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Business / Finance

The debtor as the palm

Banki.ru: themes of the day 12.08.2019 at 05:27

Banking and financial news on the website Banki.ru

The bailiffs put themselves at the service of new technologies. System of recognition of automobile numbers are already helping to return billions of rubles. Next is face recognition.

In 2018 the Federal bailiff service, according to his own report, received for the enforcement of 60.3 million of Executive documents (26.5 million from the courts, to 19.6 million from the traffic police and 14.2 million from other bodies). Chasing debtors is troublesome and expensive. The court bailiffs do not have the time. According to the same report, each of them last year had 3.7 thousand Executive productions — ten for every day of the year including weekends.

So the service uses against debtors, especially individuals, "weapons of mass destruction."

the Barrier on the border

the Most powerful lever that effectively forced the debtors to pay fines, child support, debts for housing loans — the ban on travel abroad. Its strength is determined by the fact that it does not require police officers to no effort, except for the registration of the ban. It's time to start enforcement proceedings, and if the debt exceeds the amount of 10 thousand rubles, the bailiff has the right to prohibit the debtor away.

In 2018, the employees of the Federal bailiff service of Russia issued 5.7 million resolutions on temporary restriction to leave Russia. Subject to the regulations in force at the beginning of the year on the performance of the Border service of the FSB of Russia in the past year was 7.5 million orders.

This method is credited with truly magical powers. For example, in the first quarter of 2019 had the opportunity to travel the 4.4 million people (the difference with the figures of 2018 is due to the fact that the bans are not permanently pledged and are removed once the debt is repaid). For three months I had repaid the debts of totaling 19 billion rubles, and as of April 1, the ban was in force in respect of 3 million people. Of course, not all of these people paid the debt, planning to leave the limits of Russia, — all the grounds paid no one knows. But if we remember that, according to the border guards, Russian citizens made in 2018 44,6 million trips abroad (most of them were non-touristy), the figures do not seem greatly exaggerated.

this method to achieve return of debts, however, there are natural limitations. Although this tool is still being improved (this spring, the Federal bailiff service announced the closure of loopholes exit through Belarus, coordinating with the border guards of that country access to a database of bans), but as the survey showed "Levada center" in 2016, less than a third of Russians (28%) have a valid passport. And 60% according to this poll, has never been outside of Russia. These figures hardly changed. This means that for a significant number of debtors the ban on travel is generally not a problem.

Fishing in the stream — work avtomasla

For these, the FSSP is another effective tool, which in the mass consciousness is given much less space. The object of the pressure is another achievement of the new Russia — mass car ownership. Of course, the search of the car "feet" — it is a means of transportation — no easier investigation of other assets which can be paid to debt repayment.

But with the arrival of the bailiffs mobile hardware-software complexes for the recognition of numbers (a technology similar to that used in cameras that are now used when writing out penalties for excess of speed), the situation has changed dramatically. For the first time this technology to collect debt directly on the roads was used in the end of 2009 in Cherepovets. The reason is that in this city located company is a manufacturer of such complexes (now it's called "Mullen sistems"). Complex "Road police officer" (based on the system of recognition of numbers "Avtomarket") was worth about 100 thousand rubles for seven months of use has allowed the return of several hundred thousand rubles debt. In June 2010, each of the complex received the city administration of Vologda and transferred to the use of local bailiffs. In 2011, technology has mastered the bailiffs in Primorye, according to the company website, it is used in 35 regions of the country.

In 2013 St. Petersburg police officers began to use developing a competitor, "Mullen sistems" — the company "Rossi". The same complex "Potok-D" this company (and later "Potok-M" on the basis of the van "Gazelle") and "Traffic police officer" and form the basis of Arsenal FSSP.

the Usher in ambush threat

This technology armed police officers showed a very high efficiency. Communication with the Sheriff face to face and the threat of losing a car can work wonders. When last year left the post of chief of the St.-Petersburg bailiff, to merit it put it is the introduction of "Potok-D". In 2017 the audit chamber in its audit report on the payment of traffic fines in 2015-2016 specially recommended that the experience of Tatarstan. There with the help of five "Road marshals" was recovered about 4 million rubles, imposed 42 of arrest on property of the debtors, including five cars.

