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The document ceased to be valid since  May 16, 2017 according to Item 2 of the Resolution of the Ministry of Justice of the Republic of Belarus of April 7, 2017 No. 67

RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF BELARUS

of December 20, 2004 No. 40

About approval of the Instruction on enforcement proceeding

(as amended on 15-07-2016)

Based on 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 enclosed Instruction on enforcement proceeding.

2. Not apply the Instruction about enforcement proceeding approved by the order of the Minister of Justice of the USSR of November 15, 1985 No. 22 (The bulletin of regulations of the ministries and departments of the USSR, No. 11).

3. This resolution becomes effective since January 1, 2005.

Minister

V. G. Golovanov

Approved by the Resolution of the Ministry of Justice of the Republic of Belarus of December 20, 2004 No. 40

Instruction on enforcement proceeding

Section I. General provisions

Chapter 1. General provisions

1. This Instruction determines conditions and procedure for execution of court decrees and other executive documents (further – executive documents) bodies of forced execution of court decrees and other executive documents (further – bodies of forced execution) who are a part of the system:

the head department of forced execution of the Ministry of Justice of the Republic of Belarus heading system of bodies of forced execution;

territorial authorities of forced execution.

Territorial authorities of forced execution are:

managements of forced execution of head departments of justice regional (The Minsk city) executive committees (further – managements of forced execution);

district (interdistrict), city, district departments of forced execution of managements of forced execution in the cities (further – departments of forced execution).

Chapter 2. Conditions of actions of the legal executive

2. Executive actions in the territory of the Republic of Belarus are made by legal executives of head department of forced execution of the Ministry of Justice of the Republic of Belarus and territorial authorities of forced execution.

3. The legal executive the citizen of the Republic of Belarus having, as a rule, legal or economic secondary vocational or higher education capable on the moral and business qualities to fulfill the duties assigned to it can be appointed.

4. The Ministry of Justice of the Republic of Belarus, head departments of justice regional (The Minsk city) executive committees (further – head departments of justice) perform organizational, personnel and material logistics of bodies of forced execution.

Ministry of Justice of the Republic of Belarus:

together with regional (To the Minsk city) executive committees will organize forced execution of court decrees, other executive documents in the corresponding territory;

exercises coordination and control of activities of bodies of forced execution;

adopts the regulatory legal acts relating to field of activity of bodies of forced execution within the competence;

performs other functions in the field of forced execution according to the legislation of the Republic of Belarus.

Head departments of justice:

will organize work of the relevant territorial authorities of forced execution;

provide control of timely and complete execution of executive documents;

perform matching of candidates for positions of legal executives and conduct their reserve;

will organize professional training and advanced training of legal executives, carry out their certification;

within competence consider addresses of citizens and legal entities concerning execution of forced execution of executive documents by the relevant territorial authorities, take measures for enhancement of this work;

analyze statistical data on maintaining enforcement proceedings;

generalize practice of execution of executive documents;

develop and make offers in the Ministry of Justice of the Republic of Belarus on enhancement of activities of bodies of forced execution.

5. All questions on enforcement proceeding, except for the questions carried by the Code of civil procedure of the Republic of Belarus to competence of court including questions of excitement of enforcement proceeding, control of voluntary execution, forced execution, return of the executive document to the claimant, expense determination on execution of the executive document, taking measures to establishment of the residence (the place of stay) or the location of the debtor, the location of its property, entering into court of representations on the questions established by the Code of civil procedure of the Republic of Belarus and other actions provided by the Code of civil procedure of the Republic of Belarus and other acts of the legislation are within the competence of the legal executive.

6. When implementing obligations on execution of executive documents legal executives are public agents.

Legal requirements of the legal executive on execution of executive documents are obligatory for all citizens, including officials, and also legal entities in all territory of the Republic of Belarus.

Non-execution or hindrance to execution of legal requirements of the legal executive, the insult of his honor and advantage, violence against the legal executive, infringement of his life, health and property or threat of making of such violence or encroachment, non-presentation of written explanations, documents, materials, representation of obviously unreliable information, and also other actions interfering execution of the obligations assigned to it attract responsibility according to legal acts.

Employees of law-enforcement bodies within the powers conferred to them by the legislation render assistance to legal executives in case of execution of service duties by them in cases if they interfere with legal executives in making of executive actions or to their life and health danger threatens.

In case of evasion of the debtor from appearance to the legal executive without valid excuse the legal executive in three-day time has the right to issue the decree on the debtor's drive according to Item 54-1 of this Instruction or to constitute the protocol on administrative offense under article 24.6 of the Code of the Republic of Belarus about administrative offenses.

In case of violation by the debtor or the other person who is not the debtor of the legislation on enforcement proceeding the legal executive shall constitute the protocol on administrative offense under Articles 24. 9, 24.10 Codes of the Republic of Belarus about administrative offenses.

7. The legal executive cannot participate performed by the executive document and is subject to branch if he personally is directly or indirectly interested in the outcome of the case or is relative of one of the parties or there are other circumstances raising doubts in his impartiality. On the same bases the legal executive shall declare rejection and refuse participation performed by the executive document. The issue of branch is resolved by the chief bailiff of relevant organ of forced execution (further – the chief bailiff) who issues the decree.

