Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

The document ceased to be valid since January 18, 2016 according to Item 5 of the Order of the Ministry of Justice of Ukraine of  December 22, 2015 No. 2710/5

It is registered

Ministry of Justice of Ukraine

December 15, 1999

No. 865/4158

ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of December 15, 1999 No. 74/5

About approval of the Instruction about carrying out executive actions

(as amended on 02-04-2012)

In pursuance of the Law of Ukraine "About enforcement proceeding" I ORDER:

1. Approve the Instruction about carrying out executive actions it (is applied) and to enact it since January 1, 2000.

2. To the deputy minister - the director of the department of the public executive service Tertychny V. G. to bring noted Instruction to permission of subordinate departments of the public executive service and to provide control of its execution.

3. Recognize such which is not applied in the territory of Ukraine, the Instruction about enforcement proceeding approved by the order of the Minister of Justice of the USSR of November 15, 1985 N 22.

Minister of Justice

S.R.Stanik

Approved by the Order of the Ministry of Justice of Ukraine of December 15, 1999 No. 74/5

The instruction about carrying out executive actions

This Instruction is developed in pursuance of the Law of Ukraine "About enforcement proceeding" (further - the Law), determines conditions and procedure for accomplishment of decisions of the courts and other bodies (officials) that according to the Law, other regulatory legal acts are subject to forced accomplishment in case of their failure to carry out in voluntary procedure.

1. General provisions

1.1. Forced execution of decisions by the public executive service is performed based on the executive documents determined by the Law.

According to the Law the public executive service such executive documents are subject to execution:

writs of execution which are issued by courts, and orders of economic courts, including based on decisions of reference tribunal;

determinations, resolutions of courts on civil, economic, administrative and criminal cases in the cases provided by the law;

writs;

executive texts of notaries;

certificates of the commissions of rather employment disputes which are issued based on relevant decisions of these commissions;

resolutions of bodies (officials), representatives to consider cases on administrative offenses in the cases provided by the law;

the decisions of public authorities made concerning ownership and use of cult buildings and property;

resolutions of the state contractor on collection of executive collection, expenses on carrying out executive actions and imposing of penalty;

decisions of other public authorities in cases if under the law their execution is assigned to the public executive service;

decisions of the European Court of Human Rights taking into account the features provided by the Law of Ukraine "About execution of decisions and application of practice of the European Court of Human Rights".

1.2. Implementation of forced execution of decisions of the courts and other bodies (officials) (further - the decision) is performed according to the Law, other regulatory legal acts and this Instruction.

1.4. In the executive document shall be noted:

the name of the document, date of issue and the name of body, the official who issued the executive document;

date and number of the decision according to which the executive document is issued;

the name (for legal entities) or name (surname, name and middle name in case of its availability for physical persons) the claimant and the debtor, their location (for legal entities) or the residence (for physical persons), identification code of business entity of the claimant and debtor in case of its availability (for legal entities), individual identification number of the claimant and debtor in case of its availability (for physical persons - taxpayers), and also other data if they are known to the court or other body which issued the executive document which identify the claimant and the debtor or can promote forced execution, such as birth date and birth place of the debtor and his place of employment (for physical persons), the location of property of the debtor and so forth;

substantive provisions of the decision;

the date of entry into force of the decision;

the term of presentation of the executive document for execution.

The executive document shall be signed by the authorized person and is under seal.

Also other additional requirements to executive documents can be established by the law.

1.5. The state contractor takes measures of forced execution if the debtor does not observe voluntarily the decision in the term established by the contractor according to article 24 of the Law.

Measures of forced execution of decisions are:

the address of collection on money of the debtor;

the address of collection on other types of property of the debtor;

the address of collection on the salary (earnings), the income, pension, the debtor's grant;

withdrawal at the debtor and transfer to the claimant of the certain objects noted in the decision;

confiscation of the child;

other measures provided by the decision.

1.6. Requirements of the state contractor concerning execution of the decisions noted in Item 1.1 of this Instruction are obligatory for all bodies, the organizations, officials, citizens and legal entities in the territory of Ukraine.

To the state contractor documents or their copies necessary for implementation of its powers shall be submitted within the term established by him free of charge.

Failure to carry out of legal requirements of the state contractor involves responsibility, the stipulated in Article 88 Laws.

