RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF BELARUS

of May 3, 2018 No. 98

About change of the Resolution of the Ministry of Justice of the Republic of Belarus

Based on part one of Item 11 of the Regulations on the Ministry of Justice of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 31, 2001 No. 1605, the Ministry of Justice of the Republic of Belarus DECIDES:

1. Bring in the Instruction on enforcement proceeding approved by the resolution of the Ministry of Justice of the Republic of Belarus of April 7, 2017 No. 67 (The national legal Internet portal of the Republic of Belarus, 23.05. 2017, 8/32023), following amendments and changes:

1.1. the paragraph one of Item 8 after words "The penitentiary code of the Republic of Belarus" to add with words "(further - WICK)";

1.2. in Item 9:

in part one:

after paragraph two to add part with the paragraph of the following content:

"about change of the amount of collection according to appendix 3-1;";

third - the sixty first to consider paragraphs respectively paragraphs the fourth - the sixty second;

in paragraph six of the word "and 7" shall be replaced with words ", 7 and 7-1";

after the paragraph of the thirty second to add part with the paragraph of the following content:

"about establishment of economic inexpediency of realization of property according to appendix 34-1;";

thirty third - the sixty second to consider paragraphs respectively paragraphs the thirty fourth - sixty third;

in part two of the word "Resolution" and "shall" replace respectively with the words "Resolutions" and "shall";

the fifth to state part in the following edition:

"The legal executive, the head of body of forced execution has the right on own initiative or according to the statement of the participant of enforcement proceeding to correct the allowed in the decrees of slip issued by them or arithmetic mistakes according to the procedure, established by parts five and the sixth article 12 of the Law of the Republic of Belarus "About enforcement proceeding" about what issue decrees according to appendices 6 or 7. The legal executive, the head of body of forced execution has the right on own initiative or according to the statement of the participant of enforcement proceeding to correct allowed in the statements of slip which are drawn up by them or arithmetic mistakes about what issue the decree according to appendix 7-1.";

the seventh after words of "legal executive" to add part with words ", the head of body of forced execution is subject to execution from the date of its removal and";

1.3. in Item 12:

add part one with the words "completely or in part";

from part five the second offer to exclude;

1.4. in part two of Item 14 of the word "signed by his head or the other person authorized on it by constituent documents, under seal this legal entity" shall be replaced with words "according to the legislation";

1.5. the second Item 21 to exclude part;

1.6. from part one of Item 23 of the word", also may contain other data necessary for its correct consideration" to exclude;

1.7. in part one of Item 24 of the word "In case of Adoption of the Claim (Protest) to Consideration" shall be replaced with words "In case of submission of the claim (protest)";

1.8. in paragraph four of part two of Item 29 of the word of "the termination of enforcement proceeding" shall be replaced with words "pronouncement of the resolution on return to the claimant of the executive document on which execution is not made or made partially";

1.9. add Item 31 with parts five and the sixth the following content:

"To execution the executive document in electronic form with use of information technologies can be shown.

In case of presentation to execution of the executive document issued by results of consideration of the application about indexation of the amount or the court order, the body conducting administrative process about change of the amount of administrative punishment, the legal executive changes the collection amount within the initiated enforcement proceeding according to requirements of the executive document about what issues the decree on change of the amount of collection according to appendix 3-1.";

1.10. in part two of Item 33 of the word "leaves them without consideration what notifies on" shall be replaced with words ", the head of body of forced execution leave them without consideration what notify on";

1.11. in Item 35:

third parts two to add the paragraph with words "(in case of its use according to legal acts)";

add Item with part seven of the following content:

"In case of presentation in body of forced execution of the statement (idea) of excitement of enforcement proceeding concerning the individual entrepreneur after its exception of the Single state register of legal entities and individual entrepreneurs the enforcement proceeding is subject to excitement concerning it as citizen.";

1.12. add Item 36 with part two of the following content:

"The separate statement (idea) of excitement of enforcement proceeding is attached to each executive document.";

1.13. the second Item 40 to state part in the following edition:

"The legal executive according to part four of article 46 of the Law of the Republic of Belarus "About enforcement proceeding" has the right to extend term for voluntary execution of the executive document about what issues the decree according to appendix 50.";

1.14. add Item 43 with part three of the following content:

"If in case of receipt in body of forced execution of documents for excitement of enforcement proceeding according to data of the automated information system of bodies of forced execution it is determined that on execution in other body of forced execution there is enforcement proceeding concerning the same debtor, the legal executive sends the arrived documents to relevant organ of forced execution what notifies the claimant on.";

1.15. in Item 44:

state part one in the following edition:

