How to check whether there is a ban on traveling abroad - find out online whether you are traveling or not. What kind of debts will they not let you go abroad with? How long are travel abroad restrictions?
A good way to influence a malicious debtor is to restrict departure from the Russian Federation. Many people now travel abroad for vacation or work. Therefore, the prospect of losing vacation or disrupting important business plans can stimulate the debtor to promptly repay the debt. And sometimes an unpleasant surprise can await him right at the border. The procedure for establishing a ban on leaving the Russian Federation by bailiffs is regulated by Article 67 of the Federal Law “On Enforcement Proceedings”.
When can bailiffs prohibit a debtor from traveling abroad?
- The debtor is a citizen or individual entrepreneur. If the debtor is a company, it is impossible to prohibit its director, employee or founder from leaving the Russian Federation for the company’s debts.
- The deadline for voluntary compliance has expired, established by the bailiff. It is prescribed in the resolution to initiate enforcement proceedings, usually 5 days from the date the debtor receives this resolution.
- The debtor has no valid reasons for failure to comply with the decision. Their full list is not disclosed in the law.
- The amount of debt is more than 10 thousand rubles(for alimony debts, compensation for health damage, loss of a breadwinner, property and moral damage caused by a crime, as well as for any debts not fulfilled within 2 months) or more than 30 thousand rubles for other types of debts. According to writs of execution with demands of a non-property nature (to oblige the debtor to do something, for example, to vacate the occupied premises or to transfer some thing), a travel ban can be established regardless of the amount.
- The writ of execution was issued on the basis of a judicial act or is itself a judicial act(for example, this could be a writ of execution, a court order, a court ruling in an administrative case, etc.).
By the way:
If the debtor has several small debts, each of which does not exceed the established limits of 10 and 30 thousand rubles, he may still be prohibited from leaving. To do this, the total volume of unfulfilled debts under consolidated enforcement proceedings must exceed these limits. This is explained in the resolution of the Plenum of the Supreme Court of the Russian Federation No. 50 of November 17, 2015, paragraph 48.
How to force the bailiff to restrict the debtor from leaving the Russian Federation?
The bailiff may prohibit the debtor from leaving the Russian Federation on its own initiative or at the request of the claimant. You can state your request to restrict your debtor from leaving the country in your document, which you submit to the OSP along with a writ of execution to initiate proceedings. If proceedings have already been initiated, you can submit to the bailiff. The application can be presented to the bailiff at a personal reception against signature on your copy of the application (including through the office of the bailiff department) or sent by registered mail with acknowledgment of receipt.
Within 10 days from the date of receipt of your application, the bailiff is obliged to issue a ruling on a temporary restriction on the debtor’s departure from the Russian Federation. This resolution must be approved by the senior bailiff for the OSP or his deputy.
If there are no grounds for issuing a travel ban (for example, the amount of debt is less than 10 thousand rubles), then within the same period the bailiff issues a decision to refuse a temporary travel restriction. If desired, the claimant can appeal this decision to a higher bailiff (chief of the OSP) or in court.
Attention:
The restriction on leaving the Russian Federation for the debtor is established temporarily, that is, the bailiff’s resolution will indicate a specific period of the ban on traveling abroad. If this period has expired and the debt to you has not been repaid, you can again ask the bailiff to establish a travel restriction for the debtor.
Bailiffs are required to send a resolution on a temporary restriction on leaving the Russian Federation to the debtor himself, to the territorial division of the Federal Migration Service of Russia, as well as to the border authorities.
Travel ban for non-judicial debts
When a writ of execution was not issued on the basis of a judicial act (a resolution of the tax inspectorate, a pension fund on the collection of taxes, contributions, a resolution of the traffic police on administrative matters, etc.), the debtor can still be prohibited from leaving the Russian Federation. To issue a ban on leaving the Russian Federation for non-judicial debts bailiffs or the collector himself it is necessary to specifically apply to the court. Applications to restrict a debtor from leaving Russia can be considered by courts of general jurisdiction and arbitration courts, depending on the basis of the decision of which court the enforcement proceedings were initiated.
