The excessively collected funds were returned to the entrepreneur from the Moscow Region.
The operational interaction of the Moscow Region Business Ombudsman Vladimir Golovnev and the Main Directorate of the Federal Bailiff Service of the Moscow Region made it possible to restore the violated rights of an entrepreneur from Dubna city district.
For consideration, the Commissioner for the Protection of the Rights of Entrepreneurs received an appeal from the director of a company engaged in the manufacture and sale of biological additives, complaining about the actions of the Dubna city bailiff department, which deducted the amount of the enforcement fee from the company's current account. At the same time, the organization did not receive a copy of the decision to initiate enforcement proceedings, and therefore was unable to voluntarily pay the amount being collected. The applicant reasonably considered his rights violated, and the withdrawal of money from the account was unlawful.
Having studied the materials of the appeal, the authorized representatives sent a letter to the head of the Main Directorate of the Federal Bailiff Service of Russia for the Moscow Region containing the applicant's arguments and a request to verify the facts stated.
As a result of the operational assistance from the Main Directorate in the actions of the Dubna City Bailiff Department, a violation of the requirements of the Federal Law "On Enforcement Proceedings" was revealed in terms of non-sending to the debtor a copy of the resolution on the initiation of enforcement proceedings. The excessively recovered funds were returned to the applicant.
"It is impossible to call the complaints of entrepreneurs about the actions of bailiffs a systemic problem, but there are some facts of abuse of authority on the ground. In all such cases, we work closely with the head of the regional Department of the Federal Bailiff Service Andrey Tagaev and take appropriate measures. Thanks to the prompt feedback, in 7 out of 9 cases, it was possible to resolve issues in favor of entrepreneurs from the Moscow Region" - Vladimir Golovnev noted.