RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF BELARUS

of November 30, 2015 No. 201

About entering of amendments and changes into the Instruction on enforcement proceeding

Based on paragraph two of subitem 6.35 of Item 6 and 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; 2012, No. 26, 8/24948; National legal Internet portal of the Republic of Belarus, 16.01. 2013, 8/26753; 30.10. 2013, 8/28019; 23:01. 2015, 8/29442), following amendments and changes:

1.1. Item 5 after the word "belong" to add with the words "all questions on enforcement proceeding, except for the questions carried by the Code of civil procedure of the Republic of Belarus to competence of court including";

1.2. in part five of Item 6 of the word "bring representation to the judge about determination removal" and "with Article 169 of the Code of civil procedure of the Republic of Belarus" to replace respectively with the words "issue the decree" and "with Item 54-1 of this Instruction";

1.3. in Item 9:

in part one:

to exclude from the paragraph of the eleventh word "according to the procedure, established by acts of the legislation";

after the paragraph of the twelfth to add part with the paragraph of the following content:

"issue the decree on the debtor's drive;";

the thirteenth - the twenty fourth to consider paragraphs respectively paragraphs the fourteenth - the twenty fifth;

twenty third to exclude the paragraph;

the twenty fourth and twenty fifth to consider paragraphs respectively paragraphs the twenty third and twenty fourth;

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

"In the presence of the written petition of the debtor and good causes the legal executive has the right to resolve money transfer from the current (settlement) account. Permission of the legal executive with indication of the sum determined to transfer and purposes of payment in form according to appendix 2-1 goes for execution to bank.";

the third and fourth to consider parts respectively parts four and heel;

1.4. in Item 10:

state part one in the following edition:

"10. The legal executive issues decrees:

about change of the place of making of executive actions in form according to appendix 3-1;

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

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

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

about correction of slips, typographical errors and arithmetic mistakes in form according to appendix 7-1;

about taking measures to ensuring execution of the executive document;

about suspension of enforcement proceeding in form according to appendix 7-2;

about renewal of enforcement proceeding in form according to appendix 7-3;

about the address of collection on the money which is due to the debtor from the third parties in form according to appendix 7-4;

about the address of collection on the electronic money which is on e-wallet of the debtor;

about suspension fully or partially transactions according to the current (settlement) accounts;

about the debtor's drive;

about search of the debtor;

about making of separate executive action in form according to appendix 7-5;

about adjournment of executive actions in form according to appendix 8;

about 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;

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

about the termination of enforcement proceeding in form according to appendix 9-1;

about transfer of difference between the cost of the transferred property and remaining balance of debt on enforcement proceeding;

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

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

from word part five "about 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 in the same time" to exclude;

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

"The resolution of the legal executive can be appealed by the claimant or the debtor or is protested by the prosecutor in higher body of forced execution (the higher official), and in case of disagreement with its decision - in court in the place of execution of the executive document according to the procedure, stipulated in Clause 479 Codes of civil procedure of the Republic of Belarus.";

the seventh to consider part part eight;

1.5. state Item 14 in the following edition:

"14. Execution according to executive documents is performed by the legal executive of body of forced execution within which action of jurisdiction the debtor lives or works or in the location of its property (if debtor is the legal entity - in the location of executive body of this person or in the location of its property).

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 legal executive in the course of execution of the executive document receives necessary data, including from the automated information systems (databases) of state bodies and other organizations, about the debtor and his property and undertakes other measures for establishment of property on which collection in all territory of the Republic of Belarus can be turned.

When obtaining in the course of execution of the executive document on which check of property status is not complete of information on the location of the debtor and his property on which collection, out of jurisdiction of body of forced execution in which execution is performed can be turned:

within one area (Minsk) - the legal executive directs representation to the chief bailiff on the respective area Minsk) behind the written permission for execution of the executive document in all territory of the respective area (Minsk);

in the territory of different areas (Minsk) - the legal executive shall apply to the Chief bailiff of the Republic of Belarus for the written permission for execution of the executive document in all territory of the Republic of Belarus.

In case of receipt of refusal on execution of the executive document out of jurisdiction of body of forced execution by the legal executive the decree on making of separate executive action is issued.

Treat separate executive actions:

seizure and if necessary the organization of assessment of property of the debtor including who is at other persons;

execution of the resolution of the legal executive on application of measures for ensuring execution of the executive document;

withdrawal of property of the debtor including who is at other persons with the subsequent transfer to his claimant (other persons) or on realization;

arrest and cash withdrawal of the money of the debtor including which are due to him from other persons with their subsequent transfer into the deposit account of relevant organ of forced execution;

control of realization by the debtor of distrained property if it is granted the right of independent realization of property;

obtaining from the parties of enforcement proceeding and other persons of oral or written information, including in the form of explanations if it is necessary for execution implementation.

In cases when concerning the same debtor availability of property on which collection can be turned is established, in jurisdiction of several bodies of forced execution within one area (Minsk), the enforcement proceeding based on the decision of the chief bailiff on the respective area Minsk) is transferred on execution to the control of forced execution.

In cases when concerning the same debtor availability of property on which collection can be turned is established, in jurisdiction of several bodies of forced execution in the territory of different areas (Minsk), the enforcement proceeding based on the decision of the Chief bailiff of the Republic of Belarus is transferred to execution to head department of forced execution of the Ministry of Justice of the Republic of Belarus.

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