From October 1, it will be 30 thousand rubles. But this does not mean that if the debt is less, then any person will definitely be able to travel abroad.
In fact, the new limit does not apply to everyone and the bailiffs will easily lower it. We'll explain how it works and what you need to do to avoid being left without a vacation or business trip because of debts.
How are debts and traveling abroad related?
According to the law, if someone has an official debt, the bailiff can prohibit traveling abroad. Data on debtors is transferred to the border service. This restriction is temporary: until the debtor pays off. It applies to both ordinary citizens and individual entrepreneurs.
Having debt does not mean an automatic ban on traveling abroad. These things are not directly related: the ban is imposed by bailiffs when they begin to collect debts through them. If there is a debt, but it has not been transferred to the bailiffs, then there may not be a ban. If there is no debt, but the bailiffs think there is, a ban may appear.
The travel restriction is imposed on the initiative of the bailiff or at the request of the applicant: ex-wife, bank or tax office. Sometimes the debtor learns about the travel ban only when he passes border control.
Now they can ban travel even with a debt of 10 thousand rubles. From October 1, travel will be prohibited only if 30 thousand or more people pass through writs of execution. But there are exceptions.
What debts does the new limit not apply to?
If there are debts for alimony, for damage to health or property, the previous limit applies - 10 thousand rubles. If the debtor must compensate for moral damage - the same thing.
That is, with debts to the traffic police, tax and energy sales in the amount of more than 10 thousand rubles, they will be released abroad. But with the same debt to your ex-wife or the neighbor whose apartment you flooded, no.
If the debt is up to 30 thousand rubles, will the exit be closed?
The exit may still be closed. Even for loan debts or speeding fines, the new limit does not always apply. The bailiffs will set a deadline for voluntary payment and wait another two months.
Then they have the right to reduce the limit to 10 thousand rubles for any debts and still prohibit travel abroad.
Are the debts summed up or should there be one writ of execution for 30 thousand or more?
The Supreme Court explained that debts can be added up for a decision on a travel ban. It is not necessary to have one writ of execution for 30 thousand or more: a few fines and receipts for utility bills for small amounts are enough to ban them.
If the debts are more than 30 thousand, they will definitely not let you go abroad?
They might release it. Having debts does not mean an automatic ban on leaving. To do this, you need a court or bailiff's decision.
Sometimes, even with loan debts of hundreds of thousands, there is no ban on leaving. And for some, two months of alimony debt is a reason to refuse vacation.
How to find out about debts and travel bans?
The debtor is informed of the court decision, the initiation of enforcement proceedings and the travel ban by mail. But these notifications may not be received for various reasons. Then the travel ban will come as a surprise, and no one will return the money for tickets and vouchers.
There is no data on the travel ban in the database of enforcement proceedings. If you are planning a trip abroad and have doubts about debts, you need to act like this:
- check the data in the database of enforcement proceedings;
- make a request in advance about travel restrictions from the FSB border service;
- pay debts, if any;
- inform the bailiff about the payment and make sure that he removes the restrictions.
What to do if there is no money to pay the debt? And I have plans for an urgent business trip or need it for treatment.
Can I pay off my debt at the airport and immediately fly abroad?
From October 2, according to new rules, departments will exchange data faster. Sometimes during the tourist season, the airport may accept payments against the debt and immediately allow departure. But it’s better not to hope for it and to insure yourself in advance.
If I have no debts, but travel abroad is prohibited, who will compensate for the damage?
If it is proven that the bailiff acted illegally, the state will compensate for the damage. Bailiffs, courts, border guards, and creditors make mistakes. Sometimes debts are written off from doubles, and deductions are returned to the scammers.
To be on the safe side, always check debts and restrictions before traveling abroad. If there is an error, demand that it be corrected. You will have to seek compensation in court.
Why on earth would I be banned from traveling abroad? What about the right to freedom of movement?
The right to freedom of movement and travel abroad is guaranteed by the Constitution. But it is not absolute. If in someone's interests it is necessary to limit it, they will limit it. There are sufficient reasons for this in various laws.