The court in each case individually decides for how long it is necessary to restrict the debtor’s right to leave the Russian Federation, but cannot issue a ban longer than for the period specified in the application of the bailiffs or the collector. To issue a travel ban through the court, general debt limits are applied (10 and 30 thousand rubles).
How to find out if there is a ban on leaving the Russian Federation from bailiffs?
Bailiffs do not have an open, publicly accessible database of bans on leaving the Russian Federation. Therefore, collectors and debtors can find out about the existence of a travel ban through a personal visit to the bailiff department, or by receiving a bailiff’s resolution by mail on a temporary restriction on leaving the Russian Federation.
Debtors on the eve of leaving the Russian Federation can additionally check themselves using official debt databases:
- The FSSP Enforcement Proceedings Data Bank is data on all debts handled by bailiffs. If the amount of debt falls within the limits for a travel ban, a ban may well be established. You will have to check its availability personally with the bailiffs themselves. In theory, they send the debtor a prohibition order, but it may not reach you by mail promptly. If the bailiffs’ website contains data on completed enforcement proceedings, the bans on them should already be lifted.
- The bailiffs will have to lift the ban within the next day after the date of payment. Therefore, a debtor who is going to leave the Russian Federation needs to leave a reserve of time (1-2 weeks), bring the payment receipt to the bailiff himself, and be sure to obtain a decree lifting the ban on leaving the Russian Federation (take it with him to cross the border). Data exchange between bailiffs and the FSB is electronic; The bailiffs themselves receive data on payments to the budget from the GIS GMP (state information system on state and municipal payments). However, no one is immune from possible mistakes, so it’s better to play it safe and do everything yourself in advance.
Russia is overwhelmed by another lending boom. According to the Central Bank of the Russian Federation, the debts of the country's residents to banks over the past year increased by 22.8% and reached 14.9 trillion rubles. At the same time, the share of Russians whose border was closed due to debt set one record after another. In some months, the list of those banned from traveling abroad grew to 5 million people, journalists reported with reference to the Federal Bailiff Service.
To ensure that your cheap air tickets don’t get burned and your vacation doesn’t end at passport control at the airport, you should assess the risks in advance and check to see if you’re on this list. The Airinme.com website has collected up-to-date information for everyone who has loans and is planning a vacation abroad.
In what cases do you risk falling into the category of being restricted from traveling abroad?
Firstly, borrowers whose debt exceeds 30 thousand rubles can get on this list. The second mandatory condition is that only a bailiff can recognize a debtor as prohibited from traveling abroad on the basis of a court order. Neither banks, nor microfinance organizations, nor collectors can do this - they only have the right to go to court after 3 months of delay in payment of a loan or loan.
It is also worth considering that the loan debt itself may be less. When deciding whether to blacklist you, bailiffs summarize all your debts, including unpaid fines, utility debts and taxes. If you have a debt for alimony, then the minimum threshold is even lower - 10 thousand rubles.
It is worth finding out in advance whether enforcement proceedings have been initiated against you. This is quite easy to do. Here are the two simplest and most popular methods:
Check for debts on the bailiffs website. Here you need the “Data Bank of Enforcement Proceedings” service. Just enter your full name and date of birth - and the system will provide information about all debts in respect of which enforcement proceedings have been initiated. Moreover, the functionality of the service allows you to pay for them immediately.
The second way to check the presence of debts is the government services website. Moreover, on the portal you can check not only court cases, but also traffic fines and tax debts. But there is a prerequisite here - you must be registered and authorized on the site. This may take some time.
You should not relax if there is arrears on a loan or loan, but you have not found yourself in the bailiff system. Perhaps at these moments a trial is taking place or a decision has just landed on the bailiff’s desk. In order to completely eliminate the unpleasant outcome of events, it is advisable to contact your lender. This can be done online (in your personal account in the Internet banking system if the appropriate functionality is available) or in person with your passport and a copy of the loan agreement.