In St. Petersburg for the first six months of 2019 "Potok-D" helped the bailiffs to calculate 12 thousand debtors who repaid more than 90 million rubles of debt. Machines parted 426 drivers 65 vehicles seized for assessment and subsequent implementation in the repayment of the debt. Outside of the big cities police officers are not far behind. In Bryansk from October 2018 to January 2019 using the "Stream" was made 45 arrests of property of debtors for the sum more than 5.6 million rubles. And in Tyumen in just one day this year — July 10 stopped 180 cars of debtors, of whom 19 were arrested for debt, which allowed to close the 140 enforcement proceedings.

the Overall achievement of the "Road marshals" and "Flow" accounts of the Federal bailiff service, unfortunately, does not. However, we know that in 2018 spotted 7.9 million motor vehicles owned by the debtors, and as a result the actual limits of the special right (it implies the suspension of driving licences in respect of all modes of transport to the requirements of the Executive document in full) recovered 7.9 billion rubles. Of these, 3.7 billion rubles were alimony payments (the fact that the debt of the average defaulter of the alimony exceeds 100 thousand rubles, and such drivers are most at risk of losing the car). According to individual raids, the most significant contribution to this result brought an ambush on the road.

keep calm — you are powerless

On the roads bailiffs can only act together with employees of traffic police. Before the RAID in the laptop part of the complex, loaded a fresh database of debtors. In place of the video camera scans the room passing cars and recognizes them. If the serial number matches one of the numbers in the database, the operator receives the signal. The inspector of traffic police stops the car, but deals with the debtor-driver bailiff. It has wide powers: it can give a receipt for payment and once to accept it, to give judgment in enforcement proceedings, seized property, in this case, the car or other valuables provided by the debtor (most often in reports about the raids mentioned smart phones and DVRs).

What are the chances that the car will be seized? "The foreclosure of the vehicle, as a rule, before his arrest. The arrest includes the prohibition to dispose of property, and if necessary limitation of the right of use of the car or its withdrawal. The type, volume and term of restriction of the right of use of the car are determined by the judicial bailiff-executor based on the usage of vehicle and its significance for the owner," says attorney Paul Khlystov from the office of the "Paul Khlystov and partners." According to him, the arrest usually is the prohibition of transactions and the operation of the vehicle with its simultaneous transfer of custody to the debtor, but without the right of further exploitation. Information about the arrest is entered into the state database of the motor vehicles that prevents further alienation of the car unscrupulous debtor.

however, If the car is taken, must be complied with the necessary procedures. "The procedure of compulsory seizure of the vehicle is accompanied by the obligatory participation of witnesses and drawing up of the certificate, which is signed by the judicial bailiff-executor, witnesses, the person to whom the vehicle is transferred to the judicial bailiff-executor storage, and other persons present at the seizure. A copy of the seizure, the vehicle must be transferred or sent to the debtor immediately," lists Paul Khlustov.

the Lawyers say that during the meeting with the bailiff of the possibility of effective response from the person stopped during the RAID, no.

"The bailiff in this situation makes a so-called Executive actions, and they are legal because the vehicle is already in the database search. Otherwise, it is the bailiff and is not interested in," explains private practice lawyer Sergey Shipov.

Nothing can be done, even if the driver is sure that there must be some mistake. "In itself, the seizure of the property sought, first, legally, because the officer on hand is the so-called General instruction to look for anything that belongs to any of the debtors, continues Spikes. And second, challenged in the prescribed manner, that is, there can be prevented the actual owner of the vehicle on the spot, even if it is not notified of the prior arrest is the third person or new owner."

Identify all

new Era of technology is so far borne the debtors only problem. When the police officers will learn their next generation face detection in pedestrian flow loop will be tightened even tighter. The first swallow has been. In February, chief bailiff of Moscow Sergey Zamolotskikh TASS said that in the capital using camera surveillance (and there are more than 150 thousand), a search through the database of the 1.5 million photos of the debtors. According to this figure, the system is still in the testing phase, but the beginning.

Sergey KASHIN, Banki.ru