Check to see if it's exiting. A tricky way to leave Russia abroad with debts

One of the measures to combat debtors is a ban on traveling abroad. We will talk about what features this measure has, who may be subject to it and how to remove this restriction in our article.

Not long ago, in relation to people in debt to financial institutions or before the state, quite severe measures were taken - imposing restrictions on leaving the country. A temporary restriction on leaving the Russian Federation, as a rule, is applied until the debtor fulfills the requirements contained in the executive document in accordance with which this restrictive measure was introduced or until an agreement is reached between him and the claimant.

Procedure for applying the restriction

In accordance with current legislation, the presence of a citizen only in debt or a court decision to collect funds is an insufficient aspect to restrict departure. The travel restriction comes into effect upon the application of a person interested in immediate debt collection. To do this, the bailiff must issue a resolution approved by the senior bailiff or a separate judicial act establishing such a fact. At the same time, the decision on a temporary restriction on travel comes into force from the moment the bailiff was able to prove that the debtor does not fulfill his duties for an unexcused reason. That is, the imposition of restrictions is preceded by a thorough investigation of the situation. The bailiff sends a copy of the decision to the debtor, as well as to the relevant authorities:

• migration police department;
• territorial body executive power;
• border service.

Validity period of the decree on travel restrictions

The validity period of such a measure as a temporary restriction of a citizen’s right to travel abroad is determined by a bailiff, but this period should not exceed 6 months. At the same time, after six months, if the debtor continues to ignore his obligations, the corresponding resolution can be issued again.

Conditions for lifting the temporary restriction on the debtor’s travel abroad

The debtor's travel ban may be lifted in the event of the completion or termination of enforcement proceedings, which contains the corresponding requirements for restriction. If the enforcement proceedings are terminated by the court, a corresponding ruling is issued, which is sent to the debtor, the collector and the bailiff. The ban on a debtor traveling abroad can be lifted in the following cases:

1. if the debtor has fulfilled the requirements of the enforcement case;
2. the writ of execution was returned to the claimant at his request or due to the impossibility of establishing the whereabouts of the debtor;
3. the court approved a settlement agreement between the debtor and the claimant;
4. the executive document was declared invalid or cancelled;
5. The recovering organization is excluded from the Unified State Register of Legal Entities.

Procedure for canceling a measure restricting the debtor’s travel

The bailiff must issue a decree on the completion or termination of enforcement proceedings, which cancels all restrictions established for the debtor, including restrictions on traveling outside the Russian Federation. The bailiff may also issue a resolution to cancel the temporary restriction on the debtor’s departure from the Russian Federation. At the same time, the document necessarily stipulates that the restriction on exit will be lifted after the relevant resolution is received by the Border Control Department Border Service FSB of the Russian Federation. In this regard, even the presentation by the former debtor at the border control point of supporting payment documents or a copy of the decision to lift the restriction will not be grounds for allowing him through state border. Copies of the resolution on the completion or termination of enforcement proceedings, as well as the resolution on the abolition of compulsory enforcement measures, are sent to the claimant, the debtor, the court and the authorities executing the resolution to establish restrictions within three days from the date of issuance of the resolution to terminate the proceedings or no later than the day following the day of the decision to terminate the proceedings. These decisions are immediately sent to the Border Guard Service of the Russian Federation through a unified system of interdepartmental electronic interaction. After receiving information, the border service authorities of the FSB of the Russian Federation process the information and send it to border authorities to make changes. Thus, it should be noted that several days may pass from the moment the debt is repaid until the relevant information is received by the border authorities, and, therefore, it is recommended to devote Special attention this fact when planning foreign trips.

When a restriction on traveling abroad can be challenged

According to the law, the application of a restrictive measure on the debtor’s travel abroad presupposes strict adherence to the procedure and the presence of appropriate grounds provided for by current Russian legislation. In case of violations of these rules by a bailiff, the restriction on travel can be challenged in the manner prescribed by Russian legislation. So, you can challenge the restriction on traveling abroad:

• If the debtor is not properly notified of the initiation of enforcement proceedings against him.

The Law on Enforcement Proceedings clearly regulates the procedure for notification of the initiation of enforcement proceedings. The bailiff, after issuing a decision to initiate enforcement proceedings, must send the document to the debtor. If the decree is sent to the wrong address, sent at the wrong time or not sent at all, in this case the decree restricting exit must be canceled regardless of other circumstances.

• Imposing a restriction before the expiration of the period for voluntary execution of a court decision.

You should read the fact that the deadline for voluntary execution is of two types: established by bailiffs and by the court. If the writ of execution is presented after the expiration of the period established by the court, then the bailiff sets a 5-day period from the date of receipt of the decision. A decision to restrict travel issued earlier than this period is subject to cancellation under any circumstances.

• Failure to comply with the requirements regarding the content of the executive document.

If the amount of debt is equal to or less than 30,000 rubles, a restrictive measure on traveling abroad cannot be applied to the debtor.

• Failure to comply with the requirements of the law on individual entrepreneurs regarding the proportionality of the applied coercive measures.

There are cases when the bailiff restricts travel abroad, despite the fact that the deadline for voluntary compliance has been slightly violated, or the debtor has taken all possible measures. necessary measures to pay off debt (for example, partially repays debt). In this situation, the court may recognize the application of the measure as disproportionate and cancel the bailiff’s decision.

How to challenge a restriction on traveling abroad

The procedure for challenging the actions of a bailiff is regulated by the Law on Enforcement Proceedings, as well as the CAS of the Russian Federation. The legislation provides for the possibility of challenging a decision to restrict travel abroad in the following order of subordination:

1. the decision made by the bailiff can be appealed to the senior bailiff;
2. resolution of the senior bailiff - to the chief bailiff of a constituent entity of the Russian Federation;
3. resolution of the chief bailiff of the subject - to the chief bailiff of the Russian Federation;
4. The decision of the chief bailiff can only be appealed in judicial procedure.