It is important that a person becomes prohibited from traveling abroad not at the moment the debt arises, and not even always after a court decision is made. The decision to restrict travel is made either by the court (if we are talking about alimony arrears) or by the FSSP in other cases. The general scheme looks like this: first, the debt is transferred to the court, which makes a decision on forced collection, after which the debt is sent to the bailiff service, which carries out collection. The exception is debt for traffic police fines - they are immediately transferred to the FSSP, bypassing the courts.
In practice, bailiffs do not often resort to travel bans, notes Mikhail Kyurdzhev, partner at the A2 law office. “It’s much easier to send a request to the bank, and if the debtor has funds on the card, they are immediately written off to the budget,” explains the lawyer. In addition, bailiffs can “freeze” money on the card. Then the debtor will have to pay the debt and provide the FSSP with a receipt for payment. After this, within seven days the funds on the card will be unblocked, says Kyurdzhev.
How soon can you become banned from traveling abroad?
The creditor (whether an individual or a legal entity) has the right to go to court as soon as a delay occurs, says Svetlana Tarnopolskaya, partner at the Yukov and Partners bar association.
60 days are given to pay administrative fines, including traffic police fines, after which the debt, bypassing the court, is transferred to the FSSP. However, the service itself does not make a decision on a travel ban for such debts; to do this, the bailiffs must go to court, which assesses the need to establish a ban.
The deadline for paying taxes is established by the Tax Code and depends on the type of tax, says Kyurdzhev. “If taxes are not paid on time, then the resulting debt may not be brought to court for a very long time - as practice shows, up to several years,” he says. Much depends on the amount of tax debt. According to Pavel Khlustov, a partner at the bar association Barshchevsky and Partners, the amount of debt matters to tax authorities: they go to court if the volume of tax claims exceeds 10 thousand rubles.
Photo: Alexey Pavlishak / TASS
The trial itself - from the moment of application to the entry into force of the court decision on collection - can take several months. After the court makes a decision on forced collection, this debt is transferred to the bailiff service. The plaintiff must independently contact the bailiffs with an application to initiate enforcement proceedings, says Tarnopolskaya.
Simultaneously with filing the application, the creditor has the right to write a petition to restrict the debtor from traveling abroad, says Pavel Khlustov. Also, according to the law on enforcement proceedings, the bailiff can issue a decision on a temporary restriction on travel on his own initiative.
After receiving the writ of execution, the bailiff is obliged to initiate proceedings and send a resolution to the debtor, Khlustov said. “The deadline for execution of the resolution is five days from the date of receipt of the notification from the FSSP. If the recipient does not pay the debt within this period, then he may be restricted from leaving,” says the lawyer. The travel restriction is usually set for six months, but can be extended if the debt is not paid during this period, Safiulin adds.
How to find out about the ban
Lawyers interviewed by RBC recommend checking the FSSP database at least once every few months for the presence of unpaid debts. This can be done remotely, for example, using the “Enforcement Proceedings Data Bank” service on the service’s website or through the FSSP mobile application. In addition, service applications are available on the social networks VKontakte and Odnoklassniki. You can also obtain information about enforcement proceedings through the public services service. In addition, debtors can call or come to the FSPP branch.
A passenger at the mobile point of the Federal Bailiff Service in Terminal F of Sheremetyevo Airport (Photo: Mikhail Fomichev / TASS)
At the same time, the debtor will not be able to find out about the restriction on traveling abroad for these debts on the FSSP website, says Safiulin. According to him, you should ask the bailiff who is handling the case about the possibility of traveling abroad. Or if the debtor has a personal account on the government services website, then he can receive an electronic notification from the FSSP there, the expert adds.
However, lawyers note that incorrect information periodically appears in the FSSP - for example, about fines already paid or incorrectly assessed taxes. However, such cases are usually caused by technical errors and occur relatively rarely, clarifies Pavel Khlustov.
What should debtors do?
The FSSP recommends checking the debt at least five days before the trip, and the lawyers interviewed - two weeks. You can pay the debt on the FSSP website - transfer money from a bank card or from a mobile phone account, as well as through the WebMoney system. You can also pay at the bank, having previously received a receipt and details on the website or at an appointment with a bailiff.
