RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF BELARUS

of September 19, 2014 No. 196

About modification and amendments in the Instruction on enforcement proceeding

Based on paragraphs two and the fifth subitem 6.35 of Item 6, 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 December 20, 2004 No. 40 (The national register of legal acts of the Republic of Belarus, 2005, No. 2, 8/11871; 2011, No. 119, 8/24236; 2012, No. 26, 8/24948; No. 66, 8/25934; National legal Internet portal of the Republic of Belarus, 16.01. 2013, 8/26753; 11:06. 2013, 8/27594; 30.10. 2013, 8/28019; 26.04. 2014, 8/28613), following changes and amendments:

1.1. state Item 1 in the following edition:

"1. This Instruction determines conditions and procedure for execution of court decrees and other executive documents (further - executive documents) bodies of forced execution of court decrees and other executive documents (further - bodies of forced execution) who are a part of the system:

the head department of forced execution of the Ministry of Justice of the Republic of Belarus heading system of bodies of forced execution;

territorial authorities of forced execution.

Territorial authorities of forced execution are:

managements of forced execution of head departments of justice regional (The Minsk city) executive committees (further - managements of forced execution);

district (interdistrict), city, district departments of forced execution of managements of forced execution in the cities (further - departments of forced execution).";

1.2. in Item 2 of the word", consisting under the relevant courts" shall be replaced with words "head department of forced execution of the Ministry of Justice of the Republic of Belarus and territorial authorities of forced execution";

1.3. state Item 3 in the following edition:

"3. The legal executive the citizen of the Republic of Belarus having, as a rule, legal or economic secondary vocational or higher education capable on the moral and business qualities to fulfill the duties assigned to it can be appointed.";

1.4. state item 4 in the following edition:

"4. The Ministry of Justice of the Republic of Belarus, head departments of justice regional (The Minsk city) executive committees (further - head departments of justice) perform organizational, personnel and material logistics of bodies of forced execution.

Ministry of Justice of the Republic of Belarus:

together with regional (To the Minsk city) executive committees will organize forced execution of court decrees, other executive documents in the corresponding territory;

exercises coordination and control of activities of bodies of forced execution;

adopts the regulatory legal acts relating to field of activity of bodies of forced execution within the competence;

performs other functions in the field of forced execution according to the legislation of the Republic of Belarus.

Head departments of justice:

will organize work of the relevant territorial authorities of forced execution;

provide control of timely and complete execution of executive documents;

perform matching of candidates for positions of legal executives and conduct their reserve;

will organize professional training and advanced training of legal executives, carry out their certification;

within competence consider addresses of citizens and legal entities concerning execution of forced execution of executive documents by the relevant territorial authorities, take measures for enhancement of this work;

analyze statistical data on maintaining enforcement proceedings;

generalize practice of execution of executive documents;

develop and make offers in the Ministry of Justice of the Republic of Belarus on enhancement of activities of bodies of forced execution.";

1.5. state Item 5 in the following edition:

"5. Questions of excitement of enforcement proceeding, control of voluntary execution, forced execution, return of the executive document to the claimant, expense determination on execution of the executive document, taking measures to establishment of the residence (the place of stay) or the location of the debtor, the location of its property, entering into court of representations on the questions established by the Code of civil procedure of the Republic of Belarus and other actions provided by the Code of civil procedure of the Republic of Belarus and other acts of the legislation are within the competence of the legal executive.";

1.6. in Item 6:

part third after the word "encroachments" to add with the words "non-presentation of written explanations, documents, materials, representation of obviously unreliable information";

in part five of the word "without valid excuse from appearance in court" shall be replaced with words "from appearance to the legal executive without valid excuse";

1.7. the second and third offers of part one of Item 7 to state in the following edition: "On the same bases the legal executive shall declare rejection and refuse participation performed by the executive document. The issue of branch is resolved by the chief bailiff of relevant organ of forced execution (further - the chief bailiff) who issues the decree.";

1.8. state Items 8-12 in the following edition:

"8. In case of removal of the legal executive the enforcement proceeding based on the resolution of the chief bailiff is transferred for execution to other legal executive, and in case of removal of all legal executives of this body of forced execution goes for execution to other body of forced execution through head department of justice for execution with application of copies of all documents which are in enforcement proceeding.

