get a restriction on leaving even if you have a 2-month debt.

The procedure for imposing sanctions is standard. As a rule, writs of execution for the collection of alimony are initially submitted to the FSSP for execution. This means that the restriction can be imposed immediately as soon as the debt exceeds 10 thousand rubles. 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 under 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 has not been repaid within 2 months. Such fines are imposed for serious traffic violations, such as 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, in order to impose a sanction in accordance with paragraph 3 of Art. 67 Federal Law No. 229, the bailiff must additionally go to court.

Utility debts

Debt in payments for utility services in our country is increasing every year. In the first quarter of 2019 alone, it increased by 5.3% compared to 2019 figures.

The total amount of utility debts across the country as of September 1, 2019 reached a record 1.4 trillion rubles.

It is obvious that utility companies are ready to collect such colossal funds by force, and one of the coercive measures is precisely a ban on leaving. Standard procedure:

1. An application for a court order is submitted to the court.
2. The court order is submitted to the FSSP at the debtor’s place of residence.
3. Enforcement proceedings are opened.
4. A petition to restrict travel is attached to the application for opening enforcement proceedings.
5. 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 decision is issued after 2 months.

Usually, defaulters are restricted from traveling abroad. The national average size of monetary obligations of one utility debtor is 46 thousand rubles.

Failure to leave if there is 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 a debt on it, is not in itself a basis for a ban on leaving the country.

Like all other collectors, 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-payments on the loan exceeds 30 thousand rubles (10 thousand.

– after 2 months of non-payment), the bailiff has the right to restrict the freedom of movement of the debtor. Without going through this procedure, it will not be possible to restrict a citizen’s right to travel, regardless of the amount of debt.

Read more about whether you will be allowed to go abroad if you have a loan.

In the presence of enforcement proceedings

Enforcement proceedings are the final stage of the procedure for debt collection or fulfillment of another property or non-property obligation imposed on the debtor by the court.

Only within its framework, as we have already said, can travel abroad be prohibited. However, the mere fact of opening proceedings does not mean that any enforcement measures will be applied to the debtor.

In particular, he has absolutely nothing to fear if debts are up to 10,000 rubles. In this case, the bailiff does not have the right to prohibit him from leaving the country.

The situation is different when it comes to non-property claims.

For example, when this is a requirement for eviction, vacating a plot of land or demolishing a building, transferring 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 receipt of the decision to open enforcement proceedings (most often this happens), 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?”

Take a sociological survey!

Checking the travel ban

A citizen must be informed about the restriction of his right to leave the Russian Federation. Therefore, according to paragraph 10 of Art. 67 Federal Law No. 229 no later than the next day from the date of the decision, a copy of the document is sent to the debtor.

But citizens do not always live at their place of registration, and decisions simply do not reach them.

To avoid any unpleasant situations when going through border control, it is recommended to check for any prohibitions before your trip:

• through the Bank, this FSSP enforcement proceedings, where you can find information about open proceedings, amounts of debts and contacts of the bailiff who is handling the case and will inform you about the existence of restrictions;
• in the FSSP unit 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.

Let us clarify: border guards at the airport do not check passengers to see if they have outstanding debts.

However, before flying, every Russian goes through border control, which involves checking according to the migration registration system. This is where problems can arise.

The fact is that the resolution on the ban on crossing the border in accordance with clause 3 of the Procedure, approved. By Order of the Ministry of Justice No. 187 of September 29.

2017, no later than the next day after issuance, enters the Automated Information System of the FSSP, after which, through the electronic interaction system, it enters the migration registration system used by border guards.

At the checkpoint, they will definitely pay attention to the presence of a time limit for departure.

How long does the ban last?

The period for which a ban may be imposed is regulated by clause 5 of Art. 15 Federal Law No. 114.

Read also: Withholding of alimony at the request of an employee: sample, without a writ of execution

The law limits the debtor’s right to leave the country until he fulfills his financial obligations, that is, repays the debt or reaches an agreement with the debtor.

Source: https://zagranportal.ru/spravochnaya/vyezd-za-granicu/neviezd-za-dolgy.html

Can alimony worker travel abroad?

The Family Code of the Russian Federation provides for the forced recovery of funds from parents who evade financial support for their children.