Having paid off the debt, it is necessary to provide supporting documents to the bailiff, who will have to sign the order lifting the travel ban and send it to the border guards, says Marat Safiulin. According to the law on enforcement proceedings, this procedure can take from 10 to 14 days. Pavel Khlustov advises debtors to control the entire process, reminding the bailiffs about themselves from time to time.
If the debt appeared in the FSSP database by mistake, then first you should talk to the bailiff, says Kyurdzhev. “If the database reflects an already paid fine, ask the bailiff for an email and send there copies of payment documents,” he says. If the problem is not resolved, the debt can be challenged in court. “The process of restoring justice usually lasts for months. Therefore, if the “debt” is not very large, many people prefer to pay it, go abroad, and only then dispute it. However, this is the wrong strategy,” warns Safiulin.
According to him, if a person pays a “debt” and then goes to court, the court will most likely regard the fact of payment as recognition of the debt. In this case, the chances of getting back the money already paid are extremely small. So it is necessary to protest the debt as soon as a person learns about it. In this case, the “debtor” will remain on the travel ban list until the end of the proceedings, the expert admits. “But in this case, he has the opportunity to try through the court to recover losses incurred in connection with the unlawful issuance of a travel ban,” he concludes.
At the same time, the opinion that lifting the travel ban by paying off debts, if any are suddenly discovered, directly at the airport, is erroneous. “Citizens can repay their debt right at the airport now, but the temporary restriction on leaving the Russian Federation will not be immediately lifted,” the FSSP press service said in a statement. The fact is that information about the payment must reach the bailiffs, and this takes time.
For now, the only thing that is supposed to be done is to shorten this period. “A bill has already been submitted to the State Duma, according to which the bailiff under the director of the FSSP of Russia will lift the restriction on leaving the Russian Federation as soon as information about debt repayment is reflected in the State Information System on State and Municipal Payments (GIS GMP). This will significantly reduce the time frame for lifting the temporary restriction on leaving the Russian Federation,” the FSSP press service indicates.
1. The bailiff has the right, at the request of the claimant or on his own initiative, to issue a resolution on a temporary restriction on the debtor’s departure from the Russian Federation in the event of failure by a debtor-citizen or a debtor who is an individual entrepreneur, within the period established for voluntary execution, without good reason, contained in the document issued by the court or which is a judicial act and an executive document with the following requirements:
1) claims for the collection of alimony, compensation for harm caused to health, compensation for harm in connection with the death of the breadwinner, property damage and (or) moral harm caused by a crime, if the amount of debt under such a writ of execution exceeds 10,000 rubles;
2) claims of a non-property nature;
3) other requirements, if the amount of debt under the executive document (executive documents) is 30,000 rubles or more.
2. In case of failure by a debtor-citizen or a debtor who is an individual entrepreneur, after two months from the date of expiration of the period for voluntary fulfillment of the requirements specified in paragraph 3 of part 1 of this article, the bailiff has the right, at the request of the claimant or on his own initiative, to issue a decision on a temporary restriction on the debtor’s departure from the Russian Federation if the amount of debt under the executive document (executive documents) exceeds 10,000 rubles.
3. If the executive document is not a judicial act or issued not on the basis of a judicial act, then the bailiff or the recoverer participating in the relevant enforcement proceedings has the right to apply to the court with an application to establish a temporary restriction for the debtor to leave the Russian Federation in compliance with rules established by parts 1 and this article. On the basis of a judicial act that has entered into legal force, establishing a temporary restriction on leaving the Russian Federation for the debtor, the bailiff, no later than the day following the day of receipt of the relevant judicial act, issues, in the manner prescribed by this article, a resolution on a temporary restriction on leaving debtor from the Russian Federation.
4. When issuing a resolution on a temporary restriction on the debtor’s departure from the Russian Federation during enforcement proceedings on a writ of execution for the recovery of funds, the bailiff of a structural unit of the territorial body of the Federal Bailiff Service instructs the bailiff of the structural unit of the Federal Bailiff Service to remove this restriction if there is information about the payment of debt under a writ of execution in the State Information System on state and municipal payments.
5. The resolution on a temporary restriction on the debtor’s departure from the Russian Federation is approved by the senior bailiff or his deputy.