9. Legal executives for the purpose of accomplishment of the tasks assigned to bodies of forced execution have the right:

in case of ambiguity or inaccuracy of the executive document to put according to the paragraph the thirteenth Item 29 of the Regulations on bodies of the forced execution of court decrees and other executive documents approved by the resolution of Council of Ministers of the Republic of Belarus of December 31, 2013 No. 1190 "About measures for implementation of the Presidential decree of the Republic of Belarus of November 29, 2013 No. 530" (The national legal Internet portal of the Republic of Belarus, 15.01. 2014, 5/38284), question before the court or body which issued it of explanation of its execution with the direction of representation in form according to appendix 2;

take measures for ensuring execution of the executive document according to the procedure, established by legal acts of the Republic of Belarus;

impose arrest property of the debtor, including the money which is at the debtor and (or) at other persons within the amount necessary for execution of the executive document and expense recovery on execution of the executive document;

announce search of the debtor;

call citizens, including officials, according to the executive documents which are in their production;

check identity documents, powers of the parties and other participants of enforcement proceeding;

receive from physical persons, officials of state bodies and other organizations necessary information (except for primary statistical data), including data from the information systems containing personal data and to have access, including remote, to the information systems containing such data by the written request or based on the agreement on provision of personal data;

upon presentation of the official ID freely to enter on the territory and rooms of individual entrepreneurs and legal entities irrespective of type of access control if other is not stipulated by the legislation, to have access to warehouses, in storages, production and auxiliary placements and on other objects for verification of presence of money, securities and other material values. If necessary with participation of witnesses to open, examine production, storage, trade and other facilities of the debtor;

carry out separate executive actions with use of electronic document management, information technologies (mailing of procedural documents, notifications on date and time of carrying out separate executive actions, challenge to the legal executive, prohibition on making of registration actions concerning real estate objects and so forth), the websites of bodies of forced execution (carrying out the electronic biddings and so forth);

use technical means (audio-and video, film and photographing) according to the procedure, established by acts of the legislation;

issue decrees on suspension fully or partially of transactions according to the current (settlement) and other bank accounts of physical persons, including individual entrepreneurs, and legal entities;

prohibit to the debtor to make certain actions;

prohibit to other persons to transfer property to the debtor or to fulfill in relation to it other obligations;

turn claim to property, including money of the debtor, according to the legislation;

make property assessment, inviting in necessary cases for these purposes of the expert (specialist), and assessment of apartment houses (apartments), other structures, buildings, constructions, objects of trade and special purpose and the companies as single property complex - with obligatory participation of the expert (specialist);

perform sale of the described or withdrawn property of the debtor in the procedure established by the law;

use transport of the claimant or debtor for transportation of the property withdrawn from the debtor with reference of expenses on the debtor;

address to the organization for state registration of real estate, the rights to it and transactions with it for implementation of state registration of creation of the real estate belonging to the debtor, origin, transition or the termination of the rights, restrictions (encumbrances) of the rights to it and transactions with it, and also origin, transition or the termination of the rights, restrictions (encumbrances) of the rights to the real estate registered addressed to the debtor, addressed to the claimant in the cases and procedure established by legal acts;

demand from citizens, officials, the corresponding legal entities of accomplishment of the certain actions specified in executive documents or directed to their execution;

exercise systematic control of correctness and timeliness of production of payroll deductions and the income of the debtor and transfer of the withheld amounts equated to it to the claimant;

inform law enforcement and monitoring bodies on the abuses revealed in course of execution, offenses and other violations of the law;

constitute protocols on administrative offenses for the offenses made in connection with execution of the executive document;

perform other stipulated by the legislation actions for execution of executive documents.

