Hello dear travelers. Today we will talk about situations regarding traveling abroad with debts and restrictions. The situation is complex and unpleasant, almost every day Russians face the problem of traveling abroad, while the state does not provide a convenient online service for checking the presence or absence of restrictions, all that we can check quickly and without leaving home is enforcement proceedings (IP) on the website of the Federal Bailiff Service of the Russian Federation (details on checking IP) or on the website of the State Services.

Of course, in an ideal world, each of us should be aware of our debts and limitations, but we live here and now, where a mail notification may not reach for a variety of reasons, an employee of the bailiff service may simply forget to send a notification, and a payment paid on time get lost in the banking jungle. And here is the airport, we go through border control and get a refusal…. Which one of you is ready for this? I don't think there are any, with rare exceptions. Let's consider all these and other questions in order.

Important:There is NO online restriction check service!

The presence of restrictions when leaving Russia is checked by the Border Service of the Federal Security Service of the Russian Federation

Crossing the Russian border implies control - checking by border guards and customs officers. Customs, looks after the transported goods and money, she is not at all interested in your debts. The issue of exit or not belongs to the competence of the border guards, who, in turn, act on the decision received from the bailiffs on the temporary restriction of exit. That's when the problem of debt can become a problem of travel outside the homeland.

The presence of debt does not mean the presence of restrictions on travel

As you can see from user posts on our Forum and other resources, people very often confuse debt with a limit. Of course, there are no restrictions on leaving without debts (with the exception of prohibitions not on debt issues), while the very presence of debt does not mean the existence of restrictions. Even if you have a valid enforcement proceeding and you see it on the website of the Russian Federation, this does not mean that a travel ban has been imposed on you.

How to check debts and travel restrictions?

In this article, I will not consider in detail how to check debts, this is described in detail in the online services section. If you briefly describe this issue, then you can check the debts on the State Services website (if you do not have an account yet, you can read the detailed instructions on how to register an account on the State Services), I also advise you to look at the presence or absence of enforcement proceedings (IP) on the site. As I wrote above, there is no online service for checking travel restrictions!!! Remember, there are various sites on the network where you can be offered to check the restrictions for money, as a rule, these are just scammers who will receive your money and will not help you in any way. And of course, in the mountains of rubbish in the search results of the Runet, there are a lot of articles in which the concepts of “Debt” and “Restriction” are confused. All you can check is the presence of debts and IP.

Grounds for restriction on travel abroad

Restrictions on travel abroad are imposed only on the following grounds:

• There is enforcement proceedings, based on a court decision and a writ of execution, or the court decision itself, indicating the obligations imposed on the citizen;
• The court decision must enter into force (is not in the process of appeal and not be appealed);
• The writ of execution must be valid and presented in accordance with the law, within 3 years from the date of entry into force;
• The amount of debt in enforcement proceedings is more than 10,000 rubles, with the exception of certain categories of debts, where, in accordance with the new law, which entered into force on October 1, the amount of debt must exceed 30,000 rubles;
• The debtor evades the fulfillment of the requirement to make payment on time without a good reason.

In the absence of at least one of the above conditions, the legality of the restriction on travel abroad can be challenged.

Important: Alimony debtors, citizens who owe compensation for harm caused to health or due to the death of a family breadwinner, as well as in connection with property damage or moral damage, as before the adoption of new amendments, may be restricted from traveling abroad if the amount of debt is 10,000 rubles.

A limitation for a period of 6 months can be established both at the initiative of the bailiff and at the request of the recoverer, provided that the debtor has not voluntarily fulfilled the requirements for paying the debt within 2 months. When imposing a ban, the bailiff - executor required to send notice of travel restrictions, to the address of permanent registration of the debtor, or to the known address of his residence.

Important: The period of 6 months for which the travel restriction is issued is considered from the date when it was issued by the bailiff (and not when this decision reaches the border guards).

An excerpt from the forum regarding the presence or absence of information about debts on the FSSP website:

Traveling abroad with debts without breaking the law!?

Consider the option when the bailiff handed over the decision and you signed for receipt, everything seems to be according to the law, but you have to go, and you have tickets on hand. There is nothing terrible yet! In accordance with the law, you have the right to appeal against the actions of the bailiff, which entails a ban on traveling abroad, within 10 days from the date of receipt of the decision, having prepared and sent an application to the court, do not forget to mark the acceptance of the document by the court. In this situation, you will not have to pay the state duty. After filing a complaint against the decision made, it is imperative to take a copy with a mark of receipt to the office of the FSSP and there also receive a mark of receipt. That's it, your part of the job is done. You won the main thing - time. It is known from reliable sources: If the bailiff, before the court makes a decision on the complaint, sends your data to the “non-exit” database, the possible consequences at work will be more than sad for him.

