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Ministry of Justice

Republic of Tajikistan 

On October 8, 2020 No. 565

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of September 26, 2020 No. 504

About questions of registration of notifications on pledge of personal estate and registration of secured liabilities

According to part 6 of Article 5, part 8 of article 19 of the Law of the Republic of Tajikistan "About pledge of personal estate and registration of secured liabilities", Article 116 of the Code of penal procedure of the Republic of Tajikistan and article 57 of the Law of the Republic of Tajikistan "About regulatory legal acts" the Government of the Republic of Tajikistan decides:

1. Determine the Ministry of Justice of the Republic of Tajikistan authorized state body in the sphere of registration of secured liabilities and maintaining the Unified state register of secured liabilities.

2. Approve the Order of registration of notifications and maintaining the Unified state register of secured liabilities (appendix 1).

3. Approve the list of objects which cannot be pledge subject owing to historical and cultural value or the importance for ensuring state security (appendix 2).

4. To the Ministry of Justice of the Republic of Tajikistan to bring the regulatory legal acts into accord with this resolution.

5. Declare invalid the order of the Government of the Republic of Tajikistan of September 25, 2015 No. 603 "About the Order of registration of pledges and maintaining the Unified state register of bail bonds".

Prime Minister of the Republic of Tajikistan

Emomalii Rahmon

Appendix 1

to the Order of the Government of the Republic of Tajikistan of September 26, 2020 No. 504

Order of registration of notifications on pledge and maintaining the unified state register of secured liabilities

1. General provisions

1. The order of registration of notifications on pledge and maintaining the Unified state register of secured liabilities (further - this Procedure) is developed based on part 8 of Article 19, of part 2 of article 22 of the Law of the Republic of Tajikistan "About pledge of personal estate and registration of secured liabilities" and parts 8 of Article 116 of the Code of penal procedure of the Republic of Tajikistan and determines system of state registration of notifications on pledge and maintaining the Unified state register of secured liabilities (further - the Unified state register), and also procedure for introduction of information to it in the Register.

2. This Procedure represents the procedure established by the state for the purpose of regulation of process of registration of notifications on pledge and registration of secured liabilities, determination of legal status of participants of registration of notifications on pledge and registration of secured liabilities, and also forming of free source of information on notifications on pledge and secured liabilities.

2. Registration of secured liabilities

3. Secured liabilities are recognized obligations according to which they right to claim of the creditor against the borrower, are provided with various methods of ensuring obligation fulfillment.

4. This Procedure is applied to obligations according to which right to claim of the creditor against the borrower are provided with the personal estate provided by various methods (further - secured liabilities).

5. Secured liabilities are registered by registration of the notification on pledge according to this Procedure.

3. Notification on pledge and general rules of its registration

6. The notification on pledge are notifications of the creditor on its rights to personal estate of the borrower or the third parties who are entered in the Unified state register according to this Procedure.

7. Registration of the notification on pledge is performed by entering of information into the Unified state register by filling of the corresponding registration form on the website of the Unified state register.

8. The notification on pledge can be drawn up in three forms:

- mortgage notice of registration of pledge of personal estate;

- the mortgage notification on modification and amendments in the registered secured liabilities;

- mortgage notification on objection.

9. Registration of the notification on pledge it is performed on the basis of the following principles:

- voluntary registration of the notification on pledge;

- registration of the notification on pledge from the subjects established according to the procedure (further - the registering creditors, the borrower's creditors);

- acquisition of the privilege from the creditor to satisfactions of the interests before other creditors from the cost of personal estate of the borrower;

- registration of the notification on pledge does not influence the validity of the transaction based on the creditor's right concerning the borrower about satisfaction of the interests from personal estate of the borrower;

- independent nature of parts of notifications on pledge;

- the notification on pledge does not change the transaction form established by the law, including in case of state registration of the transaction.

10. Registration of the notification on pledge is performed independently from the borrower's creditors.

11. The following subjects act as the borrower's creditors who according to this Procedure can perform registration of the notification on pledge:

- pawnbrokers;

- other creditors to whom the property of the borrower is provided as ensuring obligation fulfillment;

- owners of the property transferred to ownership to the debtor (further - private creditors).

12. According to this Procedure creditors subjects who are participants of the corresponding public legal relations are also recognized and have the right to demand from the debtor of satisfaction of the interests arising from requirements, available public nature, from property value, belonging to the debtor.

As such creditors are recognized (further - public creditors):

- the managing directors appointed by court concerning insolvent physical persons and legal entities;

- claimants for benefit of whom there is judgment on collection of personal estate which took legal effect at the expense of the debtor;

- tax and customs authorities in cases of reclamation of obligation fulfillment on payment of tax and other obligatory payments in the budget;

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