6. A copy of the resolution specified in part 4 of this article, in the form of an electronic document signed with an enhanced qualified electronic signature of the bailiff who issued this resolution, is immediately sent to the bailiff of the structural unit of the Federal Bailiff Service.
7. The bailiff who issued a resolution on a temporary restriction on the debtor’s departure from the Russian Federation, no later than the day following the day of fulfillment of the requirements of the writ of execution, except for the case provided for in part 8 of this article, or the day on which other grounds for lifting this arose restrictions, issues a resolution to lift the temporary restriction on the debtor’s departure from the Russian Federation.
8. The bailiff of a structural unit of the Federal Bailiff Service, no later than the day following the day of posting in the State Information System on state and municipal payments of information on the payment of debt under the writ of execution, issues in the form of an electronic document signed with an enhanced qualified electronic signature of this bailiff bailiff, a resolution on lifting the temporary restriction on the debtor's departure from the Russian Federation, a copy of which is immediately sent to the bailiff who issued the resolution on the temporary restriction on the debtor's departure from the Russian Federation.
9. Exchange of information on the application and lifting of temporary restrictions on the debtor’s departure from the Russian Federation between the bailiff of the structural unit of the territorial body of the Federal Bailiff Service, the bailiff of the structural unit of the Federal Bailiff Service and the federal executive body in charge of security issues, carried out electronically in the manner and within the time limits established by the federal executive body exercising the functions of legal regulation in the field of justice, in agreement with the federal executive body in charge of security issues. For the purpose of exchanging this information, the state system of migration and registration records, as well as the production, execution and control of the circulation of identity documents, and a unified system of interdepartmental electronic interaction can be used.
10. Copies of decisions on a temporary restriction on the debtor’s departure from the Russian Federation, on the lifting of this restriction, are sent by the bailiff to the debtor no later than the day following the day of their issuance.
The law gave bailiffs the powers to collect debts from the population. One of the “popular” instruments was the ban on traveling abroad. Minimum amount, ease of use, high efficiency – these are the advantages of this measure of influence on debtors. We will figure out what kind of debt will not be allowed to go abroad, how to check for a ban and what to do if it has been imposed.
Grounds for restricting travel by law
Perhaps the most common reason on which a citizen who has not committed a crime and is not serving in law enforcement agencies can be restricted in the right to travel is debts. But it's far from the only thing. To find out for what reasons they may not be allowed to go abroad, let us turn to Art. 15 Federal Law No. 114 of August 15, 1996 “On the procedure for entry/exit from the Russian Federation.” So, the ban on foreign travel is imposed on:
- debtors evading the fulfillment of their obligations;
- citizens admitted to state secrets in accordance with the nature of their activities;
- conscripts and citizens sent to alternative service;
- citizens suspected, accused and convicted of crimes;
- Russians who provided false information about themselves when applying for a foreign passport;
- citizens who work in security agencies (FSB);
- debtors declared bankrupt.
In each of the described cases, a different procedure for imposing a travel ban is applied, but the debtor must always be notified of this. To prevent an attempt to cross the border, his passport may be confiscated.
Debts with which they will not be allowed to go abroad
Evasion of obligations imposed by the court is a vague concept. Usually we are talking about unfulfilled financial obligations, that is, debts. Taking this into account, a temporary restriction on the debtor’s travel outside the Russian Federation may be imposed if:
- tax debts;
- debts on loans, microloans, to individuals;
- non-payment of alimony;
- fines - traffic police and other administrative;
- utility debts;
- violations of the fulfillment of non-property demands - for example, about eviction, transfer of a child, reinstatement at work.
But if we talk exclusively about financial debts, the nature of the debt is only of secondary importance. Firstly, because the law defines a minimum debt, after reaching which travel can be restricted:
- 30 thousand rubles – in general cases;
- 10 thousand rubles – for compensation of harm, payment of alimony and debts, if the delay in fulfilling obligations exceeds 2 months.
Secondly, there is a strict procedural order that is followed when restrictions are imposed.
Who restricts the right to leave
The travel of debtors abroad is limited only if:
- The debt arose under a judicial act or an act of another government agency.
- The debtor avoids fulfilling his duties.
- The competent authorities decided to restrict travel.
