ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of July 16, 2019 No. 2165/5

About approval of Changes in some orders of the Ministry of Justice of Ukraine

According to Items 3, 10 Regulations on the Ministry of Justice of Ukraine, the Cabinet of Ministers of Ukraine approved by the resolution of July 2, 2014 228, ORDER to No.:

1. Item 3 of the order of the Ministry of Justice of Ukraine of March 24, 2017 No. 954/5 "About establishment of the amount of payment for use of the automated system of enforcement proceeding", registered in the Ministry of Justice of Ukraine on March 27, 2017 for No. 406/30274, to state in the following edition:

"3. The payment for use of System of bodies of the public executive service is performed at the expense of the money collected from the debtor on this enforcement proceeding on enforcement proceeding expenses.".

2. Approve Changes in some orders of the Ministry of Justice of Ukraine which are attached.

3. To the state company "National Information Systems" (Lurye S. S.) together with Department of the public executive service of the Ministry of Justice of Ukraine (Vorobyov A. V.) in three-months time from the date of entry into force of this order to take measures for ensuring implementation of this order.

4. To department concerning justice and homeland security of the Ministry of Justice of Ukraine (Oleynik A. N.) 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".

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

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

It is approved: CEO of the state company "National Information Systems"

S. Lurye

Approved by the Order of the Ministry of Justice of Ukraine of July 16, 2019 No. 2165/5

Changes in some orders of the Ministry of Justice of Ukraine

1. In the Instruction on the organization of forced execution of decisions approved by the order of the Ministry of Justice of Ukraine of April 2, 2012 No. 512/5, registered in the Ministry of Justice of Ukraine on April 02, 2012 for No. 489/20802 (in edition of the order of the Ministry of Justice of Ukraine of September 29, 2016 No. 2832/5):

1) in the paragraph the second item 4 of the Section I:

after words Supreme Court to exclude the word of Ukraine;

replace the word "justices" with the word of "justice";

2) in the Section III:

state Item 3 in the following edition:

"3. The application for forced execution of the decision is submitted to body of the public executive service or to the private contractor in writing with the original (duplicate) of the executive document.

The following data are specified in the statement for forced execution of the decision:

name and date of issue of the executive document;

surname, name and (in the presence) middle name of the claimant;

birth date and residential address or findings of the claimant;

registration number of accounting card of the taxpayer or series and passport number (for physical persons which because of the religious beliefs in accordance with the established procedure refused adoption of registration number of accounting card of the taxpayer and notified on it the relevant monitoring body and have mark in the passport) the claimant;

phone number of the claimant;

method of transfer of the sums of money collected from the debtor (in case of execution of the decision on money recovery);

account details, opened in bank or in other financial institution, for receipt of the sums of money collected from the debtor (in the presence).

The claimant has the right to specify data which identify the debtor in the statement for forced execution of the decision or can promote forced execution of the decision (accounts of the debtor, place of employment or receipts of other income by it, specific property of the debtor and his location, etc.).

The document confirming its powers is attached to the application for forced execution of the decision which is submitted by the representative of the claimant.

The claimant submits the separate application for forced execution of the decision for each executive document submitted on forced execution.";

add the Section after Item 20 with new Item of 21 following contents:

"21. The termination of enforcement proceeding is performed in the presence of the bases and according to the procedure, determined in article 39 of the Law.

In case of revenues to the account of body of the public executive service of the means collected from the debtor (including from realization of property of the debtor), requirements of all claimants, collection of executive collection, expenses of enforcement proceeding and penalties, sufficient for satisfaction, imposed on the debtor the contractor after preparation of the order of the state contractor, the stipulated in Item 13th Section VII of this Instruction, issues the decree on the termination of enforcement proceeding based on Item 9 parts one of article 39 of the Law.".

With respect thereto to consider Item 21 Item 22;

Items 2, 3 Sections VI to state 3) in the following edition:

"2. Expenses of enforcement proceeding consist of the minimum and additional expenses of enforcement proceeding.

The contractor issues the decree on the size of the minimum expenses of enforcement proceeding along with the resolution on opening of enforcement proceeding (except enforcement proceedings on execution of decisions of the European Court of Human Rights) and sends it to the parties of enforcement proceeding no later than the next working day after its removal.

The minimum costs of enforcement proceeding consist of payment for use of the automated system of enforcement proceeding and the costs connected with pronouncement of resolutions about:

opening of enforcement proceeding;

collection of executive collection (except cases when executive collection is not levied);

collection of the main remuneration of the private contractor (except cases when the main remuneration is not levied);

collection of expenses of enforcement proceeding;

termination of enforcement proceeding (return of the executive document to the claimant).

The expenses connected with pronouncement of resolutions include the following cost types of enforcement proceeding:

production of resolutions and cover letters to them (paper, copying (seal) of documents, stationery);

transfer of the resolution (envelopes, signs of post payment (brand) or service of the labeling machine (service of mail service)).