If when making survey of rooms and storages the debtor systematically interferes with access for the legal executive to the parcel of land, to residential or other room where there is property of the debtor on which under the law collection can be turned, the court based on representation of the legal executive can take out determination about survey of the room or storage of the debtor without its consent. Access for the legal executive to residential or other room of the debtor, including their forced opening, and arrest of the property of the debtor which is in them are performed in compulsory attendance of the debtor or the full age member of his family, and also owner of the parcel of land, residential and other rooms living together with it in which there is property of the debtor on which collection can be turned, and in case of impossibility of their presence - representatives of the organization performing operation of housing stock and (or) providing housing and communal services or local executive and administrative organ and in the presence of the law-enforcement bodies understood with assistance of employees, other state bodies and the organizations.

Acts, instructions, notices (message), requests and other documents of the legal executive are handed personally to the addressee, go to him post correspondence or with use of information technologies.

The challenge the legal executive of citizens and officials of legal entities is made by the agenda with the assurance of receipt in form according to appendix 3, the telephone message, the telegram, with use electronic, other types of communication providing fixation of the fact of challenge.

10. The legal executive issues decrees about (about):

the direction of the executive document in other body of forced execution in form according to appendix 3-1;

excitement of enforcement proceeding in forms according to appendices 4 and 5;

refusal in excitement of enforcement proceeding in form according to appendix 6;

return of the executive document without excitement of enforcement proceeding in form according to appendix 7;

taking measures to ensuring execution of the executive document;

making of separate executive action;

adjournment of executive actions in form according to appendix 8;

suspension and renewal of enforcement proceeding;

collection (deduction) from the debtor of expenses on execution of the executive document and (or) on approval (or change) calculation of distribution of money between claimants in form according to appendix 8-1;

return of the executive document to the claimant in form according to appendix 9;

termination of enforcement proceeding;

the termination of enforcement proceeding in form according to appendix 10;

other resolutions in the cases provided by acts of the legislation.

The chief bailiff in addition to specified in this Item issues decrees about (about):

recovery of the passed term for submission of the claim to the resolution, action (failure to act) of the legal executive;

consideration of the claim or protest on the resolution, action (failure to act) of the legal executive;

removal of the legal executive.

In the resolution of the legal executive according to Article 475-1 of the Code of civil procedure of the Republic of Belarus shall be specified:

the name of body of forced execution in case of which the legal executive consists surname, own name, middle name (if that is available) the legal executive who issued the decree;

time and place of pronouncement of the resolution, number of enforcement proceeding;

contents of requirements of the executive document;

surname, own name, middle name (if that is available) (name) of the claimant and debtor, their residence (the place of stay) or the location;

the data which formed the basis for pronouncement of the resolution;

motives for which the legal executive came to the conclusions, and the reference to Articles of the Code of civil procedure of the Republic of Belarus, Items of this Instruction and other acts of the legislation by which the legal executive was guided;

procedure and term of appeal or protest of the resolution.

The resolution is signed by the legal executive and certified by the seal of the legal executive (except for resolutions, being executive documents, which are assured by seal with the image of the State Emblem of the Republic of Belarus) corresponding to sample of seal of the legal executive in form according to appendix 11 and the following requirements:

the seal shall have the form of circle with a diameter of 37-39 millimeters;

in the middle of seal the index which is established for the chief bailiff and for each legal executive shall be placed;

on seal circle in two lines the texts containing the name of body of forced execution and the word "Legal executive" shall be placed.

The legal executive no later than the next day after pronouncement of the resolution on refusal in excitement of enforcement proceeding or about return of the executive document directs (hands) the copy of the resolution to person who declared excitement of enforcement proceeding. In case of pronouncement of other resolution the legal executive sends to the same time to the copy of the resolution to the parties, and in the cases provided by the Code of civil procedure of the Republic of Belarus and other acts of the legislation - to other participants of enforcement proceeding.

The resolution of the legal executive is handed personally to the addressee, goes post correspondence or with use of information technologies.