Confirmation of the fact of evasion of debt repayment is possible only within the framework of enforcement proceedings. Therefore, the answer to the question of who can prohibit traveling abroad due to debts is the Bailiff Service (FSSP).
In accordance with Art. 67 Federal Law No. 229 dated October 2, 2007 “On Enforcement Proceedings” (hereinafter referred to as Federal Law No. 229), bailiffs are entrusted with the authority to restrict the right to travel. They make a decision at the request of the claimant or on their own initiative, about which a corresponding resolution is issued.
However, if the debt arose on the basis of a decision of another (non-judicial) body, the bailiff does not have the right to independently make a decision on the ban. He first submits a petition for restriction to the court and only if it is granted, he issues a decree banning travel.
Tax debts
Tax debts can arise not only from enterprises, but also from individual entrepreneurs and ordinary citizens - for example, in case of failure to pay land, transport or income taxes after receiving property. In general cases, the Federal Tax Service first sends the taxpayer a notice of the need to pay tax. When payment is not received, tax authorities send a demand to the debtor. If it is not fulfilled, guided by Art. 48 of the Tax Code, submit an application to the court.
In case of a positive decision of the court, a writ of execution is drawn up and subsequently sent to the FSSP. If the total tax debt of bailiffs exceeds 30 thousand rubles at the time of opening enforcement proceedings, a travel ban may be imposed within 5 days after notifying the debtor of the opening of enforcement proceedings. If the arrears are above 10 thousand rubles - after 2 months, if less - departure is not limited.
Non-payment of alimony
Alimony is a specific payment. They are periodic in nature and are transferred monthly, so debts grow very quickly. Since this money should be used to support children, this category of debt is a priority and under special control of the state. For example, in the first half of 2019 alone, the FSSP issued 126 thousand decisions on temporary restrictions on the right of alimony debtors to travel. In total, at the time of preparation of the material, 840 thousand alimony workers were “banned.”
But it's not just about protecting the rights of minors. According to paragraphs. clause 1 art. 67 Federal Law No. 229, the amount of debt for a ban on traveling abroad in 2019 for alimony is only 10 thousand rubles. Considering that the average amount of alimony in the country is 7-8 thousand rubles, you can get a restriction on leaving even if you have a 2-month debt.
The procedure for imposing sanctions is standard. As a rule, writs of execution for the collection of alimony are initially submitted to the FSSP for execution. This means that the restriction can be imposed immediately as soon as the debt exceeds 10 thousand rubles. Usually this does not require a petition from the claimant.
Unpaid traffic fines
The traffic police resolution on an administrative offense is a non-judicial executive document, and the collection of fines under it is also carried out by bailiffs. However, officials are reluctant to impose, and there are a number of reasons for this:
- A restrictive measure is applied in the event of a debt in the amount of 30 thousand rubles or more than 10 thousand rubles, when the debt has not been repaid within 2 months. Such fines are imposed for serious traffic violations, such as driving while intoxicated.
- The claimant is the state - that is, in fact, no one will apply for a ban.
- Since the resolution is a non-judicial executive document, in order to impose a sanction in accordance with paragraph 3 of Art. 67 Federal Law No. 229, the bailiff must additionally go to court.
Utility debts
Debt in payments for utility services in our country is increasing every year. In the first quarter of 2019 alone, it increased by 5.3% compared to 2019 figures. The total amount of utility debts across the country as of September 1, 2019 reached a record 1.4 trillion rubles. It is obvious that utility companies are ready to collect such colossal funds by force, and one of the coercive measures is precisely a ban on leaving. Standard procedure:
- An application for a court order is submitted to the court.
- The court order is submitted to the FSSP at the debtor’s place of residence.
- Enforcement proceedings are opened.
- A petition to restrict travel is attached to the application for opening enforcement proceedings.
- If the amount is more than 30 thousand rubles, a resolution is issued to restrict the right to travel abroad; if the debt exceeds 10 thousand rubles, the decision is issued after 2 months.
Usually, defaulters are restricted from traveling abroad. The national average size of monetary obligations of one utility debtor is 46 thousand rubles.
Failure to leave if there is a loan
There is an opinion that an unpaid loan gives banks the right to independently decide the fate of the debtor, including prohibiting him from traveling abroad. But in reality this is not so - the presence of a loan, even if there is a debt on it, is not in itself a basis for a ban on leaving the country.