But what if the father (or mother) paying alimony is going to a foreign country on a trip or for the purpose of permanent stay? Can a child support worker travel abroad and on what grounds? Is prohibited departure from the country an effective debt collection measure?

Travel abroad of persons bound by alimony obligations

The rules for paying funds for minors in the event of a parent leaving abroad for the purpose of permanent residence are determined by Art. 118 RF IC.

First of all, the leaving payer has the right to sign an alimony agreement with the recipient.

The document must be certified by a notary; it can contain any form of transfer of necessary payments that does not contradict the RF IC.

This could be, for example, a one-time payment of the entire amount of alimony before going abroad or a money transfer from the parent already from the territory of the country to which he is going.

An alimony agreement on payments on a voluntary basis can be concluded regardless of whether the Russian Federation has entered into agreements on the provision of legal assistance in civil, criminal and family matters with the country to which the parent is sent.

If the parties fail to reach an agreement, the potential recipient has the right to file a claim in court.

The essence of the claims:

• oblige one of the parents to pay child support in the form of a specific amount of money;
• recover from the ex-spouse a one-time payment for the entire period until the child comes of age;
• require the parent to provide movable and immovable property for child support;
• oblige the alimony provider to transfer the necessary funds in another form, for example, by opening an account in a commercial bank or monthly payments of a certain percentage of income. During the trial, the first thing to consider is the financial and social status of each participant in the process and a number of other provable facts.

Let us clarify that if there is no court decision or agreement between the parties, this does not exclude the payer’s ability to travel outside the country.

The mechanism for paying funds for a child remains the same when one of the spouses leaves the country for the purpose of earning money or performing military service.

Is it possible for a citizen of the Russian Federation to be prohibited from traveling abroad for non-payment of alimony?

Prohibiting defaulters from leaving the territory of the state first began back in 2005.

Persons who do not fulfill their obligations to support children or who have arrears in payments are identified by the Ministry of Internal Affairs when issuing foreign passports.

For such citizens, a restriction is imposed on traveling abroad until the debt is fully paid or an agreement is concluded between the parents.

A temporary ban on leaving the territory of the Russian Federation for the alimony recipient is established according to the application of the recipient or by the sole decision of an employee of the bailiff service. In this case, during enforcement proceedings initiated by a judicial authority, a resolution is issued prohibiting the debtor from traveling abroad for a certain period.

Signing a child support agreement between parents

An agreement on the payment of alimony on a voluntary basis is an agreement between the alimony provider and the recipient on the transfer of funds to the latter for the maintenance of children, which takes into account the amount, procedure and methods of making payments.

Such an agreement can also be concluded by persons who are officially married. The document is drawn up on paper and certified by a notary.

Is it possible for a parent who has entered into this agreement to travel abroad?

Signing an agreement is a very advantageous option in case the alimony worker goes abroad, if he plans to stay there for a long time or permanently, since this greatly saves time on legal procedures.

The agreement on alimony payments is drawn up according to certain rules:

• violation of the rights of young children for whose provision funds are transferred is not acceptable;
• the agreement has the same legal force as an executive document issued in court, if it is written and signed by a notary;
• all clauses of the agreement should not cause disputes between the payer and the recipient;
• the contract can specify a larger amount for payments or additional obligations of the parent.

You can easily find a sample agreement on alimony payments on the Internet.

The document must contain the following points:

• information about parents (from passport);
• the issue on which the agreement is being created;
• form, procedure and method of making alimony payments;
• the rights and obligations of each parent;
• mechanism for possible indexation of monetary amounts;
• start and end dates of the contract;
• date of signing the document, signatures of the alimony payer and recipient.

In what order are court decisions implemented in other states?

• The international and domestic laws of each country determine the implementation of court decisions on foreign territory.
• If an agreement on the implementation of court orders has not been signed between the powers, then when a spouse goes abroad with alimony debts, the funds may not be recovered from him.

In addition, in order for the decisions of Russian courts to be carried out outside the country, not only agreements between states are needed, but also compliance by the claimant of alimony payments with the clauses of the agreement. Only in this case can the process of collecting alimony abroad be organized and executed.

