of May 21, 2021 No. 92
About change of the resolution of the Ministry of Justice of the Republic of Belarus of April 7, 2017 No. 67
Based on paragraph one of subitem 6.35 of Item 6 and 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 following changes:
in Item 8:
the twelfth after words "resolution" and "and" to add the paragraph respectively with the words "or act" and "(or)";
the paragraph the fourteenth after the word "seventh" to add with words "the ninth and";
in Item 9:
in part one:
to state the paragraph of the sixth in the following edition:
"about introduction of amendments to the resolution;";
after the paragraph of the sixth to add part with the paragraph of the following content:
"about introduction of amendments to the act;";
paragraphs the tenth, forty first, forty fifth - the forty eighth, fiftieth and fifty first to exclude;
in the paragraph the twenty fourth:
after the word "its" to add with the word of "bank";
add the paragraph with words ", electronic money";
to exclude from paragraphs of the twenty fifth and fifty fifth word "fully or partially";
after the paragraph of the thirtieth to add part with the paragraph of the following content:
"about state registration of arrest of real estate;";
after the paragraph of the thirty sixth to add part with the paragraph of the following content:
"about refusal in transfer of the biddings (the electronic biddings);";
to state the paragraph of the fifty second in the following edition:
"about the address of collection on the money and other property of the debtor which are on its bank accounts in deposits (deposits) in bank and (or) the non-bank credit and financial organization;";
the fifty fourth after the word "means" to add the paragraph with the words "and other property";
in the paragraph the sixtieth shall be replaced with words the word of "pledge" "about pledge";
after the paragraph of the sixty second to add part with the paragraph of the following content:
"about return of mistakenly listed money;";
after part one to add Item with part of the following content:
"The head of body of forced execution issues decrees:
about return without consideration of the claim (protest) to the resolution, action (failure to act) of the legal executive, other employee of body of forced execution;
about suspension of term of consideration of the claim (protest) to the resolution, actions (failure to act) of the legal executive, other employee of body of forced execution;
about renewal of consideration of the claim (protest) to the resolution, actions (failure to act) of the legal executive, other employee of body of forced execution;
about consideration of the claim (protest) to the resolution, actions (failure to act) of the legal executive, other employee of body of forced execution.";
in word part two of "Article 11 part three" shall be replaced with words "Article 12";
the fifth to state part in the following edition:
"Slips or arithmetic mistakes made by the legal executive, the head of body of forced execution in resolutions and acts improve them by removal:
resolutions on the address of collection on the money and other property of the debtor which are on its bank accounts in deposits (deposits) in bank and (or) the non-bank credit and financial organization and withdrawal of earlier issued decree - in case of correction of the slips or arithmetic mistakes made in the resolution specified in the paragraph the forty seventh to part one of this Item;
resolutions on the address of collection on the money and other property of the debtor which are in escrow with the bank and (or) the non-bank credit and financial organization, and withdrawal of earlier issued decree - in case of correction of the slips or arithmetic mistakes made in the resolution specified in the paragraph the forty ninth to part one of this Item;
resolutions on introduction of amendments to the resolution - in case of correction of the slips and (or) arithmetic mistakes made in other resolutions which are not specified in paragraphs second and third to this part;
resolutions on introduction of amendments to the act - in case of correction of the slips and (or) arithmetic mistakes made in the statements which are drawn up by the legal executive.";
Item 12 part one after the word "obligations)" to add with the words "in the absence of dispute on the right on the fact of legal succession and the group of people which is legal successors, subordinated to court";
the second Item 16 to state part in the following edition:
"About participation of the translator, specialist in enforcement proceeding the legal executive issues the decree on participation of the translator or the resolution on participation of the specialist.";
to add the name of Chapter 4 with words ", other employee of body of forced execution";
add Item 18 with words ", to the parties of enforcement proceeding";
"according to part three of article 48 of the Law of the Republic of Belarus "About enforcement proceeding" to exclude from part two of Item 19 of the word;
in Item 21:
in part one:
words "resolutions, actions (failure to act) of the head" shall be replaced with words "other worker";
exclude the words "according to the procedure of subordination";
in part two:
after the word of "contractor" to add with words "other employee of body of forced execution,";
add part with words ", other employee of body of forced execution";
in Item 22 part one:
in paragraph one of the word "claim (protest) to resolutions, actions (failure to act) of the head" shall be replaced with words "other worker";
in the paragraph the second the word of "head" shall be replaced with words "other worker";
the second Item 23 after the word of "contractor" to add part with words ", other employee of body of forced execution";
in Item 25:
in part two:
the word of "head" shall be replaced with words "other worker";
after words to add" (failure to act) of the legal executive" with words ", other employee of body of forced execution";
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