Submission of the claim or protest does not stop production of executive actions. All documents connected with question of removal of the legal executive join the corresponding enforcement proceeding.

8. In case of removal of the legal executive the enforcement proceeding based on the resolution of the chief bailiff is transferred for execution to other legal executive, and in case of removal of all legal executives of this body of forced execution goes for execution to other body of forced execution through head department of justice for execution with application of copies of all documents which are in enforcement proceeding.

9. Legal executives for the purpose of accomplishment of the tasks assigned to bodies of forced execution have the right:

in case of ambiguity or inaccuracy of the executive document to put according to the paragraph the thirteenth Item 29 of the Regulations on bodies of the forced execution of court decrees and other executive documents approved by the resolution of Council of Ministers of the Republic of Belarus of December 31, 2013 No. 1190 "About measures for implementation of the Presidential decree of the Republic of Belarus of November 29, 2013 No. 530" (The national legal Internet portal of the Republic of Belarus, 15.01. 2014, 5/38284), question before the court or body which issued it of explanation of its execution with the direction of representation in form according to appendix 2;

take measures for ensuring execution of the executive document according to the procedure, established by legal acts of the Republic of Belarus;

impose arrest property of the debtor, including the money which is at the debtor and (or) at other persons within the amount,

necessary for execution of the executive document and expense recovery on execution of the executive document;
announce search of the debtor;

call citizens, including officials, according to the executive documents which are in their production;

check identity documents, powers of the parties and other participants of enforcement proceeding;

receive from physical persons, officials of state bodies and other organizations necessary information (except for primary statistical data), including data from the information systems containing personal data and to have access, including remote, to the information systems containing such data by the written request or based on the agreement on provision of personal data;

upon presentation of the official ID freely to enter on the territory and rooms of individual entrepreneurs and legal entities irrespective of type of access control if other is not stipulated by the legislation, to have access to warehouses, in storages, production and auxiliary placements and on other objects for verification of presence of money, securities and other material values. If necessary with participation of witnesses to open, examine production, storage, trade and other facilities of the debtor;

carry out separate executive actions with use of electronic document management, information technologies (mailing of procedural documents, notifications on date and time of carrying out separate executive actions, challenge to the legal executive, prohibition on making of registration actions concerning real estate objects and so forth), the websites of bodies of forced execution (carrying out the electronic biddings and so forth);

use technical means (audio-and video, film and photographing);

issue decrees on suspension fully or partially of transactions according to the current (settlement) and other bank accounts of physical persons, including individual entrepreneurs, and legal entities;

issue the decree on the debtor's drive;

prohibit to the debtor to make certain actions;

prohibit to other persons to transfer property to the debtor or to fulfill in relation to it other obligations;

turn claim to property, including money of the debtor, according to the legislation;

make property assessment, inviting in necessary cases for these purposes of the expert (specialist), and assessment of apartment houses (apartments), other structures, buildings, constructions, objects of trade and special purpose and the companies as single property complex – with obligatory participation of the expert (specialist);

perform sale of the described or withdrawn property of the debtor in the procedure established by the law;

use transport of the claimant or debtor for transportation of the property withdrawn from the debtor with reference of expenses on the debtor;
address to the organization for state registration of real estate, the rights to it and transactions with it for implementation of state registration of creation of the real estate belonging to the debtor, origin, transition or the termination of the rights, restrictions (encumbrances) of the rights to it and transactions with it, and also origin, transition or the termination of the rights, restrictions (encumbrances) of the rights to the real estate registered addressed to the debtor, addressed to the claimant in the cases and procedure established by legal acts;

demand from citizens, officials, the corresponding legal entities of accomplishment of the certain actions specified in executive documents or directed to their execution;

exercise systematic control of correctness and timeliness of production of payroll deductions and the income of the debtor and transfer of the withheld amounts equated to it to the claimant;

constitute protocols on administrative offenses for the offenses made in connection with execution of the executive document;

perform other stipulated by the legislation actions for execution of executive documents.

If when making survey of rooms and storages the debtor systematically interferes with access for the legal executive to the parcel of land, to residential or other room where there is property of the debtor on which under the law collection can be turned, the court based on representation of the legal executive can take out determination about survey of the room or storage of the debtor without its consent. Access for the legal executive to residential or other room of the debtor, including their forced opening, and arrest of the property of the debtor which is in them are performed in compulsory attendance of the debtor or the full age member of his family, and also owner of the parcel of land, residential and other rooms living together with it in which there is property of the debtor on which collection can be turned, and in case of impossibility of their presence – representatives of the organization performing operation of housing stock and (or) providing housing and communal services or local executive and administrative organ and in the presence of the law-enforcement bodies understood with assistance of employees, other state bodies and the organizations.

In the presence of the written petition of the debtor and good causes the legal executive has the right to resolve money transfer from the current (settlement) account. Permission of the legal executive with indication of the sum determined to transfer and purposes of payment in form according to appendix 2-1 goes for execution to bank.