1. As established by international agreements, persons seeking alimony have the opportunity not only to provide documents drawn up in the Russian Federation for their further execution by government services of the country where the father resides, but also to file a petition for the legalization of an already completed decision on the mandatory payment of alimony abroad.
2. To apply a court decision on family proceedings in practice on the territory of a foreign state, where international agreements provide for such a possibility, the potential recipient is required to file a petition for legalization and permission to implement such a decision abroad.
3. The petition states:

• information about the claimant or his legal representative, including registration address;
• information about the payer who left the country, including the address of his registration or temporary stay;
• Bank account details for transferring payments.

This document is being prepared for submission to a court of a foreign state through the Russian court where the alimony case was heard.

The petition is submitted simultaneously with the court decision, a certificate of its entry into legal force and the absence of an appeal on the basis of the law.

The document must be stamped and attached to a covering letter to be sent to the Ministry of Justice of the Russian Federation.

This department checks the application for quality of execution and transfers it to foreign government services with the appropriate authority.

If a Russian court decision is recognized abroad as legal, the writ of execution is sent to foreign authorities authorized to enforce debt collection.

Source: https://sudotvet.ru/alimenty/spory/mozhet-li-alimentshhik-vyehat-za-granicu.html

Restriction on traveling abroad for alimony debts

One of the most effective measures to influence non-payers of alimony is the imposition of a temporary restriction on the debtor’s travel abroad from the Russian Federation.

Information about debts over 10,000 rubles is sent to migration and border authorities.

Thanks to this, the child support worker is completely blocked from leaving the country, and his foreign passport is subject to confiscation.

The period for canceling a previously issued restriction order is not regulated and can take 1-2 weeks , so it is necessary to take care of paying the debt or taking other measures in advance. In particular, it is recommended to check the ban on traveling abroad from Russia (online, by calling the FSSP hotline or by personally contacting the bailiffs).

Such a restriction is established in a resolution of the bailiff on his own initiative, as well as at the request of the alimony claimant for a period of up to six months.

When can restrictions on traveling abroad be imposed?

Since foreign tourism is currently very widely developed, sending employees to other countries for the purpose of exchanging experience, etc., the measure of imposing a ban on the ability to leave the Russian Federation for a modern citizen is an extremely undesirable phenomenon, which justifies its effectiveness in encouraging debtors to fulfillment of alimony obligations.

In order to apply the norm of Art. 67 of Law 229-FZ, the official must comply with a number of related conditions :

1. The writ of execution must be issued on the basis of a court decision (court order), i.e. alimony was collected by force.
2. The requirements of the writ of execution are not fulfilled by the person within the voluntary period established for implementation without good reason.
3. The debt must exceed 10 thousand rubles.

If these conditions exist, the bailiff conducting enforcement proceedings on alimony is authorized independently, or at the request of the claimant, to issue a resolution signed by the senior bailiff establishing a restriction on travel.

It should be noted that in the case of a previously concluded voluntary notarial alimony agreement, the terms of which are not fulfilled by the defendant, the bailiff himself does not have the right to apply travel restrictions , since the agreement document is not issued on the basis of a judicial act. In this case, paragraph 4 of Art. 67 of Law 229-FZ provides for the right of a claimant or bailiff to file a claim in court to establish such a restriction. A sample statement of claim on this topic can be viewed here.

When cannot a restriction on the debtor's movement be imposed?

“Blocking” the departure of debtors from the country does not require significant or malicious violations of enforcement proceedings - on the contrary, this is the “easiest”, most widespread and effective measure of applying pressure on defaulters, however, it may not be applicable for all “evaders” .

It is impossible to restrict the movement of the debtor if:

1. The alimony debt did not exceed 10,000 rubles ;
2. Alimony payments are assigned by a voluntary notarial agreement, despite its legal force, and there is no separate court decision on the travel ban;
3. The debt to pay funds arose in the absence of the debtor’s fault (i.e. he is in the hospital, acquired a disability, there was an accounting or bank error in transferring periodic payments, the applicant provided erroneous details for receiving funds, etc.);
4. There is no properly executed resolution of the bailiff to restrict the defaulter’s travel outside the Russian Federation;
5. The person who has the debt has fully repaid it before the restriction order is issued or until it is sent to the migration and border authorities;
6. The debtor submitted to the territorial department of the Federal Bailiff Service an application from the debt collector, containing agreement with the deferment (installment plan) of payment of the debt.