"44. The legal executive makes executive actions:

at the place of residence (the place of stay) of the debtor citizen or in the location of its property;

at the place of residence (the place of stay) of the debtor - the individual entrepreneur or in the location of its property or in the place of implementation of economic activity by it;

in the location of the debtor - the legal entity or in the location of its property or in the place of implementation of economic activity by it.";

in part two shall be replaced with words the word "or" "and (or)";

in part four:

the paragraph one after words "about" to add information with words "the residence (the place of stay) or";

in the paragraph the second shall be replaced with words the words "in the territory of the respective area Minsk)" "in the territory to which powers of the legal executive do not extend,";

in paragraph three of the word "in the territory of the Republic of Belarus" shall be replaced with words "in the territory to which powers of the legal executive do not extend,";

1.16. in part three of Item 49 of the word "and (or)" to replace with the word "or";

1.17. in Item 50 part three to replace the word "documents" with the word "productions";

1.18. in Item 51:

the second to add part with the offer of the following content: "Application of measure for ensuring execution of the executive document it can be declared only in the separate petition of the claimant submitted after excitement of enforcement proceeding.";

add Item with part four of the following content:

"Acceptance of measure for ensuring execution of the executive document with the legal executive it can be refused on the bases specified in part two of article 61 of the Law of the Republic of Belarus "About enforcement proceeding". On the basis specified in the paragraph the second to part two of article 61 of the Law of the Republic of Belarus "About enforcement proceeding" by the legal executive it can be refused including if the measures specified in the petition were accepted within earlier initiated enforcement proceedings concerning this debtor with pronouncement of the resolution according to appendix 22, in which the specified circumstances shall be stated.";

1.19. the second Item 55 after words to "appendix 66" to add part with the word "and";

1.20. in paragraph four of Item 57 of the word "their withdrawal according to the procedure, established by the legislation" shall be replaced with words "their withdrawal about what the statement according to appendix 65 is drawn up or it is specified in other statement which is drawn up by the legal executive when making executive actions";

1.21. in Item 61 part two shall be replaced with words the word "petitions" "written notice";

1.22. in part four of Item 64 of the word "and (or) property" shall be replaced with words ", being on bank accounts and (or) the non-bank credit and financial organization,";

1.23. add Item 65 with part three of the following content:

"In case of calculation of debt in the executive document in foreign currency:

in the presence of the written application of the claimant money is listed to it in Belarusian rubles on the official rate established by National Bank of the Republic of Belarus on the date of transfer if other is not established by the executive document or the act of the legislation;

forced collection is collected (keeps) in Belarusian rubles on the official rate of Belarusian ruble to foreign currency established by National Bank of the Republic of Belarus on the date of pronouncement of the relevant resolution on collection (deduction) of forced collection.";

1.24. Item 67 part two paragraph two after the word of "means" to add with the words "and (or) other property";

1.25. to exclude the word of "(deduction)" from Item 68 part one;

1.26. the second Item 70 after the word "withdrawals" to add part with the word of "cash";

1.27. to add part one of Item 74 with the offer of the following content: "On the instruction about the address of collection on the money and other property belonging and (or) which are due to the debtor and being at the third parties it is sealed with the image of the State Emblem of the Republic of Belarus.";

1.28. in part one of Item 77 of the word "will not provide" to replace with the word "will provide";

1.29. in Item 79 "Article" shall be replaced with words the word "part of 1 Article";

1.30. in Item 82:

add part one with the words "at the expense of the debtor";

in part four:

third to add the paragraph with the words "and (or) addresses of collection on other property";

the fourth to exclude the paragraph;

add Item with parts of the fifth or seventh of the following content:

"The resolution on the address of collection on the salary and the income of the debtor citizen, including individual entrepreneur equated to it, responds the legal executive in case of the direction in the place of receipt of the salary and the income of the debtor citizen, including individual entrepreneur, the executive document equated to it based on which the enforcement proceeding is initiated.

In case of the direction of the executive document to state body, organization, other legal entity, individual entrepreneur paying to the debtor citizen, including the individual entrepreneur, the salary and the income equated to it (further - the employer), for payroll deduction and the income of the debtor citizen, including individual entrepreneur equated to it, the legal executive on the executive document makes record about its direction to the employer with indication of date of the direction.

In case of payroll deduction and the income of the debtor citizen, including individual entrepreneur equated to it, expenses on execution of the executive document and forced collection are collected based on resolutions according to appendices 44 and 59.";

1.31. to state part one of Item 83 in the following edition:

"83. In case of establishment of availability at the debtor citizen, including the individual entrepreneur, property on which collection can be turned when finding the executive document in the place of receipt of the salary by this debtor and the income equated to it if the enforcement proceeding is not ended, the simultaneous address of collection on the salary and the income equated to it and other property of the debtor citizen, including individual entrepreneur is allowed. If the enforcement proceeding is ended, the simultaneous address of collection on the salary and the income equated to it and other property of the debtor citizen, including individual entrepreneur, it is allowed only in case of observance of procedure for presentation of the executive document to execution established by articles 42 and 43 of the Law of the Republic of Belarus "About enforcement proceeding".";

1.32. state Item 84 in the following edition:

"84. The employer from the date of receipt of the executive document shall make deduction of money according to the instruction of the legal executive and in three-day time from the date of payment to list the withheld money to the claimant at the expense of the debtor or into the account of body of forced execution. Forced collection, expenses on execution of the executive document are transfered by the employer to account of body of forced execution.