Acts, instructions, notices (message), requests and other documents of the legal executive are handed personally to the addressee, go to him post correspondence or with use of information technologies.

The challenge the legal executive of citizens and officials of legal entities is made by the agenda with the assurance of receipt in form according to appendix 3, the telephone message, the telegram, with use electronic, other types of communication providing fixation of the fact of challenge.

10. The legal executive issues decrees:

about change of the place of making of executive actions in form according to appendix 3-1;

about excitement of enforcement proceeding in forms according to appendices 4 and 5;

about refusal in excitement of enforcement proceeding in form according to appendix 6;

about return of the executive document without excitement of enforcement proceeding in form according to appendix 7;

about correction of slips, typographical errors and arithmetic mistakes in form according to appendix 7-1;

about taking measures to ensuring execution of the executive document;

about suspension of enforcement proceeding in form according to appendix 7-2;

about renewal of enforcement proceeding in form according to appendix 7-3;

about the address of collection on the money which is due to the debtor from the third parties in form according to appendix 7-4;

about the address of collection on the electronic money which is on e-wallet of the debtor;

about suspension fully or partially transactions according to the current (settlement) accounts;

about the debtor's drive;

about search of the debtor;

about making of separate executive action in form according to appendix 7-5;

about adjournment of executive actions in form according to appendix 8;

about collection (deduction) from the debtor of expenses on execution of the executive document and (or) on approval (or change) calculation

distributions of money between claimants in form according to appendix 8-1;

about return of the executive document to the claimant in form according to appendix 9;

about the termination of enforcement proceeding in form according to appendix 9-1;

about transfer of difference between the cost of the transferred property and remaining balance of debt on enforcement proceeding;

about the termination of enforcement proceeding in form according to appendix 10;

other resolutions in the cases provided by acts of the legislation.

The chief bailiff in addition to specified in this Item issues decrees about (about):

recovery of the passed term for submission of the claim to the resolution, action (failure to act) of the legal executive;

consideration of the claim or protest on the resolution, action (failure to act) of the legal executive;

removal of the legal executive.

In the resolution of the legal executive according to Article 475-1 of the Code of civil procedure of the Republic of Belarus shall be specified:

the name of body of forced execution in case of which the legal executive consists surname, own name, middle name (if that is available) the legal executive who issued the decree;

time and place of pronouncement of the resolution, number of enforcement proceeding;

contents of requirements of the executive document;

surname, own name, middle name (if that is available) (name) of the claimant and debtor, their residence (the place of stay) or the location;

the data which formed the basis for pronouncement of the resolution;

motives for which the legal executive came to the conclusions, and the reference to Articles of the Code of civil procedure of the Republic of Belarus, Items of this Instruction and other acts of the legislation by which the legal executive was guided;

procedure and term of appeal or protest of the resolution.

The resolution is signed by the legal executive and certified by the seal of the legal executive (except for resolutions, being executive documents, which are assured by seal with the image of the State Emblem of the Republic of Belarus) corresponding to sample of seal of the legal executive in form according to appendix 11 and the following requirements:

the seal shall have the form of circle with a diameter of 37-39 millimeters;

in the middle of seal the index which is established for the chief bailiff and for each legal executive shall be placed;

on seal circle in two lines the texts containing the name of body of forced execution and the word "Legal executive" shall be placed.

The legal executive no later than the next day after pronouncement of the resolution sends to the copy of the resolution to the parties, and in the cases provided by the Code of civil procedure of the Republic of Belarus and other acts of the legislation – to other participants of enforcement proceeding.

The resolution of the legal executive is handed personally to the addressee, goes post correspondence or with use of information technologies.

The resolution of the legal executive can be appealed by the claimant or the debtor or is protested by the prosecutor in higher body of forced execution (the higher official), and in case of disagreement with its decision – in court in the place of execution of the executive document according to the procedure, stipulated in Clause 479 Codes of civil procedure of the Republic of Belarus.

Accounting and storage of seals of legal executives is conducted by the chief bailiff appointed the chief of head department of justice corresponding regional (The Minsk city) of executive committee responsible, in register of seals of legal executives in form according to appendix 12. Seals are stored in cases (safes).

11. The legal executive in the course of execution of executive documents shall:

use the rights granted to it in strict accordance with the legislation, not allow in the activities of infringement of the rights and legitimate interests of physical persons and legal entities;

take all measures for timely, correct and complete making of executive actions;

according to the legislation to make the cash transactions connected with execution of executive documents;

immediately to inform the law-enforcement and controlling (supervising) bodies on the abuses revealed in course of execution, offenses and other violations of the law, having submitted the available documents.

12. Taking measures to ensuring execution of the executive document is allowed in any provision of enforcement proceeding if their rejection can complicate or make impossible execution of the executive document.

