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RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF BELARUS

of May 21, 2021 No. 93

About interaction of bodies of forced execution with state bodies and the organizations

Based on the paragraph of the fourth subitem 6.35 of Item 6, parts one of Item 11 of the Regulations on the Ministry of Justice of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 31, 2001 No. 1605, the Ministry of Justice of the Republic of Belarus DECIDES:

1. Approve the Instruction about order of interaction of bodies of forced execution with the State automobile inspection of the Ministry of Internal Affairs, public institution "State inspectorate for small size vessels", the organizations subordinated to the Ministry of forestry it (is applied).

2. This resolution becomes effective since July 15, 2021. 

Minister

O. L. Slizhevsky

It is approved

Ministry of Internal Affairs of the Republic of Belarus

 

Ministry of Emergency Situations of the Republic of Belarus

 

Ministry of forestry of the Republic of Belarus

 

 

Approved by the Resolution of the Ministry of Justice of the Republic of Belarus of May 21, 2021 No. 93

The instruction about order of interaction of bodies of forced execution with the State automobile inspection of the Ministry of Internal Affairs, public institution "State inspectorate for small size vessels", the organizations subordinated to the Ministry of forestry

Chapter 1. General provisions

1. This Instruction determines order of interaction of bodies of forced execution with the State automobile inspection of the Ministry of Internal Affairs (further - GAI), public institution "State inspectorate for small size vessels" (further - the State inspection), the organizations subordinated to the Ministry of forestry (further - Minleskhoz), in case of execution of the resolution of the legal executive on acceptance of measure for ensuring execution of the executive document in the form of temporary restriction of the right of the debtor - the citizen, including the individual entrepreneur, on control of motorized vehicles, motor small size vessels which engine power exceeds kilowatt 3,7 (5 horsepowers) (further - small size vessels), the rights to hunting (further, unless otherwise specified, - the resolution on acceptance of measure for providing).

2. In this Instruction terms and their determinations in the values established by the Law of the Republic of Belarus of October 24, 2016 No. 439-Z "About enforcement proceeding" are applied.

3. Interaction of bodies of forced execution with the state bodies and the organizations specified in Item 1 of this Instruction is performed by exchange of information and coordination of necessary actions for execution of the resolution on acceptance of measure for providing.

4. When making executive actions the legal executive establishes availability at the debtor of the rights to control of motorized vehicles, small size vessels, on hunting, and also finds out whether use of these rights of need in connection with disability or as the single means of income acquisition is.

The measure for ensuring execution of the executive document in the form of temporary restriction of the right of the debtor - the citizen, including the individual entrepreneur, on control of motorized vehicles, small size vessels, the rights to hunting is not accepted if it is determined that use of the rights to control of motorized vehicles, small size vessels, on hunting is necessary for the debtor in connection with the circumstances specified in part one of this Item.

Chapter 2. Temporary restriction of the right of the debtor to control of motorized vehicles

5. Execution of the resolution on acceptance of measure for providing in the form of temporary restriction of the right of the debtor to control of motorized vehicles is performed by the legal executive by entering of data on temporary restriction of the right of the debtor to control of motorized vehicles into information system of the Ministry of Internal Affairs (further - IS Ministry of Internal Affairs), and in the absence of such opportunity - by the direction of this resolution in GAI at the place of residence of the debtor.

6. Actions, stipulated in Item the 5th this Instruction, shall be made by the legal executive no later than the working day following behind day of the proper notice of the debtor about the measures for ensuring execution of the executive document taken concerning it in the form of temporary restriction of the right to control of motorized vehicles.

7. In case of receipt in GAI of the resolution on acceptance of measure for providing in the form of temporary restriction of the right of the debtor to control of motorized vehicles the service employee of GAI no later than the working day following behind day of receipt of this resolution enters data on temporary restriction of the right of the debtor to control of motorized vehicles in IS Ministry of Internal Affairs.

8. Data on suspension of execution of the resolution on acceptance of measure for providing in the form of temporary restriction of the right of the debtor to control of motorized vehicles, about cancellation of such restriction, about replacement of this measure for providing by another no later than the working day following behind day of pronouncement of the relevant resolution are introduced by the legal executive in IS Ministry of Internal Affairs, and in the absence of such opportunity - the resolution in the same time goes to GAI at the place of residence of the debtor.

9. The service employee of GAI no later than the working day following behind day of receipt of one of the resolutions listed in Item 8 of this Instruction enters the corresponding data in IS Ministry of Internal Affairs.

Chapter 3. Temporary restriction of the right of the debtor to control of small size vessels

10. The state inspectorate provides to the legal executive the information on availability or absence at the debtor of the certificate on the right of control of small size vessels, the international certificate on the right of control of the pleasure craft no later than ten working days from the date of receipt of the corresponding request.

11. Execution of the resolution on acceptance of measure for providing in the form of temporary restriction of the right of the debtor to control of small size vessels consists in withdrawal at the debtor of the certificate on the right of control of small size vessels, the international certificate on the right of control of the pleasure craft.

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