And the last recommendation - do not delay paying your debt if you find yourself on the list of people not allowed to travel. The bailiff will lift the ban from you only after the funds have been received and transferred to the account of the claimant. It is optimal to do this one or two weeks before the trip.
There is some good news. In the future, the debt minimum on loans and fines for declaring a debtor prohibited from traveling abroad may increase. Deputies proposed doubling this amount - to 60 thousand rubles. But for now this is just an initiative. Those who are going on vacation in the near future will have to rely on the existing threshold of 30,000. So look for cheap flights, book hotels, pack your bags, but don’t forget about your debts.
There is one reason that can completely ruin your plans for a holiday abroad, and this is the announcement that you are not allowed to travel abroad due to debts. Therefore, the question “How do I know if I will be allowed to go abroad with debts?” worries many.
Unpaid fines, taxes, debts for apartments and loans - all this is not so uncommon, and they do not always become a good reason for a ban on traveling abroad. Below we will tell you what amount of debt can put your holiday at risk, what types of debts are especially dangerous in this regard, under what conditions the ban begins to apply, and most importantly, how to find out online whether you have debts that could cause you don't let him go abroad.
Conditions under which people are not allowed to go abroad due to debts
What kind of debt you have and what its amount is secondary in the matter of traveling abroad. The only condition under which you can be detained before crossing it is enforcement proceedings initiated against you by a bailiff, as a result of which you appear in the debtor database, and you a ban on leaving the country is imposed. You will most likely find out about the existence of such enforcement proceedings in advance, since they are initiated by a court decision. This means that the court has heard a case about collecting a debt from you, and you have been sent a summons to appear in court.
But there are also pitfalls here. For example, even if you did not respond to the subpoena, the court could make a decision without your presence. In addition, if you have outstanding debts, enforcement proceedings may be initiated right before you leave abroad, which you will find out about when it is too late to do anything.
With what debt are they not allowed to go abroad?
If we are talking about outstanding fines, loans, apartment debt or housing and communal services debts, then the amount of debt with which they will not be allowed to go abroad is 30 thousand rubles.
In some special cases, the limit for not leaving with a debt is reduced to 10 thousand rubles. First of all, this applies to situations where you were obliged to compensate for material, moral or physical damage. The same rule applies in case non-payment of alimony.
On the other hand, there are situations where even a debt amount of 30 thousand is not always an obstacle to crossing the border. If we are not talking about alimony or a crime you committed, in some cases you may continue to be considered a foreigner. Therefore, even if you have fears that you will not be released because of debts, do not despair. To get started you need check if you are in the debtor database or not. Below we will tell you how to do it yourself.
Ways to find out online whether you are considered restricted from traveling abroad
At the moment, there are two ways to find out whether you have been subject to enforcement proceedings, and they differ significantly in the amount of useful information that they can provide.
Request to the database of enforcement proceedings
The first method is official, and it consists of accessing the database of enforcement proceedings on the website of the Federal Bailiff Service (FSSP) of Russia. You indicate the region of your registration, full name and date of birth, and you will be given information on enforcement proceedings initiated against you, both closed and active.
This service is completely free, but you need to take into account that it is updated with a delay of up to two weeks. The information it shows is not always up to date, and you may well already be in the debtor database, while the site continues to claim that you are fine.
Online request at Nevylet.rf
In a much more reliable and informative way check whether you are prohibited from traveling abroad due to debts, is the service Nevylet.rf.
This is a paid service, accessing which will cost 299 rubles, and you will have to provide information about yourself in a little more detail. In particular, the series and number of your passport are required for verification. But the advantages of Nevylet.rf are obvious.
Firstly, you will receive the most up-to-date information on debts and enforcement proceedings brought against you. Even if you just found yourself in the database of people restricted from traveling abroad, the service will report this.
