of March 27, 2003
About the questions arising in case of presentation of the executive document to execution
According to the court practice which developed now consideration of the applications of claimants about the address of claim to property of the debtor happens in judicial session to the notice of persons participating in case, removal of determination and issue of new writ of execution. This writ of execution forms the basis for excitement of enforcement proceeding on case. At the same time collection according to the collection order of the claimant exposed on the settlement account of the debtor based on writ of execution (writ) issued by economic court after the introduction of court resolution in legal force continues.
From coming into force of the Law of the Republic of Uzbekistan "About execution of court resolutions and acts of other bodies" the existing court practice began to contradict regulations of it normative - the legal act.
According to Art. 47 of the above-stated Law the address of claim to property of the debtor consists in arrest (inventory), withdrawal and forced realization of property of the debtor. Collection according to executive documents from legal entities addresses first of all on money of the debtor in bags and foreign currency and other values including which are in banks and other credit institutions. In case of absence at the debtor of the money sufficient for satisfaction of requirements of the claimant, collection addresses on another, belonging to the debtor, property, except for property on which according to the law collection cannot be turned. The priority of the address of collection on these or those types of property of the debtor is determined by the legal executive taking into account likvidost of this property.
According to Art. 59 of the above-stated Law in case of absence at legal person debtor of the money sufficient for debt repayment, collection addresses on other property belonging to it on the property right (except for the property withdrawn from circulation or limited in turnover) irrespective of where and in whose actual use it is.
Regulations of this Law say that the executive document of economic court forms the basis for excitement of enforcement proceeding. They do not contain any additional requirements concerning what nature there shall be the specified executive document. The fact that on it collection from the debtor for benefit of the claimant is performed is important.
In this regard it is necessary to explain that change of method of execution of the court ruling extends if the property is collected by the judgment which took legal effect it (is awarded) from the debtor for benefit of the claimant in nature. In that case there is need for change of method of execution of the judgment according to the procedure of Art. 217 of HPK RUZ.
Due to the above the Supreme Economic Court explains the following.
The executive document of economic court issued after the introduction of court resolution in legal force forms the basis for excitement of enforcement proceeding.
Execution of the court ruling is performed in the following procedure:
the claimant after issue to him by court of the executive document has the right to address directly the legal executive for excitement of enforcement proceeding or independently based on the executive document to expose the collection order on the settlement account of the debtor;
after drawing of the collection order by the claimant to the settlement account of the debtor and in case of lack of money on the specified account, the bank of the debtor during three banking days in writing notifies on it the claimant. The written notice of debtor bank forms the basis for the address to the legal executive for excitement of enforcement proceeding. At the same time the executive document responds the claimant from bank and is shown to the legal executive. In this case any other court resolutions about change of method of execution of the court ruling are not required.
At the same time it is necessary to specify that according to Art. 214 of HPK RUZ with presentation of the executive document to execution in bank term for presentation of the executive document is interrupted and new term for presentation of the executive document is estimated from the date of its response in the claimant from bank.
After sight the executive document to the legal executive execution of the court ruling is made according to requirements of the Law of the Republic of Uzbekistan "About execution of court resolutions and acts of other bodies".
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