Accounting and storage of seals of legal executives is conducted by the chief bailiff appointed the chief of head department of justice corresponding regional (The Minsk city) of executive committee responsible, in register of seals of legal executives in form according to appendix 12. Seals are stored in cases (safes).

11. The legal executive in the course of execution of executive documents shall:

use the rights granted to it in strict accordance with the legislation, not allow in the activities of infringement of the rights and legitimate interests of physical persons and legal entities;

take all measures for timely, correct and complete making of executive actions;

according to the legislation to make the cash transactions connected with execution of executive documents;

immediately to inform the law-enforcement and controlling (supervising) bodies on the abuses revealed in course of execution, offenses and other violations of the law, having submitted the available documents.

12. Taking measures to ensuring execution of the executive document is allowed in any provision of enforcement proceeding if their rejection can complicate or make impossible execution of the executive document.

Measures for ensuring execution of the executive document according to part two of Article 482 of the Code of civil procedure of the Republic of Belarus are:

property attachment of the debtor, including on the money which is at the debtor and (or) at other persons within the amount necessary for execution of the executive document and expense recovery on execution of the executive document, in form according to appendices 12-3 and 12-4;

suspension fully or partially transactions according to the current (settlement) and other bank accounts of citizens and legal entities in banks or the non-bank credit and financial organizations;

withdrawal of property of the debtor who is at it and (or) at other persons;

prohibition to the debtor to make certain actions;

prohibition to the debtor to use the property belonging to it or establishment of limits of use of this property;

sealing of property of the debtor;

withdrawal of documents of title, including securities;

prohibition to other persons to transfer property to the debtor or to fulfill in relation to it other obligations;

temporary restriction of the right of the debtor to departure from the Republic of Belarus - for the term established by court, but no more than before obligation fulfillment;

temporary restriction of the right of the debtor - the citizen of the Republic of Belarus on control of motorized vehicles, on control of small size vessels, on hunting, except as specified need of use of these rights in connection with disability or as the single means of receipt of the income, - for the term established by court before obligation fulfillment, but no more than for five years;

other measures established by legal acts of the Republic of Belarus.

The measures provided by paragraphs to the second or ninth and twelfth part two of this Item are accepted by the legal executive according to the statement of the claimant or on own initiative.

The measures provided by paragraphs to the tenth and eleventh part two of this Item according to part four of Article 482 of the Code of civil procedure of the Republic of Belarus are accepted by court according to the statement of the claimant or representation of the legal executive if the debtor does not perform or evades from obligation fulfillment or other measures for ensuring execution of the executive document insufficiently and if it does not interfere with execution of other obligations of the debtor.

The question of taking measures to ensuring execution of the executive document is considered without challenge of the parties within three days from the date of receipt of the statement of the claimant (representation of the legal executive). At the same time consideration of question of taking measures, provided by paragraphs to the tenth and eleventh part two of this Item, is performed with the notice of the parties.

About taking measures to ensuring execution of the executive document the legal executive issues the decree, and court - determination which copies go to the claimant and the debtor, and also other persons to whom the obligation on execution of this resolution (determination) is assigned.

The resolution of the legal executive on taking measures to ensuring execution of the executive document is subject to immediate execution. Determination of court about taking measures, provided by paragraphs to the tenth and eleventh part two of this Item, is subject to execution from the moment of the notice of the debtor.

Execution of determination of court about taking measures, provided by paragraphs to the tenth and eleventh part two of this Item, according to the petition of the debtor can be suspended for the term established by court.

Execution of determination of court about acceptance of the measure provided by the paragraph the eleventh parts two of this Item is made by withdrawal at the debtor of the car driver license on the right of control of the motorized vehicle of the corresponding category, subcategory and the coupon to it, certificates on the right of control of the motor small size vessel, the state certificate on the hunting right.

For ensuring execution of the executive document several measures for ensuring execution of the executive document can be taken at the same time.

