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Ministry of Justice of Ukraine

February 12, 2019

147/33118

ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of February 12, 2019 No. 413/5

About introduction of amendments to the order of the Ministry of Justice of Ukraine of September 29, 2016 No. 2831/5

According to part two of article 61 of the Law of Ukraine "About enforcement proceeding", to Items 3, 4 orders of the Cabinet of Ministers of Ukraine of March 11, 2015 ORDER to No. 212-r "Some questions of realization of distrained property by carrying out the electronic biddings":

1. Item 2 of the order of the Ministry of Justice of Ukraine of September 29, 2016 No. 2831/5 "About approval of the Procedure for realization of distrained property", registered in the Ministry of Justice of Ukraine on September 30, 2016 for No. 1301/29431, to exclude.

With respect thereto Items 3 - 7 to consider respectively Items 2 - 6.

2. Approve Changes in the Procedure for realization of distrained property approved by the order of the Ministry of Justice of Ukraine of September 29, 2016 No. 2831/5, registered in the Ministry of Justice of Ukraine on September 30, 2016 for No. 1301/29431 (further - the Procedure) which are applied.

3. Take into consideration that the State company to "SETS" continues implementation of the functions provided by Procedure concerning the distrained property transferred to it to realization, prior to activities of the organizer of the electronic biddings for realization of the distrained property determined on competitive basis, and before completion of the procedures, provided by Procedure.

4. To administrative department of the Ministry of Justice of Ukraine:

in fifteen-day time from coming into force of this order to take measures for the organization of tender;

provide within competence acceptance of other measures for implementation of this order.

5. To provide to department of the public executive service of the Ministry of Justice of Ukraine within competence taking measures for implementation of this order.

6. To department concerning justice and homeland security of the Ministry of Justice of Ukraine to submit this order on state registration according to the Presidential decree of Ukraine of October 3, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".

7. This order becomes effective from the date of its official publication.

8. To impose control of execution of this order on the deputy minister of justice of Ukraine concerning executive service Glushchenko S. V.

The deputy minister of justice of Ukraine Representative of Ukraine for the European Court of Human Rights

I.Leshchina

Approved by the Order of the Ministry of Justice of Ukraine of February 12, 2019 No. 413/5

Changes in the Procedure for realization of distrained property

1. In the Section I:

Item 1 to state 1) in the following edition:

"1. In this Procedure terms are used in such values:

distrained property (further - property) - personal or real estate of the debtor (except the property withdrawn from the civil circulation, restrictedly transferable property and property specified in part eight of article 56 of the Law of Ukraine "About enforcement proceeding") on which collection is turned and which is subject to forced realization;

the website of realization of property (further - the Website) - electronic trading platform of the operator through which technical processes of the central database of electronic trading system distrained property directly or indirectly are reflected, namely: placement of organizational and methodical materials, information messages about the electronic biddings (the biddings on fixed price), results of their carrying out, implementation of registration of users, filing of applications on participation in the electronic biddings (the biddings on fixed price), ensuring access of observers and carrying out the electronic biddings (the biddings on fixed price).

Information on voluntary conveyance of condemned property is posted on the website of the organizer of the electronic biddings (the biddings on fixed price).

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