ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of September 29, 2016 No. 2832/5

About introduction of amendments to some orders of the Ministry of Justice of Ukraine

According to the Law of Ukraine "About the bodies and persons performing forced execution of judgments and decisions of other bodies" No. 1404-VIII "About enforcement proceeding" and for the purpose of reduction of regulatory legal acts in compliance with requirements of the current legislation I ORDER to the Law of Ukraine of June 02, 2016:

1. Make changes to 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 (with changes), having been reworded as follows it which is applied.

2. Bring in Standard regulations on management of public service of the head territorial administrations of justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, in areas, the cities of Kiev and Sevastopol, approved by the order of the Ministry of Justice of Ukraine of April 20, 2016 No. 1183/5, registered in the Ministry of Justice of Ukraine on April 22, 2016 for No. 617/28747, the following changes:

add Item 10 with the new subitem 7 of the following content:

"7) signs agreements with persons involved in carrying out or the organization of executive actions on which payment is performed at the expense of advance installment of the claimant;".

With respect thereto subitems 7 - 22 to consider respectively subitems 8 - 23.

3. In areas, the cities of Kiev and Sevastopol, the Ministry of Justice of Ukraine approved by the order of April 20, 2016 No. 1183/5, registered in the Ministry of Justice of Ukraine on April 22, 2016 for No. 618/28748, to state Item 12 of the Standard regulations on department of the public executive service of the head territorial administrations of justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea in the following edition:

"12. The department is legal entity, has accounts in bodies of the Public treasurer service of Ukraine for accounting of the deposit amounts and transfer of the means collected from debtors and their payment to claimants and the separate off-budget account for transfer of advance installments of claimants, and also accounts for accounting of the deposit amounts and transfer of the means collected from debtors and their payment to claimants in foreign currency in banks, seal with the image of the State Emblem of Ukraine and the name.".

4. Determine that before enforcement of article 8 of the Law of Ukraine of June 02, 2016 No. 1404-VIII "About enforcement proceeding" the main information base for implementation of enforcement proceeding is the Unified state register of enforcement proceedings.

5. To department concerning justice and homeland security of the Ministry of Justice of Ukraine (Oleynik E. M.) submit this order on state registration according to the Presidential decree of Ukraine of October 03, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".

6. This order becomes effective along with entry into force of the Law of Ukraine of June 02, 2016 No. 1404-VIII "About enforcement proceeding", but not earlier than day of its official publication.

7. 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 April 2, 2012 No. 512/5

(in edition of the Order of the Ministry of Justice of Ukraine of September 29, 2016 No. 2832/5)

Instruction on the organization of forced execution of decisions

I. General provisions

1. This Instruction is developed according to the Law of Ukraine "About the bodies and persons performing forced execution of judgments and decisions of other bodies", the Law of Ukraine of June 2, 2016 No. 1404-VIII "About enforcement proceeding" (further - the Law), other legal acts of Ukraine and regulatory legal acts of the Ministry of Justice of Ukraine and determines single questions of the organization of execution of judgments and decisions of other bodies (officials) (further - the decision) which according to the Law are subject to forced execution.

2. Forced execution of decisions, the stipulated in Article 3 Laws, the state contractors and private contractors perform (except the decisions provided by part two of article 5 of the Law) (further - contractors).

3. Bodies of the public executive service are:

Department of the public executive service of the Ministry of Justice of Ukraine which includes department of forced execution of decisions;

managements of the public executive service of the head territorial administrations of justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol (further - management of the public executive service) which part departments of forced execution of decisions are;

district, district in the cities, city (the cities of regional value), interdistrict departments of the public executive service of the relevant territorial administrations of justice (further - departments of the public executive service).

4. Are subordinated to department of forced execution of decisions of Department of the public executive service of the Ministry of Justice of Ukraine decisions according to which:

debtors are the Office of the Verkhovna Rada of Ukraine, Administration of the President of Ukraine, the Cabinet of Ministers of Ukraine, the central executive bodies, the Constitutional Court of Ukraine, the Supreme Court of Ukraine, the supreme specialized courts, Appeal Courts, the Prosecutor General's Office of Ukraine, regional prosecutor's offices, National anti-corruption bureau of Ukraine, the Supreme council of justice the National Bank of Ukraine, Audit Chamber, Administration of the Verkhovna Rada of the Autonomous Republic of Crimea, Council of Ministers of the Autonomous Republic of Crimea, regional, Kiev and Sevastopol city councils or the regional, Kiev and Sevastopol city public administrations and their structural divisions, other public authorities and their officials;

the amount of the obligation constitutes twenty and more than million hryvnias or equivalent foreign currency amount.