Secondly, this information will be more detailed, and you will be notified of outstanding loans, unpaid fines and other existing debts, even if they did not entail a court decision on collection. This is what the debt report provided by the service looks like (click to enlarge):
Example of a debt report for traveling abroad
Thirdly, if debts that jeopardize your travel abroad, you will still find it, this service will provide you with further instructions on how to pay for them. Moreover, in many cases you can make such a payment directly through him.
Regardless of which online service you use to find out about your debts, it is better to do this in advance, about two weeks before the expected departure date. In this case, you will have time to take action and remove yourself from the debtor database before your presence in it disrupts your vacation plans.
If the amount of your debt does not exceed 30 thousand rubles, and your debts are not related to damages or alimony payments, it is not necessary to pay them off before going abroad. The likelihood that they will become an obstacle at customs is extremely low. Still, it’s better to play it safe and pay off your debts to avoid unpleasant surprises.
If the amount of debt is above 30 thousand rubles, and especially if enforcement proceedings have already been initiated against you, this most likely means that You already you are in the database of those restricted from traveling abroad or you will find yourself in it very soon.
Such a debt must be paid, and after payment it is advisable to obtain a copy of the resolution from the Federal Bailiff Service stating that enforcement proceedings against you have been terminated.
You cannot pay debts at the airport before departure!
Updating the debtor database does not happen quickly; it usually takes from 2 to 14 days. Therefore, it may turn out that you will be stopped at the border even with repaid debts. It is in this case that a copy of the resolution will come in very handy.
Unfortunately, even if you have a copy of such a resolution, border guards may insist that if your full name is in the database of those prohibited from traveling abroad, then you will not go abroad. Exactly because of this reason worry about paying debts costs in advance, ideally - 15 days before departure.
You can usually pay off any debts at the bank using a receipt. Also, for some types of debts, a similar opportunity is provided
Which categories of citizens are prohibited from traveling abroad due to work, debts or problems with the law in 2020.
Since 2014, the government began to issue decrees that restrict certain categories of Russian citizens. They continue to operate in 2020.Law enforcement bans
As a result of illegal actions, an investigation begins and a criminal case is initiated. A citizen may be a suspect or an accused. He is subject to restrictions on traveling abroad. The ban may be lifted by court decision.
Travel is prohibited only for the suspect or accused. No restrictions are imposed on the victim or other participants in the process.
When can you go abroad after serving your sentence?
From the date of the announcement of a guilty verdict until the removal of a criminal record, a citizen is considered to have been convicted. A criminal record is cleared through:
- 3 years (for offenses of minor and medium gravity);
- 8 years (for serious crimes);
- 10 years (for crimes of special gravity).
If the punishment did not include imprisonment, you can leave after 1 year. For persons sentenced to probation, it is possible to travel outside the Russian Federation after the expiration of the probationary period. You can have your criminal record expunged earlier through the court.
Read about the rules for traveling abroad for Russian citizens with a criminal record.
Can a conscript leave the Russian Federation?
As soon as the decision to draft is made, the citizen is prohibited from traveling abroad. This also applies to alternative services.
- contract soldiers who can travel if the place and purpose of the trip are agreed upon with their superiors;
- young people of conscription age during the period of deferment or exemption from conscription.
Conscripts in Russia
If there is a need to continue studying abroad, you will need a certificate from the military registration and enlistment office, a registration certificate, and a military ID.
Can debtors travel abroad?
In 2008, the FSSP acquired the right to impose restrictions on leaving the country for citizens with debts on loans, taxes, and alimony. The minimum amount of debt is 30 thousand rubles. All debts of a citizen that are collected through bailiffs are counted. Debt below this amount does not become an obstacle to traveling abroad.
In 2018, the number of people restricted from traveling abroad exceeded 900 thousand. In 2020, this figure may be even higher. Therefore, before traveling abroad, you should check your debts on the website:
To avoid joining the blacklist, you need to consider the following points:
- A decision on a travel ban is valid only if there is a judicial act that specifies information about the citizen’s obligations.
