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TrainsIf you think that you are responsible only for your debts, and because of others you will never have problems-then you are mistaken. There are at least three reasons when you can get a ban on leaving the Russian Federation, without even knowing it. What are these reasons, and what to do in this case, read on.
So, you can be among those who are not allowed to travel because of other people's debts in these cases:
- If you are a guarantor for the loan, the borrower of which has accumulated substantial debts and refuses or cannot repay them. And it does not matter whether the borrower is your close or distant relative, friend or work colleague. After all, according to Article 363 of the Civil Code of the Russian Federation, the guarantor acts as a guarantor of repayment of the loan, and jointly and severally with the borrower is responsible for it. And so, if the borrower turned out to be unscrupulous or a misfortune happened to him (even death), debt collection is transferred to the guarantor or guarantors, if there are several of them. And then in court you can be banned from traveling abroad (for more information about why and how the ban is imposed - here)
- If you are a co-borrower on a loan whose borrower has accumulated substantial debts and refuses or cannot repay them. Here the situation is almost the same as with the guarantor, only regulated by another article of the Civil Code of the Russian Federation – 323. although, in fact, this article does not change anything, and you will be fully responsible for the debts of the borrower, up to full repayment of the loan.
- If an error occurred in the FSSP database. The Federal Bailiff Service (FSSP) is the very state body that is engaged in "knocking out" debts, and among the tools they have the opportunity to establish a ban on departure. But sometimes mistakes happen, and the ban is imposed on the wrong people. Several such stories happened to respectable citizens, whose full name and date of birth coincide with the same data for debtors prohibited from leaving. As far as we know, this is because only these data are checked at the border when leaving, and addresses and passport numbers are not taken into account. One of these regular cases occurred in September 2018, about which you can watch the video on the NTV channel (rewind the video to the 22nd minute).
What to do?
Unfortunately, on the first two points (if you are a guarantor or co-borrower on a loan) nothing can be done. You will not be able to solve the problem on the spot: you will not be able to fly or go abroad, and your tickets or ticket will simply "burn". It will not be possible to do this by contacting the bailiff service, or even the court. It remains either to persuade the borrower to repay the loan debts, or to pay them yourself. After all the debt is repaid, it is better to personally transfer this information and payment documents (receipts, bank statement or certificate) to the bailiff service so that they remove the restriction. The entire removal procedure will take at least two weeks, and sometimes everything can drag on for months.
As for the last point (an error in the FSSP database), although in such a situation the truth is on your side, it will also not be possible to solve it at the border. You will have to turn around and go home, and your tickets and ticket will also "burn". Immediately after this, you must contact a qualified lawyer who will deal with the issue of reimbursement of the costs incurred by you from the state represented by the FSSP or the border service. With its help, through the court you can get compensation for tickets or a ticket, but the spoiled rest will certainly not return it to you. You also need to apply in writing to the bailiff service itself, where you can demand that the illegal ban be lifted from you. Just no oral conversations and promises: you need to write a written request, and wait for a written answer, which, by the way, is given 30 days by law. So quickly this problem can not be solved.