The legislation of administrative proceedings provides for the possibility of appealing a bailiff's decision in court - in a federal court of general jurisdiction for citizens and in an arbitration court for legal entities.

Important! A decision to restrict travel can be appealed within 3 months from the moment the debtor became aware of its issuance, however, this period can be extended if there is a good reason for this.

Article 220 of the CAS RF establishes a number of requirements that must be met when preparing an administrative claim in court, here are some of them: So the statement of claim must indicate:

• body, legal entity or individual vested with state or other public powers and which made the contested decision;
• data on the contested decision - name, number and date of adoption;
• information about what the disputed action or inaction consists of;
• other known data regarding the contested decisions, actions/inactions.

An application to challenge a decision to restrict travel will be considered by the court within 10 days from the date of its receipt by the court, but this period may be extended if there are grounds for this. When considering an application to challenge a decision on travel restrictions, the court may make one of the following decisions:

1. on satisfaction in full or in part of the stated requirements for declaring the decision illegal;
2. on the cancellation of the restriction order;
3. refusal to satisfy the stated requirements.

A travel ban as a tool for forcing a debtor to fulfill obligations has shown its effectiveness and the practice of its use will expand. The law allows the debtor to seek lifting of the ban through the court. In addition to debtors, there are other categories of citizens for whom travel abroad may be limited.

List of persons prohibited from traveling abroad

The general procedure for leaving the Russian Federation is regulated by Federal Law No. 114-FZ of August 15, 1996.

In addition, employees of the Ministry of Foreign Affairs, as well as employees of the FSB and the Ministry of Internal Affairs are subject to order No. 8722/996/562/350 of November 17, 2008. It sets out both the restrictions and the conditions under which cross-border movements are permitted.

Exit is controlled by the border service at checkpoints. The presented passport and travel documents are checked against a database to which the border guard's computer is connected.

In accordance with the law, seven categories of citizens may be included in the list of those “banned from traveling.”

1. Employees of the Federal Security Service. The general order is not for them. If we exclude business trips, then travel permits of any nature, including tourism, can be obtained in accordance with the internal official instructions of the FSB.
2. Persons with access to government and military secret. In fact, the ban is absolute. But depending on the importance of the secret and the depth of admission, there are time gradations. Usually, when signing a non-disclosure agreement, a period is determined after which the travel ban is lifted. For most - 5 years, unless otherwise stated in the contract or employment agreement. In any case, the period of the ban does not exceed 10 years and it can be appealed in court or in the Interdepartmental Commission for the Protection of State Secrets.
3. Those in military or alternative conscription service. The right to leave appears in case of deferment of conscription or after demobilization. Contract servicemen travel abroad with the permission of the command, for which they need to submit a report addressed to the unit commander.
4. Convicted criminals, as well as those released on parole or given suspended sentences. After serving their sentence, they are considered to have atoned for their guilt. However, the travel ban remains until the criminal record is expunged, which is regulated by Article 86 of the Criminal Code of the Russian Federation. A certificate of expunged criminal record and subsequent restoration of documents give the right to travel. The repayment period depends on the severity of the sentence served and the personality of the convicted person. Maximum 10 years, but can be “zero”.
5. Persons accused or suspected of committing a crime. Suspects are subject to a travel ban by investigative authorities, and accused by judicial authorities. You can travel abroad if:
   • the court will issue a verdict of not guilty,
   • the criminal case is terminated,
   • the ban, as a preventive measure, is canceled or not imposed.
6. Draft evaders who do not fulfill obligations imposed by the court. This is the largest contingent of those who learn about the ban during border control. Debtors ignoring the demands of bailiffs. As practice has shown, the travel ban has proven to be an effective tool for influencing negligent payers.
7. Citizens who have false information found in their documents. When preparing travel documents, applicants provide various information about themselves and sign that they are responsible for the authenticity of the data. Errors and conscientious errors are not punished. But sanctions are applied for entering knowingly false information. Usually the ban is imposed for the duration of the inspection, but not longer than one month. If during the inspection no other reasons or grounds for the ban are identified, then the restrictions are lifted and corrected information is added to the documents.

In cases with convicted persons, there are additional rehabilitative conditions for lifting the ban. This occurs upon release from punishment in the following cases:

• cancellation of the court verdict with termination of the case;
• pardons or amnesties;
• exclusion of the crime from the Criminal Code;
• the expiration of the statute of limitations for a conviction that was not executed against the will of the convicted person.

A citizen learns that a travel ban has appeared from a notification from the Main Directorate of the Ministry of Internal Affairs of the Ministry of Internal Affairs. He must be informed:

• the basis and duration of the restriction;
• date and registration number of the decision on the restriction;
• full name and legal address of the organization that prohibited departure.

You can appeal the notification in court (by military personnel in a military court) or in the territorial body of the Main Department of the Ministry of Internal Affairs of the Ministry of Internal Affairs.

The amount of debts is more than 10,000 rubles. sufficient grounds for a travel ban

How to check whether you are traveling abroad or not

For FSB officers, as well as for conscripts, not to mention those accused and convicted, the question will be whether they will be released or not; if it arises, it will be clarified before the intended trip.

An unexpected travel ban, which is learned at border control, primarily worries those against whom enforcement proceedings have been initiated, subject to the following conditions:

• the amount of debt is more than 10,000 rubles. or the debt is of a non-property nature;
• the executive document is not expired, remaining in force for 3 years;
• the court decision came into force after the deadline for appeal had passed or the complaints were rejected;
• copies of the resolution were sent to the Main Directorate of Internal Affairs of the Ministry of Internal Affairs, the border service and the debtor.

There is a misconception that by waiting 3 years, you can evade execution of the writ of execution. Firstly, the claimant has the right to demand that the proceedings be resumed before the expiration of the 3-year period. And, secondly, after expiration, the creditor can still demand repayment of the debt, for which other procedures are provided.