- The act must be drawn up less than 3 years before the expected departure date.
- The time limit for his appeal has expired.
- Copies of this act are available in the territorial bodies of the Russian Ministry of Internal Affairs for migration issues, in border authorities and at the debtor.
Court order restricting exit from the country
The presence of debts and the ability to travel abroad can be checked in.
Video: checking the ban on traveling abroad
Reporting false information
If a citizen, when filling out documents, provides false information about himself, this gives the state the right to ban him from leaving the Russian Federation for 1 month. If during the inspection new facts are discovered that impose restrictions, the deadlines are revised according to the new information.
In what cases can an FSB employee travel abroad?
Until the end of his service in the State Security Committee, there is a ban on crossing the border of the Russian Federation. On December 16, 2019, changes to Federal Law No. 114 concerning FSB employees came into force. Now the travel ban for them is valid for 5 years after dismissal from public service. The news was published on the official legal information portal.
If a trip abroad is necessary, the employee submits a report 3 months before the expected departure, which is reviewed by an authorized person. If there are compelling circumstances (the need to visit seriously ill parents, acceptance of an inheritance, the need for treatment, etc.), the question of whether departure is possible is decided.
What is a state secret and who knows it?
By order of the Ministry of Foreign Affairs of the Russian Federation dated November 17, 2008, there are restrictions on traveling abroad for citizens with access to state secrets.
State secret is information that is protected by the state. This information may relate to different areas: military, intelligence, foreign policy, operational investigative and economic activities.
The dissemination of this information may harm the interests of the state and jeopardize its security. Their complete list of such information was approved by the President of the Russian Federation in 1995 No. 1203.
Access to information of “special importance” means that the holder of such knowledge is prohibited from traveling outside the country. Permission to access information classified as “top secret” makes it possible to cross the borders of the Russian Federation in special cases, which are approved on an individual basis. Press service employees usually have the lightest degree of secrecy (“secret”). They can leave with prior notice from management.
5 years after the last contact with information constituting a state secret, you can freely travel abroad again. This period may vary. It increases to 10 years for individual citizens by decision of the commission. The period may be shorter if this is specified in the employee’s employment contract.
Hello, dear travelers. Today we will talk about situations related to traveling abroad with debts and restrictions. The situation is complex and unpleasant, almost every day Russians are faced with the problem of traveling abroad, while the state does not provide a convenient online service to check the presence or absence of restrictions, all that we can check quickly and without leaving home is enforcement proceedings (IP) on website of the Federal Bailiff Service of the Russian Federation (details about checking individual entrepreneurs) or on the website of the State Services.
Of course, in an ideal world, each of us should know about our debts and restrictions, but we live here and now, where a postal notification may not arrive for a completely variety of reasons, an employee of the bailiff service may simply forget to send a notification, and a payment paid on time get lost in the banking jungle. And here is the airport, we go through border control and get a refusal... How many of you are ready for this? I think there are practically no such people, with rare exceptions. Let's look at all these and other questions in order.
Important:There is NO online service for checking restrictions!
The presence of restrictions when leaving Russia is checked by the Border Service of the FSB of the Russian Federation
Crossing the Russian border involves control - inspection by border guards and customs officers. Customs looks after the transported cargo and money; they are not at all interested in your debts. The question of whether to travel or not falls within the competence of the border guards, who, in turn, act on the order received from the bailiffs on the temporary restriction of travel. Then the problem of debt can become a problem of traveling outside the homeland.
Having debt does not mean there is a restriction on travel
As you can see from user messages on our Forum and other resources, people very often confuse debts with restrictions. Of course, there are no restrictions on leaving without debt (with the exception of prohibitions not on debt issues), while the mere presence of debt does not in any way mean the presence of restrictions. Even if you have an active enforcement proceeding and you see it on the Russian Federation website, this does not mean that a travel ban has been imposed on you.
