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It is registered

Ministry of Justice

Republic of Tajikistan 

 On March 9, 2023 No. 110

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of March 2, 2023 No. 73

About the Procedure for maintaining the Unified state register of debtors

According to article 48 of the Law of the Republic of Tajikistan "About enforcement proceeding" the Government of the Republic of Tajikistan decides:

1. Approve the Procedure for maintaining the Unified state register of debtors it (is applied).

2. Under the Government of the Republic of Tajikistan together with the relevant ministries and departments to provide to service of execution accomplishment of this Procedure.

Prime Minister of the Republic of Tajikistan

Emomalii Rahmon

Approved by the Order of the Government of the Republic of Tajikistan of March 2, 2023, No. 73

Procedure for maintaining the Unified state register of debtors

1. General provisions

1. The procedure for maintaining the Unified state register of debtors (further - the Procedure) determines procedure for maintaining and entering of information about debtors into the Unified state register of debtors (further - the Register) and the exception of information about debtors, is conducted for the purpose of settlement of debt and prevention of its negative effects, ensuring execution of executive documents.

2. The service of execution under the Government of the Republic of Tajikistan (further - authorized state body in the field of enforcement proceeding) performs maintaining the Unified state register of debtors.

3. The information about debtors (except for the information about debtors which state bodies, local authorities of the government, and also the debtors who do not have debt on executive documents on collection of periodical payments more than three months, and debtors according to executive documents of non-property nature are) along with decision making about excitement of enforcement proceeding is entered in the Register.

2. Procedure for maintaining and entering into register of information about debtors

4. The register is kept in the form of the paper and electronic medium of information.

5. The register about debtors contains the following data:

1) sequence number;

2) surname, name and middle name (in case of its availability) the debtor physical person, the residence, birth date and birth place, place of employment if it is known, identification taxpayer number;

3) name of the debtor legal entity, address of the legal entity, identification taxpayer number, settlement account of bank;

4) number and date of excitement of enforcement proceeding;

5) court resolution, act of state bodies or official and date of its acceptance;

6) surname, name and middle name (in case of its availability) the claimant physical person, its residence, birth date and birth place, identification taxpayer number;

7) name of the claimant legal entity, address of the legal entity, identification taxpayer number, bank account;

8) contents of the executive document with indication of the amount which is subject to collection;

9) data on execution of requirements of executive documents;

10) date of exception of the debtor of the Register.

6. Entering of information about the debtor into the Register is performed based on the decision on excitement of enforcement proceeding and representation of the contractor of executive body.

7. Paper of information of the Register in books and its electronic medium in the electronic program is conducted in alphabetical order taking into account the first letter of surname of the debtor with complete specifying of data in Item 5 of this Procedure.

8. The authorized state body in the field of enforcement proceeding analyzes the provided information about the debtor and in case of their compliance to requirements of this Procedure enters them no later than five working days in the Register and posts on the website.

9. The authorized state body in the field of enforcement proceeding provides necessary information from the Register at the request of the relevant state bodies.

10. When entering into the Register debtors have no right to dispose of personal and real estate which shall be registered in the corresponding register, and also dispose of other non-material property benefits.

11. State bodies, local authorities of the government, self-government institutions of settlements and villages (including notaries, registration authorities of acts of civil status, passport and registration service, the state automobile inspection, registration authorities of real estate and other relevant organs) and other subjects in cases of accomplishment of the powers assigned to them, in case of the address of person about making of certain action which is entered in the Register and is posted on the official site of authorized state body not make actions concerning the face included in the Register, before fulfillment of duties, assigned to it by court resolutions, state bodies and officials.

12. When opening the account in banks addressed to the physical person entered in the Register and posted on the official site of authorized state body including through structural divisions of bank or account termination such person, banks shall in the opening day or account terminations (in written and electronic form) to inform on it authorized state body in the field of enforcement proceeding.

3. Procedure for exception of the register of information about debtors

13. The authorized state body in the field of enforcement proceeding shall exclude the information about debtors from the Register based on representation of the contractor of body of execution in the following cases no later than three working days:

1) complete execution of requirements of the executive document;

2) replacements of the imposed penalty with other disciplinary measures;

3) in case of the termination of enforcement proceeding;

4) from the date of, the judgment which took legal effect about cancellation of court resolution, the decision of state body or the official.

14. The authorized state body in the field of enforcement proceeding according to requirements of Item 13 of this Procedure takes measures for exception of information about debtors of the Register.

4. Final provisions

15. The electronic form of the Register is posted on the official site of authorized state body in the field of enforcement proceeding, and changes depending on process of execution of enforcement proceeding are made to it.

16. Persons who are not observing provision of this Procedure bear responsibility according to the legislation of the Republic of Tajikistan.

 

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