The debtor has three options:

• fulfill the requirements for enforcement proceedings;
• enter into a settlement agreement with the claimant, according to which the claimant will lift the demands for a travel ban;
• remain restricted from traveling.

A conscientious citizen who has paid off his debts has the right to expect that all restrictions will be lifted automatically. IN real life mistakes happen, and actions public services- mismatch.

Important: border guards are guided by court decisions; they do not consider complaints, applications and appeals from citizens regarding travel bans.

The bailiff, having closed the enforcement proceedings, submits the relevant information to the Main Department of the Ministry of Internal Affairs of the Ministry of Internal Affairs and the border service. An adjustment is being made in the database of those “restricted to travel.”

Video: how to avoid a travel ban

You can find out whether a citizen is in the database of people restricted from traveling abroad by personally contacting the bailiff who was in charge of the case or through electronic services. There are dozens of websites providing information on travel restrictions, and not all of them have reliable data. Often, website owners use this popular service as a tool to increase traffic. It is recommended to use only official portals:

• State services,
• FSSP Enforcement Proceedings Data Bank,
• Federal Tax Service.

On each of them you need to start Personal Area and go through the authorization procedure.

It would be useful, when planning a long trip, to obtain a certificate from the bailiff about the closure of the proceedings or confirmation from the claimant that there are no claims. Additional insurance will not hurt in case the citizen is still listed as not allowed to travel abroad in the border service database.

Bypass the ban without consequences

The law provides for situations when the debtor needs to travel abroad. For example, in business trip, for treatment, for humanitarian reasons. In each individual case, the issue is resolved individually through the leadership of the FSSP, the court or other competent authorities. In addition, you can contact the claimant to conclude a settlement agreement.

Any attempts to circumvent the ban without legal grounds will be considered a violation of Federal Law No. 114 with appropriate sanctions depending on the severity of the offense.

Until recently, debtors used Belarus as a loophole. There was no control at the Russian-Belarusian border; the database of the Belarusian border guards was not connected to the Russian one. Minsk Airport opened the way for debtors abroad. The authorities of both countries took effective measures to restore order. It is better for debtors not to take risks and not spend money on a ticket to Minsk. It’s easier to pay off your debts and become a traveler.

Questions and answers

1. I have fully paid off my tax debt, which is confirmed on the website of the Federal Tax Service and State Services. The bailiff confirmed over the phone that my name had been removed from the database. However, the border guards did not allow me to leave, and while the proceedings were ongoing, my plane took off. Who will compensate for the losses?

You should collect supporting documents and file a claim with the government agency through whose fault your rights were violated. If you refuse to settle the issue out of court, you have the right to file a civil lawsuit and demand compensation in court.

2. I have several debts for housing and communal services, traffic police fines and tax penalties. The size of each of them is less than 10,000 rubles. Is there a danger of being banned from traveling?

Yes, there is, if in total they exceed 10,000 rubles.

3. I paid my debt at the border, but they still didn’t let me out. Why?

Because a payment receipt is not enough for border guards. They need a change in the database. There is a time lag between fulfilling a duty and updating the database. This should be kept in mind. The time between bank confirmation of payment and the electronic signature of the bailiff on the closure of proceedings ranges from a matter of hours to several days.

4. What debts are not grounds for restricting travel?

The question is incorrect. Any debts - alimony, arrears, fines, penalties, unfulfilled obligations, unpaid services, loan debts can become grounds for a travel ban.

5. Nowadays, the amount is 10,000 rubles. seems frivolous. Isn't it time to change?

There is a bill to increase it to 100,000 rubles, which has not left the consideration stage. If 10,000 is not a serious amount for you, what is stopping you from paying it?

Those planning to travel abroad should make sure in advance that they have no outstanding obligations of a property or non-property nature to other citizens, legal entities and government agencies. Timely repayment of debts guarantees unimpeded departure. Border guards, when carrying out exit control, are guided by a database of “restricted to travel” citizens and do not consider complaints and appeals during the inspection.

Is it possible to travel abroad with debts? Any person who has any debt should check their status before traveling outside Russia. Otherwise, a surprise may await you right at passport control. Every year, thousands of Russians are turned away because they do not know the law and have not taken care of a carefree vacation in advance. From the article you will learn how to check whether you will be released abroad with debts, whether there is a difference between debt for housing and communal services and alimony, and also what amount of debt limits travel abroad.

If you plan to travel abroad with debts, you can check their presence or absence in several ways. I’ll tell you about all of them below, but first, let’s figure out which law stipulates restrictions on traveling abroad for debt reasons.

Traveling abroad with debts, or rather not leaving the Russian Federation, is regulated by several laws, including the federal laws “On the procedure for leaving the Russian Federation and entering the Russian Federation” and “On enforcement proceedings.” They are written in dry language and sometimes it is more difficult to understand them than the language of aliens who flew from the constellation Alpha Centauri. Therefore, I will explain everything in simple terms.

Temporary restriction of the right to travel outside Russia is considered an effective measure and the Federal Bailiff Service (FSPP) successfully applies it, but many do not know exactly how such a process is launched.

The very fact of debt, be it a loan, traffic police fines or alimony, does not automatically make a person unable to travel abroad. To do this, the amount of debt must exceed a certain threshold, but even after this, a particular citizen may be included in the list of debtors who are prohibited from traveling abroad only after several months, or even years.

Most Russians do not know what amount of debt limits travel abroad. In 2017, its size changed, causing even more confusion. Although in reality everything is simple.

1. If we're talking about on the collection of alimony, compensation for harm caused to health or compensation for harm in connection with the death of the breadwinner, then I can restrict a person from leaving Russia if the total debt recognized by the court exceeds 10 thousand rubles.
2. For all other requirements (debts for public utilities, bank loans, loans from microfinance organizations, traffic police fines, etc.) the amount of debt for which exit from the country can be closed is from 30 thousand rubles.

Statistics from bailiffs say that most often orders banning travel are issued against Russians who are in debt.

