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Ministry of Justice

Republic of Tajikistan 

On June 10, 2022 No. 30

LAW OF THE REPUBLIC OF TAJIKISTAN

of June 8, 2022 No. 1873

About enforcement proceeding

Accepted by the Resolution of Majlisi namoyandagon of MORT of March 30, 2022, No. 676

Approved by the Resolution of Majlisi milli of MORT of May 30, 2022, No. 261

This Law determines procedure and conditions of forced execution of court resolutions, acts of state bodies, officials and establishes legal status of the contractor of body of execution, and also organization-legal questions of body of execution.

Chapter 1. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

1) enforcement proceeding - set of the legal and executive proceedings of the contractor of body of execution aimed at providing forced execution of the executive document;

2) the executive document - the court resolutions, acts of state bodies and officials which are the basis for excitement of enforcement proceeding and making of actions for forced execution by the contractor of body of execution;

3) the claimant - physical person or legal entity, including physical person or legal entity of foreign state, the secured creditor, in advantage or for the benefit of which the executive document is issued;

4) the debtor - physical person or legal entity, including the physical person or legal entity of foreign state obliged to perform requirements of the executive document or to refrain from making of certain actions;

5) the contractor of body of execution - the official of state body performing the powers assigned to it by the law on ensuring forced execution of executive documents;

6) the staff of body of execution is the staff of Central office of Service of execution under the Government of the Republic of Tajikistan, managements in areas, department of execution in the Gorno-Badakhshan Autonomous Region, contractors of bodies of execution in the cities and districts of areas, districts of the city of Dushanbe, the cities and areas of republican subordination, in the Supreme economic court of the Republic of Tajikistan, economic court of the Gorno-Badakhshan Autonomous Region, economic courts of areas and the city of Dushanbe, and also in public garrison courts;

7) executive actions - the actions for making of measures of forced execution aimed at providing execution of the executive document;

8) executive collection - the money collected without fail from the debtor during forced execution of the executive document;

9) single information databank and electronic registration of enforcement proceeding - the information system intended for implementation electronically of accounting of enforcement proceeding, forced actions of the contractor of body of execution, and also provision of data on the enforcement proceeding course to the parties and the other persons participating in enforcement proceeding;

10) auction - the public bidding in case of which the described and distrained property is implemented on the basis of equal access to it for all buyers which can be also carried out electronically;

11) United electronic market place - information system, set of information of databases, the technical, program and telecommunication means providing the possibility of input, storage and the information processing necessary for running an electronic auction providing single public point of information to participants of electronic auction;

12) the keeper - person to whom the contractor of body of execution performs transfer on storage of the described or distrained property which bears responsibility for use, waste, alienation or concealment of this property;

13) the unified state register of debtors - the unified electronic databank containing the information about debtors on enforcement proceeding.

Article 2. Legislation of the Republic of Tajikistan on enforcement proceeding

The legislation of the Republic of Tajikistan on enforcement proceeding is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts, and also the international legal acts recognized by Tajikistan.

Article 3. Procedure for application of the legislation of the Republic of Tajikistan on enforcement proceeding

1. The enforcement proceeding is performed according to the legislation existing during execution.

2. The enforcement proceeding on collection of tax debts and other obligatory payments in the budget, to penalty for untimely payment of penalty and other sanctions for violation of the tax legislation and legislation on other obligatory payments in the budget is performed by authorized bodies according to the procedure, established by this Law according to the tax and customs legislation of the Republic of Tajikistan.

3. The enforcement proceeding on collection of other types of obligatory payments in the budget regarding collection of the amount of penalty based on court resolutions, acts of state bodies and officials is performed according to the procedure, established by this Law.

Article 4. Tasks of enforcement proceeding and analysis of corruption risks

1. Tasks of enforcement proceeding is the correct and timely forced execution of court resolutions on civil, family, administrative and economic cases, sentences and resolutions on criminal cases regarding the civil action, collection of the amount of penalties, indemnification, compensation of compensation of property damage and confiscation of property, and also execution of acts of state bodies and officials in the cases established by this Law.

2. The service of execution under the Government of the Republic of Tajikistan determines procedure, methods and methods of carrying out the analysis of corruption risks in this body and puts them into practice.

Article 5. Principles of enforcement proceeding

The enforcement proceeding is based on the following principles:

1) legality;

2) respect of life, honor and advantage of the citizen;

3) ensuring transparency and timeliness of making of executive actions and application of measures of forced execution;

4) minimum security of property, debtor citizen, necessary for accommodation, and members of his family;

5) proportionality of amount of requirements of the claimant and measures of forced execution;

6) independence of the contractor of body of execution.

Article 6. The bodies performing forced execution of executive documents

1. Forced execution of court resolutions, acts of state bodies and officials is assigned to contractors of body of execution.

2. In cases, stipulated by the legislation the Republic of Tajikistan, execution of court resolutions, acts of state bodies and officials about money recovery, confiscations of the objects which are the tool of making of administrative offense or its direct object is performed as well by other state bodies.

Article 7. Enforcement proceeding language

1. The enforcement proceeding is conducted in state language.

2. The participants of enforcement proceeding who are not knowing enforcement proceeding language have the right to use translation service according to the procedure, established by this Law.

Article 8. Single information databank and electronic registration of enforcement proceeding

1. The service of execution under the Government of the Republic of Tajikistan creates and conducts in electronic form the single information databank and electronic registration of enforcement proceeding (further - information databank) containing the data necessary for implementation of tasks on execution of executive documents.