Measures for ensuring execution of the executive document according to part two of Article 482 of the Code of civil procedure of the Republic of Belarus are:

property attachment of the debtor, including on the money which is at the debtor and (or) at other persons within the amount necessary for execution of the executive document and expense recovery on execution of the executive document, in form according to appendices 12-3 and 12-4;

suspension fully or partially transactions according to the current (settlement) and other bank accounts of citizens and legal entities in banks or the non-bank credit and financial organizations;

withdrawal of property of the debtor who is at it and (or) at other persons;

prohibition to the debtor to make certain actions;

prohibition to the debtor to use the property belonging to it or establishment of limits of use of this property;

sealing of property of the debtor;

withdrawal of documents of title, including securities;

prohibition to other persons to transfer property to the debtor or to fulfill in relation to it other obligations;

temporary restriction of the right of the debtor to departure from the Republic of Belarus - for the term established by court, but no more than before obligation fulfillment;

temporary restriction of the right of the debtor - the citizen of the Republic of Belarus on control of motorized vehicles, on control of small size vessels, on hunting, except as specified need of use of these rights in connection with disability or as the single means of receipt of the income, - for the term established by court before obligation fulfillment, but no more than for five years;

other measures established by legal acts of the Republic of Belarus.

The measures provided by paragraphs to the second or ninth and twelfth part two of this Item are accepted by the legal executive according to the statement of the claimant or on own initiative.

The measures provided by paragraphs to the tenth and eleventh part two of this Item according to part four of Article 482 of the Code of civil procedure of the Republic of Belarus are accepted by court according to the statement of the claimant or representation of the legal executive if the debtor does not perform or evades from obligation fulfillment or other measures for ensuring execution of the executive document insufficiently and if it does not interfere with execution of other obligations of the debtor.

The question of taking measures to ensuring execution of the executive document is considered without challenge of the parties within three days from the date of receipt of the statement of the claimant (representation of the legal executive). At the same time consideration of question of taking measures, provided by paragraphs to the tenth and eleventh part two of this Item, is performed with the notice of the parties.

About taking measures to ensuring execution of the executive document the legal executive issues the decree, and court - determination which copies go to the claimant and the debtor, and also other persons to whom the obligation on execution of this resolution (determination) is assigned.

The resolution of the legal executive on taking measures to ensuring execution of the executive document is subject to immediate execution. Determination of court about taking measures, provided by paragraphs to the tenth and eleventh part two of this Item, is subject to execution from the moment of the notice of the debtor.

Execution of determination of court about taking measures, provided by paragraphs to the tenth and eleventh part two of this Item, according to the petition of the debtor can be suspended for the term established by court.

Execution of determination of court about acceptance of the measure provided by the paragraph the eleventh parts two of this Item is made by withdrawal at the debtor of the car driver license on the right of control of the motorized vehicle of the corresponding category, subcategory and the coupon to it, certificates on the right of control of the motor small size vessel, the state certificate on the hunting right.

For ensuring execution of the executive document several measures for ensuring execution of the executive document can be taken at the same time.

Replacement of one measure for ensuring execution of the executive document another is allowed. The question of replacement of one measure another is considered by the legal executive according to the statement of the parties, the prosecutor or on own initiative, court - according to the statement of the parties, the prosecutor or to representation of the legal executive. Consideration of question of replacement of one measure another does not stop application of the measures for ensuring execution of the executive document taken earlier.

The measures for ensuring execution of the executive document taken earlier can be cancelled by the legal executive according to the statement of the parties, the prosecutor or on own initiative, court - according to the statement of the parties, the prosecutor or to representation of the legal executive. The resolution of the legal executive (determination of court) on discharge of the security of execution of the executive document or on refusal in its cancellation is accepted no later than three days from the date of receipt of the corresponding statement in time.

The resolution of the legal executive (determination of court) concerning ensuring execution of the executive document can be appealed or protested according to the procedure, established by the Code of civil procedure of the Republic of Belarus.

Submission of the claim (the private claim) or bringing of protest (private protest) on the resolution of the legal executive (determination of court) concerning ensuring execution of the executive document do not stop execution of this resolution (determination).

12-1. Determinations of court about temporary restriction of the right to control of motorized vehicles, small size vessels and the rights to hunting are transferred to legal executives for taking measures to execution, and also go respectively to the State automobile inspectorate of the Ministry of Internal Affairs of the Republic of Belarus for the residence of the debtor, public institution "State inspectorate for small size vessels" and the organization subordinated to the Ministry of forestry of the Republic of Belarus.

In case of withdrawal of the certificate on the right of control of motorized vehicles, small size vessels or to hunting (further – the certificate) the legal executive draws up the statement of withdrawal of the certificate in form according to appendix 12-1.

The statement of withdrawal of the certificate is drawn up in duplicate, the first copy remains in production of the legal executive, and the second – instead of the withdrawn certificate is issued to the debtor under list on the first copy of the act. Withdrawal of the certificate is made for a period of up to execution by the debtor of obligations, but no more than for five years.

The withdrawn certificates are considered in the book of accounting of the certificates withdrawn on enforcement proceedings in form according to appendix 12-2, and are located for storage in the safe. The book shall be numbered, strung together, under seal body of forced execution and is registered according to rules of clerical work.

Accounting and storage of the withdrawn certificates are conducted by the chief bailiff appointed by the responsible order of the chief of head department of justice.

