Russian Court Bailiffs to Access Debtors’ Mobile Phone Geolocation Data

Russian Court Bailiffs to Gain Access to Debtors’ Mobile Phone Geolocation Data

In Russia, court bailiffs may soon receive new powers, including the ability to use mobile phone geolocation data to locate debtors and create a unified debt dossier. This was announced by Vladimir Vedernikov, Director of the Department of State Policy in the Field of Enforcement Proceedings at the Russian Ministry of Justice, during the international conference “Derzhavin Readings.”

Vedernikov explained that these initiatives are part of the development concept for the enforcement system through 2030. One of the key measures is granting bailiffs access to the geolocation data of debtors’ mobile devices, as well as those of their children—for example, in cases involving the transfer of a child to another parent. Bailiffs may also be given the right to enter premises if there is reason to believe that a child being sought in enforcement proceedings is hiding there.

Another important aspect is the creation of a unified debt dossier—a cloud-based data storage system about debtors, which will simplify the process of identifying and locating their assets. There are also plans to transition to a registry-based enforcement model, built on a single register of claims based on court decisions.

The concept proposes streamlining procedures for recoveries up to 30,000 rubles and establishing special rules for the collection of digital currency, including the digital ruble. Seized property will be sold through electronic auctions. Regulations regarding bankrupt debtors and budget recipients are also under consideration.

The role of bailiffs in the judicial system is expected to be strengthened, including the right to conduct searches in court buildings and use technical equipment. Investigative bailiffs will be authorized to conduct preliminary investigations into crimes uncovered during enforcement proceedings, such as fraud involving writs of execution.

Finally, it has been proposed to remove the subjective criterion of “maliciousness” from the Russian Criminal Code articles related to evading debt repayment and non-compliance with court decisions, in order to ensure uniform judicial practice.

The proposed measures are expected to be implemented gradually from 2024 to 2030, which should significantly strengthen the enforcement system in Russia.

Leave a Reply