Are subordinated to department of forced execution of solutions of managements of the public executive service of the head territorial administrations of justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol decisions according to which:

debtors are territorial authorities of the central executive bodies and their structural divisions, local courts, city, regional or settlement councils or district public administrations and their structural divisions, local prosecutor's offices, other territorial subdivisions of public authorities and their officials;

the amount of the obligation constitutes from six to twenty million hryvnias or equivalent foreign currency amount.

Accomplishment of decisions concerning debtors who are in the territory 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, is performed by department of forced execution of solutions of management of the public executive service of the Head territorial administration of justice in the Kherson region.

5. The main information base about carrying out enforcement proceeding is the automated system of enforcement proceeding (further the automated system).

Information about debtors (except data concerning the debtors determined in part five of article 9 of the Law) is entered in the Unified register of debtors which is the compound automated system.

The mechanism of functioning of the automated system determines the Regulations on the automated system of enforcement proceeding approved by the order of the Ministry of Justice of Ukraine of August 5, 2016 No. 2432/5, registered in the Ministry of Justice of Ukraine on August 12, 2016 at No. 1126/29256.

6. When implementing enforcement proceeding the contractor makes the decision by pronouncement of resolutions, preventions, introduction of representations, creation of acts and protocols, provision of orders, orders, requirements, giving of requests, statements, messages or other procedural documents in the cases provided by the Law and other regulatory legal acts.

7. The resolution as the separate document contains the following obligatory details:

number of enforcement proceeding;

introductory part with indication of:

names of the resolution, date of issue of the resolution and place of removal;

the name of body of the public executive service, surname, name and middle name of the state contractor which issued the decree or surnames, name and middle name of the private contractor who issued the decree, the name of the executive district in which it performs activities;

the name of the executive document when also by whom it is issued, substantive provisions of the document (further - details of the executive document);

on summary enforcement proceeding - surname, name and the debtor's middle name - physical person, full name of the debtor - the legal entity and date of consolidation of enforcement proceedings in summary;

motivation part with indication of motives for which the contractor made the relevant decision (came to certain conclusions), and references to the provision of the law based on which the decree is issued;

substantive provisions with indication of:

the decision made by the contractor;

term and procedure for appeal of the resolution.

In resolutions also other data determined by the Law, this Instruction and other regulatory legal acts can be entered.

The resolution is signed by the contractor and sealed. The resolution is constituted in the necessary number of copies, one of which remains in enforcement proceeding, and others go on accessory.

If the resolution goes in electronic form, it is signed by the digital signature.

If the resolution of the contractor is the executive document, it shall conform to the requirements to the executive document determined by article 4 of the Law.

Other officials of bodies of the public executive service in the cases provided by the Law and this Instruction issue decrees taking into account the requirements determined by this Item.

8. The act - the document confirming certain established facts or events.

The text of the act consists of details of the executive document with indication of essence of the carried-out actions; on summary enforcement proceeding - full name (surname, name and middle name) the debtor and date of consolidation of enforcement proceedings in summary, and also the introductory and stating parts.

In introductory part the name of the act, date and the place of its creation, position, surname, name, middle name of the contractor, the basis for creation of the act, person which were present at its creation, with indication of their status in enforcement proceeding, the places of residence (location), positions, other available data are specified, the number of sheets on which the statement is drawn up is specified.

In narrative recitals the purposes and tasks of creation of the act, essence and nature of the carried-out executive actions, established facts, events, and also in case of need conclusions and offers are stated.

At the end of the act (before signatures) data on the number of copies of the act and to whom they are presented are specified (go).

The act is signed by all persons who were taking part in its creation. In case of refusal from signing of persons which were present at creation of the act about it the mark in the act becomes. The mark "refused the signature" is put down opposite to surname of person who refused the signature and certified by signatures of other persons which were present at creation of the act.

In the act also other data determined by the Law, this Instruction and other regulatory legal acts can be entered.

9. The requirement of the contractor is the written instrument which is constituted in the cases provided by the Law and is obligatory for accomplishment by bodies, organizations, organizations, officials and physical persons about provision for the state contractor of the documents or their copies necessary for implementation of its powers, making of other actions necessary for execution of the decision.

The requirement is signed by the contractor and goes by mail or other means of communication or is handed the contractor to person who shall make actions.

10. The order of the contractor is the written instrument which is constituted in the cases provided by the Law on carrying out separate executive actions by bodies, organizations, organizations, officials and physical persons.

