Employees of the Federal bailiff service
Photo: Igor Zarembo / RIA Novosti
Association of companies of Internet trade has asked the Federal service of court bailiffs to weaken action to recover penalties from retailers and online stores. Current methods retailers considered excessive
Association of companies the Internet-trade (AKIT, comprises about 30 shops, including “M. Video”, “Children’s world” and “the Messenger”) proposes to amend the law “On enforcement proceedings” of the amendment which will allow online and offline retailers to avoid “excessive” penalties for minor debts. Appropriate treatment (there RBC) the Association has sent to the Federal service of bailiffs on Monday, may 15.
In particular, the organization offers to extend the payment of fines from five to ten working days. Penalties may accrue according to the court, if the store will not refund money for nepodochetni the goods or refuse to issue a refund. Also retailers could be fined the authorities, for example, improperly placed sign, or not removed garbage.
Often fines on retail chains and online shopping are superimposed in the regions, by place of committing the violation. And if, for example, the bailiff is in Vladivostok, and the retailer, in Moscow, to pay fines within the statutory period it is difficult, said the President of AKITA Alexei Fedorov.
Also AKITA asks to introduce a clarification according to which police officers can’t arrest the property of the stores and block their accounts if they have enough funds to repay the fine. Now, according to AKIT, fines and penalties in favor of consumers, on average, less than 60 thousand rubles, which is disproportionately less than the amounts that can be frozen.
According to Fyodorov, the vagueness of the law makes possible the acceptance by police officers of excessive sanctions, which is fraught with corruption risks. “Such measures are themselves, on the one hand, inefficient for the creditor because it does not contribute to the execution of requirements contained in the Executive document, on the other — to the detriment of the debtor, as unreasonably block its activity”, — is spoken in the address of AKITA.
The proposed amendments will help to make the activities of the enforcement authorities more transparent and to keep the balance of interests of all parties, said Fedorov. He expected that the FSSP will give the answer to the proposal of the Association within one month. To receive the operative comment in the FBS failed.
A number of retailers interviewed by RBC confirmed that the measures to which the bailiffs for the recovery of payments under court decisions, are excessive. And their liberalisation would allow the companies to better control costs, that has a positive effect on the retail price.
“Now is the period for voluntary execution of the decision of the bailiff is usually 5 days. Taking into account the required verification of documents, the difference in time zones and other things, it is not always possible to fulfill, — said the representative of “M. Video”. In effect, the Executive collection, which pays the company for violation of the terms higher than the recovery”.
Acting head of Department for legal support of the online store “Yulmart” Vladislav Sorokin said that the initiative affects AKITA “is really one of the pressing problems of the electronic Commerce market”. “In our practice there was a case, when the bailiff of one of the regions, having writ on 20 thousand rubles, imposed a ban on the performance of registration actions with all vehicles of the company”, — says Sorokin.
Representatives of “Ashan”, Media Markt and “the Messenger”, which are also included in AKITA, declined to comment.
With the participation of Sergey Vitko