Payroll deduction and the income equated to it are made by the employer according to priority of satisfaction of requirements of claimants according to parts one and the second article 122 of the Law of the Republic of Belarus "About enforcement proceeding".

In case of receipt to the employer of several executive documents within the first priority established by the paragraph the second parts one of article 122 of the Law of the Republic of Belarus "About enforcement proceeding", payroll deduction and the income equated to it are made by the employer in proportion to the amount which is due to each claimant. The requirements specified in paragraphs the third or tenth to part one of article 122 of the Law of the Republic of Belarus "About enforcement proceeding" within the same queue are satisfied taking into account calendar date of receipt of the executive document to the employer. In case of receipt of executive documents to the employer in one day of deduction are made taking into account date of issue of the executive document.

The size of payroll deduction and the income equated to it is estimated from the amount which remained after tax withholding and compulsory insurance premiums in the budget of state non-budgetary fund of social protection of the population of the Republic of Belarus.";

1.33. in Item 86:

third to state the paragraph in the following edition:

"the alimony for content of minor children, funds for expense recovery spent by the state for content of the children who are on the state providing (further - expenses on content of children), the amounts on compensation of the damage caused by crime or administrative offense the harm done to life and health of the citizen;";

in paragraph five of the word "taking into account receipt date of the executive document to the employer" shall be replaced with words "according to part three of Item 84 of this Instruction";

1.34. in Item 90:

part one after the word to "claimant" to add with the words "including in case of the direction of the executive document to the employer according to part three of article 41 of the Law of the Republic of Belarus " about enforcement proceeding ", expenses on execution of the executive document and";

the second to state part in the following edition:

"Systematic control consists in assignment on the employer of obligation at least once a quarter, and according to executive documents on collection of expenses on content of children - at least once a month to provide to the legal executive information on the made deduction and terms of money transfer.";

in word part six to "the chief accountant of the employer" to replace with the word to "employer";

the ninth after the word of "amounts" to add part with the word to "claimant";

1.35. in Item 91:

from parts one and the second to exclude the words "and seal";

third to state part in the following edition:

"If deduction were made based on the decrees of the legal executive issued according to Items 82, of the 177 and 180 this Instruction, the resolution on the address of collection on the salary and the income equated to it, the resolution on collection (deduction) of expenses on execution of the executive document, the resolution on collection (deduction) from the debtor of forced collection are subject to return to body of forced execution with provision by the employer of information on new place of employment of the debtor citizen, including the individual entrepreneur, and (or) the place of receipt of other income by it - in the presence of such data.";

1.36. add Item 93 with part seven of the following content:

"In case of execution of the executive document on confiscation of property of the debtor, about the address of property of the debtor to the income of the state otherwise (further - the executive document on confiscation) and about compensation of the damage caused by crime, arrest is imposed property of the debtor taking into account the list of the property which is not subject to confiscation according to the court verdict, established WICK.";

1.37. in part five of Item 102 of the word "receipt of property" shall be replaced with words "acceptance of property on storage";

1.38. state Item 104 in the following edition:

"104. If other is not established by the legislation, the legal executive in the act of seizure of property establishes the cost of distrained property on the basis:

the price existing in this area for similar property;

residual cost taking into account degree of depreciation of property;

selling price;

pledge costs (concerning the property of the debtor which is pledge subject according to the executive document issued by court);

the cost established in the executive document;

draft cost of property.

In the act of seizure of property the property value is specified in Belarusian rubles. In case of specifying in the documents which are the basis for establishment of property value, property value in foreign currency the legal executive in the act of seizure of property the property value in Belarusian rubles, equivalent to cost in currency, proceeding from the Belarusian ruble exchange rate to foreign currency established by National Bank of the Republic of Belarus on the date of seizure of property of the debtor is specified.";

1.39. in Item 106 of the word "paragraphs the second or fifth" shall be replaced with words "paragraphs the second or sixth parts one";

1.40. in Item 108 part one to replace the word "or" with the word "and";

1.41. in Item 113:

in part one of the word "and (or)" shall be replaced with words ", withdrawal, storage, transportation,";

the second to state part in the following edition:

"The distrained property of the debtor is subject to realization from the biddings (the electronic biddings) if other is not established by Council of Ministers of the Republic of Belarus:

real estate;

vehicles;

other property, including property rights, worth one thousand basic sizes and more.";

1.42. Item 114 part one after the word "control" to add with words of "money in the amount of the customs payments added by customs authorities, penalty fee and (or) percent";

1.43. in Item 116:

after part four to add Item with part of the following content:

"Amount of remuneration depends on the cost of the realized property (line item, lot) and makes no more:

10% - in case of realization of property worth up to 1000 basic sizes;

9% - in case of realization of property worth from 1000 to 2000 basic sizes;