Return of the certificate to the debtor is made after execution of obligations by it on receipt in the book of accounting of the certificates withdrawn on enforcement proceedings. In case of impossibility of return of the certificate to the debtor for the reasons, independent of the legal executive (the death of the debtor, change by the debtor of the residence, absence without reasonable excuse and so forth) the certificate goes (is transferred) to body (organization), it issued.

13. The legal executive immediately (with submission of the available documents) informs on the abuses revealed in course of execution of the executive document, offenses and other violations of the law the chief bailiff, and also the law-enforcement and controlling (supervising) bodies, having submitted the available documents.

14. Execution according to executive documents is performed by the legal executive of body of forced execution within which action of jurisdiction the debtor lives or works or in the location of its property (if debtor is the legal entity - in the location of executive body of this person or in the location of its property).

Executive actions for establishment and the address of collection on the money and other values which are on accounts in deposits (deposits) or stored in banks or the non-bank credit and financial organizations, and also on establishment of other property of the debtor are made by the legal executive in all territory of the Republic of Belarus.

The legal executive in the course of execution of the executive document receives necessary data, including from the automated information systems (databases) of state bodies and other organizations, about the debtor and his property and undertakes other measures for establishment of property on which collection in all territory of the Republic of Belarus can be turned.

When obtaining in the course of execution of the executive document on which check of property status is not complete of information on the location of the debtor and his property on which collection, out of jurisdiction of body of forced execution in which execution is performed can be turned:

within one area (Minsk) - the legal executive directs representation to the chief bailiff on the respective area Minsk) behind the written permission for execution of the executive document in all territory of the respective area (Minsk);

in the territory of different areas (Minsk) - the legal executive shall apply to the Chief bailiff of the Republic of Belarus for the written permission for execution of the executive document in all territory of the Republic of Belarus.

In case of receipt of refusal on execution of the executive document out of jurisdiction of body of forced execution by the legal executive the decree on making of separate executive action is issued.

Treat separate executive actions:

seizure and if necessary the organization of assessment of property of the debtor including who is at other persons;

execution of the resolution of the legal executive on application of measures for ensuring execution of the executive document;

withdrawal of property of the debtor including who is at other persons with the subsequent transfer to his claimant (other persons) or on realization;

arrest and cash withdrawal of the money of the debtor including which are due to him from other persons with their subsequent transfer into the deposit account of relevant organ of forced execution;

control of realization by the debtor of distrained property if it is granted the right of independent realization of property;

obtaining from the parties of enforcement proceeding and other persons of oral or written information, including in the form of explanations if it is necessary for execution implementation.

In cases when concerning the same debtor availability of property on which collection can be turned is established, in jurisdiction of several bodies of forced execution within one area (Minsk), the enforcement proceeding based on the decision of the chief bailiff on the respective area Minsk) is transferred on execution to the control of forced execution.

In cases when concerning the same debtor availability of property on which collection can be turned is established, in jurisdiction of several bodies of forced execution in the territory of different areas (Minsk), the enforcement proceeding based on the decision of the Chief bailiff of the Republic of Belarus is transferred to execution to head department of forced execution of the Ministry of Justice of the Republic of Belarus.

If in the course of execution of the executive document the residence (the place of stay) or the location of the debtor changed or availability of property on which collection can be turned is authentically established, out of jurisdiction of body of forced execution in which execution is performed, the legal executive issues the decree on change of the place of making of executive actions and no later than the next day after pronouncement of such resolution sends enforcement proceeding for further execution to relevant organ of forced execution.

Execution of the resolutions obliging the debtor to make certain actions is made by body of forced execution in the place of making of such actions.

15. In cases when concerning the same debtor several enforcement proceedings are initiated, the legal executive combines them in summary enforcement proceeding. On summary enforcement proceeding the arrest allowing to perform all executive documents regardless of the seizures of property of the debtor made in providing other claim (claims) is imposed property of the debtor within the total amount of collection and expenses on execution of the executive document.

If enforcement proceedings concerning the same debtor are initiated in several bodies of forced execution of area (Minsk), then they unite in summary enforcement proceeding which based on the decision of the chief bailiff on the area Minsk) is transferred to execution to body of forced execution at the place of residence of the debtor or the location of executive body of the legal entity.

If enforcement proceedings concerning the same debtor are initiated in bodies of forced execution of the different areas (Minsk), then fulfillment of requirements specified in part one of this Item is performed by the Chief bailiff of the Republic of Belarus.

For the purpose of implementation of requirements of this Item and control of execution condition district (interdistrict), city, district departments of forced execution, head departments of justice, the Ministry of Justice of the Republic of Belarus in the cities create databank about excitement of enforcement proceedings in bodies of forced execution.

16. Executive actions are made by legal executives, as a rule, in the working days from 06:00 till 22:00. Specific time of making of executive actions is determined by directly legal executive.

In case of determination of time for making of executive actions duration of specific actions, journey time to the place of their making and other circumstances are considered.

If executive actions were are begun by the legal executive to 22.00, that they can be are continued later before their termination.