1.7. Forms of documents of enforcement proceeding and forms for copies of documents of enforcement proceeding

1.7.2. With use of forms such documents of enforcement proceeding are constituted:

act of the description and seizure of property (appendix 21);

the resolution on seizure of property of the debtor and the announcement of prohibition on its alienation (appendix 26);

the act of withdrawal at the debtor of the objects specified in the judgment and transfers to their claimant (appendix 29);

receipt-book (appendix 30);

order (appendix 33).

1.7.3. Copies of the act of the description and seizure of property (appendix 21-1), resolutions on seizure of property of the debtor and the announcement of prohibition on its alienation (appendix 26-1), the act of withdrawal at the debtor of the objects specified in the judgment and transfer to their claimant (appendix 29-1) are constituted with use of forms for copies.

1.7.4. Documents and copies of documents of enforcement proceeding provided by Items 1.7. 2, 1.7.3 and constituted without use of forms or forms for copies, are considered as invalid.

1.8. Control of legality of enforcement proceeding is exercised according to Articles 8 - 8-3 Laws of Ukraine "About enforcement proceeding".

The head of body of the public executive service in case of control of actions of the state contractor during execution of decisions if they contradict requirements of the Law, has the right to repeal the resolution the resolution, the act, other procedural document which is taken out in enforcement proceeding by the state contractor who is directly subordinated to it, to oblige the state contractor to carry out executive actions according to the procedure, provided by this Law.

The head of body of the public executive service on own initiative or according to the statement of the parties of enforcement proceeding can correct allowed in the procedural documents which are taken out by the state contractor who is directly subordinated to it grammatical or arithmetic mistakes about what the decree is issued.

The head of body of the public executive service of the highest level in case of identification of violations of requirements of the Law the resolution determines the specified violations and gives the assignment to the head of body of the public executive service to whom the state contractor, concerning carrying out the actions determined by paragraphs second and third this Item is directly subordinated.

The resolution of the state contractor on opening of enforcement proceeding cannot be repealed only for the formal reasons, stipulated in Item 3 parts one of article 19 of the Law which do not interfere with further implementation of executive actions.

2. Participants of enforcement proceeding

2.1. The participants of enforcement proceeding and persons which are involved in carrying out executive actions, their rights and obligation.

2.1.1. Participants of enforcement proceeding are the state contractor, the parties, agents of the parties, experts, specialists, translators.

For carrying out executive actions by the state contractor in case of requirement witnesses, employees of law-enforcement bodies, representatives of agencies of guardianship and care, representatives of bodies and organizations of education, health workers, and also representatives of other bodies and organizations according to the procedure, established by the Law this Instruction, the Instruction about order of interaction of law-enforcement bodies of Ukraine and bodies of the public executive service in case of forced execution of decisions of the courts and other bodies (officials) approved by the order of the Ministry of Internal Affairs of Ukraine and the Ministry of Justice of Ukraine of 25.06.2002 of N 607/56/5, Ukraine registered in Ministry of Justice 27.06.2002 for N 541/6829 are attracted (with changes and amendments), Order of interaction of bodies of the public executive service and tax police in case of forced execution of decisions of the courts about money recovery for benefit of the state in the claims of bodies of the State Tax Service approved by the joint order of the Ministry of Justice of Ukraine and State Tax Administration of Ukraine of 03.07.2002 N 60/5; 304, registered in Ministry of Justice of Ukraine 04.07.2002 for N 555/6843, and other regulatory legal acts.

In case of need for carrying out or the organization of executive actions the state contractor has the right to attract on paid basis, including at the expense of advance installment of the claimant, subjects of housekeeping which in the procedure established by the law obtained licenses on:

construction activities (prospecting and project works for construction, construction of the bearing and protective designs, construction and installation of engineering and transportation networks);

provision of services on transportation of passengers and loads by road transport public (except provision of services on transportation of passengers and their baggage by taxi);

transactions in the field of the treatment of dangerous wastes;

provision of services, connected with protection of the state-owned and other property, provision of services on protection of citizens;

carrying out land management and zemleotsenochny works.

2.1.2. Common laws and obligations of the state contractors in enforcement proceeding are determined by article 5 of the Law. The state contractor shall use the rights provided to him by the law and provided by this Instruction and obligations in strict accordance with the law, not to allow in the activities of violation of the rights and legitimate interests of citizens and legal entities, to explain to persons participating in enforcement proceeding or their rights and obligations are involved in carrying out executive actions.

2.1.3. The parties in enforcement proceeding are the claimant and the debtor.

Claimant is the physical person or legal entity, in advantage or for the benefit of which the executive document is issued. Debtor is the physical person or legal entity which shall according to the decision make certain actions (to transfer property, to be evicted from the room, to execute other obligations provided by the decision) or to keep from their uchineniye.

