RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF UZBEKISTAN, MINISTRY OF INTERNAL AFFAIRS OF THE REPUBLIC OF UZBEKISTAN

of January 12, 2007 No. 2, on January 12, 2007 No. 1

About approval of the Instruction for ensuring protection of public order in places of making of executive actions

According to the Law of the Republic of Uzbekistan "About execution of court resolutions and acts of other bodies" and the Resolution of the President of the Republic of Uzbekistan of August 31, 2006 the Ministry of Justice and the Ministry of Internal Affairs of the Republic of Uzbekistan decide NPP-458 "About Measures for Further Enhancement of Department for Execution of Judgments, Material and Financial Provision of Activity of the Courts under the Ministry of Justice of the Republic of Uzbekistan":

1. Approve the Instruction for ensuring protection of public order in places of making of executive actions according to appendix.

2. This resolution becomes effective after ten days from the moment of its state registration in the Ministry of Justice of the Republic of Uzbekistan.

Approved by the resolution of the Ministry of Justice and Ministry of Internal Affairs of the Republic of Uzbekistan of January 12, 2007 No. No. 2, 1

The instruction for ensuring protection of public order in places of making of executive actions

1. This Instruction, according to the Law of the Republic of Uzbekistan "About execution of court resolutions and acts of other bodies" and the Resolution of the President of the Republic of Uzbekistan of August 31, 2006 of NPP-458 "About Measures for Further Enhancement of Department for Execution of Judgments, Material and Financial Provision of Activity of the Courts under the Ministry of Justice of the Republic of Uzbekistan", determines order of interaction of district (city) departments of legal executives and law-enforcement bodies by ensuring public order in the course of execution of court resolutions and acts of other bodies (further - executive actions).

2. Before implementation of the executive actions requiring ensuring public order, the legal executive notifies the senior contractor of district (city) department of legal executives (further - the senior legal executive).

The senior legal executive addresses with the written requirement to the chief of district (city) Department of Internal Affairs on the same day. At the same time the written requirement shall be directed, as a rule, a day before implementation of executive actions.

3. In the written requirement of the senior legal executive the basis for implementation of executive actions, the place and date of implementation of executive actions, terms of implementation of executive actions and other data are specified.

4. The chief of district (city) Department of Internal Affairs after receipt of the written requirement directed by the senior legal executive determines the staff of law-enforcement bodies who will participate in executive actions. At the same time the number of persons employed of law-enforcement bodies which will participate in executive actions shall not be less than two people.

5. If implementation of executive actions requires participation more than two employees of law-enforcement bodies, then the number of persons employed of law-enforcement bodies which will participate in executive actions is determined by the senior legal executive together with the chief of district (city) Department of Internal Affairs.

6. The staff of law-enforcement bodies who will participate in implementation executive actions shall arrive to the place specified in the written requirement sent to the chief of district (city) Department of Internal Affairs in time.

7. The staff of law-enforcement bodies who arrived to the place of implementation of executive actions takes measures for ensuring public order and elimination of the arising obstacles.

8. The employee of law-enforcement bodies is not allowed to participation in enforcement proceeding and is subject to branch by the legal executive if he is relative of the parties, their representatives or other persons participating in enforcement proceeding or is interested in outcome of enforcement proceeding or there are other circumstances raising doubts in his impartiality.

9. In cases of removal of the employee of law-enforcement bodies on the circumstances specified in Item 8 of this provision, the legal executive makes the corresponding record in the statement which is drawn up on implementation of executive actions, this employee is debarred from executive actions, and executive actions continue with participation of the employees who are not debarred from enforcement proceeding.

In cases of removal of all staff of the law-enforcement bodies participating in executive actions, the legal executive addressed to the chief of district (city) Department of Internal Affairs the written requirement about replacement of these employees of others goes. In the written requirement the reasons of removal of staff of the law-enforcement bodies participating in executive actions shall be proved.

The requirement shall be fulfilled no later than the day following behind day of its representation.

10. When implementing executive actions the staff of law-enforcement bodies carries out the following:

do not allow to the place of executive actions of persons not involved in executive actions;

if necessary study identity documents of persons participating in enforcement proceeding;

productions of executive actions ensure on site safety of the documents, things, tools, vehicles, money and jewelry collected from debtors and also other things, relevant;

fulfill requirements of the legal executive for implementation of executive actions.

11. When preventing by the debtor or other persons the actions to execution of executive documents during implementation by the legal executive of executive actions the staff of law-enforcement bodies immediately takes measures for removal of obstacles.

In cases of evasion of the debtor or other persons from accomplishment of legal requirements of the legal executive or the staff of law-enforcement bodies about it the statement is drawn up, the corresponding materials are brought into criminal court judge in the place of implementation of executive actions for consideration in the procedure provided by the law.

12. In the course of implementation of executive actions by the staff of law-enforcement bodies physical force, special means and firearms only in the cases and procedure provided by the Law of the Republic of Uzbekistan "About law-enforcement bodies" can be used.

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