Example 1

The bailiff sent a decree on travel restrictions to the payer Dmitry S., dated 06/01/2017. Based on the right to appeal this document, Dmitry S.’s representative challenged it in view of the fact that the alimony debt was formed for a good reason (clause 1 of Art.

67 of Law 229-FZ): since the defendant had previously sent payments on his own, he missed the next payment and acquired a debt of over 10,000 rubles. due to severe spinal injury and hospital stay. Issuing a travel restriction also contradicts the legitimate interests of the defendant also because within a month Dmitry S.

must go for rehabilitation to a foreign clinic located in Germany. Based on the above, the resolution was cancelled.

Example 2

Krotov V. has a child support debt equal to 12,000 rubles. The bailiff imposed a restriction on the debtor's movement outside the Russian Federation. Having received the decree, Krotov came to the office of the Federal Bailiff Service with receipts for payment of the debt, on the basis of which this decree will be canceled within 24 hours, but will actually be implemented within 1 to 2 weeks.

Read also: Buy a room with maternity capital

How to check the ban on traveling abroad?

Persons who have debts for various types of obligations (and not only alimony - we can also talk about debts on loans, loans, payments for utilities (housing and communal services), fines, etc.) can check restrictions on traveling abroad in the following ways :

• by contacting the territorial departments of the Bailiff Service Office (FSSP) at the place of registration;
• check whether there is a ban on traveling abroad online on the official website of the FSSP of Russia in the section Data Bank of Enforcement Proceedings:
• by calling the UFSSP hotline for regions of Russia:

If the results of the check indicate a ban on traveling abroad, Russians need to take care of its elimination in advance or reach an agreement with the alimony collector on installment repayment of the debt.

Currently, the amount of debt at which the Bailiff Service bans Russians from traveling abroad is the same for all types of obligations and amounts to 10,000 rubles.

• Answer a few simple questions and get a selection of site materials for your case ↙

However, on June 4, 2017, it became known that the relevant committee of the State Duma had developed amendments to the law “On Enforcement Proceedings”, providing for an increase in the minimum amount of debts, at which bailiffs impose a ban on leaving Russia, from October 1, 3 times - from 10 to 30 thousand. rubles _ However, this relief will not apply to alimony debtors and Russians paying compensation for a crime.

Reference

The effectiveness of the measure to ban the debtor from traveling abroad is confirmed by the following facts.

In May 2017, the press service of the FSSP administration for the Bryansk region reported that a local resident, who was planning to spend a vacation in Turkey, having learned about the restriction imposed on him on leaving the country, paid his son an alimony debt in the amount of 454 thousand rubles.

A resident of the Unechi district of the Bryansk region also distinguished himself - he also paid a 20,000-dollar debt to his daughter, but paid the amount in four bags of change (to count them, the bailiffs had to contact counting authorities with special equipment).

It is necessary to note that it is not allowed to repay debts directly at migration and border control points, as well as to independently present a resolution to lift travel restrictions by debtors. Officials conducting checkpoints do not have the right to accept funds, payment receipts or orders from private individuals!

How can a recipient of alimony initiate a restriction against the debtor?

According to the sad statistics of alimony proceedings, now every third alimony payer becomes a debtor. Moreover, some persons become debtors without even starting to fulfill their obligations, while others, for various reasons, miss the established deadlines for paying alimony.

When alimony is collected on the basis of a court decision or court order, and the debt on it exceeds ten thousand, the following have the right to initiate a ban on the debtor’s movement:

• official of the bailiff service;
• the collector himself.

However, the claimant does not have to wait for such actions from the bailiff - he has the right to immediately take advantage of the opportunity available by law in relation to the debtor as follows:

1. On the reception day, contact the territorial department of the Federal Bailiff Service to the official conducting enforcement proceedings in the case.

2. Report the presence of debt under the writ of execution in excess of 10,000 rubles. and submit a written request for a temporary restriction on the defaulter’s ability to leave the Russian Federation. A sample of a recipient's request for travel restrictions can be found here.