8% - in case of realization of property worth from 2000 to 3000 basic sizes;

7% - in case of realization of property worth from 3000 to 4000 basic sizes;

6% - in case of realization of property worth from 4000 to 5000 basic sizes;

5% - in case of realization of property worth from 5000 to 7000 basic sizes;

4% - in case of realization of property worth from 7000 to 10 000 basic sizes;

3% - in case of realization of property worth from 10 000 to 15 000 basic sizes;

2% - in case of realization of property worth from 15 000 to 30 000 basic sizes;

1% - in case of realization of property worth over 30 000 basic sizes.";

the fifth to consider part part six;

1.44. second and third Item 119 to state parts in the following edition:

"Announcements of the biddings (the electronic biddings) according to appendix 89 are published in printing mass media.

For the purpose of broader informing the announcement of the forthcoming biddings in addition is placed on the Internet portal of the Ministry of Justice of the Republic of Belarus, the websites of head departments of justice regional (The Minsk city) executive committees (further - the website of bodies of forced execution), electronic platform selling property of the republican unitary enterprise for rendering the services "Belyurobespecheniye".";

1.45. in part three of Item 126 of the word "about responsibility for refusal or evasion" shall be replaced with words "about effects in cases of refusal or evasion";

1.46. to add Item 133 part one after the word "also" with the words "in case";

1.47. in Item 139 of the word "in 9" shall be replaced with words "in 16";

1.48. in part two of Item 141 of the word "Within One Day from the date of Receipt of the Application for Participation in the Electronic Biddings Judicial" to replace with the word "Judicial";

1.49. in Item 142 to replace the word "serial" with the word "unique";

1.50. the second Item 145 to state part in the following edition:

"The term of carrying out the electronic biddings constitutes one day (from 9 to 18 o'clock). If the last rate is made by the participant less than in 10 minutes prior to the termination of term of carrying out the electronic biddings, the term of carrying out the electronic biddings is prolonged for 10 minutes from the moment of receipt of the last rate. Each subsequent rate prolongs the term of carrying out the electronic biddings for 10 minutes. During the electronic biddings any participant has the right to the new price offer which shall exceed the previous offer.";

1.51. in part one of Item 151 of the word "the name of the legal entity, surname, own name and middle name (if that is available) the citizen, including the individual entrepreneur who staked these" shall be replaced with words "unique numbers of the participants who staked these";

1.52. the second offer of Item 152 to state in the following edition: "If the electronic auction was held by the subject of trade or the specialized organization, then such statement is drawn up by the legal executive within one day from the date of receipt of the documents constituted by them processed by results of the electronic biddings within one day from the moment of completion of the electronic biddings.";

1.53. in Item 158 of the word "did not take place" shall be replaced with words "are not carried out";

1.54. add Item 164 with part two of the following content:

"According to the paragraph third parts one of this Item the legal executive issues the decree on establishment of economic inexpediency of realization of property according to appendix 34-1. In the presence of several claimants the distrained property of the debtor is offered to count debt repayments to all claimants taking into account priority of satisfaction of requirements of claimants, the stipulated in Clause 122 Laws of the Republic of Belarus "About enforcement proceeding", and taking into account date of excitement of enforcement proceedings, at the cost established in the act of seizure of property or the appraisal report of property or at the cost established in the resolution on establishment of starting price of realization of such property.";

1.55. "second" to add Item 165 after the word with the words "parts one";

1.56. in Item 166 of the word "paragraphs the third or seventh" shall be replaced with words "paragraphs the fourth or seventh parts one";

1.57. in Item 167:

"paragraphs the second or seventh" to add part one after words with the words "parts one";

in part three of the word "such property returns to the debtor" shall be replaced with words "such property returns to the time established by the legal executive to the debtor under the act according to appendix 65";

the fourth after the word "second" to add part with the words "parts one";

1.58. to add part one of Item 169 with words "which goes to the parties of enforcement proceeding, to law-enforcement body";

1.59. in Item 170:

word part one in paragraph three" shall be replaced with words the children spent by the state for content who are on the state providing" "on content of children";

the second after words to "appendix 30" to add part with words "(with indication of committed executive actions)";

1.60. in part two of Item 171 of the word to "appendix 13" shall be replaced with words to "appendices 13 or 14";

1.61. in Item 180:

state part one in the following edition:

"180. Forced collection is collected (keeps) from the debtor after excitement of enforcement proceeding based on the resolution of the legal executive according to appendices 43, 45 and 59, which is the executive document.";

and "collected" to add part two paragraph two after the words "collected" with the words "for benefit of the claimant";

1.62. in Item 182:

"(deduction)" to exclude the word;

add Item with part two of the following content:

"Forced collection according to the executive document on collection of periodical payments is collected (keeps) from the debtor from the amount of unpaid debt on payment of periodical payments for previous periods.";

1.63. to exclude from part two of Item 184 of the word "and collection (deduction) of forced collection";

