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ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of June 9, 2022 No. 2297/5

About modification of some regulatory legal acts of the Ministry of Justice of Ukraine

According to article 9 of the Law of Ukraine "About enforcement proceeding", Items 3, 10 Regulations on the Ministry of Justice of Ukraine, the Cabinet of Ministers of Ukraine approved by the resolution of July 02, 2014 228, order to No.:

1. Bring 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 the ode No. 512/5, registered in the Ministry of Justice of Ukraine on April 2, 2012 for No. 489/20802 (in edition of the order of the Ministry of Justice of Ukraine of September 29, 2016 No. 2832/5), the following changes:

1) in item 4 of the Section I:

to state the paragraph of the seventh in the following edition:

"During action of warlike situation accomplishment of decisions which place of accomplishment according to part one of article 24 of the Law is the territory which according to the Law of Ukraine "About providing the rights and freedoms of citizens and legal regime in temporarily occupied territory of Ukraine" is temporarily occupied territory of Ukraine, or the territory included in the List of territorial communities which are located around carrying out military (fighting) operations or which are in temporary occupation, cordon (blocking), approved Minreintegration in coordination with the Ministry of Defence based on regional relevant proposals, Kiev city military authorities (further - the List) is performed by body of the public executive service which competence extends to such territory, on condition of change of the location by it which will not fall under the list, or body of the public executive service, certain Ministry of Justice of Ukraine according to representations/offers of Department of the public executive service of the Ministry of Justice of Ukraine.";

after the paragraph of the seventh to add with new paragraphs the eighth - the tenth the following content:

"In case of determination by the Ministry of Justice of Ukraine of body of the public executive service to which powers on forced execution of decisions which place of accomplishment is temporarily occupied territory of Ukraine or the territory included in the List will be assigned the administrator of the automated system of enforcement proceeding based on the written notice of Department of the public executive service of the Ministry of Justice of Ukraine provides to such body of the public executive service access to enforcement proceedings which are (were) on execution in body of the public executive service which location is temporarily occupied territory of Ukraine or the territory included in the List.

The enforcement proceeding which is (was) on execution in body of the public executive service which location is temporarily occupied territory or the territory included in the List is accepted to execution by the body of the public executive service determined by the Ministry of Justice of Ukraine based on the order or the resolution of the head of department of ensuring forced execution of decisions to which the body of the public executive service determined by the Ministry of Justice of Ukraine which are provided by results of consideration of the appeal of the party of enforcement proceeding or other person or the order of the head of the supreme body of the public executive service is subordinated.

Information on change of the location of bodies of the public executive service or determination of body of the public executive service to which powers on forced execution of decisions which place of accomplishment is temporarily occupied territory of Ukraine or the territory included in the List will be assigned is published on the website of the Ministry of Justice of Ukraine and websites of interregional managements of the Ministry of Justice of Ukraine in process of its updating.";

Item 23 of the Section III after the paragraph of the eighth to add 2) with the new paragraph the ninth the following content:

"If the executive document returned to the claimant was on execution in body of the public executive service which location is temporarily occupied territory or the territory included in the List, the decree on exception of information about the debtor of the Unified register of debtors is issued by the state contractor of the body of the public executive service determined by the Ministry of Justice of Ukraine according to the paragraph the seventh item 4 of the Section I of this Instruction.".

With respect thereto the ninth - the fifteenth to consider paragraphs respectively paragraphs the tenth - the sixteenth.

2. Bring in the Regulations on the automated system of enforcement proceeding approved by the order of the Ministry of Justice of Ukraine of August 05, 2016 No. 2432/5, registered in the Ministry of Justice of Ukraine on August 12, 2016 for No. 1126/29256, the following changes:

1) in Item 16 of the Section III:

the paragraph one to state in the following edition:

"16. In case of unplanned absence of the state contractor or availability of the circumstances complicating execution of decisions the head of body of the public executive service or his deputy the first day of absence/emergence of the circumstances complicating execution of decisions enters at 10:00 o'clock information on need of transfer of enforcement proceedings to other state contractor into the System.";

in the paragraph the second to exclude words of "the absent state contractor";

third after words "work of the state contractor" to add the paragraph with words "or elimination of the circumstances complicating execution of decisions"";

2) in Item 7 of the Section IV:

after paragraph one to add with the new paragraph the second the following content:

"In case, stipulated in Item 4 Sections I of the Instruction on the organization of forced execution of decisions approved by the order of the Ministry of Justice of Ukraine of April 02, 2012 No. 512/5, registered in the Ministry of Justice of Ukraine on April 02, 2012 for No. 489/20802, registration of transfer of enforcement proceeding it is performed by body of the public executive service which accepts enforcement proceeding to execution.".

With respect thereto paragraphs two - to consider the fifth respectively paragraphs third - the sixth;

third to state the paragraph in the following edition:

"From the moment of registration of transfer of the executive document (enforcement proceeding) the System makes impossible registration of executive actions according to this executive document (enforcement proceeding) by the contractor who gave him (the contractor from whom the enforcement proceeding is transferred), except registration of cancellation of transfer of the executive document (enforcement proceeding) and registration of transfer of enforcement proceeding by body of the public executive service which accepts enforcement proceeding to execution.".

3. To the state company "National Information Systems" (Berezhnaya A.) together with Department of the public executive service of the Ministry of Justice of Ukraine (Kiselyov N.) to take measures for ensuring implementation of this order.

4. To management of justice and punitive justice of the Ministry of Justice of Ukraine (Oleynik E.) 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 Gaychenko A.

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