Replacement of one measure for ensuring execution of the executive document another is allowed. The question of replacement of one measure another is considered by the legal executive according to the statement of the parties, the prosecutor or on own initiative, court - according to the statement of the parties, the prosecutor or to representation of the legal executive. Consideration of question of replacement of one measure another does not stop application of the measures for ensuring execution of the executive document taken earlier.

The measures for ensuring execution of the executive document taken earlier can be cancelled by the legal executive according to the statement of the parties, the prosecutor or on own initiative, court - according to the statement of the parties, the prosecutor or to representation of the legal executive. The resolution of the legal executive (determination of court) on discharge of the security of execution of the executive document or on refusal in its cancellation is accepted no later than three days from the date of receipt of the corresponding statement in time.

The resolution of the legal executive (determination of court) concerning ensuring execution of the executive document can be appealed or protested according to the procedure, established by the Code of civil procedure of the Republic of Belarus.

Submission of the claim (the private claim) or bringing of protest (private protest) on the resolution of the legal executive (determination of court) concerning ensuring execution of the executive document do not stop execution of this resolution (determination).";

1.9. in Item 12-1:

from parts one and the second words", courts with outboard motors and hydrocycles" to exclude;

in part four:

shall be replaced with words the word of "court" "body of forced execution";

words", established in court" to exclude;

in part five:

"senior" to replace the word with the word "main";

words of "chairman of justices" shall be replaced with words "the chief of head department of justice";

in part six the word of "court" shall be replaced with words "legal executive";

1.10. in Item 13 of the word of "chairman of justices" shall be replaced with words "the chief bailiff, and also the law-enforcement and controlling (supervising) bodies, having submitted the available documents";

1.11. in Item 14:

in part one shall be replaced with words the word of "court" "body of forced execution";

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

"Executive actions for establishment and the address of collection on the money and other values which are on accounts in deposits (deposits) or stored in banks or the non-bank credit and financial organizations, and also on establishment of other property of the debtor are made by the legal executive in all territory of the Republic of Belarus.";

the second or twelfth to consider parts respectively parts of the third or thirteenth;

in parts third or heel the word "court" shall be replaced with words "body of forced execution";

the sixth to state part in the following edition:

"In case of the direction of the executive document from one body of forced execution in another within the area, the city of Minsk the legal executive issues the relevant decree in which it is specified including all information obtained within enforcement proceeding confirming property status of the debtor.";

in parts of the seventh or eighth the word "court" shall be replaced with words "body of forced execution";

from word part nine "offices of notary public, private notaries," to exclude;

in part ten "court" shall be replaced with words the word "body of forced execution";

the second offer of part eleven to state in the following edition: "In cases when the debtor has the property which is in the territory of the different areas serviced by several bodies of forced execution, body of forced execution in which on execution the executive document originally arrived based on the resolution charges making of separate executive actions to other body of forced execution.";

the twelfth and thirteenth to exclude parts;

1.12. in Item 15:

in part one of the word "they unite" shall be replaced with words "the legal executive combines them";

in word part two "courts" and "the order of the chief of head department of justice" to replace respectively with words "bodies of forced execution" and "decisions of the chief bailiff on the area Minsk)";

in word part three "The Minister of Justice of the Republic of Belarus or his deputy" shall be replaced with words "The chief bailiff of the Republic of Belarus";

the fourth to state part in the following edition:

"For the purpose of implementation of requirements of this Item and control of execution condition district (interdistrict), city, district departments of forced execution, head departments of justice, the Ministry of Justice of the Republic of Belarus in the cities create databank about excitement of enforcement proceedings in bodies of forced execution.";

1.13. in part four of Item 16 of the word "determinations of the judge of that court in case of which the legal executive consists" shall be replaced with words "resolutions of the chief bailiff";

1.14. state Items 17 and 18 in the following edition:

"17. Expenses, including on storage and transportation of property of the debtor, necessary in case of execution of the executive document, on the organization and tendering, on state registration of real estate, the rights, restrictions (encumbrances) of the rights to it and transactions with it according to Item 6 parts one of Article 485 of the Code of civil procedure of the Republic of Belarus, on payment of experts and specialists, on payment of journey of the legal executive to the place of making of executive actions, are made according to the estimate of relevant organ of forced execution.