An excerpt from the forum regarding the existence of enforcement proceedings and a travel ban:

If you have an individual entrepreneur (enforcement proceedings at the FSSP), this does not mean that you will not be able to fly abroad from the Russian Federation. The border guards will not let you out only if your bailiff has issued a “decree on the time limit” against you. exit restriction. Remember that it takes time for the ruling on time. restriction (or the abolition of temporary restrictions) reached the border guards and they brought it to their base.

Important: The 6 months for which the travel restriction is issued is counted from the date it was issued by the bailiff (and not when this decision reaches the border guards).

Here we come to the main question. How to go abroad if there is already a travel restriction and it is not possible to return debts to bailiffs? Of course, it will still be right to pay off the debt and fly calmly, although in this case you still have to wait, as I wrote above, the receipt of payment and the cancellation of restrictions takes about 2 weeks!

From October 1, it will amount to 30 thousand rubles. But this does not mean that if the debt is less, then any person will definitely be able to go abroad.

In fact, the new limit does not apply to everyone and the bailiffs will easily lower it. We will explain how it works and what needs to be done in order not to be left without a vacation or a business trip due to debts.

How are debts and going abroad connected?

By law, if someone has an official debt, the bailiff can prohibit travel abroad. Data on debtors is transferred to the border service. This restriction is temporary: until the debtor pays off. It applies to both ordinary citizens and individual entrepreneurs.

Having a debt does not mean an automatic ban on traveling abroad. These things are not directly related: the bailiffs put the ban when they begin to collect debts through them. If there is a debt, but it is not transferred to the bailiffs, then there may not be a ban. If there is no debt, but bailiffs think there is, a ban may appear.

Travel restrictions are imposed at the initiative of the bailiff or at the request of the applicant: ex-wife, bank or tax. Sometimes the debtor learns about the travel ban only when he passes border control.

Now they can ban travel even with a debt of 10 thousand rubles. From October 1, exit will be banned only if 30,000 or more pass through the writ of execution. But there are exceptions.

Which debts are not affected by the new limit?

If there are debts for alimony, for harm to health or property, the previous limit applies - 10 thousand rubles. If the debtor must compensate for non-pecuniary damage - the same.

That is, with debts to the traffic police, tax and energy sales in the amount of more than 10 thousand rubles, they will be released abroad. But with the same debt to an ex-wife or a neighbor who flooded an apartment - no.

If the debt is up to 30 thousand rubles, will the exit not be closed?

The exit may still be closed. Even for credit debt or speeding tickets, the new limit does not always apply. The bailiffs will set a deadline for voluntary payment and wait another two months.

Then they have the right to reduce the limit to 10 thousand rubles for any debts and still prohibit travel abroad.

Are debts summed up or should there be one writ of execution for 30 thousand or more?

The Supreme Court explained that debts could be added up for a travel ban decision. It is not necessary to have one writ of execution for 30 thousand or more: for a ban, several fines and utility bills for small amounts are enough.

If there are more than 30 thousand debts, will they definitely not be released abroad?

They can release. The presence of debts does not mean an automatic ban on leaving. This requires a decision of the court or bailiff.

Sometimes, even with hundreds of thousands of loan debts, there is no travel ban. And for some, a two-month alimony debt is a reason to refuse a vacation.

How to find out about debts and travel ban?

The debtor is informed about the court decision, the initiation of enforcement proceedings and the ban on leaving by mail. But these notifications may not be received for various reasons. Then the travel ban will come as a surprise, and no one will return the money for tickets and vouchers.

There is no data on the travel ban in the database of enforcement proceedings. If you plan to travel abroad and have doubts about debts, you need to act like this:

• check the data in the database of enforcement proceedings;
• make a request in advance about travel restrictions at the border service of the FSB;
• pay debts, if any;
• inform the bailiff about the payment and make sure that he removes the restrictions.

What to do if there is no money to pay the debt? And in the plans of an urgent business trip or need for treatment.

Can I pay the debt at the airport and immediately fly abroad?

From October 2, according to the new rules, departments will exchange data faster. Sometimes during the tourist season, the airport may accept payments on account of the debt and immediately allow departure. But it is better not to hope for this and to make sure in advance.

If I have no debts, and travel abroad is prohibited, who will compensate for the damage?

If they prove that the bailiff acted illegally, the damage will be reimbursed by the state. Bailiffs, and courts, and border guards, and creditors are mistaken. Sometimes debts are written off from doubles, and deductions are returned to scammers.