1.64. third of Item 187 to state part in the following edition:

"If the legal executive after one month from the date of the proper notice of the claimant about need of provision of details for money transfer has no opportunity to list (to issue) it the money collected from the debtor, the executive document returns to the claimant according to the paragraph the ninth parts one of article 53 of the Law of the Republic of Belarus "About enforcement proceeding", in the presence of other claimants the money which is due to this claimant is subject to distribution according to the procedure, the stipulated in Clause 122 Laws of the Republic of Belarus "About enforcement proceeding", and in the absence of other claimants this money in the same time is listed issued) to the debtor.";

1.65. the Item 188 after the word is "distributed" to be added with the words "according to the stipulated in Clause 122 Laws of the Republic of Belarus " about enforcement proceeding " priority of satisfaction of requirements of claimants, including to the claimant on enforcement proceeding, term for voluntary execution of requirements of the executive document on which did not expire;

1.66. in Item 190:

third to state the paragraph in the following edition:

"imposes arrest pledged property about what draws up the statement of seizure of property according to appendix 80 at the cost specified in the executive document. In case of disagreement of one of the parties of enforcement proceeding with the cost specified in the act of seizure of property, the discordant party of enforcement proceeding has the right to petition for the carrying out independent assessment according to the procedure established by Items 106 and 107 of this Instruction. In case of disagreement of one of the parties of enforcement proceeding with the cost determined by results of independent assessment examination of reliability of independent assessment according to the procedure, stipulated in Item the 108th this Instruction can be appointed. The cost established by results of examination of reliability of independent assessment will be starting price for realization of such property;";

in paragraph five "Item" shall be replaced with words the word "Item part four";

1.67. in part one of Item 192 of the word "by means of creation of the act of arrest of precious metals and (or) gemstones (further - precious metals)" shall be replaced with words "(further - precious metals) by means of creation of the act of arrest and withdrawal";

1.68. in parts of first or third of Item 193 of the word "act of arrest and withdrawal of documentary securities" shall be replaced with words "the act of arrest and withdrawal" in the corresponding case;

1.69. in Item 195:

word part one in paragraph three to "appendix 6" shall be replaced with words to "appendix 63";

the second after words "features for" to add part with the word "assessment";

to exclude the word "property" from part four;

1.70. the second Item 196 to add part with words "(further - group of companies)";

1.71. in Item 197 part three:

shall be replaced with words the word "At the same time" "In case of absence or insufficiency at the debtor of other property";

to replace words of "The civil code of the Republic of Belarus" with the word of "Civil Code";

1.72. state Item 198 in the following edition:

"198. In case of non-presentation after one month from the date of receipt of the notification by the claimant to the legal executive of the written confirmation of appeal to the court according to the procedure, stipulated in Clause 258 groups of companies, the legal executive return the executive document to the claimant on the basis provided by the paragraph third parts one of article 53 of the Law of the Republic of Belarus "About enforcement proceeding".";

1.73. in Item 200:

in part one of the word "imposes arrest such share" shall be replaced with words "issues the decree on acceptance of measure for ensuring execution of the executive document according to appendix 21";

the second to state part in the following edition:

"The legal executive sends to the relevant registering body established by the Regulations on state registration of subjects of managing approved by the Decree of the President of the Republic of Belarus of January 16, 2009 No. 1 "About state registration and liquidation (the activities termination) of subjects of managing" (The national register of legal acts of the Republic of Belarus, 2009, No. 17, 1/10418), the notification according to appendix 109 on imposing of prohibition on making of actions concerning the debtor's share in authorized capital of limited liability company, additional liability company.";

in word part three of "one month" shall be replaced with words "three months";

1.74. state Item 201 in the following edition:

"201. In case of non-presentation after three months from the date of receipt of the notification by the claimant to the legal executive of the written confirmation of appeal to the court according to part three of Item 200 of this Instruction the legal executive returns the executive document to the claimant on the basis provided by the paragraph third parts one of article 53 of the Law of the Republic of Belarus "About enforcement proceeding" and also cancels measures for ensuring execution of the executive document according to appendix 25, taken according to the procedure of part one of Item 200 of this Instruction.

If the claimant did not show after month from the date of pronouncement of the conforming judgment requirements to the relevant society according to article 104 of the Law of the Republic of Belarus "About economic societies", the legal executive returns the executive document to the claimant on the basis provided by the paragraph third parts one of article 53 of the Law of the Republic of Belarus "About enforcement proceeding" and also cancels measures for ensuring execution of the executive document according to appendix 25, taken according to the procedure of part one of Item 200 of this Instruction.";

1.75. exclude Item 202;

1.76. add Item 203 with words ", based on the executive document of court on the address of collection on it";

1.77. in Item 205:

the fourth to add part with words "(further - KOBS)";

add Item with part five of the following content:

"Charge of the alimony stops from the date of (inclusive) emergence of the circumstances specified in article 115 KOBS.";