11. The request of the contractor is the written instrument which is obligatory for accomplishment by bodies, organizations, organizations, officials and physical persons about provision for the contractor of information, the documents or their copies necessary for implementation of its powers.

The acquired information is used by bodies of the public executive service (the private contractor) only in the office purposes.

12. In the requirement, the power of attorney, request of the contractor are surely specified:

name of body of the public executive service, surname, name and middle name of the state contractor or surname, name and middle name of the private contractor;

date of opening and number of enforcement proceeding;

details of the executive document;

accomplishment term;

failure to carry out effects.

II. Participants of enforcement proceeding

1. Realization by participants of enforcement proceeding of the powers, and also involvement of other persons to participation in carrying out executive actions and realization of the powers by them are performed according to the Section III of the Law.

The contractor when implementing enforcement proceeding shall use all rights and powers necessary for ensuring impartial, effective, timely and complete fulfillment of the decision granted to it.

2. Employees engagement of police within the powers conferred to them is performed by the contractor in case of execution of decisions for ensuring public safety and procedure, prevention, suppression of the criminal and administrative offenses, taking measures directed to elimination of threats of life and to health of contractors, the physical persons which arose when carrying out executive actions for forced execution of judgments and decisions of other bodies based on the motivated resolution of the contractor which goes to the head of territorial authority of police at the venue of executive action.

3. Involvement of guardianship and custody bodies according to the powers assigned to them surely is performed by the state contractor in case of execution of decisions on confiscation and transfer of the child, establishment of appointment to it or removal of obstacles in appointment to the child, and also in case of need providing the rights and interests of the children and disabled persons needing guardianship (guardianship).

4. In case of need to carrying out or the organization of executive actions the contractor has the right to attract subjects of managing.

5. Involvement by the contractor of other bodies, companies, organizations, organizations, officials, physical persons in case of forced execution of decisions is performed if their presence can promote timely and full implementation of decisions.

6. Attraction to enforcement proceeding of relevant organs, the companies, organizations, the organizations, officials and physical persons (except witnesses) is performed by the contractor by pronouncement of the resolution on involvement of these persons.

In this resolution are surely specified the description of the reasons which caused need of attraction, time and the place of making of executive actions, and also other necessary data.

The copy of the resolution goes to relevant organ, organization, the organization, the subject of managing, person no later than the next day from the date of removal, but not later than three days prior to the planned actions.

7. Before executive actions the contractor orally explains to persons of their right and obligation involved in case of forced execution of decisions about what it is noted in the act.

The contractor controls making of actions by the involved persons.

8. For examination and explanation of questions which arise when implementing enforcement proceeding and require special knowledge, the contractor on own initiative or according to the statement of the parties appoints the resolution the expert or the specialist (in case of need - several experts or specialists), and for assessment of property (property rights) - subjects of estimative activities - subjects of managing, and also in case of need - the translator.

In the resolution on appointment of the expert or the specialist, subject of estimative activities - the subject of managing, the translator questions on which these persons shall provide the written conclusion (report) or from what language it is necessary to make transfer, or type and the characteristic of property which it is necessary to identify, estimate, etc., terms of implementation of the corresponding actions are specified.

In the resolution the warning of responsibility surely is specified:

to the expert - for refusal without valid excuse of execution of the obligations assigned to it when implementing enforcement proceeding, provision of obviously false conclusion when implementing enforcement proceeding;

to the subject of estimative activities - the subject of managing (appraiser) - for doubtful or non-objective assessment of property;

to the translator - for making of obviously incorrect translation during enforcement proceeding, and also for refusal without valid excuse of execution of the obligations assigned to it in enforcement proceeding.

9. The right and obligation of the Parties and other participants of enforcement proceeding are implemented according to article 19 of the Law.

10. Powers of the agents of the parties participating in enforcement proceeding shall be certified by such documents:

power of attorney of physical person;

the power of attorney of the legal entity or documents certifying the right of representation of the legal entity (the document on appointment of the legal entity as the head, etc.);

decision on appointment as the guardian, custodian or managing director of heritable property;

the order to which the agreement extract is surely attached, in which powers of the lawyer as the representative or restriction of its rights to making of separate actions are specified; the order of body or organization, authorized by the law on provision of free legal assistance or about provision of legal assistance.

The documents certifying powers of representatives shall be drawn up according to requirements of the current legislation.

Originals of the documents specified in this Item or properly certified their copies join enforcement proceeding materials.

After the certificate availability at the representative of properly drawn up power of attorney the original of such power of attorney in case of need returns to the agent of the party of enforcement proceeding.

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