Like all other collectors, the bank must go through the standard procedure by filing a claim in court, receiving a writ of execution and sending it to the FSSP. And only if the amount of non-payment on the loan exceeds 30 thousand rubles (10 thousand - after 2 months of non-payment), the bailiff has the right to restrict the freedom of movement of the debtor. Without going through this procedure, it will not be possible to restrict a citizen’s right to travel, regardless of the amount of debt.
In the presence of enforcement proceedings
Enforcement proceedings are the final stage of the procedure for debt collection or fulfillment of another property or non-property obligation imposed on the debtor by the court. Only within its framework, as we have already said, can travel abroad be prohibited. However, the mere fact of opening proceedings does not mean that any enforcement measures will be applied to the debtor. In particular, he has absolutely nothing to fear if debts are up to 10,000 rubles. In this case, the bailiff does not have the right to prohibit him from leaving the country.
The situation is different when it comes to non-property claims. For example, when this is a requirement for eviction, vacating a plot of land or demolishing a building, transferring a child to a second parent or the procedure for communicating with him, and so on. If such obligations are not fulfilled within 5 days from the receipt of the decision to open enforcement proceedings (most often this happens), the bailiff has the right to restrict the citizen’s right to leave.
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Checking the travel ban
A citizen must be informed about the restriction of his right to leave the Russian Federation. Therefore, according to paragraph 10 of Art. 67 Federal Law No. 229 no later than the next day from the date of the decision, a copy of the document is sent to the debtor. But citizens do not always live at their place of registration, and decisions simply do not reach them. To avoid any unpleasant situations when going through border control, it is recommended to check for any prohibitions before your trip:
- through the Bank, given the FSSP enforcement proceedings, where you can find information about open proceedings, amounts of debts and contacts of the bailiff who is handling the case and will inform you about the existence of restrictions;
- in the FSSP unit at the place of residence;
- through special online services that, for a modest fee, will check for restrictions within a few minutes.
Do they check for debts at the airport?
Users are often interested in what debts are checked at the airport when flying abroad. Let us clarify: border guards at the airport do not check passengers to see if they have outstanding debts. However, before flying, every Russian goes through border control, which involves checking according to the migration registration system. This is where problems can arise.
The fact is that the resolution on the ban on crossing the border in accordance with clause 3 of the Procedure, approved. By Order of the Ministry of Justice No. 187 of September 29, 2017, no later than the next day after issuance, it enters the FSSP Automated Information System, after which, through the electronic interaction system, it enters the migration registration system used by border guards. At the checkpoint, they will definitely pay attention to the presence of a time limit for departure.
How long does the ban last?
The period for which a ban may be imposed is regulated by clause 5 of Art. 15 Federal Law No. 114.
The law limits the debtor’s right to leave the country until he fulfills his financial obligations, that is, repays the debt or reaches an agreement with the debtor.
In accordance with FSSP Letter No. 12/01-830-NV dated January 29, 2008, this period is determined by the bailiff when making a decision and cannot exceed 6 months. After the specified period, even if the debtor has not repaid the debt, the restriction is canceled. To extend it, the bailiff must issue a new ruling.
At the same time, if before the expiration of 6 months the proceedings are terminated or completed due to circumstances not related to the actual execution, in accordance with paragraph 1 of Art. 44, paragraph 4, art. 47 Federal Law No. 229, the bailiff is obliged to remove the imposed restriction. Thus, the ban is relevant:
- until the debt is repaid;
- before the expiration of the sanction;
- until the termination or completion of enforcement proceedings.
Is it possible to lift the ban?
The law provides for cases when the ban must be lifted:
- Paying off debt. When repaying the debt, the bailiff is obliged to issue a resolution to lift the restriction no later than the next day from the moment of receiving information about this. A day later, the document is registered in the automated document management system, after which it reaches the border guards.
- Cessation or end of production. This is possible in the event of reconciliation between the debtor and the collector, recognition of the invalidity of the writ of execution, the impossibility of establishing the whereabouts of the debtor, or the lack of liquid property.
