Russia (bbabo.net), - Chairman of the Council of Judges of the Russian Federation Viktor Momotov announced the forthcoming proposal to collect tax debts from citizens out of court. In his opinion, this measure will reduce the burden on justices of the peace.

The statement was made during a meeting of the expert club named after D.N. Zamyatnin on the topic: "World justice: state, problems, prospects".

"The Supreme Court of the Russian Federation has prepared a draft federal law on an out-of-court procedure for collecting tax arrears from an individual who is not an individual entrepreneur," said Victor Momotov. within a month from the date of receipt of the decision to collect the debt, send written objections to the tax authority, upon receipt of which the collection can only be carried out in court. "

This way, if the case is obvious, the tax authorities will not have to go to court. For example, when a person has not paid transport tax or apartment tax on time. The tax resolution will be binding. If the bill is not paid, the documents will go to the bailiff service.

If a person has any objections, he will be able to challenge the order of the tax inspectorate in court. Thus, it is proposed to simplify the procedure only for undisputed cases. When you have a car, there is unpaid tax and there is nothing to argue about. If a person has doubts: whether the inspectorate applied the right rate, whether they ask for more than necessary for the iron horse, then the court will judge the case. According to Viktor Momotov, for 9 months of 2021, justices of the peace considered 2 million 800 thousand applications for the collection of taxes from citizens. "Most of these cases do not contain a legal dispute, in connection with which the debtors received objections only in respect of 5 percent of court orders to collect tax arrears," he said.

Today, taxes are collected in indisputable cases by order - at the request of the tax office. Only 5 percent of such orders will appeal

In most cases, taxes are collected from citizens by order. This is a simplified procedure in which a judge writes out a court order without hearing. It applies in uncontested cases.

The appeal procedure is simple - it is necessary to send objections within the established time limit. The order will then be canceled and the proceedings will proceed as usual. The problem is that notifications don't always arrive on time.

According to the Judicial Department at the Supreme Court of Russia, in six months the total amount of tax debts collected from citizens amounted to more than 46 billion rubles.

Vladimir Gruzdev, Chairman of the Board of the Russian Bar Association, drew attention to the need to guarantee timely information to citizens before the tax inspectorate sends documents to bailiffs.

"A person should have the opportunity to appeal against the decision, if for some reason he does not agree with it. Moreover, to appeal it before the amount is written off by bailiffs from his accounts," Vladimir Gruzdev said.

AYUR member Asiya Mukhamedshina believes that the project, in fact, changes little for citizens, since even now such decisions are made in absentia. AYUR member Maria Spiridonova believes that people may have problems, especially during the transition period.

In turn, the Supreme Court of Russia draws attention to the fact that, in accordance with the recommendation of the Committee of Ministers of the Council of Europe "On measures to prevent and reduce excessive workload on the courts" dated September 16, 1986, the collection of taxes and customs duties is included among the tasks, from which judges should be spared, taking into account the characteristics of each country.

So the prepared project complies with international standards. Its purpose is to save judges from unnecessary formal work. Today, the burden on justices of the peace, who are considering appeals from the tax authorities, is 380 cases per month.

"At present, there is no legal act establishing norms for the workload on justices of the peace, although active law-making work aimed at distributing the workload has been going on since 2006," said Viktor Momotov, chairman of the Council of Judges of Russia. judges, this is a difficult, but extremely important task for the judicial system. Its solution will allow, among other things, to properly organize the work of peace justice. "

However, according to him, the increase in the number of justices of the peace is not a solution to the problem of the increasing annual workload. An integrated approach is required in terms of both the organization of work, the use of new technologies, and the improvement of procedural legislation.

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