The presence of an outstanding debt may lead to restrictions on the ability to travel outside the Russian Federation. However, this, fortunately, does not apply to all types of debts.
If a person has an outstanding debt, such a measure of collection as restriction of travel outside the Russian Federation can be applied to him. This possibility is provided for by Article 67 of the Federal Law No. 229-FZ of October 2, 2007 “On Enforcement Proceedings”.
Debt amount
At the same time, however, it is worth remembering that such a serious measure that can deprive the debtor of a long-awaited vacation or the opportunity to go on a business trip abroad can only be applied if he has relatively large debts. Such a condition is established by paragraph 1 of Article 67 of the specified normative legal act.
This section of the current legislation provides that if it comes to the debt of an individual, such a measure as limiting travel abroad can be applied to him only if his debt obligation exceeds 10 thousand rubles. Thus, all debts below this amount cannot be considered as grounds for imposing such a limit. Therefore, for example, one unpaid fine for a traffic violation or one month's delay in paying utility bills is unlikely to cause a spoiled vacation.
Conditions of application of the restriction
In addition, it should be borne in mind that the restriction on leaving is not a direct consequence of the delay in the debt obligation: in order for this measure to be applied against the defaulter, a number of bureaucratic procedures must be carried out.
The fact is that the provisions of Article 67 of the Law "On Enforcement Proceedings" presuppose that the decision to apply such a penalty to the debtor can only be imposed by a bailiff. This, in turn, means that enforcement proceedings have already been initiated against him, that is, the person to whom he has a debt has applied to the court with a demand to collect the debt.
Obviously, such a situation in most cases becomes known to the debtor. In addition, even if the court hearing on the case took place without his presence, the law provides for other tools to inform the debtor about the restriction imposed on him to travel abroad. So, the chief bailiff or his deputy must approve the decision made by the bailiff, and send a copy to the defaulter in order to inform him of this decision.
Thus, all of the above steps are mandatory in order for the issued order to restrict the exit to have legal force: otherwise, it can be challenged in court.
