The pages of history

 

The pages of history

 

2010 marked  as the 145th anniversary of the Institute of bailiffs in Russia. This institution of state authority was created by the judicial reform in 1864, and was initiated by Alexander II. The most Important date was the 19th of October, 1865 (or the 1st of November according the new style) when the laws signed by the emperor had entered into force.

 

The work of the bailiff - is both innovative business and profession with a rich history. Now, like many years ago, the enforcement proceeding is final stage of the trial.

 

The development of bailiffs of the Russian Federation in the present conditions is one of the major challenges that directly affect the course of legal reform, improved legislation, the Russian economy. The bailiff service has responsibility for the execution of judicial acts and acts of other authorities in the Russian Federation.


Bailiffs in Russia (Ancient Rus)


The post of bailiff  has been founded in Russia since the old times. And the word "Bailiff " was used in Ancient Rus in different senses. In Novgorod the bailiffs were the persons who were reconciling litigants. In Moscow the bailiffs were the executive ranks, they were responsible for special assignments such as accompaniment of foreign ambassadors, and were selected from the most distinguished families. However, First of all, bailiffs were officials of the Judiciary, whose job was judicial citation of the defendant and witnesses and the production of fines by court.


Between the end of the 15-17th centuries bailiff was called “nedelschik“(meaning “to be in weeks”) because his duties were divided in weeks. They worked with the clerk, who provided their names in a special inaugural book. Their Duties were to alert the parties and subpoena, as well as  catching criminals, but only within the city. To call the court from the county each one of them had seven so-called riders, which were also recorded in the clerks books. The riders were acting on his behalf  and under his responsibility. All of them supposed to get reward that was surcharged from the involved persons. On assuming office they represented surety ship documentation, were called "conspiracy», and the guarantors ("conspirators"), which were also recorded in the clerk’s books.


In the 18th century the function of   bailiff   was abolished, and executive functions were administered by the police. But the designation of the police forensic support functions not justified.


For example, there were cases of delays in summoning the plaintiffs, witnesses and defendants (in accordance with the existing order) trials were delayed for several decades. The Police was not materially interested in ensuring attendance of all invitees in court. Execution of verdicts also was delayed for years.


Judicial Reform  1864


The Judicial reform in 1864, which had great importance for the development of justice in Russia, radically changed the mechanism for enforcement of judgments, the core of which were the bailiffs. During this reform the Laws (judicial statutes) were developed and adopted. These Laws were based on the organization of vessels of the French Republic.

 

They included: "The institution of judicial establishment ", the "Charter of the penalties imposed by a magistrate", "Charter of criminal proceedings" and "Charter of civil proceedings".

 

The jurisdictional statutes were regulated matters relating to the legal status of bailiffs.
According to this laws of the bailiffs were attached to magistrates, district courts, judicial chambers and cassation departments of the Senate.


The number of bailiffs was individually determined for each court, approved by the Minister of Justice of the Russian Empire.

 

The Bailiff of the District Court held the rank of VIII class according to the "Table of Ranks" and titled "Your Honor". The Bailiffs of judicial chambers and cassation departments of the Senate had the rank of  X class and titled  "Your Honor" (Sir). The Candidates for the post of bailiff of the district courts and court wards were elected by   chairmen of these courts, while in Cassation Department of the Senate – by the procurer? - prosecutor, but the confirmation in office was occurred after passing their probationary period during the year since the beginning of execution responsibilities. The content of bailiffs was significantly less in comparison with other officials of the judiciary. Thus, the annual salary of a bailiff of the Circuit Court of Appeals Department of the Senate and the trial chamber was 600 rubles. For comparison - such low pay, in the amount of 600 rubles, had only the Assistant Secretary of the District Court. 


Except salaries, set by the State, all the bailiffs, without exception, received additional remuneration, which was enforced from the debtor and distributed among them, commensurate with their work and local circumstances and at the discretion of the Trial Chambers or by the Board bailiffs.


The Reward assumed, for example; for the inventory and sale of property as well as for other executive actions.


The Bailiffs were taking the oath at entry into service on the approved form and were lead by cleric, according to their religion, on the collective meeting of congregation or unit of judicial authority to which they were attached. They were given a certificate confirming the entry into post of Bailiff which indicates the areas designated where to live.


In case of change of residence the corresponding mark was made in the certificate. Additionally, they were given the special distinction mark and special stamp.


The Prerequisite of the entry on service was the introduction of the cash collateral, as indicated in 302 Article  "USU", necessary in order to recover damages for wrong-doing bailiff. So, according the article 331, If a bailiff act in discrepancy duties, unlawfully and as a consequence of these actions caused damage to persons engaged, regardless of responsibility in a disciplinary or criminal proceedings, compensation had to be made  by a judicial decision from the presented  pledge.


