ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of September 29, 2016 No. 2831/5

About approval of the Procedure for realization of distrained property

According to parts two and the fourth article 61 of the Law of Ukraine of June 2, 2016 "About enforcement proceeding" I order to No. 1404-VIII:

1. Approve the Procedure for realization of distrained property which is applied.

2. Declare invalid the order of the Ministry of Justice of Ukraine of December 22, 2015 No. 2710/5 "About realization of distrained property by carrying out the electronic biddings", registered in the Ministry of Justice of Ukraine on December 23, 2015 at No. 1620/28065.

3. Determine that before enforcement of article 8 of the Law of Ukraine of June 2, 2016 "About enforcement proceeding" number of enforcement proceeding in the cases provided by the Procedure for realization of distrained property approved by this order is noted No. 1404-VIII according to the Unified state register of enforcement proceedings.

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 along with entry into force of the Law of Ukraine of June 2, 2016 No. 1404-VIII "About enforcement proceeding", but not earlier than day of its official publication.

6. To impose control over the implementation of this order on the deputy minister of justice of Ukraine concerning executive service Shklyar S. V.

Approved by the Order of the Ministry of Justice of Ukraine of September 29, 2016, No. 2831/5

Procedure for realization of distrained property

I. General provisions

1. In this Procedure terms are used in such values:

distrained property (further - property) - personal or real estate of the debtor (except the property withdrawn from the civil circulation, restrictedly transferable property and property specified in part eight of article 56 of the Law of Ukraine "About enforcement proceeding") on which collection is turned and which is subject to forced realization;

the website of realization of property (further - the Website) - electronic trading platform of the operator through which technical processes of the central database of electronic trading system distrained property directly or indirectly are reflected, namely: placement of organizational and methodical materials, information messages about the electronic biddings (the biddings on fixed price), results of their carrying out, implementation of registration of users, filing of applications on participation in the electronic biddings (the biddings on fixed price), ensuring access of observers and carrying out the electronic biddings (the biddings on fixed price).

Information on voluntary conveyance of condemned property is posted on the website of the organizer of the electronic biddings (the biddings on fixed price).

The website functions in the round-the-clock mode and is available to all Internet users.

Information is posted on the Website on state language, except as specified, when use of letters and symbols in Ukrainian leads to misstatement of the placed information (in particular when writing addresses of the websites on the Internet, specifying of registration numbers, etc.).

On the Website all electronic auction (the biddings on fixed price) held by the central database of electronic trading system are at the same time displayed;

the contractor - the state contractor of department of the public executive service, the private contractor;

department of the public executive service - department of forced execution of decisions of Department of the public executive service of the Ministry of Justice of Ukraine, department of forced execution of decisions near the city of Kiev of management of ensuring forced execution of decisions in the city of Kiev of Department of the public executive service of the Ministry of Justice of Ukraine, department of forced execution of solutions of management of ensuring forced execution of solutions of interregional management of the Ministry of Justice of Ukraine, department of the public executive service of interregional management of the Ministry of Justice of Ukraine;

the guarantee fee - the sum of money credited into the account of the organizer of the electronic biddings which on one lot is paid by the participant of the electronic biddings, except the cases provided by this Procedure in the amount of 5%, proceeding from the starting price of lot and which is deposit on payment of remuneration for the organization and carrying out the electronic biddings;

the identity document, - the passport of the citizen of Ukraine, the passport of the citizen of Ukraine for trip abroad, the diplomatic passport of Ukraine, the service passport of Ukraine, the identity certificate of the seaman, the certificate of the crew member, the certificate of person on return to Ukraine, the temporary certificate of the citizen of Ukraine, the certificate of the driver, the certificate of the stateless person for trip abroad, type on permanent residence, the residence permit, the migrant's card, the certificate of the refugee, the certificate of person who needs additional protection, the passport document of the foreigner;

the electronic biddings - sale of property by means of functionality of the central database of electronic trading system on which the participant who offered during trading for it the highest price becomes its owner;

the applicant - the physical person having full legal capacity, or it properly the authorized representative, the legal entity on behalf of the representative of the representative to act from his name which submitted the application for participation in the electronic biddings (the biddings on fixed price) through the Website;

step of the electronic biddings - the allowance fixed by the organizer of the electronic biddings on which during the biddings increase in starting and each following price of lot is performed. The step of the electronic biddings constitutes 5% of the starting price if the property value makes from 0, to the 10th 000, 00 UAH inclusive; 3% of the starting price if the property value makes from 10 000,01 to 100 000, 00 UAH inclusive; 2% of the starting price if the property value makes from 100 000,01 to 1 000 000, 00 UAH inclusive; 1% of the starting price if the property value makes 1 000 000, 01 UAH and more;

lot - unit of distrained property which is exposed for sale at the electronic biddings or the biddings on fixed price;

the operator of electronic trading platform (further - the Operator) - the subject of managing irrespective of pattern of ownership and subordination which affects from own name and own risk has the right to use electronic trading platform which is connected to the central database of electronic trading system therefore has opportunity to make the functions provided by this Procedure on realization of distrained property according to requirements of this Procedure.

The operator provides to participants opportunity to participate in the electronic biddings according to requirements of this Procedure through own electronic trading platform which interacts with the central database of the electronic biddings by automatic exchange of information by means of API (English application programming interface (hey-pi-ah)) - the interface of programming of appendices which is provided by the central database of electronic trading system in the form of code with open access which determines functionality and is intended for connection of electronic trading platforms of Operators to the central database of electronic trading system. The protocol of program exchange (ARE І) shall be promulgated and publicly available on the website of the Organizer;

the organizer of the electronic biddings, biddings on fixed price (further - the Organizer) - subject of managing which by results of the competitive procedure of selection of the organizer (further - Tender) provided by this Procedure is authorized on implementation of actions for maintenance of program and technical supply of the central database of electronic trading system, the preserving and data protection containing in it, servicing of this system, ensuring its permanent job and access for users to it, publications of messages on voluntary conveyance of unrealized condemned property, ensuring safety of property and accomplishment of other functions provided by this Procedure;

the organization of the electronic biddings (the biddings on fixed price) - making by the Event manager on maintenance of program and technical supply of the central database of electronic trading system, preserving and data protection, containing in it, servicing of this system, ensuring its permanent job and access for users to it, publications of messages about non-paid to transfer of unrealized condemned property, ensuring safety of property and accomplishment of other functions provided by this Procedure;

personal account of department of the public executive service - the Section of the central database of electronic trading system the distrained property, access to which the chief and the state contractors of department of the public executive service who results of their carrying out, the electronic biddings other information transferred distrained property to sale in which information messages about the electronic biddings are placed (the biddings on fixed price) (the biddings on fixed price), concerning whom the state contractor submits applications for realization of distrained property, in particular the notification on cash receipt for the acquired property or about their absence or untimely or their incomplete receipt have, makes observations by results of the electronic biddings (the biddings on fixed price) and through which go, required materials are printed out and submission of requests for realization of distrained property is performed;

personal account of the private contractor - the Section of the central database of electronic trading system the distrained property, access to which the private contractor who gave distrained property to sale in which information messages about the electronic biddings are placed (the biddings on fixed price) results of their carrying out, the electronic biddings other information has (the biddings on fixed price), concerning which the private contractor submits applications for realization of distrained property, in particular the notification on cash receipt for the acquired property or about their absence or untimely or their incomplete receipt, makes observations by results of the electronic biddings (the biddings on fixed price) and through which required materials go, printed out and submission of requests for realization of distrained property is performed;

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