1.78. the second Item 206 after figures "205" to add part with the words "and Item 209 parts three";

1.79. in Item 208:

from word part two" if advance payment of maintenance was not made for the reasons recognized by the legal executive valid" to exclude;

third to exclude part;

the fourth or sixth to consider parts respectively parts third or heel;

1.80. in part four of Item 209 of the word "The code of the Republic of Belarus about scrap and family" to replace with the word "KOBS";

1.81. the second Item 210 to state part in the following edition:

"Indexation of the alimony collected based on executive documents in firm sum of money is made by the employer, and also court.";

1.82. the offer first of part two of Item 212 to add with words ", and also the income specified in the resolution of Council of Ministers of the Republic of Belarus of August 12, 2002 to No. 1092";

1.83. from Item 213 of the word" (further - notaries)", "(further - lawyers)" and "About the list of types of earnings and (or) other income from which advance payment of maintenance on content of minor children is made" to exclude;

1.84. in Items 216 and 240 of the word of "The criminal code of the Republic of Belarus" to replace with the word "UK";

1.85. state Item 217 in the following edition:

"217. Execution of the executive document issued by court or executive text of the notary about collection of expenses on content of children the legal executive starts no later than the day following behind day of excitement of enforcement proceeding.";

1.86. in Item 222:

" (The Minsk Gorispolkom)" to exclude from the paragraph of the third word;

the fourth to state the paragraph in the following edition:

"houses nursing homes for handicapped children with features of psychophysical development in which there are the debtor citizen's children;";

1.87. third Item 232 to add the paragraph with the words "under the act according to appendix 65";

1.88. in Item 241 the word to "Article" shall be replaced with words "the paragraph the second Article parts one";

1.89. in Item 248 part two the word is "returned" shall be be replaced with words "are listed issued)";

1.90. to add Item 253 paragraph two after the word "or" with the words "certified by the debtor (physical person or the individual entrepreneur by putting down of the signature with surname and initials, the legal entity-the signature of his head or the other person authorized on it by constituent documents)";

1.91. state Item 256 in the following edition:

"256. Executive documents on collection of the amounts of the income of the state with mark about the termination of enforcement proceeding according to paragraphs to the second or fifth part one of article 55 of the Law of the Republic of Belarus "About enforcement proceeding" and specifying of end date of enforcement proceeding return to the court, other authorized body (authorized person) which issued this executive document.";

1.92. in Item 257:

in word part one of "The penitentiary code of the Republic of Belarus" to replace with the word "UIK";

third to state part in the following edition:

"If the debtor after the official prevention continues to evade from payment of penalty according to the court verdict in case of opportunity to pay it, the legal executive according to part 3 of article 30 WICK directs submission and materials to body of pretrial investigation for implementation of criminal prosecution.";

1.93. from Item 258 of the word "property of the debtor, about the address of property of the debtor to the income of the state otherwise (further - the executive document on confiscation)" to exclude;

1.94. 260, part the eighth Item 265 after the word of "document" to add Item with the words "about confiscation";

1.95. the fourth Item 268 after the word "contractor" to add the paragraph with the word of "act";

1.96. in Item 270:

the second after the word of "document" to add part with the words "about confiscation";

third to state part in the following edition:

"The decree on the termination of enforcement proceeding issued according to paragraphs to the second or fifth part one of article 55 of the Law of the Republic of Belarus "About enforcement proceeding" and the executive document on confiscation are taken to court, the issued executive document.";

1.97. in Item 280:

third to state part in the following edition:

"In case of the termination of enforcement proceeding on the executive document the legal executive makes the record about the termination of enforcement proceeding with indication of the reasons of the termination, date of its termination ratified except for the terminations of enforcement proceeding in the case established by the paragraph third part one of article 55 of the Law of the Republic of Belarus "About enforcement proceeding".";

add Item with part four of the following content:

"Confirmation of the fact of execution by the debtor of the executive document are:

submission to body of forced execution of the original or the copy of the document (physical person or the individual entrepreneur by putting down of the signature with surname and initials, the legal entity - the signature of his head or the other person authorized on it by constituent documents) confirming making payment for benefit of the claimant and which is drawn up according to requirements of the legislation certified by the debtor (receipts, the payment order, maps checks, etc.), with the subsequent familiarizing of this document with enforcement proceeding materials;

information obtained by the legal executive from the automated information systems (databases) of state bodies and other organizations.";

1.98. in Item 281:

from part one of the word "and the penalty imposed on the debtor in the course of execution of the executive document" to exclude;

also "(are imposed)" to exclude from part two of the word "and penalty";

1.99. the second Item 283 to state part in the following edition:

"The decree on the termination of enforcement proceeding is issued after obtaining by the legal executive from the employer of the return notification on adoption of the executive document to execution by mail, by means of fax connection, with use of information technologies, and also in the presence of other documents confirming adoption of the executive document to execution (including the document of the legal executive or the reference of relevant organ of the forced execution, person performing maintenance or providing activities of the bodies of forced execution constituted as a result of telephone conversation with the employer).";