If the collateral insufficient to redress, missing parts were recovered from the "all other property of the culpable person". The amount of bail for each judicial district was installed by the Minister of Justice of the legislative procedure. By the Decree of 1866  judicial districts  of  St. Petersburg and Moscow the amount of bail was 600 rubles. Later this rule was extended to other districts. This amount is equal to the annual maintenance staffing bailiff. It was believed that the sum was not too considerable for those who did not have a significant status, to impede the entrance to the post of bailiff. In some Russian provinces there were the sums less than the amount of the bond.
Thus, in the Stavropol province and the Caucasus, the amount was 200 rubles. In addition, in some places the bail was not needed: Arkhangelsk, Vologda province, Siberia, Central Asia. It was due to missing the persons, who fit the bill. In such  situation the obligatoriness to pay mortgage aggravated the shortage of staff.

 

Bailiffs of Soviet Russia

 

By Decree of the CPC from 24 of November 1917 «About Courts» all judicial institutions, including District Courts were abolished,  and the actions of magistrates' courts - were suspended. The decree provided for the establishment of two types of vessels - the  public courts and revolutionary tribunals. There were established county Congresses (councils) of local judges, who were the cassation authority  in local public Courts. The orderliness in local courts and other legal authorities ensured, primarily , by Red Guards , and then by the local police, they also exercised judicial verdicts.


The Decisions in civil cases, and various monetary penalties were assigned to the bailiffs, it was stated in the Regulations of Public Court of the RSFSR, adopted by Decree of the Central Executive Committee 30 November 1918.


In the 20s, during the new economic policy, the service of judicial execution had worked quite actively, and it was connected with the rise of civil activity.


The law enforcement officers, in contrast to the bailiffs became the public servants, and according their legal status, they were in the staff of district public courts and were the representatives of the judiciary.


The law enforcement officer could  be a citizen who had the suffrage, and who had served  in the Soviet justice during one year, or had passed an examination at the provincial court. They were appointed or dismissed by order of the provincial or district court. Over the next 80 years the functions of ensuring the order in the courtroom and forced  court appearance were assigned to the Soviet police. And only in four former Soviet Republics (Armenia, Azerbaijan, Georgia and Lithuania), The Criminal Procedure Law stipulates such post as a judicial Commandant (manager), the main task of which was maintaining order in the courtroom.


The law enforcement officer took the decisions and court orders in civil cases, the notary instructions, the definition of the courts, arbitration decisions and land commissions and courts of arbitration, and other acts. They did not have such rights and freedom of action which belonged to their predecessors before the revolution. Today they are often called unobtrusive “household” workers.


Afterwards the order of execution regulated in the Civil Code of the RSFSR in 1964 by a number of regulations, such as instruction of the Ministry of Justice of the USSR of Enforcement from November 15, 1985.  At that time the system of the enforcement proceedings in USSR and Russia, which worked until the mid 90-ies, finally was  established.


The Renaissance of The Institute of bailiffs

 

Change of political regime in the 90's, business development, ownership - use and disposal, turned the "Soviet-style" system of enforcement proceedings inefficient.


The logical outcome of this situation was the establishment of the special services in Russia, acting on a fundamentally different organizational and legal basis - the Marshals Service of the Ministry of Justice of the Russian Federation. It found practical expression in two Federal laws; "About Court Bailiffs" and "About Enforcement Proceedings", which entered into force on 6 of November 1997.

 

As a result of administrative reform in 2004 there have been reorganized the departments of the Ministry of Justice of the Russian Federation and were formed a departmental federal executive authority - the Federal Bailiffs Service of the Russian Federation, which had been approved by Presidential Decree № 316 of 13 October 2004.


Currently, Federal Bailiffs Service is a unified system of RF Ministry of Justice, the organized and structured agency, designed to ensure the enforcement proceedings, with approved staff and offices, covering all subjects of the RF.


Thus, today The Bailiff – is the part of a unified system of enforcement proceedings (unlike in the past centuries, where the bailiff acted only as an individual officer).


As in pre-revolutionary times, now the institution of court bailiffs is an integral part of the Russian state, without which it is impossible to imagine the success of the entire judicial system. It is clear that without an effective mechanism for enforcement of judgments and sentences, the most fair and impartial verdict is meaningless.


At the beginning of XX century, analyzing the history of the Institute of Judicial Bailiffs in Russia, the scientists have come to the conclusion , that "the institution of court bailiffs is still in growth and education period. The years of practice have proved its undoubted vitality and importance, but this same practice found that the certain parts of the  Institute needs substantial amendment. These words, uttered more than a hundred years ago, are still valid today, as now, the Institute of bailiffs is on the next stage of its development. It is gratifying, that this development is related to the further strengthening and improving the status of the Bailiff.

 


Sources:
Tuychiev VM "The legal status of the bailiff in pre-revolutionary Russia;

Bailiffs.  Legislation of the Russian Federation. Collection of normative acts and documents edited by   vice Minister of Justice - Chief Bailiff RF  Melnikov AT Publisher Priori. M: 2000

 

 

Время создания документа: 28 сентября 2011 15:41

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