• Bank loan.
• MFO loan.
• To the state on traffic police fines.
• Management companies for utilities.
• Former spouse and child for alimony.
• To the state for taxes.

Any of the above categories of debtors does not automatically become prohibited from traveling even if the amount of his debt exceeds 30 thousand rubles. Temporary restrictions on traveling abroad do not always arise even after a court decision is made. There are nuances here too. For example, debts arising from traffic fines do not concern the courts in any way; they are immediately transferred to the FSSP. But in most cases the process goes like this.

1. A debt case comes to court.
2. The court makes a decision on forced collection.
3. This decision is sent to the bailiffs, who must collect the debt using various measures of influence on the debtors, including making a decision to restrict travel abroad.

How quickly is the exit restriction introduced?

Restrictions when traveling abroad due to debts are not introduced automatically, so in each individual case the period for introducing such a restriction may be different. Next on specific examples We will analyze situations with debts on loans, fines, alimony, utility bills, and so on.

Traveling abroad with housing and communal services debts

Debt for utilities and traveling abroad are in no way connected with each other. Some Russians do not pay bills for housing and communal services for months and quietly travel around the world. So, traveling abroad with utility debts is quite possible, unless the house management company or the homeowners association of your home has decided to seek debt collection through the courts.

Practice shows that utility companies only go to court if they have large debts. The very fact of the trial is also not a reason for introducing a temporary restriction on traveling abroad. Only after a court decision on forced collection is made, the bailiff service will be able to open enforcement proceedings, within the framework of which it is possible to use restrictive measures.

Where can I check my housing and communal services debt and will I be allowed to go abroad with it if there is enforcement proceedings? If it is less than 30,000 rubles, then no one has the right to restrict you from leaving. But checking the existence of debt for utility bills is quite difficult. More precisely, you yourself know it very well if you receive tickets and do not pay for them. If the house management company goes to court, you should receive a corresponding notification. If the court has made a decision, the service nevylet.rf will help you find out about it. There you can get all the current data at the time of the request. Not only for court decisions, but also for traffic police fines, credit debts, and so on.

Traveling abroad with alimony debt

Is it possible to travel abroad with alimony debts? It is definitely possible if the debt on them is less than 10,000 rubles. In other cases, there is a high risk of becoming temporarily banned from traveling abroad. Court proceedings for alimony payments are usually resolved quite quickly, and bailiffs make a decision to restrict travel even faster. Therefore, if you ask whether alimony workers who do not pay are released abroad, I will answer that they are reluctant to do so and alimony debt is one of the most problematic.

Will they be released abroad with loan debt?

Surprisingly, there are Russians who are interested in more knowledgeable people on the Internet, will they let you go abroad if you have a loan? There is only one answer: 1000 times “Yes.” Even if you have 10 loans, but you regularly pay them, you can safely go to any country - the border guards will not grab your hand, shake their fingers and turn you back for having a loan.

It’s another matter when debtors going on vacation ask whether they will let them go abroad with unpaid loans. Here it is important to understand what the people asking the question mean by the phrase “unpaid loan”. If it’s just the fact of having a loan, then see the paragraph above. If you have a loan debt, then whether you will be allowed to go abroad or not depends on the stage of your relationship with the bank. But I emphasize once again that without a court decision and open enforcement proceedings, neither collectors nor representatives of the bank’s security service have the right to restrict your departure from Russia.

The presence of loan debt and the recognition of this debt by the court significantly reduces your chances of traveling abroad. Again, if the loan debt is less than 30,000 rubles, even the bailiffs on duty at the airport will not be able to stop you.

Therefore, to the question “Will they let you go abroad if you have a loan?”, the answer is an unequivocal “They will let you out,” but to the question “You have a debt on a loan, will you let you go abroad?”, everything is not so clear.

It doesn’t matter what type of loan you owe. It could be consumer loan, and mortgage debt or debt credit card. Without FSSP enforcement proceedings or if the loan debt is less than 30,000 rubles, all Russian airports are open to you.

Abroad with fine debts

Do they let you go abroad with traffic police fines? Getting a fine from traffic cops is easy these days. There are so many video cameras and violations installed that you just have time to receive letters of happiness. Of course, someone will say, follow the traffic rules and sleep well. But situations are different and sometimes committing a minor offense simply cannot be avoided. On the other hand, if there is a threshold of 30,000 rubles, you have to be a very persistent traffic violator in order to be included in the list of travel bans.

Perhaps you consider yourself one of these people, and you are planning to travel abroad with debts? You can check all unpaid traffic fines different ways, including through the government services portal, but the Nevylet.rf service will help you identify all your debts at once. Since on federal websites the relevance of the data is 2 weeks, and on the Nevylet.rf service the data is current on the day of access.

You must remember that you have 60 days to pay administrative fines, including traffic police fines. Two months after the fine is issued, the debt, bypassing the court, is transferred to the FSSP. This is bad for the debtor, but there is also positive point. Bailiffs cannot restrict the exit from the country of a citizen who has unpaid administrative fines. The need to establish such a ban is determined by the court, where FSSP employees must apply.

How and where to find out about the ban on traveling abroad

Will they be released abroad? How to check? Where to see? This is the question asked by everyone who feels the potential to be on the travel ban list, even temporarily. There are several options for checking the presence of debts, which may be the reason for imposing a travel restriction. I'll tell you about them all, their pros and cons.

Website of the Federal Bailiff Service

The FSSP website is located at fssprus.ru and immediately on home page offers to find out about your debts. It is enough to enter your last name and first name or individual entrepreneur number and also indicate the territorial authority (your region). The system will then ask you to enter a letter code and display the search results.

Your personal data may coincide with the personal data of another debtor, so to clarify, use the advanced search, indicating the middle name and date of birth.

The system shows enforcement proceedings that have been opened against a citizen over the past few years. Including those already closed. There is an opportunity to pay the debt, but please note that a commission is charged.