In enforcement proceedings about collection of the amounts of the income of the Government budget of Ukraine by the claimant the body in which claim the court passes the relevant decision, or body which according to the law made such decision is. In enforcement proceedings about collection in the income of the Government budget of Ukraine of court fee (state fee) by the claimant the body of the State Tax Service is.

Can participate in enforcement proceeding several claimants or debtors. Each of them concerning other party has the right to participate in enforcement proceeding independently or to charge participation in enforcement proceeding to one of accomplices.

In case of disposal of one of the parties the state contractor on own initiative or according to the statement of the party, and also the most concerned party have the right to take a legal action with the statement for replacement of the party with her legal successor. The state contractor based on the judgment issues the decree (appendix 1) about replacement of the party with her legal successor determined according to the current legislation.

For the legal successor all actions made before its introduction in enforcement proceeding are obligatory in that measure in which they would be obligatory for the party which the legal successor replaced.

2.1.4. The parties and other participants of enforcement proceeding have the right to get acquainted with enforcement proceeding materials, to do of them statements, to make copies, to give additional materials, to declare the petition, to participate in implementation of executive actions, to offer oral and written explanations in the course of executive actions, to state the arguments, reasonings on all questions arising during enforcement proceeding including when conducting examination, to object to petitions, arguments and reasonings of other participants of enforcement proceeding, to declare branches in cases, provided by the Law, to appeal actions (divergence) of the state contractor concerning enforcement proceeding and to have other rights granted by the Law.

The claimant has the right to submit the application for issue of the duplicate of the executive document, for renewal of term of presentation of the executive document to execution, about refusal of collection and return of the executive document.

The parties can give written objections against calculation of the state contractor concerning distribution of means between claimants, sign the voluntary settlement about the termination of enforcement proceeding which is recognized court, to dispute accessory of property and its assessment.

According to the executive document on money recovery under approval of the claimant the debtor can give to the claimant on account of complete or partial debt repayment own property.

The parties shall report in writing to the state contractor about emergence of the circumstances predetermining obligatory stop of enforcement proceeding, establishment of delay or extension of the deadline for executing, change of method and procedure for execution of the decision, change of the residence or location, and the debtor - physical person - about change of place of employment.

The debtor shall in time, established by the state contractor, to provide the authentic information on the income and property, including on property which he owns together with other persons, accounts in bank and financial institutions, to be timely on challenge of the state contractor, in writing to report to the state contractor about property which is in pledge or at other persons, and also about the means and property belonging to the debtor from other persons.

Persons who are taking part in enforcement proceeding shall have honesty all rights granted to them for the purpose of ensuring complete and timely making of executive actions.

2.1.5. The parties can exercise the rights and obligations in enforcement proceeding independently or through representatives. Personal participation of the citizen in enforcement proceeding does not deprive of it the right to have the representative, except for case when the debtor according to the decision make certain actions personally.

The minors and persons recognized by court incapacitated perform the rights and carry out obligations in enforcement proceeding according to requirements of the law.

If the party of enforcement proceeding is the face recognized by court is unknown absent, the state contractor the resolution recruits person who is guardian of its property in enforcement proceeding.

Participation of legal entities in enforcement proceeding is performed by their heads or bodies, officials acting within the powers conferred to them by the law or through representatives of the legal entity. Powers of the representative shall be confirmed with the power of attorney issued and which is drawn up according to requirements of the law.

2.1.6. Cannot be representatives in enforcement proceeding:

persons which did not reach 18 years except the cases provided by the law;

persons over whom guardianship or care is established;

judges, investigators, prosecutors, the state contractors, except cases when they act as legal representatives or as authorized persons of the relevant organ which is the party of enforcement proceeding;

other persons who according to the law cannot perform representation.

2.2. Participation in enforcement proceeding of the expert or the specialist and the subject of estimative activities - the subject of housekeeping.

2.2.1. For examination and the explanation of the questions arising when implementing enforcement proceeding and needing special knowledge the state contractor on own initiative or according to the statement of the parties appoints the resolution (appendix 2) the expert or the specialist and the subject of estimative activities - the subject of housekeeping, and in case of requirement - several specialists or experts.

As the expert or the specialist can be invited any capable person having necessary knowledge, qualification, work experience in the corresponding industry. The expert shall be carried to the Register of the certified court experts of the government and entrepreneurial institutions and citizens.