Just in case, always check debts and restrictions before traveling abroad. If there is a mistake, ask for it to be corrected. Compensation will have to be sought in court.

Why would I be banned from traveling abroad? What about the right to freedom of movement?

The right to freedom of movement and travel abroad is guaranteed by the Constitution. But it is not absolute. If in someone's interests it needs to be limited, it will be limited. There are sufficient grounds for this in various laws.

There is a misconception that if there is a debt on a loan, then the exit from Russia is closed. But delays in and of themselves do not mean that it will be impossible to go abroad. When exactly does an outstanding loan become a reason for a ban on traveling abroad? And what to do if you are refused to cross the Russian border?

Is it possible to go abroad if there is a loan

The answer is unequivocal - yes. The presence of one or even several executed loan agreements in no way imposes restrictions on traveling abroad.

If you have loans, you can go abroad both on vacation and for permanent residence. Moreover, they are released abroad without any problems even if there is a loan debt.

If there are delays, the security service of the bank or that they will be restricted from leaving Russia. But in most cases, this is just intimidation - certain circumstances must occur for the travel ban to take effect.

When they may not be allowed to go abroad due to a loan

The main thing to understand is that only a court can limit the possibility of a citizen leaving the territory of another state. Neither the bank, nor collectors, nor even the bailiffs themselves have such powers.

According to Law No. 114 “On the procedure for leaving the Russian Federation ...”, in order to limit the ability to leave the territory of the country, the bailiff must apply to the court with such a request. If the arguments presented are convincing, then an appropriate decision will be made. And only after its entry into force, a citizen will not be able to leave Russia.

Important! It is possible to impose travel restrictions only if the debt exceeds 10 thousand rubles. Now amendments to the law are being considered - it is proposed to increase this figure to 30 thousand rubles. But the final decision has not yet been made.

The basis for going to court can only be the debtor's failure to comply with an earlier decision on the forced collection of funds in favor of the bank. In other words, enforcement proceedings should already be opened against him.

Example

Ivan is at VTB Bank, but after six months he stopped making payments. After unsuccessful attempts to resolve the issue amicably, the creditor went to court. Based on the results of the consideration of the case, the decision was made in favor of VTB - to recover 450 thousand rubles from Ivan. But the debtor refused to voluntarily execute the order. To influence Ivan, the bailiff decided to go to court with a request to restrict the borrower from leaving Russia.

That is, if you have overdue obligations, but the case has not reached trial and a decision, then you cannot be banned from traveling abroad due to an unpaid loan.

How to find out if they will let you through the border

In order not to find out about restrictions on leaving Russia at customs, check this information in advance. It is recommended to do this not only if there is a loan - sometimes mistakes happen and incorrect information gets into the database.

The surest way to find out about the presence of restrictions on crossing the border is to look for yourself in the database of enforcement proceedings. For this you need:

• go to the official website of the Bailiff Service;
• click on the "Services" section;
• go to the "Data Bank of Enforcement Proceedings".

Important! The presence of open enforcement proceedings does not mean that the ban on traveling abroad is already in effect. It depends on whether the bailiff applied to the court for the imposition of such a restriction.

If you see on the site an enforcement proceeding opened against you by a court decision that you really do not execute, then contact the bailiff at the place of your registration for accurate information.

What to do to fly out of Russia if there is a restriction

If it turns out that a ban on traveling abroad has already been imposed, then leaving the country will not work. By law, the restriction is removed either by agreement of the parties, or in the case of full fulfillment of overdue obligations. In practice, it is almost impossible to implement the option of reaching an agreement with the creditor - since the case has already gone to court, it means that the possibility of a peaceful settlement could not be used.

Important! Information in the database of bailiffs is updated within 14 days. If you are going on vacation, a business trip, or even want to go abroad to live, then it is necessary to resolve the issue of lifting the restriction in advance.

If the travel ban due to loan debts is imposed by mistake, then you need to contact the bailiff service personally. Usually this is enough to correct the information in the database, after 2 weeks the data will be displayed correctly.

In cases where the debtor really does not comply with the instructions of the court decision and does not pay off the debts on the loan, the restrictions can be removed only after the obligations have been fulfilled.

You can notify the bailiff of the fact of payment of the debt in several ways:

• without a visit - you can send the original (or a certified copy) of the receipt or payment order via Russian Post, fax or e-mail;
• personally - you should approach your bailiff during the reception hours with the original documents confirming the repayment of the debt.

If the trip is planned in the near future, then the best option is to go to the bailiff yourself. So you can be sure that the document is accepted for work. This means that travel restrictions will be lifted in due time.