1.100. in part one of Item 285 of the word of "the executive document" shall be replaced with words "the decision which is not turned to immediate execution";

1.101. to state appendices 1-3 to this Instruction in the following edition:

"Appendix 1

to the Instruction on enforcement proceeding

NAME OF BODY OF FORCED EXECUTION

postal and e-mail address of body of forced execution

Resolution on excitement of enforcement proceeding

Date	No. enforcement proceeding _________

Place of removal

__________________________________________________________________________________

 (the name of position of person which issued the decree, the name of body

__________________________________________________________________________________,

    forced execution, surname, official's initials)

having considered the application for excitement of executive which arrived __________________

                            (date)

productions

debtor: _________________________________________________________________________

 (the name or surname, own name, middle name (if that is available),

__________________________________________________________________________________

identification data, location or residence (place of stay)

claimant: ______________________________________________________________________

(the name or surname, own name, middle name (if that is available),

__________________________________________________________________________________

identification data, location or residence (place of stay)

executive document: _________________________________________________________

                  (name of the executive document, number, date of issue)

the body which issued the executive document: _________________________________________

requirement: ______________________________________________________________________,

                      and also the enclosed materials (in the presence),

ESTABLISHED:

The arrived documents conform to the established requirements, there are bases for excitement of enforcement proceeding.

Based on stated, being guided by Articles 11, of 12, of 42, 46 Laws of the Republic of Belarus "About enforcement proceeding",

DECIDED:

1. Initiate No. enforcement proceeding _________________.

2. Provide to the debtor seven-day term for voluntary execution of the requirement of the executive document.

3. Money is subject to transfer to the account ____________________________________________________________________________.

(name of body of forced execution, account No., name and bank code, accounting number of the payer)

4. Send this resolution to the parties of enforcement proceeding.

In case of non-execution by the debtor in time for voluntary execution of requirements of the executive document expenses on execution of the executive document and forced collection are collected from the debtor according to articles 119 and 120 of the Law of the Republic of Belarus "About enforcement proceeding".

According to part two of article 18 of the Law of the Republic of Belarus "About enforcement proceeding" the parties of enforcement proceeding shall provide to the legal executive information on execution of the executive document fully or partially no later than the day following behind day of its execution.

The resolution can be appealed (is protested) according to the procedure and the terms established by articles 124-132 of the Law of the Republic of Belarus "About enforcement proceeding".

 

______________________________	________________	_______________________
(name of position of person, issued the decree)	(signature)	(initials, surname)
	M.P.

bodies. 

acceptance time:

incorporated bank.

Appendix 2

to the Instruction on enforcement proceeding

NAME OF BODY OF FORCED EXECUTION

postal and e-mail address of body of forced execution

Resolution on excitement of enforcement proceeding

Date	No. enforcement proceeding _________

Place of removal

__________________________________________________________________________________

  (the name of position of person which issued the decree, the name of body

__________________________________________________________________________________,

        forced execution, surname, official's initials)

having considered the application (idea) of excitement which arrived __________________

                           (date)

enforcement proceeding

debtor: _________________________________________________________________________

   (the name or surname, own name, middle name (if that is available),

__________________________________________________________________________________

identification data, location or residence (place of stay)

claimant: ______________________________________________________________________

  (the name or surname, own name, middle name (if that is available),

__________________________________________________________________________________

identification data, location or residence (place of stay)

executive document: _________________________________________________________

                    (name of the executive document, number, date of issue)

the body which issued the executive document: _________________________________________

requirement: ______________________________________________________________________,

 and also the enclosed materials (in the presence),

ESTABLISHED:

The arrived documents conform to the established requirements, there are bases for excitement of enforcement proceeding.

Based on stated, being guided by Articles 11, of 12, of 42, 46 Laws of the Republic of Belarus "About enforcement proceeding",

DECIDED:

1. Initiate No. enforcement proceeding __________________.

2. To the debtor in writing to notify the legal executive on execution of the requirements of the executive document with application of documents confirming execution no later than the day following behind day of receipt of this resolution.

3. Send this resolution to the parties of enforcement proceeding.

According to part two of article 18 of the Law of the Republic of Belarus "About enforcement proceeding" the parties of enforcement proceeding shall provide to the legal executive information on execution of the executive document fully or partially no later than the day following behind day of its execution.

According to articles 119 and 120 of the Law of the Republic of Belarus "About enforcement proceeding" expenses on execution of the executive document and forced collection are collected from the debtor.

The resolution can be appealed (is protested) according to the procedure and the terms established by articles 124-132 of the Law of the Republic of Belarus "About enforcement proceeding".

 

______________________________	________________	_______________________
(name of position of person, issued the decree)	(signature)	(initials, surname)
	M.P.

bodies. 

acceptance time:

incorporated bank.