- Appeal against the decision. The restriction can be appealed in court or in the order of subordination - when the complaint is sent to the chief bailiff of the subject. You have 10 days to challenge the decision after receiving information about the ban.
Will it be possible to leave the country with debts?
People often ask how much debt they can travel abroad with in 2019. Considering the above, the answer is quite simple - you can easily leave the country with a debt of less than 10 thousand rubles. If financial obligations do not relate to the payment of alimony and compensation for damage to health/property, and the period that has passed since the opening of enforcement proceedings is less than 2 months, you can cross the border even with a debt of up to 30 thousand rubles.
However, if there is no open enforcement proceedings, the amount of debt and its nature do not matter. A paradox arises when there is a debt, but there is no travel ban - there is simply no one to impose it until the enforcement proceedings are opened.
There are other options. Thus, FSSP Letter No. 12/01-18554-AP dated 01.08.2012 provides for the possibility of lifting the temporary restriction on travel in cases of the need for emergency treatment of the debtor outside the Russian Federation (if treatment is impossible in Russia), accompanying a relative who needs such treatment, or death of a loved one living abroad. On our website you can read more about how to travel abroad with debts.
Conclusion
Considering all that has been said, we can identify several main conditions under which travel will be prohibited:
- the presence of a debt that is at least 10 thousand rubles for special requirements (for alimony, compensation for harm or claims for which at least 2 months have passed since the expiration of the period for voluntary fulfillment) or 30 thousand rubles for all others;
- confirmed fact of evasion of debt payment, that is, the actual expiration of the period for voluntary repayment;
- open enforcement proceedings;
- a decree issued by a bailiff to restrict travel.
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Sometimes it happens that airline ticketsalready purchased, suitcases packed, no one was late for the airport, but at passport control it turns out that you can’t leave. As a result, the vacation is ruined, money is spent, nerves are frayed oh gentlemen.
Let's figure out in what situations people are not allowed to leave Russia, from the point of view of the legislation of our country.
Debts
Official debtors may not be allowed to go abroad.In law This restriction applies to ordinary citizens and individual entrepreneurs. The decision on temporary travel restrictions is made by bailiffs. They also transmit information about debtors to border guards at the Border Control Department.
Here are the debts that will prevent you from going on a trip abroad:
What kind of debt | To whom should I | Debt amount |
alimony | ex-wife | more than 10,000 ₽ |
causing harm to health | to another citizen | more than 10,000 ₽ |
damage to property | to another citizen | more than 10,000 ₽ |
moral injury | to another citizen | more than 10,000 ₽ |
taxes | to the state | more than 30,000 ₽ |
Payment of utility services | municipality | more than 30,000 ₽ |
traffic police fines | to the state | more than 30,000 ₽ |
loans | jar | more than 30,000 ₽ |
Debt itself is not a restriction on leaving. The restriction is imposed by bailiffs on the initiative of collectors: those to whom they are owed. Sometimes bailiffs restrict the debtor's travel on their own initiative.
It happens that The clerk owes the bank much more than 30,000₽ and calmly travels abroad, because the bank does not sue him and does not turn to the bailiffs. At the same time, an alimony worker who is 3-4 months behind on payments may be prohibited from leaving. This happens because after a divorce, the court sends a writ of execution to the bailiffs, who monitor alimony payments.
State secret
State secret- information, the disclosure of which would cause harm to the state. Here's what it could be according to law:
- military information;
- information about economics, science and technology;
- information on foreign policy and economics;
- information from the field of intelligence, counterintelligence, operational-search and anti-terrorism activities.
Temporary restrictions on travel for citizens working with any type of classified information are prescribed in the employment contract. Therefore, such a restriction is not a surprise to them. The period of temporary travel restrictions should not exceed 10 years from the date of the last acquaintance with classified information.
Civil service
FSB employees - Federal Security Service -They are also not allowed to go abroad until the end of the employment agreement (contract). After the end of the employment contract, the period of temporary restriction is extended if the employee worked with information related to state secrets.
Military service
Military personnel and citizens who perform alternative service should not travel abroad until the end of their service. Those who are not ready to serve in the military due to personal convictions, according to their religion or because they belong to indigenous peoples are sent to alternative civilian service.