What to do if there is no money to pay off the debt

When the court decides to collect the debt in favor of the bank, the bailiff has the right:

• seize the borrower's property for subsequent sale in favor of the creditor;
• write off money from the accounts of the debtor;
• apply to the employer for forced deduction of money from the salary.

But if the debtor does not have a job, property and money, then there will be nothing to repay the debt. In this case, money for settlements with the creditor to remove the restriction on traveling abroad can only be re-borrowed.

Unfortunately, banks almost never approve new loans to debtors - a negative credit history plays a significant role. But there are a few tips that you can use to increase the likelihood of getting the right amount:

• apply to a bank with which there has already been a successful experience of cooperation - financial organizations are more loyal to “their” clients;
• provide proof of your positive financial position;
• offer as security.

The table below contains brief information about the loan programs of banks that you can contact - they are ready to provide a loan according to two documents.

Bank's name	Bid	Term	Sum
	from 11.3% to 24%	2 to 5 years	from 30 thousand to 700 thousand rubles
	from 12% to 24.9% with the possibility of reduction in case of good faith performance of obligations	3 to 36 months	from 50 thousand to 1 million rubles
	12%	13 to 36 months	from 25 thousand to 500 thousand rubles
	from 12.5% ​​to 24.7%	from 1 year to 5 years	from 30 thousand to 500 thousand rubles
	from 18.9% to 22.9%	from 1 year to 5 years	from 200 thousand to 1 million rubles

According to information from open sources, at the end of 2020, more than 1.5 million Russians were banned from traveling abroad due to failure to fulfill obligations imposed by the court. But this is far from the final figure: in addition to debtors, freedom of movement can be limited to other subjects. What can be the reason for the sanction, and what should be the amount of debt in order to become restricted to travel abroad? In what order is the ban imposed, and what should be done to remove it? Let's try to figure it out.

General information about the ban

How long does the travel ban last?

Immediately pay attention to the fact that the period of validity of the restriction on traveling abroad for each of the grounds will be different. For example, for FSB officers and conscripts, the restriction is valid during the period of their service, for those admitted to state secrets - for 5 years from the date of the last acquaintance with secret papers.

Since most often the travel restriction is associated precisely with debts, consider the duration of its validity. In the general case, how long the ban on traveling abroad is valid is regulated by paragraph 5 of Art. 15 of the Federal Law No. 114 - until the fulfillment of obligations (that is, the repayment of debts) or the achievement of an agreement between the debtor and the recoverer.

As the FSSP explains, the term of the travel ban for debtors is determined by the bailiff, it cannot exceed 6 months. After six months, even if the debt is not repaid, the specified restriction is canceled - in order to prolong it, the bailiff must issue a new decision.

If, pursuant to Art. 18 of Federal Law No. 114, a foreign passport was previously confiscated from a citizen; if the restriction is lifted, the document is returned by the migration authorities to the owner.

How to find out if there is a travel restriction

Information about the ban on traveling abroad must be conveyed to the citizen. To do this, the bailiff, guided by paragraph 10 of Art. 67 of the Federal Law No. 229, sends a copy of the decision to the debtor no later than the next day. However, if the debtor does not live at the address indicated in the enforcement documents, he may not know about the existence of such a ban. In order not to receive unpleasant news when passing through border control, it is recommended to check the presence of prohibitions before the trip:

• verified site "Nevylet.RF";
• using the FSSP Enforcement Proceedings Data Bank, where you can find information about open proceedings, the amount of debt and contacts of the bailiff who is conducting the case and will inform you about the presence of a restriction;
• by contacting the FSSP division at the place of residence;
• using special Internet services, which, for an additional fee, will provide the necessary information within a few minutes.

How to remove the restriction

There are several grounds on which the restriction on traveling abroad should be lifted:

• Debt repayment. In this case, the bailiff is obliged to issue a decision to remove the restriction no later than the next day after receipt of information about the payment of the debt.
• Termination or termination of enforcement proceedings. In accordance with paragraph 1 of Art. 44, paragraph 4 of Art. 47 of the Federal Law No. 229 in the event of termination (for example, after reconciliation of the debtor with the recoverer, invalidation of the writ of execution, and so on) or termination (for example, if it is impossible to locate the debtor or if he has no liquid property) proceedings, the ban must be lifted. If the enforcement proceedings are terminated, they will be released abroad without problems.
• Appeal against the ruling. For example, if the conditions for its imposition are not met (the amount, terms, etc. do not correspond). In addition, a complaint can be filed with the leadership of the FSSP - the chief bailiff within 10 days after it became known about the violation.

Read about other ways in the article "How to remove the ban on debtors traveling abroad."