2. State bodies, local authorities of the government, self-government institutions of settlements and villages (including notaries, bodies of civil registration, passport and registration service of issue of passports, the state automobile inspectorate, registration authorities of personal and real estate), banks, and also other legal entities, irrespective of patterns of ownership, shall be connected to information databank and provide necessary information on request of the contractor of executive body.

3. The procedure for forming and maintaining information databank is determined the Government of the Republic of Tajikistan.

Article 9. Execution of decisions of the courts of foreign states and foreign reference tribunals (arbitration)

The procedure for execution of decisions of the courts of foreign states and foreign reference tribunals (arbitration) is performed according to the legislation of the Republic of Tajikistan, the international legal acts recognized by Tajikistan, and this Law.

Chapter 2. Executive documents

Article 10. List of executive documents

1. Executive documents are:

1) the writ of execution issued based on court resolution;

2) notarially certified agreement on payment of the alimony;

3) the executive text issued by the notary public and the official of consular establishments of the Republic of Tajikistan for execution;

4) writ;

5) the resolution accepted by bodies (officials), representatives to consider cases on administrative offenses;

6) the writ of execution issued by court based on the decision and the resolution of reference tribunal in the territory of the Republic of Tajikistan;

7) the writ of execution issued by court based on the judgment of foreign state and reference foreign tribunal (arbitration);

8) the resolution of the prosecutor on eviction administratively the citizens who self-willedally occupied the room or living in the houses threatening with collapse;

9) resolutions of the contractor of body of execution on collection of executive collection;

10) the resolution of state bodies and officials in cases, stipulated by the legislation the Republic of Tajikistan.

2. In case of loss of the executive document, the basis for collection is the copy of the original (duplicate) issued by court, state bodies or the official who took out the relevant act.

Article 11. Contents of the executive document

1. In the executive document shall be specified:

1) the name of court or state body, the official who issued the executive document;

2) case and materials on which the executive document, and their numbers is issued;

3) acceptance date of court resolution, act of state body or official;

4) the name of the claimant - the legal entity and the debtor - the legal entity, their address, identification taxpayer number, the settlement account of bank;

5) surname, name and middle name of the claimant - physical person and the debtor - physical person, their residence, birth date and birth place of the debtor - physical person and the place of its work if it is known;

6) substantive provisions of court resolution, act of state body or official;

7) date of entry into force of court resolution, act of state body or official;

8) date of issue of the executive document.

2. Contents of the writ are determined according to the rules provided by the procedural legislation of the Republic of Tajikistan.

3. Contents of notarially certified agreement on payment of the alimony are determined according to the requirements provided by the Family code of the Republic of Tajikistan.

4. The executive document issued based on court resolution is certified by the signature of the judge and official stamp of court.

5. The executive document issued based on acts of state bodies or officials is signed by the official of this body, and in other cases established by the law - person which wrote out the executive document. The executive document is certified by seal of the body which issued it.

Article 12. Issue of the executive document

1. The executive document is issued by court to the claimant after the introduction of court resolution in legal force, except as specified immediate execution when the executive document is issued immediately on removal of court resolution. The executive document is issued to the claimant or at its request goes for execution directly by court.

2. Issue of the executive document for execution, accepted based on the act of state body or officials, is performed according to procedure, stipulated by the legislation the Republic of Tajikistan.

Chapter 3. General terms of making of executive actions

Article 13. Terms of presentation of executive documents to execution

1. Executive documents are shown to forced execution in the following terms:

1) the writ of execution issued based on court resolution and the writ - within three years;

2) executive text of the notary public - within three years;

3) the writ of execution issued based on the decision of reference tribunal in the territory of the Republic of Tajikistan - within three years;

4) the writ of execution issued based on the judgment of foreign state and foreign reference tribunal (arbitration) - within three years;

5) the court order, body (officials), representatives to consider cases on administrative offenses - within six months.

2. The terms specified regarding 1 this Article are estimated from the date of presentation to execution:

1) the executive document specified in Items 1) and 3) to part of 1 this Article (except for writs) - from the date of the introduction of court resolution in legal force or the terminations of the term established in case of delay or payment by installments of its execution or from the date of removal of determination about recovery of the term passed for presentation of the executive document to execution, and in cases when the court resolution is subject to immediate execution - from the next day after day of its acceptance;

2) the writ - after ten-day term from the date of its issue;

3) resolutions of body (officials), representatives to consider cases on administrative offenses in the form of penalty, - from the next day after the terms provided in part 1 of article 229 of the Procedure Code about administrative offenses of the Republic of Tajikistan;

4) resolutions of body (officials), representatives to consider cases on administrative offenses in type collection of material damage - from the next day after the terms provided in part 3 of article 243 of the Procedure Code about administrative offenses of the Republic of Tajikistan;

5) according to all other executive documents - from the next day after their issue.

3. Executive documents according to decisions on collection of periodical payments (on cases on collection of the alimony, on indemnification, caused by mutilation or other damage of health and loss of the supporter) are valid, during the entire periods of making payments. The same procedure extends concerning notarially certified agreements on payment of the alimony. In these cases terms for each payment are estimated separately.

Article 14. Interruption of term of presentation of the executive document

1. The term of presentation of the executive document to execution is interrupted in the following cases:

1) presentation of the executive document to execution;

2) partial execution of the executive document by the debtor.

2. After interruption of term of presentation of the executive document to execution the current of term renews. Time which expired before interruption of term in new time is not set off.

3. In case of return of the executive document to the claimant in connection with impossibility of its complete or partial execution, the term of presentation of the executive document to execution after interruption is estimated from the date of return of the executive document to the claimant.

Article 15. Recovery of the passed term of presentation of executive documents to execution

Recovery of the passed term of presentation of executive documents to execution is considered according to the procedure, provided by the procedural legislation of the Republic of Tajikistan.

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