Making of executive actions in the non-working days established by the legislation and also is allowed from 22:00 till 06:00 local time in cases, being urgent, and based on the resolution of the chief bailiff. Executive actions are also allowed to be made when because of the debtor or other interested persons their making in other days or other time can complicate or make impossible execution of the executive document.

17. Expenses, including on storage and transportation of property of the debtor, necessary in case of execution of the executive document, on the organization and tendering, on state registration of real estate, the rights, restrictions (encumbrances) of the rights to it and transactions with it according to Item 6 parts one of Article 485 of the Code of civil procedure of the Republic of Belarus, on payment of experts and specialists, on payment of journey of the legal executive to the place of making of executive actions, are made according to the estimate of relevant organ of forced execution.

Expenses on execution of the executive document, except for costs for the organization and tendering, are collected under the resolution of the legal executive which is the executive document, from the debtor for benefit of the state, the claimant and persons who incurred the specified expenses.

In case of realization of property of the debtor from the biddings cost recovery on the organization and tendering, including the expenses connected with production and provision to participants of documentation necessary for their carrying out is performed by the buyer of property. The amount of such compensation shall not exceed the amounts of actual costs on the organization and tendering, production of documentation necessary for their carrying out, and also to include costs on earlier held not productive auction in case of repeated exposure of property of the debtor to the biddings.

18. In case of forced making of actions for property penalties according to the resolution of the legal executive which is the executive document from the debtor it is collected ten interests from the collected amounts or cost of the collected property (are deducted). In case of forced making of actions according to the requirements having non-property character according to the resolution of the legal executive which is the executive document it is collected the sum of money in the amount of five basic sizes according to each executive document, and from the debtor - the legal entity - in the amount of ten basic sizes according to each executive document (keeps) from the debtor citizen.

19. Expenses on transfer (transfer) by mail to the claimant of the collected amounts belong to expenses on execution of the executive document and are made at the expense of the debtor.

20. The following actions of the legal executive belong to executive actions of forced nature:

the address of claim to property of the debtor, including on the cash sums of money belonging to it and being at it and (or) other persons;

the address of collection on the money of the debtor which is on its accounts in banks and (or) the non-bank credit and financial organizations;

suspension fully or partially transactions according to the current (settlement) and other bank accounts of the debtor;

the address of collection on the money which is due to the debtor being on accounts of other persons in banks and (or) the non-bank credit and financial organizations;

withdrawal at the debtor of the property specified in the executive document and transfer to his claimant;

the address of collection on the salary of the debtor - the individual entrepreneur or the citizen and (or) other income and the amounts according to the Code of civil procedure of the Republic of Belarus;

realization of distrained property of the debtor on unfinished enforcement proceeding in the presence on execution of other enforcement proceeding about collection from the same debtor;

other actions specified in the executive document and directed to execution of requirements of the executive document.

21. No. 196 is excluded according to the Resolution of the Ministry of Justice of the Republic of Belarus of 19.09.2014

22. Executive actions are made by legal executives. When making separate executive actions technical means can be used to confirmation of the fact and procedure for their making (audio-and video, film and photographing).

Witnesses are present at production of executive actions at the cases established by Articles 485, 504 and 539 Codes of civil procedure of the Republic of Belarus.

As witnesses persons who are not interested in the outcome of the case (in number of at least two) for the certificate of the course and results of legal proceeding are invited.

Cannot be witnesses:

persons which did not reach age of majority;

persons recognized in the procedure established by the legislation as incapacitated or it is limited by capable;

persons who owing to physical or mental defects are not capable to perceive correctly the fact of production of legal proceeding, its course and results.

The witness shall certify the fact of making of executive actions, content and results of executive actions at which production it was present. The witness has the right to know for what production of executive actions he is invited based on what executive document they are made, to make statements and notes concerning the made actions. Notes of the witness are subject to entering in the act of the corresponding executive action. Before executive actions in which witnesses participate the legal executive explains them their rights and obligations.

23. The parties in enforcement proceeding are the claimant (person for benefit of whom execution of the executive document is made) and the debtor (bound party). In enforcement proceedings about collection of the amounts of the income of the state by claimants local executive and administrative organs, and in enforcement proceedings about collection in the income of the state of the state fee – tax authorities are.

Physical persons or legal entities can be claimants and debtors.

Claimant is the citizen or the organization, in advantage or for the benefit of which the executive document is issued.

Debtor is the citizen or the organization obliged to make certain actions according to the executive document (to transfer money and other property, to fulfill other duties provided by the executive document or to refrain from their making).

The claimant has the right to require forced execution of the executive document. The claimant and the debtor have the right to be present when making by the legal executive of actions for execution of the executive document, to appeal actions (failure to act) of the legal executive, to get acquainted with enforcement proceeding materials, except for the materials intended for office use, to do statements of it or at own expense to make copies of these materials, to receive from it the references connected with execution of the executive document and also to have other rights provided by the Code of civil procedure of the Republic of Belarus for persons who are legally interested in the outcome of the case.

The parties shall have honesty all rights belonging to them, without allowing abuse of them.