Appendix 3

to the Instruction on enforcement proceeding

NAME OF BODY OF FORCED EXECUTION

postal and e-mail address of body of forced execution

Resolution on excitement of enforcement proceeding

Date	No. enforcement proceeding _________

Place of removal

__________________________________________________________________________________

   (the name of position of person which issued the decree, the name of body

__________________________________________________________________________________,

       forced execution, surname, official's initials)

having considered the application for excitement of executive which arrived __________________

                           (date)

productions

debtor: _________________________________________________________________________

  (the name or surname, own name, middle name (if that is available),

__________________________________________________________________________________

identification data, location or residence (place of stay)

claimant: ______________________________________________________________________

      (the name or surname, own name, middle name (if that is available),

__________________________________________________________________________________

identification data, location or residence (place of stay)

executive document: _________________________________________________________

                     (name of the executive document, number, date of issue)

the body which issued the executive document: _________________________________________

requirement: ______________________________________________________________________,

and also the enclosed materials (in the presence),

ESTABLISHED:

The arrived documents conform to the established requirements, there are bases for excitement of enforcement proceeding.

Based on stated, being guided by Articles 11, of 12, of 42, 46 Laws of the Republic of Belarus "About enforcement proceeding",

DECIDED:

1. Initiate No. enforcement proceeding __________________.

2. The debtor shall perform no later than the last day of every month requirements of the executive document (before falling away of the bases) on what to notify the legal executive no later than the day following behind day of execution with the direction (provision) of supporting documents.

The debtor shall provide the information to the legal executive about place of employment no later than three days from the moment of employment.

3. Send this resolution to the parties of enforcement proceeding.

According to part two of article 18 of the Law of the Republic of Belarus "About enforcement proceeding" the parties of enforcement proceeding shall provide to the legal executive information on execution of the executive document fully or partially no later than the day following behind day of its execution.

According to articles 119 and 120 of the Law of the Republic of Belarus "About enforcement proceeding" expenses on execution of the executive document and forced collection are collected from the debtor.

The resolution can be appealed (is protested) according to the procedure and the terms established by articles 124-132 of the Law of the Republic of Belarus "About enforcement proceeding".

 

______________________________	________________	_______________________
(name of position of person, issued the decree)	(signature)	(initials, surname)
	M.P.

 

bodies. 

acceptance time:

incorporated bank.";

1.102. add the Instruction with appendix of 3-1 following content:

"Appendix 3-1

to the Instruction on enforcement proceeding

NAME OF BODY OF FORCED EXECUTION

postal and e-mail address of body of forced execution

Resolution on change of the amount of collection

Date	No. enforcement proceeding _________

Place of removal

__________________________________________________________________________________

  (the name of position of person which issued the decree, the name of body

__________________________________________________________________________________,

      forced execution, surname, official's initials)

having considered arrived	______________	_______________________________________,
	(date)	(writ of execution, resolution and other)

and also No. enforcement proceeding materials __________________________________

debtor: _________________________________________________________________________

      (the name or surname, own name, middle name (if that is available),

__________________________________________________________________________________

identification data, location or residence (place of stay)

claimant: ______________________________________________________________________

     (the name or surname, own name, middle name (if that is available),

__________________________________________________________________________________

identification data, location or residence (place of stay)

executive document: _________________________________________________________

                      (name of the executive document, number, date of issue)

the body which issued the executive document: _________________________________________

requirement: ______________________________________________________________________,

ESTABLISHED:

__________________________________________________________________________________

(the bases of change of the amount of collection according to the arrived documents are specified,

__________________________________________________________________________________.

         indexation, change of the amount of administrative punishment)

The arrived documents conform to the established requirements, there are bases for change of the amount of collection.

Based on stated, being guided by Articles 11, 12 Laws of the Republic of Belarus "About enforcement proceeding", part six of Item 31 of the Instruction on enforcement proceeding,

DECIDED:

1. Change the collection amount on No. enforcement proceeding __________________ with __________________ on ____________________ according to requirements of the executive document.

2. Send this resolution to the parties of enforcement proceeding.

The resolution can be appealed (is protested) according to the procedure and the terms established by articles 124-132 of the Law of the Republic of Belarus "About enforcement proceeding".

______________________________	________________	_______________________
(name of position of person, issued the decree)	(signature)	(initials, surname)
	M.P.

bodies.

acceptance time:

incorporated bank.";

1.103. to state appendices 4-7 to this Instruction in the following edition:

"Appendix 4

to the Instruction on enforcement proceeding

NAME OF BODY OF FORCED EXECUTION

postal and e-mail address of body of forced execution

The resolution on refusal in excitement of enforcement proceeding

Date	№_________

Place of removal

__________________________________________________________________________________

  (the name of position of person which issued the decree, the name of body

__________________________________________________________________________________,

forced execution, surname, official's initials)

having considered the application (idea) of excitement which arrived __________________

                      (receipt date)

enforcement proceeding

debtor: _________________________________________________________________________

  (the name or surname, own name, middle name (if that is available),

__________________________________________________________________________________

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