The FSSP website explains: “The entry in the Data Bank will be deleted or changed (in case of partial repayment of the debt) within 3 to 7 days from the date of payment, since cash must go to the deposit account of the bailiff department, distributed, transferred to the recoverer.”

Government services website

If you are registered on the government services website, you can check your debt here. The site shows debts not only by the bank of enforcement proceedings, but also by other databases: traffic police fines, tax debt, court debt.

You need to search in the relevant sections of the government services catalog (in the screenshot below I noted where to click). Traffic police fines are searched in the “Transport and Driving” section, tax debts in the “Taxes and Finance” section, court debts in the “Safety and Law and Order” section.

I will not provide instructions for searching for debts on the government services website, since everything there is quite simple and clear. If you still have questions, ask them in the comments.

The main advantage of the two above sites is that the check is absolutely free. The main disadvantage is that the information may be out of date, and the delay in updating data can be up to two weeks. That is, it is quite possible that the database on the FSPP website will show the absence of enforcement proceedings, but at the border they will tell you the opposite. And prove to the border guards that “I am not me and the fur coat is not mine.”

Service Nevylet.rf

The Nevylet.rf service was created for the same purpose. You will be able to assess the possibility of traveling abroad with debts and check the presence of debt by:

• Credits.
• Taxes (transport, land, property, etc.).
• Bailiffs.
• Alimony.
• Traffic police
• Administrative fines.

The formation of debt entails inevitable sanctions. One of them is a ban on traveling to another state. This measure is preceded by many other measures. First, the bank tries to influence the debtor in other ways. These are negotiations, phone calls, notifications. If these measures do not produce the desired effect, the creditor may appeal to the judicial authority. Enforcement proceedings begin, as a result of which travel abroad is prohibited.

This sanction is a way of putting pressure on the debtor. It is preceded by the person being blacklisted. It is a list of those banned from traveling.

Grounds for being included in the database of debtors restricted from traveling abroad

The grounds for being included in the list of those prohibited from traveling abroad are stipulated in the legislation of the Russian Federation. There is one condition for this - the presence of uncovered liabilities, the amount of which is more than 10 thousand rubles. Where possible, we have already written.

However, the penalty is taken only if the case reaches the judicial authority. The right to travel can only be restricted by bailiffs. If this is a pre-trial proceeding, neither banking institutions nor debt collectors can apply this measure of influence.

How do debtors get on the list under consideration? It is replenished if a case has been opened against a person, and the court has confirmed the defendant’s guilt. Enforcement proceedings begin, as a result of which restrictions on travel abroad are imposed. It is not always the case that a person has information that travel is closed to him. Sometimes information about this becomes clear only when the citizen plans to travel to another state.

If the ticket has already been purchased, the trip can most likely be considered invalid. Even if a person covers his debt immediately, a certain time must pass before information about him is removed from the list. Standard terms are 30 days.

It is better to check in advance whether you are included in the list in order to protect yourself from getting into trouble when crossing the border.

Types of lists prohibiting travel abroad

Is there really a special database that displays information about people not allowed to travel abroad? Such a bank actually exists, and it is divided into two formats:

• A list compiled by collectors and banking institutions;
• A bank created by bailiffs.

Banking institutions create private lists necessary for employees. This internal resource, information from which cannot be transferred to third parties. If private information is published in the public domain, debtors have the right to sue the bank, since this is a violation of the law on confidentiality and personal secrets.

What is it for? Such banks are a resource with credit histories of individuals. If a person with an outstanding debt and similar restrictions comes for a loan, bank employees will quickly discover unpleasant information about him, which will affect the decision to issue a loan.

The list of debtors compiled by bailiffs is a more serious problem for several reasons:

• This is evidence that enforcement proceedings already exist and are already being carried out against the person;
• Data from this bank is made publicly available. Any interested person can find out information that a person has been restricted from leaving due to an outstanding debt. To do this, you need a minimum list of data.

The debtor himself can obtain information from the FSSP database. To do this, he needs to go to the official resource of bailiffs. After this, he will be able to get information about whether he is allowed to travel abroad.

The right to travel can only be restricted by bailiffs.

Why are such checks necessary? They allow you to protect yourself from unpleasant surprises. This particular punishment is not always provided for debtors. This is just one of the sanctions. If you have a debt, but you do not know whether travel to other states is prohibited for you, you need to visit the FSSP website and check necessary information. This will allow you not to purchase hot vouchers that will simply disappear, and not to plan business trips.

How can I check if I have any travel restrictions?

If you want to find out whether you have been banned from leaving, you need to follow the following algorithm:

1. Go to the official resource of the bailiff service;
2. Select, in the appropriate column, your status - legal entity or individual;
3. Indicate the bailiff service that is located at your place of residence;
4. Indicate your full name;
5. Indicate the date of birth;
6. Click on the “Find” button.

Information about whether you are on the list of those banned from traveling can also be obtained directly - through bailiffs. However, this method has many disadvantages. The judiciary is overcrowded, which means you have to wait in line to get information. The institution operates on a specific schedule, which is inconvenient for people with a similar schedule in the service.

Accessing information via the Internet is the simplest solution. In just a few minutes you will learn the following information:

• Are you prohibited from traveling to other countries?
• Amount of debt;
• Start date of the trial;
• Sanctions imposed on the basis of outstanding obligations.

But these are not the only advantages that the site offers. On it you can not only find out the information you are interested in, but also immediately pay off your debt. After this, you must inform the bailiffs about the fulfillment of your obligations.

What is it for? This will speed up the process of removing you from the list of persons prohibited from traveling to other countries.

It is worth considering that funds to repay the debt do not immediately go to the bailiffs’ account. You'll have to wait anyway.

Is it possible to speed up the lifting of restrictions?

What to do if a travel ban has been issued against you, and you need to visit another state? The most basic way out is to pay off the debt, and the “doors” abroad will be open for you. However, this is not always possible as the debt may be large. Often a person simply does not have the means to pay it off immediately.

