of November 19, 2019 No. 418
About databank of enforcement proceedings
For the purpose of enhancement of accounting treatment, processing, accumulating, storage and provision of data on enforcement proceedings I decide:
1. Create databank of enforcement proceedings.
2. Approve Regulations on databank of enforcement proceedings it (is applied).
3. Creation of databank of enforcement proceedings is performed at the expense of the means of forced collection which went the Ministries of Justice into the disposal.
Program and technical maintenance and upgrade of databank of enforcement proceedings are performed at the expense of the means of forced collection which went into the disposal the Ministries of Justice, the republican budget and other sources which are not prohibited by the legislation.
4. To Council of Ministers of the Republic of Belarus:
provide reduction of acts of the legislation in compliance with this Decree;
take other measures for implementation of this Decree.
5. To provide to the Ministry of Justice till January 1, 2021 creation of databank of enforcement proceedings.
6. This Decree becomes effective in the following procedure:
Items 12-24 of the Regulations on databank of enforcement proceedings approved by this Decree - since January 1, 2021;
other provisions of this Decree - after its official publication.
The paragraph the fourth Item parts one 16, Items 18 and 20 of the Regulations on databank of enforcement proceedings approved by this Decree are effective till January 1, 2023.
President of the Republic of Belarus
A. Lukashenko
Approved by the Presidential decree of the Republic of Belarus of November 19, 2019 No. 418
1. This Provision establishes procedure for forming and maintaining databank of enforcement proceedings (further - databank).
2. Tasks of forming and maintaining databank are:
accounting of data on enforcement proceedings;
provision to citizens of the Republic of Belarus, foreign citizens and stateless persons (further - citizens), to individual entrepreneurs of the Republic of Belarus, foreign individual entrepreneurs (further - individual entrepreneurs), to the legal entities of the Republic of Belarus, foreign legal entities and the organizations who are not legal entities (further - legal entities), to notaries, courts, other state bodies of data on enforcement proceedings;
strengthening of control of course of execution of executive documents from claimants;
ensuring the maximum respect for interests of the state by means of provision to state bodies of necessary information on course of execution of executive documents;
increase in efficiency of receipt of information on enforcement proceedings;
control of processing, accumulating, storage and provision of data on enforcement proceedings.
3. The databank is created and conducted on the basis of the principles:
completeness, reliability and relevance of the data containing in it;
availability of data on enforcement proceedings taking into account stipulated by the legislation restrictions;
ensuring protection of the data containing in databank;
variabilities of receipt of data from databank.
4. When maintaining databank nation-wide qualifiers are used.
5. The databank contains data on enforcement proceedings to which for the purposes of this provision information belongs:
about the debtor and the claimant *;
about number and date of excitement of enforcement proceeding;
about the name, date, number of the executive document, authorized body (authorized person) which issued it;
about contents of requirements of the executive document;
about the outstanding amount which is subject to collection on enforcement proceeding, the collected amount and remaining balance of debt;
about the name of body of forced execution in which is there (was) on execution enforcement proceeding;
about committed executive actions, the taken measures for ensuring execution of the executive document;
about result of execution (with indication of the bases of the termination, termination of enforcement proceeding, return of the executive document to the claimant) and end date of enforcement proceeding.
6. Collection, processing, storage and provision of personal data of the citizens containing in data on enforcement proceedings are performed without written consent these persons according to the procedure, established by this Provision.
7. The owner and the operator of databank is the Ministry of Justice.
8. The Ministry of Justice when forming and maintaining databank:
provides the automated centralized processing and accumulating of data on the enforcement proceedings created with use of information resources of bodies of forced execution in electronic form, storage, updating, provision and protection of the data containing in databank;
determines program technical means of forming and maintaining databank;
establishes templates (formats of files) of electronic documents for maintaining databank;
provides accomplishment of complex of legal, organizational and technical measures on ensuring confidentiality, integrity, authenticity, availability and safety of information, including in case of its collection, processing, accumulating, updating, storage, search and provision.
9. The Ministry of Justice shall post on the official site on the global computer Internet information on procedure for receipt of data from databank, including about the amount of the state tax for provision of the corresponding data and procedure for its introduction (details for payment).
The Ministry of Justice and regional (The Minsk city) executive committees shall:
provide completeness, reliability and relevance of the data containing in databank and their protection;
exercise control of compliance of the data containing in databank, to the data containing in information resources of bodies of forced execution;
provide observance of requirements of legal acts imposed to procedure for collection, processing, provision of personal data.
10. Means of information protection for maintaining databank are subject to confirmation of conformity in the cases and procedure established by the legislation.
11. Responsibility for completeness, reliability and relevance of the data containing in databank, including for the losses caused as a result of entering into databank of incomplete and (or) unreliable information bear the Ministry of Justice and regional (The Minsk city) executive committees.
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