The inflection or to the times: experts on new ideas for the fight against debtors

© RIA Novosti / Natalia to Seliverstova in photobacteria bailiff service of Russia. Archival photoThe inflection or to the times: experts on new ideas for the fight against debtors© RIA Novosti / Natalia to Seliverstova the image Bank

Experts on-to a miscellaneous reacted to the new proposals of the head of the Federal bailiff service (FSSP) of Russia Dmitry Aristov against child support debtors. Some specialists saw human rights abuses, and some good opportunity to reduce the number of malicious defaulters.

We are talking about ideas to require employers in the hiring of child support debtors report them to the bailiffs, as well as limit their opportunities to obtain a driver’s license. Both proposals bailiffs divided respondents by Agency experts into two camps. RIA Novosti talked with lawyers, scientists, public figures and MPs about the initiatives of the Federal bailiff service.

Not to go too far

Some experts agree that the ban on getting a driver’s license for debtors is unnecessary and of questionable measure.

«Honestly, such a restriction is uncertain, because there is no relationship. In principle, this particular pravoohranitelnye ban, he can’t just emerge out of non-fulfilment of obligations relating to payment of child support should rather be some special sanctions. It is clear that the goal is to motivate and ensure the performance of obligations by debtors, but not any methods are acceptable, we need to treat this, it is important «not to overreact,» said RIA Novosti head of the Department of criminal procedure, justice and prosecutorial supervision of the law faculty of Moscow state University Leonid Golovko.

Not thrilled with this idea and auto. Interviewed by the Agency experts believe it is discriminatory, as such measures, in their opinion, will form a whole layer of social outcasts.

«I believe that to struggle with malicious defaulters of the alimony there are many tools that do not infringe the rights of specific social communities, social groups. I think this statement on the level of populism, which does not solve the whole problem. They are now banned in some registration actions — they do it through relatives. All of this can be circumvented,» said RIA Novosti the head of Federation of automobile owners of Russia (HEADLIGHTS) Sergey Kanaev.

He believes that such measures, if accepted, would be «very low effectiveness». He was supported by a coordinator society «Blue buckets» Peter Shkumatov.

«This is a situation where good intentions paved the road in a certain direction. Now is the disqualification will have one category of citizens — but what prevents, for example, tomorrow to expand that category, and the next day — even to expand? In the end we get a class of social outcasts who are deprived of the public services, freedom of disposition of property, which is a basic right, and then the imagination will finish it for us,» — said Shkumatov.

There is a compromise

Chairman of the public Council of court bailiffs of Moscow Anton Tsvetkov considers the initiative to prohibit the issuance of driver’s licenses for child support debtors very good and timely. However, he was sure that some categories of rights as the debtors need to repay the debt, so they need to leave the ability to legally circumvent this prohibition.

«I strongly support any restrictions that are planned to impose on the debtor for alimony, because they really need to spur timely payments. However, some of them may try to obtain driving license in order to pay their debts, so it is necessary to consider the prohibition so that such people could get this opportunity,» said Flowers.

According to him, the sensible option would be to allow obtaining a driving license in the presence of arrears of child support, if the «victim» is ready to give permission to do so. Then debtors who can prove the need to have a driver’s license to continue debt repayment, get a legal way to circumvent the ban imposed by the bailiffs.

The first Deputy Chairman of the Duma Committee on state construction and legislation Vyacheslav Lysakov believes that it is possible to further expand the range of limited debtor for services.

In particular, it is suggested to extend to debtors alimony restrictions on the provision of services not related to the interests of third parties and medical assistance to the defaulter. Lysakov believes that the debtors alimony could be limited in obtaining certificates in multifunctional centers (MFC).

To preserve the legal nature of

Another initiative of the head of the FSSP is to oblige employers to inform the police officers about the employees, the debtors also caused ambiguous reaction among the experts. The head of the Duma Committee on labour and social policy Yaroslav Nilov even suggested that it violates the law of nature.

«In this case we are talking about the relationship between the citizen and bailiff within the enforcement proceedings. What is the role of the employer? I think it violated some legal philosophy and legal nature. The existence of the debt should not in any way affect the relationship between the employee and the employer. And if a person has a decent debt? Taking this into account, the employer may deny employment,» — said RIA Novosti Nilov.

The MP believes that this topic should remain in the plane of the relationship of the citizen and bailiffs, and existing features of the FSSP, it is sufficient for the collection of debts.

Secretary of the Federation of independent trade unions, the head of Department socially-labour relations and social partnership Federation Oleg Sokolov allows the use in Russia of such a mechanism of search of defaulters. However, he notes that this should not prejudice the employees in their employment rights.

«It is a common approach: we move to the fact that labor relations should be legalized. The Ministry sets a task that was designed with the digitalization of the database of employment contracts. And when a single database is created, the bailiffs will be available,» said Sokolov.

According to lawyer Alexey Sinitsyn, the employer proposed the FSSP order of employment will not create significant additional workload, but the proposal of the police officers could help in the fight against malicious defaulters of the alimony.

«In General, changes of the kind associated with the notification of police officers about upcoming payments to the debtor, for example, insurance compensation, salary and other income can play a positive role in the fight against malicious defaulters» — said RIA Novosti Sinitsyn.