LAW OF THE REPUBLIC OF TAJIKISTAN

of March 20, 2008 No. 373

About enforcement proceeding

This Law determines conditions and procedure for forced execution of court resolutions, acts of state bodies and officials who according to the legislation of the Republic of Tajikistan are competent to assign to citizens, state bodies and other organizations of obligation for transfer to advantage of other citizens, state bodies and other organizations or in the corresponding cash budget and (or) other property or to make certain actions in their advantage (to refrain from making of certain actions).

Chapter 1. Enforcement proceeding bases

Article 1. Enforcement proceeding tasks

Tasks of enforcement proceeding are obligatory and timely forced execution of court resolutions on civil, family and economic disputes, sentences and resolutions on criminal cases regarding the civil action, collection of penalties and confiscation of property, and also execution of acts of other bodies in the cases provided by this Law.

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, consists of this Law and other regulatory legal acts, and also international legal acts recognized by Tajikistan.

Article 3. Operation of the legislation of the Republic of Tajikistan on enforcement proceeding in time

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

2. The enforcement proceeding but to debt collection of tax and other obligatory payments in the budget, penalty for untimely payment of penalty and other sanctions for violation of the law about taxes and other obligatory payments in the budget is performed according to the procedure, established by this Law, and according to the tax and customs legislation.

Article 3 (1). Principles of enforcement proceeding

The enforcement proceeding is performed on the basis of the following principles:

- legality;

- timeliness of making of executive actions and application of measures of forced execution;

- respect of honor and advantage of the citizen;

- immunity of minimum of the property necessary for existence of the debtor citizen and members of his family;

- sootnositelnost of amount of requirements of the claimant and measures of forced execution.

Article 4. Bodies of forced execution

1. Forced execution of court resolutions and acts of other bodies of the Republic of Tajikistan, and also court resolutions of other states, is assigned to contractors of body of execution. The court resolutions obliging the debtor to make certain actions (to refrain from making of certain actions), are performed by courts according to the procedure, established by the civil procedural, economic procedural legislation and this Law.

2. In cases, stipulated by the legislation the Republic of Tajikistan, execution of court resolutions and acts of other bodies of collection of sums of money is also performed by other state bodies.

Article 5. List of executive documents

1. Executive documents are:

- the writs of execution issued based on court resolutions;

- notarially certified agreements on payment of the alimony;

- the executive texts made by notaries public and officials of consular establishments of the Republic of Tajikistan;

- writ;

- the certificates issued based on the decision of the commission on employment disputes;

- the decrees issued by bodies (officials), representatives to consider cases on administrative offenses;

- the writs of execution issued by courts based on decisions and resolutions of reference tribunals in the territory of the Republic of Tajikistan;

- the writs of execution issued by courts based on decisions of the courts of foreign states and reference foreign vessels (arbitration);

- the requirements of the bodies performing control functions which are drawn up in accordance with the established procedure about money recovery with mark of bank and other credit institution about complete or partial non-execution of collection, in communication, with absence on accounts of the debtor of the money sufficient for satisfaction of requirements of the claimant if the legislation of the Republic of Tajikistan does not establish other procedure for execution of the specified executive documents;

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

- resolutions of other bodies in cases, stipulated by the legislation.

2. In case of loss of the executive document the basis for collection is its duplicate issued by the court or other body which took out the relevant act.

Article 6. Contents of the executive document

1. In the executive document shall be specified:

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

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

- acceptance date of court resolution or the act of other body which is subject to execution;

- names of the claimant - the legal entity and dolzhnikayuridichesky person, their address;

- surname, name, 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;

- substantive provisions of court resolution or act of other body;

- date of entry into force of court resolution or act of other body;

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

2. Contents of the order are determined according to rules, stipulated in Article 130 Codes of civil procedure of the Republic of Tajikistan.

3. Contents of notarially certified agreement on payment of the alimony are determined according to the rules provided by articles 100 and 101 of 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 the act of other body 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.

Chapter 2. General terms of making of executive actions

Article 7. Delivery 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 cases of 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 is performed by the rules provided by the procedural legislation of the Republic of Tajikistan.

Article 8. Place of making of executive actions

1. If debtor is the physical person (further - the citizen), then executive actions are made by the contractor of body of execution by body for the residence, place of employment or the location of its property.

2. If debtor is the legal entity (daleeorganization), then executive actions are made by the contractor of body of execution by body for the location of the organization or the location of its property.

3. Execution of the requirements containing in the executive documents obliging the debtor to make certain actions is performed in the place of making of these actions.

4. The executive document sent by one contractor of body of execution to other contractor of body of execution shall be accepted to execution by the last. The place of making of executive actions between contractors is not subject to dispute.

5. If in the course of execution of the executive document the residence of the debtor, the place of its work and the place of its stay changed or it became clear that property of the debtor on which the location can turn collection still, no the contractor of body of execution without delay draws up about it the statement and no later than the next day after day of its creation sends the executive document together with the copy of this document to the contractor of body of execution at the new place of residence of the debtor, the place of its work, the place of its stay or in the new location of property of the debtor. The contractor of body of execution at the same time informs on it the claimant, the court or other body which issued the executive document.

6. If execution did not lead to complete satisfaction of requirements of the claimant, the contractor of body of execution without delay draws up about it the statement and no later than the next day after day of its creation directs the executive document together with the copy of this document - to the contractor in the location of other property of the debtor. The contractor of body of execution at the same time informs on it the claimant, the court or other body which issued the executive document.

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