The expert or the specialist shall draw the written conclusion on the questions raised to it by the state contractor in the resolution and also to offer oral explanations and recommendations concerning the operations performed at its presence.

2.2.2. The expert or the specialist and the subject estimative деятельностисубъект housekeeping has the right to remuneration for the services provided to them which size is determined by the chief of relevant organ of the public executive service by the calculation given the expert or the specialist (if amount of remuneration exceeds 500 UAH, then it is determined by the chief of body of the public executive service in coordination with the chief of relevant organ of the public executive service of Head department of justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, head departments of justice in areas, the cities of Kiev and Sevastopol (further - regional governments of justice), by the calculation given the expert or the specialist), (but no more than it is provided by the Instruction about procedure and the amount of expense recovery and payment of remuneration to persons who are called in bodies of inquiry, pretrial investigation, prosecutor's office the public executive service, court or in bodies in which implementation cases on administrative offenses, and payments of the judicial examination to the state research establishments for accomplishment by their workers of functions of experts and specialists approved by the resolution of the Cabinet of Ministers of Ukraine of July 1, 1996 N 710 stay. This remuneration and other expenses on conducting examination belong to the expenses connected with implementation of executive actions. About remuneration payment the state contractor issues the decree which affirms the chief of body of the public executive service (appendix 3).

2.2.3. Or for making obviously false conclusion the expert bears criminal liability for refusal or evasion of making the conclusion what he shall be warned by the state contractor about.

The loss caused to the parties by the false expert opinion or the specialist is subject to compensation according to the procedure, provided by the law.

The subject of estimative activities - the subject of housekeeping bears responsibility for unauthenticity or bias of assessment of property according to the procedure, established by the law.

The copy of the resolution of the state contractor on appointment in enforcement proceeding of the expert or specialist and subject of estimative activities - the subject of housekeeping from the date of its removal is sent to 3-day time to the parties. The branch declared by the parties to the expert or the specialist is solved according to the procedure, the stipulated in Article 17 Laws.

2.3. Participation in enforcement proceeding of the translator

2.3.1. In case of requirement during implementation of executive actions the state contractor or the parties (their representatives) can invite the translator. Any capable person knowing languages which knowledge is necessary for transfer can be the translator. The state contractor provides to person who needs translation service term for his invitation which cannot exceed 10 days. If marked-out person does not provide participation of the translator in certain time, then can appoint it the resolution (appendix 4) the state contractor.

2.3.2. The translator has the right to remuneration for the performed work about what the state contractor issues the decree (appendix 3) based on the estimate which the translator shall give. This resolution affirms the chief of relevant organ of the public executive service. Remuneration is paid in the amount of, not bigger, than it is provided by the Instruction about procedure and the amount of expense recovery and payment of remuneration to persons who are called in bodies of inquiry, pretrial investigation, prosecutor's office, the public executive service, court or in bodies in which implementation cases on administrative offenses, and payments of the judicial examination to the state research establishments for accomplishment by their workers of functions of experts and specialists approved by the resolution of the Cabinet of Ministers of Ukraine of July 1, 1996 N 710 stay.

2.3.3. Person who is invited the state contractor for participation in enforcement proceeding shall provide the document, confirmatory that she knows languages which knowledge is necessary for transfer.

2.3.4. In case of obviously incorrect translation, and also person bears criminal liability for refusal to execute the translator's obligations what it shall be warned by the state contractor about.

2.4. Involvement of witnesses to implementation of executive actions

2.4.1. Executive actions can be performed in the presence of witnesses.

Presence of the executive actions understood surely when making connected with forced entry into non-residential premises and storages in which the property of the debtor on which collection, or property of the claimant which shall be returned to it in nature is turned is stored; forced entry into apartment houses, apartments for ensuring forced eviction and installation in them; forced entry into houses, apartments and other rooms in which there is child who shall be transferred to other persons according to the judgment; when carrying out survey, arrest, withdrawal and cession of property.

As witnesses can be invited any capable citizens who do not have personal interest in implementation of executive actions and are not connected among themselves or with participants of enforcement proceeding family relations, subordination or submission to control. The number of the executive actions understood when making cannot be less than two.

2.4.2. The witness has the right to know, for participation in what implementation of executive actions he is invited based on what executive document they are performed, and also to do notes concerning making of executive actions. Notes of the witness are subject to entering in the act the corresponding executive action. The witness shall certify the fact, content and results of executive actions during which carrying out it was present. Before executive actions the state contractor explains their rights and obligations.