   Head of the Sovetsky District Department of Bailiffs E.V. Ignatov , Bryansk, st. Lugovaya, 14,

   Claimant Vasechkina A.N. Bryansk, st. Krasnoarmeyskaya, 12B, apt. 93,

   contact/tel.: 8-xxx-xxx-xx-xx

   Petition to impose restrictions on the debtor’s travel outside the Russian Federation

   In the proceedings of the bailiff, Alekseeva N.N. Enforcement proceedings are ongoing against N.M. Vasechkin. on the withholding of alimony in favor of a minor daughter, Vasechkina K.N., born in 2008, initiated on the basis of a decision of the Magistrate Court of the Sovetsky District of Bryansk dated April 20, 2012.

Source: http://alimenty-expert.ru/neuplata/otvetstvennost/zapret-na-vyezd/

Will they be released abroad if they have debts?

Probably, almost every adult in our country has heard that when traveling abroad, debtors on loans, taxes, alimony or fines may have problems, including being denied permission to go abroad.

Let's try to figure out in what cases and at what amount of debt they may actually not be allowed to go abroad. All data presented in this article is based on the current legislation of the Russian Federation.

A citizen of the Russian Federation may be temporarily restricted from traveling outside the country only if certain conditions are met.

Under what conditions are they not allowed to go abroad?

It should be noted right away that we are considering a situation where a person has debts. There are other grounds for temporary restrictions on movement, for example, access to top secret information. Such reasons are not discussed in this article.

In order for border guards to have the right to refuse you to cross the border, all of the following conditions must be met simultaneously:

1. There is a court decision.

There must be a court decision that a certain debt is collected from a citizen or individual entrepreneur, and a writ of execution must also be issued for forced collection (through the bailiff service).

Legal basis - Part 5 of Art. 15 of the Federal Law of August 15, 1996 N 114-FZ “On the procedure for leaving the Russian Federation and entering the Russian Federation.”

In this case, the nature of the funds does not matter: it could equally well be an unpaid loan, traffic police fines, alimony, utility debts, and so on. For any such debt, a court decision may be made to collect it.

Therefore, if you are behind on your loan payments, haven’t paid utility bills for three months, or haven’t paid alimony for a long time, but no one went to court or collected anything from you, then you can sleep soundly and pack your suitcase for vacation. And you definitely don’t have to read the following paragraphs.

2. You are avoiding paying the amount of debt specified in the court decision and the writ of execution issued by the court.

Simply put, there is a court decision, but you do not pay for it without good reason. You will be considered to have evaded payment from the moment when the period for voluntary payment of the debt has expired. The standard period for voluntary payment is 5 days from the date the debtor receives the order to initiate enforcement proceedings.

Legal basis - Part 5 of Art. 15 of the Federal Law of August 15, 1996 N 114-FZ “On the procedure for leaving the Russian Federation and entering the Russian Federation” and Part 12 of Art. 30 of the Federal Law of October 2, 2007 N 229-FZ “On Enforcement Proceedings”

Until the debt is paid, the bailiff has the right to restrict your departure from Russia. More on this in the next paragraph.

3. The bailiff issued a decision on a temporary restriction on the debtor’s departure from the Russian Federation.

The bailiff can do this on his own initiative or at the request of the collector, that is, the person to whom you owe.

To issue such a document, the personal presence of the debtor is not required, but the bailiff is obliged to send him a copy of the resolution no later than the day following the day of its issuance (signing). Thus, the debtor should theoretically be notified of the fact of the appearance of such a document, which will prevent him from traveling abroad.

But in practice, it may turn out that you have not received any regulations and will only find out about its presence at the airport.

Legal basis - Part 1 and 10 of Art. 67 of the Federal Law of October 2, 2007 N 229-FZ “On Enforcement Proceedings”.

The three listed conditions in combination are an absolute basis for a citizen to be denied leaving Russia. There are no mitigating circumstances or good reasons that would allow border guards to turn a blind eye to this.

Even if you pay your debt directly at the airport via an Internet bank or other services, the bailiffs will not be able to lift the ban so quickly.

The procedure for lifting the ban on leaving the country may take up to two weeks from the moment the debt is paid. There is only one way out - check information about your debts and pay them in advance, or relax at Russian resorts.

We will talk about how to check whether you will be allowed to go abroad and what services you can use for this at the end of the article. But before that, it is necessary to discuss an equally important issue, namely, what amount of debt limits travel abroad.