Expenses on execution of the executive document, except for costs for the organization and tendering, are collected under the resolution of the legal executive which is the executive document, from the debtor for benefit of the state, the claimant and persons who incurred the specified expenses.

In case of realization of property of the debtor from the biddings cost recovery on the organization and tendering, including the expenses connected with production and provision to participants of documentation necessary for their carrying out is performed by the buyer of property. The amount of such compensation shall not exceed the amounts of actual costs on the organization and tendering, production of documentation necessary for their carrying out, and also to include costs on earlier held not productive auction in case of repeated exposure of property of the debtor to the biddings.

18. In case of forced making of actions for property penalties according to the resolution of the legal executive which is the executive document from the debtor it is collected ten interests from the collected amounts or cost of the collected property (are deducted). In case of forced making of actions according to the requirements having non-property character according to the resolution of the legal executive which is the executive document it is collected the sum of money in the amount of five basic sizes according to each executive document, and from the debtor - the legal entity - in the amount of ten basic sizes according to each executive document (keeps) from the debtor citizen.

The resolution of the legal executive on collection from the debtor of expenses on execution of the executive document, including the amounts, levied (withheld) according to part one of this Item, can be appealed or protested according to the procedure, stipulated in Clause 479 Codes of civil procedure of the Republic of Belarus.";

1.15. in Item 19 of the word to "making of executive actions" shall be replaced with words to "execution of the executive document";

1.16. in Item 20:

to exclude the paragraph of the eighth;

the ninth to consider the paragraph the paragraph the eighth;

1.17. exclude Item 21;

1.18. the first and second Item 22 to state parts in the following edition:

"22. Executive actions are made by legal executives. When making separate executive actions technical means (audio-and video, film and photographing) according to the procedure, established by acts of the legislation can be used to confirmation of the fact and procedure for their making.

Witnesses are present at production of executive actions at the cases established by Articles 485, 504 and 539 Codes of civil procedure of the Republic of Belarus.";

1.19. in Item 23:

state part one in the following edition:

"23. The parties in enforcement proceeding are the claimant (person for benefit of whom execution of the executive document is made) and the debtor (bound party). In enforcement proceedings about collection of the amounts of the income of the state by claimants local executive and administrative organs, and in enforcement proceedings about collection in the income of the state of the state fee - tax authorities are.";

the fifth to state part in the following edition:

"The claimant has the right to require forced execution of the executive document. The claimant and the debtor have the right to be present when making by the legal executive of actions for execution of the executive document, to appeal actions (failure to act) of the legal executive, to receive from it the references connected with execution of the executive document and also to have other rights provided by the Code of civil procedure of the Republic of Belarus for persons who are legally interested in the outcome of the case.";

after part five to add Item with parts of the following content:

"The parties shall in time, established by the legislation, court or the legal executive, to provide to the legal executive information on execution of requirements of the executive document, and also documents confirming this information, to furnish written explanations, other documents and materials upon the demand of the legal executive, to be on challenge of the legal executive, to eliminate obstacles for making of executive actions, to perform other operations provided by the Code of civil procedure of the Republic of Belarus and other acts of the legislation or assigned to them by court, the legal executive. Data on property of the debtor and sources of receipt of the income in case of their request upon the demand of the legal executive are represented by the debtor in the form established by the resolution of Council of Ministers of the Republic of Belarus of September 16, 2014 No. 892 "About establishment of form of data on property of the debtor and sources of receipt of the income" (The national legal Internet portal of the Republic of Belarus,

19:09. 2014, 5/39403).