There is a more accessible way out. Those who are not allowed to travel can negotiate with a banking institution or bailiffs. The subject of negotiations is finding a compromise option for paying off the debt. This may be the provision of installment plans by the lender. Both parties agree that the debtor will pay certain amounts per month. The collector, in this case, can cancel his demand that the debtor be prohibited from traveling to other countries.

Most often, restrictions on traveling abroad are lifted after the debtor has made several payments and has not violated the terms of the contract.

The lifting of the travel ban may be due to valid reasons. For example, such a reason is the debtor’s work, which requires him to visit other countries. A respectful reason is considered by the claimant. He may compromise, and information about the person will be removed from the list. But this option is not always possible. The creditor may refuse. In this case, the debtor will have to resolve the issue of further continuation of work related to travel and flights.

A ban on traveling abroad is one of the sanctions applicable to debtors.

Another option related to the lifting of restrictions without covering the debt is to wait until the court proceedings are over. It can be completed if the debt is considered hopeless. However, this is only a theoretical option and is not very feasible in practice.

How the legal procedure for banning travel abroad is carried out, watch in this video:

When the enforcement proceedings are completed, the travel ban and other sanctions will indeed be lifted automatically. But you will have to wait for this for at least a year. During this time, all means of influence will be applied to the debtor, including seizure of accounts, real estate, property with their subsequent sale. For this reason, the easiest way to go abroad if you are on the list of defaulters is to pay the debt or get it in installments.

Russian citizens may be prohibited from traveling abroad. This measure adopted by authorized bodies for various purposes, but the most common reason for establishing a ban is the evasion of debtors from fulfilling obligations. Many people do not pay off their debts, forgetting about their existence, and therefore, before planning a trip abroad, everyone should check whether they are subject to a ban on crossing the Russian border. Unfortunately, not many people know how to find out if there is a ban on traveling abroad in 2019.

The head of the Ministry of Internal Affairs of Russia, Vladimir Kolokoltsev, has approved a list of countries where employees of the Ministry of Internal Affairs are allowed to travel in 2019. The list lists 13 states that are considered safe for police officers. Among them: Vietnam, Cuba, China, Abkhazia, Azerbaijan, Armenia, Belarus, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan and South Ossetia. According to the approved list, civil servants can also go on vacation. I would like to recall the fact that Russian police officers were prohibited from going on vacation in the spring of 2014 due to the international political situation.

Grounds for banning travel abroad

Current Russian legislation provides for a number of cases when residents of the country may be restricted from traveling abroad. This may be due to the person belonging to special categories of citizens or because the authorities suspect him of trying to avoid responsibility and obligations.

The restriction on travel abroad for debtors is temporary. Moreover, in the case of unfulfilled obligations, debts not only to the state, but also to legal entities and individuals are important.

A refusal to provide the opportunity to travel abroad may result from the absence of any significant documents or the indication of deliberately false information in them. also implies compliance with certain requirements, if violated it will be impossible to leave the country.

Categories of persons subject to a ban on traveling abroad

The list of persons for whom travel abroad of the Russian Federation may be temporarily restricted is given in the text of Federal Law No. 114-FZ of August 15, 1996 “On the procedure for leaving the Russian Federation and entering the Russian Federation.” Among those who are prohibited from traveling abroad are the following categories of citizens:

• declared insolvent (bankrupt);
• employees and workers in the FSB;
• those who knowingly provided false information about themselves when preparing documents for traveling abroad;
• those convicted of a crime;
• suspected of committing a crime or brought as accused in accordance with the criminal procedural legislation of the Russian Federation;
• or sent to alternative civil service;
• admitted to top secret data and information of special importance and concluded employment contract, prohibiting temporary departure from Russia.

Let's look at each case in more detail and figure out what conditions must be met in order for the restriction of the right to leave to be imposed legally.

Servants and employees of the Federal Security Service

Persons who have provided false information about themselves

If, when checking the documents required to travel outside Russia, information is discovered that does not correspond to reality, the person’s rights to travel abroad are limited for providing false information about himself. When filling out papers, all citizens sign for the authenticity of the data they provided, and therefore it is not possible to prove the absence of malicious intent.

Persons with debts and unfulfilled obligations

The most common reason why Russians cannot travel abroad is evasion of obligations imposed by the court. The procedure for imposing a temporary restriction on debtors traveling abroad is set out in the text of Article 67 of the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings”. Citizens may intentionally or through carelessness fail to pay off debts for:

• payment of taxes and fees;
• payment of utility bills;
• traffic police fines;
• credits and loans;
• payment of alimony.

A restriction on a person’s travel outside Russia may be imposed if the following conditions are simultaneously met:

1. There is an executive document (a judicial act or a document issued on its basis) indicating the reasons for the restriction on travel.
2. A copy of the decision was handed over to the debtor himself and to an employee of the border service and the territorial tax authority no later than the next day from the date of the decision.
3. The judicial act entered into legal force (the existing complaints were rejected, the deadline for appealing expired).
4. The writ of execution is not expired: at the time it was submitted for execution, the three-year period from the date of entry into force of the judicial act had not yet expired.
5. The writ of execution does not imply the fulfillment of property obligations or the amount of debt under this document exceeds 10,000 rubles.

If the claimant decides to file an application, a restriction on the debtor’s departure may be imposed at the same time as the commencement of enforcement proceedings, regardless of whether the latter fulfills his obligations or continues to evade them. The decision may also be issued before the deadline established for voluntary execution has expired.

In such cases, the restriction on traveling abroad will be lifted only when:

• obligations will be fulfilled in full;
• the parties reach an agreement;
• enforcement proceedings will be terminated;
• the proceedings on the case will be completed (if the end of the proceedings on the case is associated with its transfer to another division of the bailiffs, the order not to leave may continue to be in effect).