Source: https://byvali.ru/blog/vypustyat-li-za-granicu-esli-est-dolgi

Check debts before traveling abroad

The amount of debt for the ban on traveling abroad has been increased threefold. From October 1, it will be 30 thousand rubles. But this does not mean that if the debt is less, then any person will definitely be able to travel abroad.

In fact, the new limit does not apply to everyone and the bailiffs will easily lower it. We'll explain how it works and what you need to do to avoid being left without a vacation or business trip because of debts.

According to the law, if someone has an official debt, the bailiff can prohibit traveling abroad. Data on debtors is transferred to the border service. This restriction is temporary: until the debtor pays off. It applies to both ordinary citizens and individual entrepreneurs.

Having debt does not mean an automatic ban on traveling abroad. These things are not directly related: the ban is imposed by bailiffs when they begin to collect debts through them. If there is a debt, but it has not been transferred to the bailiffs, then there may not be a ban. If there is no debt, but the bailiffs think there is, a ban may appear.

The travel restriction is imposed on the initiative of the bailiff or at the request of the applicant: ex-wife, bank or tax office. Sometimes the debtor learns about the travel ban only when he passes border control.

Now they can ban travel even with a debt of 10 thousand rubles. From October 1, travel will be prohibited only if 30 thousand or more people pass through writs of execution. But there are exceptions.

If there are debts for alimony, for damage to health or property, the previous limit applies - 10 thousand rubles. If the debtor must compensate for moral damage, the same thing applies.

That is, with debts to the traffic police, tax and energy sales in the amount of more than 10 thousand rubles, they will be released abroad. But with the same debt to your ex-wife or the neighbor whose apartment you flooded, no.

The exit may still be closed. Even for loan debts or speeding fines, the new limit does not always apply. The bailiffs will set a deadline for voluntary payment and wait another two months.

Then they have the right to reduce the limit to 10 thousand rubles for any debts and still prohibit travel abroad.

They might release it. Having debts does not mean an automatic ban on leaving. To do this, you need a court or bailiff's decision.

The debtor is informed of the court decision, the initiation of enforcement proceedings and the travel ban by mail. But these notifications may not be received for various reasons. Then the travel ban will come as a surprise, and no one will return the money for tickets and vouchers.

There is no data on the travel ban in the database of enforcement proceedings. If you are planning a trip abroad and have doubts about debts, you need to act like this:

To be on the safe side, always check debts and restrictions before traveling abroad. If there is an error, demand that it be corrected. You will have to seek compensation in court.

Read also: Going to school without residence permit or registration: how to arrange it and how to get there

The right to freedom of movement and travel abroad is guaranteed by the Constitution. But it is not absolute. If in someone’s interests it needs to be limited, he will be limited. There are sufficient reasons for this in various laws.

Source: https://journal.tinkoff.ru/news/vyezd-za-rubezh-30000/

Payment of alimony in the event of the alimony payer leaving abroad

Encyclopedia of the Free Legal Consultation Service » Family Law » Alimony » Payment of alimony if the alimony payer goes abroad

What to do with alimony if the ex-spouse leaves for permanent residence outside the Russian Federation.

Content

Human destinies and relationships between people develop differently. Unfortunately, people who swore love, started a family, had children, break up. The family breaks up. Children who require attention and care remain. Despite the fact that the child’s parents have separated, the responsibilities for maintaining the child until the age of 18 remain.

The law provides for the collection of alimony from one of the parents who lives separately from the child if he does not voluntarily provide financial assistance. But what about alimony if the ex-spouse leaves for permanent residence outside the Russian Federation?

Departure of the alimony payer abroad

Article 118 of the Family Code of the Russian Federation provides for the procedure for paying alimony if the ex-husband, obligated to pay alimony, goes abroad for permanent residence.

First of all, a person leaving the country can enter into an agreement on the payment of alimony with his spouse.

In a notarized concluded agreement, any form of alimony payment provided for by the UK can be used, including payment of the total amount of alimony immediately both before leaving abroad and by a money transfer of the alimony payer from the country in which the alimony payer will reside.

A peaceful agreement on voluntary payment of alimony is concluded in any case. Regardless of whether Russia has an international agreement on legal assistance in civil, criminal, family matters with the state to which the alimony payer travels or not.

