Right to recover debts protected

30 December 2015

The letter of gratitude received by the High Commissioner’s Office on 15 December 2015 said that only after interference of the High Commissioner for Human Rights in Russia, Mr S. managed to have the court order entitling him to recover debts from Credit Europe Bank Ltd. implemented.

Following the inspection conducted in the Federal Bailiff Service of Russia (the FBS of Russia), the enforcement order was handed to the Meschansky District Bailiff Unit, the Moscow Department of the FBS of Russia. During the enforcement proceeding, the debtor transferred funds into the bailiff’s unit account and then they were transferred to the claimant’s account.

Earlier, the High Commissioner for Human Rights in Russia petitioned the FBS of Russia to take appropriate measures in view of the failure of a bailiff to act during the enforcement procedure.

According to Mr S., he submitted the enforcement order and an application for institution of an enforcement procedure in relation to Credit Europe Bank Ltd. to the Moscow Department of the FBS of Russia. For more than half a year the applicant had not known what bailiff unit was assigned to consider his documents, whether the enforcement procedure was initiated, and whether measures to execute the court order were being taken. A second request of Mr S. to the Moscow Department of the FBS of Russia was not answered.

With assistance of the High Commissioner, violation of the Federal Law No. 229-FZ as of 2 October 2007 On the Enforcement Procedure, i.e. the failure of a bailiff to act, was eliminated. The funds were received by the claimant in full.

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