Statements, petitions, explanations, data on property of the debtor and sources of receipt of the income, other documents and materials can be sent to the legal executive with use of information technologies.";

the sixth or ninth to consider parts respectively parts of the eighth or eleventh;

in part nine of the word "transfers him to the judge for permission" shall be replaced with words "addresses the judge with idea of permission";

in part eleven:

"judicial" and "written" to exclude words;

words of "the chairman of justices or the judge" shall be replaced with words "the chief bailiff";

the word "court" shall be replaced with words "body of forced execution";

add Item with part twelve of the following content:

"The reference is handed personally to the addressee, goes post correspondence or with use of information technologies.";

1.20. in Item 24 part two:

in the paragraph the second "courts" to replace the word with the word "court";

in paragraph four to replace the word of "courts" with the word of "court";

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

"executive texts of notaries, diplomatic agents of diplomatic representations of the Republic of Belarus and consular officials of consular establishments of the Republic of Belarus;";

from the paragraph of the seventh word" if party litigant is the citizen who is not the entrepreneur performing the activities without formation of legal entity" to exclude;

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

"binding decisions of labor arbitrations;";

the ninth to exclude the paragraph;

the tenth or thirteenth to consider paragraphs respectively paragraphs the ninth or twelfth;

the ninth to add the paragraph with words "(appendix 4 to the Code of civil procedure of the Republic of Belarus)";

1.21. in Item 25 part two:

paragraph two after the words "Republic of Belarus" to add with words "binding decisions of labor arbitrations,";

to state paragraphs of the sixth and seventh in the following edition:

"executive texts of notaries, diplomatic agents of diplomatic representations of the Republic of Belarus and consular officials of consular establishments of the Republic of Belarus;

resolutions of legal executives in the cases established by the Code of civil procedure of the Republic of Belarus and this Instruction;";

the ninth to exclude the paragraph;

the tenth and eleventh respectively to consider paragraphs paragraphs the ninth and tenth;

"court" to exclude the word from the paragraph of the tenth;

1.22. in Item 27 part one the word to "initiative" to replace with the word to "representation";

1.23. in Item 28 part one:

to exclude the word of "original";

after the word "issued" to add part with the words "according to the statement of the parties or representation of the legal executive";

1.24. in Item 29 part six:

"stamp" to exclude the word;

add part with the words "with the image of the State Emblem of the Republic of Belarus";

add Item with part nine of the following content:

"Requirements to content of executive text are determined by the legislation on notariate.";

1.25. from part one of Item 30 of the word "and according to the procedure, established by the Instruction on clerical work in district (city), intergarrison public courts of the Republic of Belarus approved by the resolution of the Ministry of Justice of the Republic of Belarus of April 23, 2013 No. 65 (The national legal Internet portal of the Republic of Belarus, 08.06. 2013, 8/27452), and the Instruction on clerical work in regional, the Minsk city, Belarusian military courts of the Republic of Belarus approved by the resolution of the Ministry of Justice of the Republic of Belarus of April 23, 2013 No. 66 (The national legal Internet portal of the Republic of Belarus, 08.06. 8/27449)" to exclude 2013,;

1.26. in part two of Item 34 of the word "If One or Both Party Litigants Are Citizens, Term" to replace with the word "Term";

1.27. Item 36 part two in paragraph four "court" shall be replaced with words the word "the chief bailiff";

1.28. in Item 37:

in word part one of "the processed executive documents" shall be replaced with words "the processed executive document";

in part two the word "court" shall be replaced with words "body of forced execution";

the seventh to state part in the following edition:

"In need of making of separate executive actions in the territory to which powers of the legal executive do not extend he has the right to charge to the legal executive of relevant organ of forced execution to make executive actions. The order is drawn up by the resolution of the legal executive. Based on the specified resolution the legal executive of body of forced execution who shall make separate executive actions initiates enforcement proceeding about execution of the resolution on making of separate executive action.";

in part eleven the word "court" shall be replaced with words "body of forced execution";

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

"The resolution can be directed with use electronic, other types of communication providing fixation of the fact of obtaining.";

the thirteenth to consider part part fourteen;

in part fourteen the word "court" shall be replaced with words "body of forced execution";

1.29. in Item 38:

in part one:

in paragraph five:

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