If the parties cannot agree due to disagreements, the interested party may file a claim in court:

• on the collection of alimony from the defendant in a fixed fixed amount;
• on a single one-time payment of alimony based on the child reaching eighteen years of age;
• on the provision of movable or immovable property in payment of alimony;
• or payment of alimony in another way (for example, opening an account in a commercial bank, transferring interest from profits to the alimony account). When making a decision, the court takes into account, first of all, the family and financial situation of both parties at the time of the court hearing, and other important, documented circumstances.

It is important to note that the absence of a court decision on the payment of alimony or an agreement will not become an obstacle to the other party leaving the Russian Federation.

By issuing foreign passports, spouses who evade alimony payments (who have arrears in alimony payments) will be identified by the authorities of the Russian Ministry of Internal Affairs. Travel for such citizens is limited until the debt is repaid in the required amount or until the parties agree.

The procedure for paying alimony when the spouse obligated to pay goes to work or performs military service abroad is applied similarly.

Conclusion of an agreement on the payment of alimony

A settlement agreement on the payment of alimony is an agreement between parents on the payment of child support in a certain amount, order and manner that does not cause disagreement between the parties.

The agreement is also concluded between the child’s parents who are not divorced. Such an agreement must be concluded in writing. Certified by a notary.

Its conclusion is convenient when one of the parents is planning to leave for a long time or permanently to a foreign country. Allows you to save time and nerves going through authorities.

When concluding a peace agreement, it is important that the basic rules are followed:

• the rights of a minor child for whose maintenance alimony is paid must not be violated;
• only a written form of agreement certified by a notary is considered legal and is equal in importance to a writ of execution issued on the basis of a court decision;
• the parties must agree on each clause of the concluded agreement;
• By concluding an agreement, you can expand the range of fulfillment of parental obligations or the amount of child support required by law.

You can download a sample of filling out a peace agreement on the payment of alimony on the Internet.

Mandatory points of the concluded agreement must be:

• passport details of both parties;
• subject of the agreement;
• in what form payments will be made, the procedure for making payments and the timing;
• the rights and obligations of the parties are stipulated without fail;
• it is stipulated in what cases and in what order the indexation of funds is carried out;
• start and end dates of the agreement;
• date of conclusion of the contract and mandatory signature of both parties.

The procedure for executing decisions of foreign states

• International treaties and domestic legislation of each state separately determine the procedure for executing decisions of foreign states.
• In the absence of an agreement between states on the execution of court decisions, it is most likely that alimony in favor of a recipient living in another country from a spouse who has left will not be collected.
• In addition, for the execution of decisions made by the courts of the Russian Federation on the territory of a foreign state, in the presence of an agreement between countries, it is also necessary for the alimony collector to fulfill the requirements that are provided for in this agreement and are necessary for organizing the process itself, so that the execution of the decision abroad is possible.
• According to the terms of international agreements, alimony seekers are given the opportunity to both present documents issued in Russia for execution by the competent authorities of the state to which the ex-husband left, and to apply for recognition of an existing decision to withhold alimony in a foreign country.
• In order for a court decision in a family case to be executed on the territory of a country in which an international treaty provides for the procedure for recognizing court decisions, the alimony claimant needs to file a petition to have it recognized and allowed to be executed on the territory of a foreign state.
• The application must indicate:

• information about the alimony claimant, as well as, if an application is submitted by a representative, information about him indicating his permanent residence address;
• personal data of the spouse who left, indicating the address of his temporary or permanent residence;
• Bank details for the possibility of transferring money.

The petition is prepared in the competent court of the country to which the spouse left and is submitted through the court that made the decision to collect alimony.

The petition is accompanied by a court decision and a certificate stating that this decision has entered into legal force and has not been legally appealed. The documents are certified by the official seal of the Russian court and, with a covering letter, are sent to the Ministry of Justice of Russia to verify the correctness of the documents and transfer them to the competent authorities of a foreign state for consideration.

If a foreign state recognizes a decision of a Russian court, the court will issue a writ of execution and send it for execution to the competent authorities of a foreign state that is a party to the international Convention, which have the authority to enforce court decisions.

„

Source: https://advokat-malov.ru/alimenty/uplata-alimentov-v-sluchae-vyezda-za-granicu.html

For what debts will they not be released abroad? And how to check them

If you want to relax outside our country, then you need to be sure that this is not prohibited to you. And a bailiff can easily prohibit such a vacation.