The parties shall in time, established by the legislation, court or the legal executive, to provide to the legal executive information on execution of requirements of the executive document, and also documents confirming this information, to furnish written explanations, other documents and materials upon the demand of the legal executive, to be on challenge of the legal executive, to eliminate obstacles for making of executive actions, to perform other operations provided by the Code of civil procedure of the Republic of Belarus and other acts of the legislation or assigned to them by court, the legal executive. Data on property of the debtor and sources of receipt of the income in case of their request upon the demand of the legal executive are represented by the debtor in the form established by the resolution of Council of Ministers of the Republic of Belarus of September 16, 2014 No. 892 "About establishment of form of data on property of the debtor and sources of receipt of the income" (The national legal Internet portal of the Republic of Belarus, 19.09. 2014, 5/39403).

Statements, petitions, explanations, data on property of the debtor and sources of receipt of the income, other documents and materials can be sent to the legal executive with use of information technologies.

Before the termination of enforcement proceeding of the party has the right to sign among themselves the voluntary settlement.

The voluntary settlement signed by the claimant and the debtor in the course of execution moves to the legal executive in writing who in three-day time addresses the judge with idea of permission of question of its approval.

The representative participating in enforcement proceeding in the presence of properly drawn up power of attorney with the powers stipulated in it has the right to making on behalf of represented all actions connected with enforcement proceeding.

Attested copies of the documents constituted on enforcement proceeding and also references are issued by the legal executive to the parties of enforcement proceeding, persons whose rights are affected by execution, and to their representatives according to the written application with the permission of the chief bailiff with payment in proper cases of the state fee in day of the appeal to body of forced execution. These statements (and in the cases providing payment of the state fee, and the document confirming its payment) join enforcement proceeding.

The reference is handed personally to the addressee, goes post correspondence or with use of information technologies.

Section II. Enforcement proceeding

Chapter 3. Bases of execution and executive documents

24. The enforcement proceeding is conducted in the Belarusian and (or) Russian languages.

By the rules stated in this Instruction the following court decrees and other acts are subject to execution:

decisions, determinations and resolutions of courts on civil cases, and also voluntary settlements, agreements on children approved by court;

sentences, determinations and resolutions of criminal court judges regarding property penalties;

court orders, other state bodies and officials regarding property penalties on cases on administrative offenses;

resolutions of prosecutors on eviction administratively;

executive texts of notaries, diplomatic agents of diplomatic representations of the Republic of Belarus and consular officials of consular establishments of the Republic of Belarus;

decisions of reference tribunals of the Republic of Belarus;

binding decisions of labor arbitrations;

foreign judgements, including arbitral (arbitration), in the cases provided by international treaties if party litigant is the citizen who is not the entrepreneur performing the activities without formation of legal entity (appendix 4 to the Code of civil procedure of the Republic of Belarus);

decisions of the commissions on employment disputes;

marriage agreements, agreements on content of the minors and (or) the disabled full age children needing the help;

other acts in cases, stipulated by the legislation.

25. The executive document is the document containing requirements about assignment of the debtor of obligation for transfer to the claimant of money and other property or for making for benefit of the claimant of certain actions (to abstention from making of these actions).

Executive documents are:

the writs of execution issued based on solutions, sentences, determinations and resolutions of courts (judges), voluntary settlements, agreements on the children approved by court, decisions of reference tribunals of the Republic of Belarus, binding decisions of labor arbitrations, foreign judgements including arbitral (arbitration) if party litigant is the citizen who is not the entrepreneur performing activities without formation of legal entity, marriage agreements, agreements on content of the minors and (or) the disabled full age children and other acts needing the help if it is stipulated by the legislation;

determinations of judges about the writ;

determinations of courts about providing the claim;

resolutions of prosecutors on eviction administratively;

executive texts of notaries, diplomatic agents of diplomatic representations of the Republic of Belarus and consular officials of consular establishments of the Republic of Belarus;

resolutions of legal executives in the cases established by the Code of civil procedure of the Republic of Belarus and this Instruction;

resolutions of state bodies and officials regarding property penalties on cases on administrative offenses;

certificates of the commissions on employment disputes;

other acts if by law they are executive documents and are subject to execution.

26. No. 201 is excluded according to the Resolution of the Ministry of Justice of the Republic of Belarus of 30.11.2015

27. No. 201 is excluded according to the Resolution of the Ministry of Justice of the Republic of Belarus of 30.11.2015

28. In case of loss of the executive document the basis for collection is its duplicate issued according to the statement of the parties or representation of the legal executive in the procedure established by the Code of civil procedure of the Republic of Belarus by the court or other body which issued the lost original of the executive document.

The duplicate of the executive document is not issued if the executive document is already performed or is not subject to execution behind lapse of time which in the procedure established by the law is not recovered.

29. In the executive document shall be specified:

the name of the court or other body which issued the executive document;

file number or material on which the executive document is issued;

acceptance date of the court decree or other act which is subject to execution;

essence of execution and completion date;

surname, own name, middle name of the claimant and debtor (physical persons), their residence (the place of stay), and also birth date and birth place of the debtor, data of the identity document of the debtor (series (in the presence) and number, identification number, date of issue, the name of body, it issued), the place of its work (in the presence);

name of the claimant or debtor (legal entities), their location, bank details;

the substantive provisions of the court decree or other act containing requirements about assignment of the debtor of obligation for transfer to the claimant of money and other property or for making for benefit of the claimant of certain actions (to abstention from making of these actions);

date of the introduction in legal force of the court decree or other act;

date of issue of the executive document and term of its presentation to execution;

data on the measures for providing the claim taken by court.