In all of the above cases, the bailiff issues a ruling according to which the citizen is no longer restricted from traveling outside the country. The document indicates that the citizen’s obligations have been fulfilled; if they were not fulfilled, a reason will be indicated, which must be valid. The travel ban will be finally lifted on the day when the resolution is received by the Border Control Department of the Border Service of the FSB of the Russian Federation.

Suspected of committing a crime, brought as an accused, convicted

Citizens are suspects if one of the following cases occurs:

• after an investigation, a notification was received that a person was suspected of criminal acts;
• preventive measures were applied;
• the person was detained on suspicion of criminal acts;
• a criminal case was initiated.

Citizens are recognized as accused if:

• there is a resolution to charge a person as an accused in the case;
• Based on the results of the investigation, there is an indictment.

Convicts have the right to leave the Russian Federation only if they were released from punishment for any legal reason. Parole does not give the right to travel abroad, despite the fact that the punishment itself was avoided. The same applies to persons sentenced to probation. You can find out more about this.

Conscripts and those called up for alternative civilian service

Representatives of the male part of the Russian population may be limited in leaving the country from the date the draft commission makes a decision on their conscription military service or about referral to alternative civilian service.

If a person of military age is not in the reserves, he can be called up for service in the periods from October 1 to December 31 and from April 1 to July 15. The following cannot be restricted in leaving Russia:

• men of military age who have received a deferment or exemption from conscription;
• contract employees who have permission to travel from their command.

Persons admitted to state secrets

Only citizens who have access to state secrets of the “special importance” and “top secret” degrees are allowed to restrict their travel abroad. The third degree - “secret” - does not give the right to establish a requirement not to leave, unless there are other grounds for this.

Access to a secret should not be formal - the person must actually be familiar with the contents of the secret. The fact of signing an employment agreement or contract does not matter - the law allows for restrictions on the right of a citizen to leave even in the absence of the specified documents.

In order not to find out at the last moment whether travel abroad is closed by the border guards when everything is ready for the trip, it is better to use all available methods of checking debts before planning a trip abroad, especially since citizens have the opportunity to check debts for free online.

Where and how can you find out if there is a ban on traveling abroad?

Online checking of the ban on traveling abroad through the official website of the Ministry of Internal Affairs is impossible. It is possible to find out through this department about the presence or absence of a ban on crossing the country’s border only if a person applies for it. If a restriction has been imposed, the document will not be issued to him at the Main Department of Migration of the Ministry of Internal Affairs (formerly the Federal Migration Service).

Many commercial Internet resources offer checks for the presence of a name on the list of persons prohibited from traveling abroad, but entrepreneurs are not given access to the Border Service database, and therefore information on unofficial sites cannot be trusted. You can check the ban on leaving Russia for free only through official sources.

People know that they belong to special categories of citizens for whom travel abroad is restricted. There remain citizens who doubt whether they have the opportunity to leave Russia due to unfulfilled obligations. In such cases, you can personally contact the nearest tax office and obtain information about debts to the state.

In the territorial branch of the Federal Bailiff Service, you can find out whether a case has been initiated against the citizen who applied. Even if the paperwork is ongoing, you can find out whether departure is allowed, since there may not be a protocol on the imposition of a temporary ban.

You can find out whether the ban on leaving Russia has been lifted from you after you have paid off your debts and fulfilled other obligations from the Border Service. Temporary restrictions on the right to travel abroad are imposed by the bailiff. A copy of his decision will be received by the FSB Border Service, after which the debtor’s data will be included in the database of “restricted” citizens.

When the obligations are fulfilled and there are no other grounds for restricting travel abroad, the bailiff closes the enforcement proceedings and again sends the resolution to the FSB, this time to lift the ban. Only then is the information removed from the database and the citizen is able to cross the Russian border.

To make sure that after paying your debts you have been removed from the database, before planning your trip you should contact the FSB:

1. Open the official website of the FSB, go to the section “ Government services”, then to “Consideration of appeals and requests”.
2. Select the “How to Receive” tab and click on “Web Reception”. Specialists can respond within 30 days.

Checking the ban on traveling abroad can be done online in three ways:

• through the official Internet resource of the FSSP;
• through the official website of the Federal Tax Service;
• through the State Services portal.

How to check a travel ban through the FSSP website

The official website of the FSSP does not provide electronic services for checking citizens for a ban on leaving Russia. The maximum that can be done is to leave a request at the Internet reception, but you will have to wait up to 30 days for a response. But here you can see whether a person has outstanding debts or other unfulfilled obligations established in court. It will take a couple of minutes to clarify these circumstances, so this method is suitable for those who urgently need to know about the ban on leaving.

Follow the procedure below:

1. Open the official portal of the Federal Bailiff Service. You will see the “Find out about your debts” form. In the empty line, enter your last name (be careful with the letters “e” and “e”), first and patronymic, or individual entrepreneur number in the specified format. Select the appropriate territorial authority from the drop-down list.
   
2. Another form will open in which you can search by database of individuals and legal entities, as well as by individual entrepreneur number. You don’t have to enter the middle name and date of birth, but then all namesakes will be selected, so it’s better to immediately provide all the requested information.
   
3. Click the “Find” button and the download will begin. Then a table called “Data Bank of Enforcement Proceedings” will appear above the form you filled out - this means that there are enforcement proceedings against you.
   
4. Or you will see the message “Nothing was found for your request” - in this case, you have no unfulfilled obligations and you can leave the country at any time.
   

How to find out about the presence or absence of debts on the Federal Tax Service website

Previously, any citizen who knew his individual taxpayer number (TIN) could use the service of the official website of the Federal Tax Service. IN this moment Registration on the portal is possible only after personal appearance at the tax office.

You can contact any branch of the Federal Tax Service, not necessarily at your place of residence. The service employee will ask you to fill out a form, after which the applicant will be given a temporary password to register in the system.

When the registration procedure is completed, you must set your password. You can also log into your personal account using your State Services portal account, key electronic signature, account Unified system identification and authentication (ESIAT).

