of May 15, 2008 No. 267
About some questions of implementation of account transactions and introduction of amendments and changes in the Presidential decree of the Republic of Belarus of June 29, 2000 No. 359
(In edition of Presidential decrees of the Republic of Belarus of 21.02.2014 No. 87, 07.05.2015 No. 190)
For the purpose of enhancement of the relations arising in case of suspension of account transactions in bank or the non-bank credit and financial organization (further - bank) and seizure of the money which is on accounts in bank deposits (deposits):
1. Determine that during operation of the resolution (determination) on seizure of the money which is on accounts available in bank, in bank deposits (deposits), accepted (taken out) by court (judge), the prosecutor or his deputy, criminal prosecution authority, the official of the body conducting administrative process, the legal executive (further – the resolution (determination) on seizure), and (or) the decision (resolution) on suspension of transactions according to such bank accounts made (taken-out) body State Control Committee, tax, customs authority, the Ministry of Finance, its territorial authority, local financial body, city, district and district department in the cities regional Minsk city Social Security Fund of the population of managements of the Ministry of Labour and Social Protection, the legal executive (further – the decision on suspension of account transactions), account account transactions (and in case of availability in bank only of the resolution (determination) on seizure with indication of the amount which it is seized – account account transactions within the amount which it is seized) stop, except for:
the transactions connected with implementation of payments in the budget, including in the state trust budget funds, and also state non-budgetary funds (further – payments in the budget), according to obligations of person whose account transactions are suspended and (or) on being on accounts in bank deposits (deposits) money of which it is seized;
the transactions connected with execution by bank of decisions of tax authority on tax collection, collection (duty), penalty fee and (or) resolutions of city, district and district departments in the cities regional, Minsk city Social Security Fund of the population of the managements of the Ministry of Labour and Social Protection about indisputable collection of shortage added by penalty fee in the budget of state non-budgetary fund of social protection of the population of the Republic of Belarus (further – the budget of fund) at the expense of means of debtors of the payer (other obliged person) – the organizations, in case of absence in bank of the decision on suspension of account transactions made by body of the State Control Committee, and (or) resolutions (determinations) on seizure;
other transactions which are not provided in paragraphs second and third this part (including the transactions called in paragraph three of this part, in the presence in bank of the decision on suspension of account transactions made by body of the State Control Committee, and (or) the resolution (determination) on seizure and also the transactions performed based on the unexecuted payment instructions which are in bank).
The transactions specified in paragraph four of part one of this Item are performed in the presence of permissions of all bodies (officials), the made (passed) decision on suspension account transactions, and (or) bodies (officials) who accepted (issued) the decree (determination) on seizure.
The permission specified in part two of this Item is issued based on the written application of the account holder (person having the right to dispose of the money which is on the account) or the claimant of payment, and in case of return of the money enlisted as a result of technical mistake of bank the account of the inadequate receiver which account transactions are suspended and (or) on the money of which which is on accounts in bank deposits (deposits) it is seized, – the written application of bank. Reasons for need of implementation of payment with appendix of supporting documents are specified in the statement.
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