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ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of February 8, 2022 No. 407/5

About some questions of realization of jewelry and other household products from gold, silver, platinum and metals of platinum group, gemstones and pearls, scrap and separate parts of such products during forced execution of judgments and decisions of other bodies

According to articles 56, of 61 Law of Ukraine "About enforcement proceeding" and to Items 3, 10 Regulations on the Ministry of Justice of Ukraine, the Cabinet of Ministers of Ukraine approved by the resolution of July 2, 2014 228, ORDER to No.:

1. Approve the Procedure for realization of jewelry and other household products from gold, silver, platinum and metals of platinum group, gemstones and pearls, scrap and separate parts of such products during forced execution of judgments and decisions of other bodies which is applied.

2. Approve Changes in some regulatory legal acts of the Ministry of Justice of Ukraine which are attached.

3. To the state company to "SETS" (Mamro A.) and to Department of the public executive service of the Ministry of Justice of Ukraine (Kiselyov N.) in three-months time from the date of entry into force of this order to take measures for ensuring implementation of this order.

4. To management of justice and punitive justice of the Ministry of Justice of Ukraine (Oleynik A.) submit this order on state registration according to the Presidential decree of Ukraine of October 3, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".

5. This order becomes effective from the date of its official publication, except Item 1 of this order which becomes effective in three months from the date of its official publication.

6. To impose control of execution of this order on the deputy minister of justice of Ukraine concerning executive service Gaychenko A.

Approved by the Order of the Ministry of Justice of Ukraine of February 8, 2022, No. 407/5

Procedure for realization of jewelry and other household products from gold, silver, platinum and metals of platinum group, gemstones and pearls, scrap and separate parts of such products during forced execution of judgments and decisions of other bodies

I. General provisions

1. This Procedure is developed according to the laws of Ukraine "About enforcement proceeding", "About state regulation of production, production and use of precious metals and gemstones and control of transactions with them" and other legal acts of Ukraine.

2. This Procedure determines the procedure of the address of collection on jewelry and other household products from gold, silver, platinum and metals of platinum group, gemstones and pearls, scrap and separate parts of such products during forced execution of judgments and decisions of other bodies.

3. In this Procedure terms are used in the values given in the laws of Ukraine "About enforcement proceeding" and "About state regulation of production, production and use of precious metals and gemstones and control of transactions with them".

4. Action of this Procedure extends on:

jewelry and household products from precious metals, the gemstones, gemstones of organogenic education, semiprecious stones including which became useless or lost the operational value or separate parts of such products;

gemstones, gemstones of organogenic education, semiprecious stones;

waste and scrap of precious metals in any kind and condition;

other products from precious metals and gemstones on which collection in enforcement proceeding is turned (further - values).

5. Action of this Procedure does not extend to values which are confiscated in the income of the state.

II. Preparation of values for realization

1. After the inventory and arrest of the revealed values of the debtor and their transfer on storage to banks of Ukraine by the state contractor, the private contractor (further - the contractor) make actions for preparation of such values for further realization.

2. In case of availability on the values determined by paragraphs the second and fifth item 4 of the Section I of this Procedure, prints of the state assay brand, the contractor according to the procedure, established by the legislation, involves the central executive body realizing state policy in the field of the state assay control (further - state body), in conducting examination of such prints.

If by results of examination of print of the state assay brand on values its compliance to requirements of the regulating documentation is established (authenticity), the contractor performs actions for cost determination of the corresponding values.

If by results of examination of print of the state assay brand on values its discrepancy to requirements of the regulating documentation is established (the print this deformed, counterfeit or uncertain) or if values contain inserts of gemstones, and also in case of the address of collection on the values determined by the paragraph the fourth item 4 of the Section I of this Procedure, the contractor according to the procedure, established by the legislation, attracts the state company of assay control for the purpose of determination:

tests of alloy of precious metal of which values are made;

characteristics of insert (inserts) (in the presence);

compliance of product characteristics to requirements of regulating documents;

values other information which the state company of assay control within the powers determined by the legislation can provide.

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