• According to 229-FZ “On Enforcement Proceedings”, 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.
• So, when can you face a ban on traveling abroad?
• A bailiff may impose a travel ban if:

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. non-property claims;
3. other requirements, if the amount of debt under the writ of execution is 30,000 rubles or more.

Thus, if we are talking about taxes, then for an amount of debt over 30,000 rubles you can say goodbye to your vacation. But if you do not pay taxes or other debts for more than two months, then this amount of debt, at which travel restrictions may be imposed, is reduced to 10,000 rubles .

In accordance with paragraph 5 of Article 15 114-FZ “On the procedure for leaving the Russian Federation and entering the Russian Federation,” the right of a citizen of the Russian Federation to leave the country may be temporarily limited if he evades fulfilling the obligations imposed on him by the court - until obligations are fulfilled or until the parties reach agreement.

Bans on traveling abroad are transmitted in the form of an electronic document by the bailiff to the database of government agencies. And only at the airport, having purchased tickets or vouchers, having received, if necessary, visas when passing border and customs control, will customs officers inform you about the debt and the ban on leaving.

At the stage of obtaining visas, this information is not available. The embassies of a particular country in the list of documents do not require any certificates from bailiffs. And if you have collected the necessary package of documents, you will receive a visa without any problems.

But it is impossible to find out about existing travel restrictions through the Border Service website or through the FCS (Federal Customs Service) website. This is classified information.

Unfortunately, the database with travel bans is not publicly available. There are only databases where you can check your debt.

So, we have decided that it is impossible to find out about the travel ban on the Internet. And that a travel ban can only exist if there is a debt handed over to bailiffs for collection. But it’s very easy to find out about your debts.

All information about debt and fees is displayed in the taxpayer’s personal account https://lkfl2.nalog.ru/lkfl/login. It's very easy to use:

1. Using your login and password (you can get it from ANY IRS)
2. Using ES (electronic signature)
3. Login through government services (ESIA)

Also a very important service for checking debts (not only for taxes) is the FSSP resource - “Bank Data of Enforcement Proceedings” at: https://fssprus.ru/iss/Ip

1. You just need to specify:
2. Information about the presence of enforcement proceedings will be generated automatically and displayed on the monitor.

In accordance with paragraph 5 of Article 15 of the Federal Law of August 15.

1996 N 114-FZ “On the procedure for leaving the Russian Federation and entering the Russian Federation” The right of a citizen of the Russian Federation to leave the Russian Federation may be temporarily limited if he evades the fulfillment of obligations imposed on him by the court - until the obligations are fulfilled or until the parties reach agreement.

The presence of debts on taxes and fees, as well as other debts, significantly complicates life:

Firstly, if you have not repaid the debt yourself and have handed over its collection to bailiffs, then get ready to fork out the cash. Be prepared that in addition to the principal debt, you will have to pay an enforcement fee in the amount of 7% of the debt, but not less than 1000 rubles.

Secondly, the one to whom you owe can transfer the debt for collection by collectors. But there are other methods and the amounts ultimately come out different.

Thirdly, bank security services also monitor this information when issuing loans. Therefore, you may have problems getting a loan.

Fourthly, if you want to get a job at a prestigious company, then be prepared that the HR department and the internal security service can also obtain data about your debts from open sources and refuse to hire you.

“Why should we look for this information ourselves? Shouldn’t we be notified?” you ask. Must. 229-FZ “On Enforcement Proceedings” specifies the obligation of bailiffs to send to the debtor copies of decisions on a temporary restriction on the debtor’s departure from the Russian Federation and on the lifting of this restriction no later than the day following the day of their issuance.

But in practice this happens extremely rarely. Maybe, of course, the mail is not working well. But in fact, most people find out about the travel ban only when they try to cross the Russian border.

By the way, even if you pay everything all the time and are sure that you don’t owe anyone anything, it won’t hurt to check once again. It often happens that bailiffs confuse you with a namesake.

For now, we do not have a mandatory requirement to indicate an INN or SNILS with a claim. And now a wave of fraud with court orders is sweeping across the country.

This is when, without your presence in court, using forged documents, fraudsters can obtain a court order to collect an unrealistic debt from you.

Check information about your debts and REST CALMLY.

Source: https://www.klerk.ru/buh/articles/488132/