Enforcement proceeding expenses which are determined by this Item as the minimum costs of enforcement proceeding belong to additional expenses of enforcement proceeding.

If during forced execution of the decision by body of the public executive service (the private contractor) additional expenses of enforcement proceeding were performed, the contractor at stage of distribution of the sums of money collected from the debtor according to requirements of the Law issues the decree on determination of the size of additional expenses of enforcement proceeding (except enforcement proceedings on execution of decisions of the European Court of Human Rights) in which specifies the sizes and types of additional expenses of enforcement proceeding made in the corresponding enforcement proceeding.

If in case of return of the executive document to the claimant on the bases provided by Items 1, of 3, of 4, of 6, 8 parts one of article 37 of the Law or about the termination of enforcement proceeding on the bases provided by Items 1, of 2, of 6, of 7, 9 - 15 parts one of article 39 of the Law, expenses of enforcement proceeding were not collected, the state contractor issues the decree on collection of expenses of enforcement proceeding (except enforcement proceedings on execution of decisions of the European Court of Human Rights) in which specifies the types and expense amounts of enforcement proceeding made in the corresponding enforcement proceeding. The resolution on collection of expenses of enforcement proceeding no later than the next working day from the date of the termination of enforcement proceeding (return of the executive document to the claimant) is registered in the automated system of enforcement proceeding, the executive document is subject to execution according to the procedure, provided by the Law and this Instruction.

The state contractor shall open enforcement proceeding under the resolution on collection of expenses of enforcement proceeding no later than the next working day from the date of its registration in the automated system of enforcement proceeding.

If in case of the termination of enforcement proceeding or return of the executive document enforcement proceeding expenses which were performed by the private contractor at the expense of own means were not collected, the private contractor if necessary issues the decree on collection of expenses of enforcement proceeding which is subject to execution according to the procedure, established by the Law and this Instruction.

The resolution on collection of expenses of enforcement proceeding goes to the parties of enforcement proceeding no later than the next working day after its removal.

3. Advance installments of claimants are used by the contractor for implementation of expenses of enforcement proceeding according to the procedure, determined by Item 17 of the Section VII of this Instruction.

About use of advance installment the contractor prepares the report in which he provides the list of the expenses of enforcement proceeding performed at the expense of advance installment with indication of the amounts of the means paid on financing of each of costs. The report on use of advance installment is signed by the contractor and remains in enforcement proceeding materials.

In case of transfer of the executive document according to Item 7 of the Section III of this Instruction, transfer of enforcement proceeding according to Items 4, of the 6th Section V of this Instruction the unused advance installment of the claimant is transferred into the corresponding account of body of the public executive service (the private contractor) to which the executive document or enforcement proceeding, along with pronouncement by the contractor of the resolution on transfer of the executive document (enforcement proceeding) is transferred. The report on use of advance installment in which the list of the expenses of enforcement proceeding performed at the expense of advance installment with indication of the amounts of the means paid on financing of each of costs is provided is attached to the resolution on transfer of the executive document (enforcement proceeding).

If expenses of enforcement proceeding were performed at the expense of advance installment of the claimant, these funds are transferred to the claimant as return of advance installment at the expense of the enforcement proceeding expenses collected from the debtor.

In case of the termination of enforcement proceeding or return of the executive document the unused advance installment returns to the claimant no later than three working days from the date of pronouncement of the relevant resolution.";

4) in paragraphs the second, sixth Item 13 of the Section VII of the word "sufficiency of the amount for covering of all requirements of the claimant and" to exclude.

2. In the Regulations on the automated system of enforcement proceeding approved by the order of the Ministry of Justice of Ukraine of August 5, 2016 No. 2432/5, registered in the Ministry of Justice of Ukraine on August 12, 2016 for No. 1126/29256:

1)) the twelfth Item 6 of the Section I to state the paragraph in the following edition:

"online debt repayment on enforcement proceeding.";

2) in the Section VI:

add Item 1 with the new paragraph of such content:

"Sistema's information in the amount provided by this Item can be provided with use of service service in the form of the applied program interface of Sistema. Provision of service service is performed on terms of the contract, concluded with the administrator Sistemy.";

state Item 2 in the following edition:

"2. The System information access is provided to the parties of enforcement proceeding via instruments of electronic identification according to the Law of Ukraine "About electronic confidential services", and also via the identifier for information access about enforcement proceeding which is specified in the certificate of registration of the executive document and the resolution on opening of enforcement proceeding.

The system provides:

possibility of forming by the parties of enforcement proceeding of the summarized information on decisions (executive actions) taken (made) by the contractor with indication of date of their acceptance (making) and with possibility of printing of such information;

access of enforcement proceeding to the parties to documents of enforcement proceeding.

During access of the parties of enforcement proceeding to information of System the possibility of online debt repayment on enforcement proceeding is provided. During forming of request for online payment the total debt on enforcement proceeding taking into account collection of executive collection, expenses of enforcement proceeding, the penalties imposed on the debtor on enforcement proceeding, the main remuneration of the private contractor is reflected.".

 

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