Failure to notify the debtor - compensate for the damage

Failure to notify the debtor by the bailiff-executor about the initiation of enforcement proceedings against him and about the adoption of a decision on a temporary restriction on leaving the country is the basis for compensation for the debtor's losses.

The citizen could not go on vacation on a tourist voucher to Turkey, because when passing through passport control, the border service officers informed him of the restriction on leaving the country and gave him a notification.

Initially declaring the decision of the bailiff-executor illegal, the person went to court for reimbursement of losses caused to him in the form of expenses for the purchase of a tourist ticket, transportation costs, and recovery of compensation for moral damage.

The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation had indicated. In the event that a tourist trip of a citizen did not take place due to the fact that a decision was issued against him on a temporary restriction on leaving the Russian Federation and the citizen was not notified of the initiation of enforcement proceedings and the issuance of a decision on a temporary restriction on leaving the country, such resolution is illegal, and the damage caused by illegal actions of state bodies is subject to compensation in full volume.

Review of judicial practice
Of the Supreme Court of the Russian Federation No. 1 (2021) »,
approved by the Presidium of the Supreme Court of the Russian Federation on April 07,2021»,