Now that you know your username and password, you can check your outstanding taxes and fees:

or here:

Checking the travel ban through the State Services website

You can also check whether travel abroad is limited through the popular Internet resource State Services. The portal is available to registered users. Here you can find out simultaneously about the presence or absence of debts to the tax service, as well as about the initiation of enforcement proceedings.

If you need to find out if you have unpaid taxes or fees, follow these steps:

1. Log in to your personal account. On the page that opens, find the button labeled “Check tax debts” and click it.
   
2. Read, if necessary, information about the requested service, then click the “Get service” button.
   
3. Next, you will see a notification about the need to enter personal data that will be required to search for information in the Federal Tax Service database. Check the box next to “I Agree.”
   
4. Click “Next”.
   
5. In the window that opens, you will be asked to enter the taxpayer’s details - TIN, last name, first name (patronymic - optional), and also select your region of residence from the drop-down list.
   
6. It is possible to search for all or several regions, but it is better to specify the subject of the Russian Federation. The form has the ability to search for a region by the first letters - start typing a word and you will be offered options.
   
7. When you finish entering the data, click “Submit Application”.
   
8. There is no need to specify anything else - the search result will be presented on the page that opens. All data that does not constitute a tax secret will be displayed on the computer screen.
   

For what period is the restriction imposed?

The time period during which citizens cannot travel abroad is established by the above-mentioned law banning travel abroad. They depend on the reason for imposing the restrictions.

In any case, the person will receive a notification from federal body executive power in the sphere of internal affairs (or its territorial body) indicating the grounds and time of restriction. The document will also indicate the date and registration number of the decision to impose a travel ban, the name and legal address of the department from which the initiative for the restriction came.

Category of citizens for whom it is impossible to travel outside the territory of the Russian Federation	Duration of the restriction on traveling abroad
Persons who have access to top secret data and information of special importance and who have entered into an employment contract stipulating their temporary abstinence from traveling abroad.	The period of time specified in the employment contract. The validity period of the restriction cannot be more than 5 years from the date of the last acquaintance with classified information. The period may be extended by the Interdepartmental Commission, but should not exceed a total of 10 years, including the period established by the employment contract.
Persons called up for military service or sent to alternative civilian service.	The period of military or alternative civilian service.
Persons suspected of committing a crime or charged as an accused in accordance with the criminal procedure legislation of the Russian Federation.	The period before a decision is made in a case or a court verdict enters into legal force.
Persons convicted of committing a crime.	The period until release from punishment or the entire period of serving (execution) of the sentence.
Persons who evade fulfillment of obligations imposed on them by the court.	Until the obligation is fulfilled in full or until the parties reach agreement.
Persons who knowingly provided false information about themselves when preparing documents for traveling abroad.	The time during which the authority issuing the document will resolve this issue. The period should not exceed one month.
Persons who serve or work in bodies federal service security.	Period of validity of the employment contract.
Persons declared insolvent (bankrupt).	The period before the arbitration court issues a ruling on the termination or completion of bankruptcy proceedings (including when a settlement agreement is reached).

The ban on leaving Russia is valid for six months. If after 6 months there are still grounds to keep the citizen in the country, the restriction will be extended for a similar period. The process will be repeated until the grounds for the ban no longer exist.

After the corresponding decision to cancel travel abroad is adopted, it is sent to the Border Service. The ban will be finally lifted when the order is received and based on it the name of the debtor will be deleted from the database. The process may take 1-2 weeks.

In the case of debtors this period the following events will occur:

• the funds will be transferred to the Social Insurance Fund account;
• enforcement proceedings will be closed;
• information about repayment of debt and lifting of the travel ban will be forwarded to the Border Service;
• the debtor's personal data will be deleted from the database.

Presenting payment receipts and any other supporting documents to border control officers will not help you leave Russia faster - the border guard is not authorized to accept such documents from individuals, and the citizen will still not be allowed to go abroad.

How can the ban on traveling abroad be lifted?

There are no difficulties with restrictions on the travel of special categories of citizens - the reasons for including those “restricted to travel” in the database are clear. If a ban on traveling abroad applies to a person who has debts, you can leave the country at any time as soon as the enforcement proceedings are closed.

The ban may be lifted on the following grounds:

• the citizen's debt was fully repaid;
• the debtor received an installment plan or deferment of debt payment;
• the debtor and the claimant came to a peaceful agreement;
• the judicial act, after the issuance of which enforcement proceedings were initiated, was canceled.

To be completely sure that the travel ban is lifted, the following steps must be taken:

• contact the bailiff, meet with him and present a photocopy of the receipt for payment of the debt;
• take from the bailiff a photocopy of the resolution lifting the ban on leaving Russia (must be certified with the signature of the senior bailiff and a seal with the coat of arms);
• request information about sending a copy of the decision to the Central Division of the Border Service and the waiting period for the lifting of the travel ban.

If a citizen is sure that he has been unfairly assigned debts and that he has always paid his bills on time, he has the right to challenge the ban on leaving the country in the Main Department of Migration of the Ministry of Internal Affairs or in court. You can write a complaint to the prosecutor through the official website of the regional prosecutor's office.

If a refusal to issue a permit to cross the border was received by a person who has access to state secrets, he can file a claim with the court at the level of the constituent entity of the Russian Federation at the place of issue negative decision. Military personnel who wish to challenge the command’s decision regarding the issuance of permission to travel abroad can appeal to a military court.

Conclusion

In order not to spoil yourself or disrupt other plans related to traveling abroad, you should be careful about the timely fulfillment of obligations to government bodies, individuals and legal entities. Debts to the state will be discussed in official letters from judicial and tax authorities.

Information can be clarified by using one of the authorities’ online resources for free. state power. This is the only way to be sure that there are no unpaid bills. If payments have been made, but there has been no confirmation of payment, you can always notify the concerned authorities about the repayment of the debt.

How to avoid a ban on traveling abroad: Video

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