How to check debts and travel restrictions?
In this article I will not consider in detail how to check debts; this is described in detail in the online services section. To briefly describe this issue, you can check your debts on the State Services website (if you don’t have an account yet, you can read the detailed instructions on how to register an account on the State Services), I also advise you to look at the presence or absence of enforcement proceedings (IP) on the website. As I wrote above, There is no online service for checking travel restrictions!!! Remember, there are various sites on the Internet where you can be offered to check restrictions for money, as a rule, these are just scammers who will take your money and will not help you in any way. And of course, the mountains of rubbish in the search results of the RuNet are full of articles that confuse the concepts of “Debt” and “Limitation”. All you can check is the presence of debts and individual entrepreneurs.
Grounds for restrictions on travel abroad
Restrictions on traveling abroad are imposed only if the following grounds exist:
- There is enforcement proceedings based on a court decision and writ of execution or the court decision itself indicating the obligations imposed on the citizen;
- The court decision must enter into legal force (it is not in the process of appeal and cannot be appealed);
- The writ of execution must be valid and presented in accordance with the law, within 3 years from the date of entry into force;
- The amount of debt in enforcement proceedings is more than 10,000 rubles, with the exception of certain categories of debts, where, in accordance with the new law that entered into force on October 1, the amount of debt must exceed 30,000 rubles;
- The debtor evades the requirement to make payment on time without a valid reason.
In the absence of at least one of the above conditions, the legality of the restriction on travel abroad can be challenged.
Important: Alimony debtors, citizens who owe compensation for damage caused to health or due to the death of the family breadwinner, as well as in connection with property damage or moral harm, as before the adoption of the new amendments, may be restricted from traveling abroad with a debt amount of 10,000 rubles
A limitation for a period of 6 months can be established either at the initiative of the bailiff or at the request of the claimant, provided that the debtor voluntarily did not fulfill the requirements for payment of the debt within a 2-month period. When imposing a ban, the bailiff is the executor is obliged to send a notice of travel restriction, to the permanent registered address of the debtor, or to the known address of his residence.
Important: The period of 6 months for which the travel restriction is issued is counted from the date when it was issued by the bailiff (and not when this decision reaches the border guards).
Excerpt from the forum regarding the presence or absence of information about debts on the FSSP website:
Traveling abroad with debts without breaking the law!?
Let's consider the option when the bailiff handed over the order and you signed for receipt, it seems that everything is according to the law, but you have to go, and you have tickets in hand. Nothing scary yet! In accordance with the law, you have the right to appeal the actions of the bailiff, which entails a ban on traveling abroad, within 10 days from the date of receipt of the decision, having prepared and sent an application to the court, do not forget to mark the acceptance of the document by the court. In this situation, you will not have to pay state duty. After filing a complaint against the decision, it is imperative to take a copy with a receipt stamp to the FSSP office and there also receive a receipt stamp. That's it, your part of the job is done. You won the most important thing - time. It is known from reliable sources: If the bailiff, before the court makes a decision on the filed complaint, sends your data to the “not traveling” database, the possible consequences at work will be more than sad for him.
Excerpt from the forum regarding the existence of enforcement proceedings and the travel ban:
If you have an individual entrepreneur (enforcement proceedings with the FSSP), this does not mean that you will not be able to fly abroad from the Russian Federation. The border guards will not let you out only if your bailiff has issued a “temporary order” against you. travel restrictions." Remember that it takes time to rule on time. the restriction (or the abolition of the temporary restriction) reached the border guards and they brought it to their base.
Important: The 6 months for which the travel restriction is issued is counted from the date when it was issued by the bailiff (and not when this decision reaches the border guards).
Now we come to the main question. How to travel abroad if there is already a travel restriction and it is not possible to return debts to bailiffs? Of course, it would still be right to pay off the debt and fly calmly, although in this case you will still have to wait, as I wrote above, receipt of payment and lifting of restrictions takes about 2 weeks!
