With debts abroad: is it possible?
It is already very soon the time for holidays and vacations, which most Russian citizens are accustomed to spend abroad of the Russian Federation. Affairs and problems in this regard appear more not only in travel agencies, airport services and various hotels and tourist bases, but also with border guards, migration services and bailiffs. After all, to rest in distant countries, they want also restricted debtors.
So what needs to be taken into account so that you can go freely outside the Russian Federation? The easiest answer is & # 8211; this is to pay off all debts before going abroad and with a quiet heart to enjoy the vacation. However, it may also happen that there will be funds to pay debts, but there will be no money left for vacation. What to do in this case?
Some of the Russians do not have to worry about this, because traveling abroad with debts is possible if the total amount of them does not reach those volumes that are generally defined as non-residents. Moreover, it is necessary to find out the terms of the ban on travel abroad and how it is possible to recover expenses for a paid, but unused ticket. Plus, how to get a compensation for a spoiled vacation.
Who does not go abroad?
Russian legislation has long and fully defined the list according to which some categories of persons are banned and they can not go abroad with a debt. These are debtors who are in arrears in payment of alimony, taxes, loans, fines, plus, foreigners abroad are provided to those citizens who have debts for payment for housing and communal services and other unconscious citizens. However, if there are good reasons for not repaying one type of debt in time, it is possible to remove the restriction on visiting foreign countries, introduced in accordance with Article 67 of the Law on Enforcement Proceedings.
In spite of the fact that the bailiffs usually execute the will of the court, they prohibit the exit, even if no judicial proceedings have been conducted against the debtor.
The basis for such a decision can be a decision of either the police, or traffic police, or tax inspection, or border services, customs and so on. However, you can only be considered as a potentially banned citizen, provided that you are, for example, an administrative offender. If you have answered for it, that is, you have paid a fine or worked a certain number of hours of corrective work, then it is necessary to bring the document confirming this to the authority that issued the resolution. Otherwise, the case will be transferred to the bailiff performing the execution of the decision taken on the basis of the decision.
Restrictions on the part of bailiffs-executors.
At the moment when all documents of the debtor have already been submitted for consideration to the bailiffs, the offender has the opportunity to correct the situation, that is, within 5 days, it is necessary to repay the debt voluntarily. On this chance, by the way, debtors are notified by a directive sent by mail. If you did not take advantage of this opportunity and left the debts unpaid, the bailiff has the right to take measures that will enforce the debt in a compulsory manner. These include the seizure of property and its further implementation. No less popular is the way to withhold certain funds from the wage of the offender and other equally effective ways. However, the restriction on the release from the country may not be used. As a rule, the law does not allow twice to punish for the same offense or crime.
What is the amount of the debt?
At the moment, the legislation of the Russian Federation does not set a minimum amount of debt, which allows bailiffs to make a decision to restrict their exit from the country. Therefore, formally even penny debts can be treated as non-banned. And then you can only hope for the case and the mood of the bailiff and the customs officer. But at the same time, since 2011, the Russian tax authorities have decided to consider it possible to apply to court executors only in those cases when the amount of debt exceeds 10,000 rubles. The term for which foreigners are not allowed to travel abroad with debts is also not strictly defined by law, but it should not be longer than 6 months.
What is the procedure by which a ban on leaving Russia is introduced?
After the decision to ban the exit is legally rendered, the bailiff must be sent to the appropriate debtor, plus to the migration service and to the border control department. Where is the infringer and is entered in an unpleasant and long list called “not restricted”. And when the debtor does not have a passport, the management of the Federal Migration Service issues a resolution prohibiting the issuance of a foreign passport to that person.
In the presence of a citizen of this document, in no case have the right to withdraw, at least, the bailiffs. According to the data obtained from the practice, the passport is not withdrawn or it happens very rarely. It also happens that the debtor does not receive a decision of the bailiff to appoint him a measure in the form of bailiffs abroad of the Russian Federation. This is explained by the fact that a citizen does not live at the address indicated in the registration or willfully refuses to receive this document. In any case, a notification with a ban should be given to the debtor, even at the airport, where he expects to go abroad.
Is it possible to check how much you owe and to whom?
To travel without problems outside your home country, it is recommended that you check your debts and, if they exist, try to pay off your debts at least 30 days before the date you expect to go abroad. It is easy and quick to get information about your existing tax debts by using the electronic service & # 8220; Find Out Your Debt & # 8221 ;. And the debts for the fines you have are located on the website of public services. Having entered the tax service website, debtors need to register in their personal account, where you can see your tax debts. But you will not be able to do this quickly, as the site contains sensitive information, so only after your official application to the local tax inspection office, if the check does not end with a ban, you can get your login and password.
These electronic services are updated daily, so that their visitors receive the most current data. And the most correct way to get information on your debts and find out whether you have a ban on the departure of debtors abroad is to contact the local bailiff office. Since January 2012, you can repay any debt yourself, using payment terminals or via the Internet.
Further actions of debtors.
You have firmly decided to go abroad, so you learned and paid all your debts. What to do next? The answer is simple: go directly to the bailiff-performer and present him with a payment document, a check that confirms the payment of your debts. After this, the bailiff issued a new resolution, which repeals the temporary restriction on the departure of a recent debtor.
This completes your actions, but the bailiff must still send the document to the Office of the Federal Bailiff Service, located at the place of residence of the debtor. Here, all data, according to which the temporary exit restriction is canceled, is sent to a single database registry. Then such a valuable document goes to the frontier service of the Federal Security Service of the Russian Federation and to the territorial FSSP. Copies of the decision canceling departure from the country are sent to the Federal Migration Service and, finally, to the debtor.
The above services only send information once a week. That indicates that for the final exclusion of the debtor from the black list of non-traveled non-payers will take at least 3 weeks. This fact and some others do not guarantee that, at least in a month, the temporary restriction on your travel abroad will be lifted. Therefore, specialists and those who have already visited such a situation are advised, just in case, once again before leaving, to find out information in the Office of the Federal Bailiff Service at their place of residence. If you find your name in the database that lists people who do not travel abroad, you will have to go to court. After all, even when you show your payment document and the decision that you have been lifted the ban on departure, the border control at the airport, they will not be able to release you. Since they are only entitled to be guided in accordance with the data available to them in the database. And release of the new data occurs within 3 weeks.
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With debts abroad: is it possible?