If the executive document is issued based on the foreign judgment, in it in addition to the data specified in part one of this Item the name and the location of court based on which solution the executive document is issued shall be specified.

On cases on compensation of the damage caused by crime, and the article of the Criminal code of the Republic of Belarus under which the debtor is condemned shall be specified to confiscation of property in the income of the state in writ of execution.

On cases on collection of the alimony, collection of the expenses spent by the state for content of the children who are on the state providing (further – expenses on content of children), in writs of execution surname, own name, middle name, birth date and birth place of the child on which content the specified payments are awarded are entered.

In the executive document also other data necessary for its execution can be specified.

The executive document issued based on the court decree is signed by the judge who directly issued this court decree and certified by seal of court with the image of the State Emblem of the Republic of Belarus.

The executive document issued based on the act of other body is signed by the authorized officer of this body and certified by seal of the body or person which issued it.

Requirements to content of executive text are determined by the legislation on notariate.

Chapter 4. Procedure for acceptance of executive documents, terms of their presentation to execution

30. Acceptance and registration of executive documents are made by the principle of territoriality according to Item 14 of this Instruction.

Accounting of executive documents is performed according to the procedure, provided by Chapter 23 of this Instruction.

31. The writ of execution on case, and also determination about the writ can be shown to forced execution within three years from the moment of the introduction of the court decree in legal force (except cases of immediate execution when the writ of execution is issued immediately after pronouncement of the court decree).

Presentation terms to execution of other executive documents listed in Item 25 of this Instruction are determined by the relevant legislation.

32. According to decisions on collection of periodical payments (on cases on collection of the alimony, on indemnification, the health caused by damage, and to others) executive documents are valid for all the time on which payments are awarded. In these cases terms are estimated for each payment separately and their current begins from the date of approach of term of each payment.

33. The current of prescriptive limits for presentation of executive documents stops in the presence of the bases provided by the Civil code of the Republic of Belarus for suspension of terms of limitation period.

34. Prescriptive limit of presentation of the executive document to execution is interrupted by presentation of the executive document to execution if the legislation does not establish other.

Prescriptive limit is interrupted by partial execution of the executive document.

After break the current of prescriptive limit begins again, and time which expired before it is not set off in new time.

In case of return of the executive document on which execution is not made or made it is incomplete, calculation of new term for presentation of the document to execution begins from the date of its return to the claimant.

35. To the claimants who missed prescriptive limit for presentation of executive documents to execution for the reasons recognized by court valid the missed prescriptive limit it can be recovered by court according to the procedure, established by the Code of civil procedure of the Republic of Belarus if other is not established by legal acts.

36. No. 201 is excluded according to the Resolution of the Ministry of Justice of the Republic of Belarus of 30.11.2015

Chapter 5. Excitement, termination, termination of enforcement proceeding, return of the executive document to the claimant

37. The legal executive initiates enforcement proceeding in three-day time after receipt of properly processed executive document and the oral or written application of the claimant. Besides, the enforcement proceeding is initiated by the legal executive at the initiative of the prosecutor, court, other state bodies, legal entities and citizens, from own name protecting the rights of other persons in the cases provided by the Code of civil procedure of the Republic of Belarus.

The statement and the executive document can be sent by the claimant or the body which issued the executive document to head department of justice for the further direction in body of forced execution in the location of the debtor or his property. In this case the executive document shall be sent by head department of justice to body of forced execution for execution no later than five days from the date of its obtaining in time.

All information about the debtor known to it shall be specified in the statement of the claimant.

In case of presentation on execution of resolutions of law-enforcement bodies regarding property penalties on cases on administrative offenses against traffic safety and operation of transport the documents confirming the proper notice of person subjected to administrative punishment on need of payment of penalty are surely put to idea of recovery by enforcement of penalty. In case of lack of the documents confirming the proper notice of person subjected to administrative punishment on need of payment of penalty the executive document is subject to return.

In case of repeated presentation to execution of the executive document on which collection is made not completely the claimant to sent (transferred) on execution documents in addition represents:

the copy of the resolution of the legal executive on return of the executive document to the claimant on which execution is not made or made it is incomplete;

copy of the act of impossibility of performance of the executive document;

authentic data on availability at the debtor of property or money or data on the location of the debtor if the executive document was returned to the claimant in connection with impossibility of establishment of the address of the debtor organization or the residence of the debtor citizen (in the presence of those).

The legal executive, having checked correctness of execution of the executive document, availability of the right to forced execution and observance of procedure for its implementation, issues the decree on excitement of enforcement proceeding in which provides to the debtor term for voluntary execution, except as specified, determined by part one of Item 38 of this Instruction.

At the same time on the executive document the legal executive makes record with indication of date of excitement of enforcement proceeding.

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