2.4.3. Witnesses have entitlement to compensation of the expenses connected with fulfillment of duties of witnesses. Noted expenses belong to expenses on carrying out executive actions.

Citizens of the expenses connected with fulfillment of duties of witnesses should carry out compensation at the rate of daily average earnings on place of employment, and citizens who do not work, - at the rate of the daily average earnings calculated on the average monthly salary for this area.

2.5. The bases and procedure for removal of the state contractor, expert, specialist and subject of estimative activities - the subject of housekeeping are determined by article 17 of the Law. About removal of the state contractor, expert, specialist and subject of estimative activities - the subject of housekeeping the decree is issued (appendices 20 and 25).

3. Opening of enforcement proceeding

3.1. Bases for opening of enforcement proceeding

The state contractor opens enforcement proceeding based on the executive document:

according to the statement of the claimant or his representative for forced accomplishment of the decision noted in Item 1.1 of this Instruction;

according to the statement of the prosecutor in case of representation of interests of the citizen or the state in court;

in other cases provided by the law.

3.2. Place of execution of the decision

3.2.1. Executive actions are carried out by the state contractor of relevant organ of the public executive service who is located:

at the place of residence, works of the debtor - physical person or on the location of its property;

on the location of permanent governing body or property of the debtor - the legal entity;

in the place of implementation of certain actions which the debtor according to the relevant decision of court or other body (official) shall make.

The option of the place of execution between several bodies of the public executive service which can make executive actions for execution of the decision in the territory to which their functions extend belongs to the claimant.

3.2.2. If in the course of enforcement proceeding the state contractor knew that the residence or the location of the debtor, the place of its work changed or it became clear that in the territory to which functions of body of the public executive service, property of the debtor on which it is possible to turn collection, no extend however the property belonging to the debtor stays in the territory of other body of the public executive service, then the state contractor immediately draws up about it the relevant statement (appendix 5).

The state contractor shall send the executive document together with the copy of the act not later than the next day to body of the public executive service for the new residence of the debtor, the place of its work or on the location of property of the debtor about what at the same time, in the copy of accompanying leaf, reports to the claimant and in the body which issued the executive document. The accompanying leaf about the direction of the executive document on accessory is signed by the chief of relevant organ of the public executive service.

3.2.3. If in the course of enforcement proceeding it became clear that the property of the debtor on which it is possible to turn collection is not enough for complete satisfaction of requirements of the claimant, however the property of the debtor is revealed in the territory of other body of the public executive service, the state contractor turns collection on such property in the procedure provided by the law in coordination with the chief of body of the public executive service to whom he is subordinated, and under condition if the claimant advances expenses on the organization and carrying out executive actions.

In the territory of other body of the public executive service the state contractor reports about making of executive actions to the chief of this body of the public executive service.

Making of executive actions in the territory of body of the public executive service which is subordinated to other regional government of justice is performed only in coordination with Department of the public executive service of the Ministry of Justice of Ukraine.

If the claimant will not perform advancing of expenses on the organization and carrying out executive actions in the territory of other body of the public executive service, the state contractor turns collection on the available property of the debtor and after distribution of the collected means, in case of their insufficiency for complete satisfaction of requirements of the claimant, sends the executive document to body of the public executive service for the location of other property of the debtor.

If the debtor and his property stay in the territory of different administrative and territorial units, by bodies of the public executive service for the purpose of ensuring timely and complete execution of the decision executive groups according to the Procedure for education and functioning of executive groups at bodies of the public executive service approved by the order the Ministry of Justice of Ukraine of 17.05.2004 N 37/5, registered in Ministry of Justice of Ukraine 17.05.2004 for N 624/9223 can be created.

The procedure for transfer of materials of enforcement proceeding from one body of the public executive service in another or in executive group, from one state contractor to another is approved by the order of the Ministry of Justice of Ukraine of 17.05.2004 N 38/5, registered in Ministry of Justice of Ukraine 17.05.2004 for N 625/9224.

3.2.5. The relevant territorial authorities of the public executive service help the state contractor who makes executive actions in their territory.

3.2.6. The enforcement proceedings subordinated to department and division of forced execution of decisions of bodies of the public executive service are determined by article 20-1 of the Law.

3.3. Terms of presentation of executive documents to execution

3.3.1. Executive documents can be shown to execution in such terms:

writs of execution and other court documents - within three years;

certificates of the commissions on employment disputes - within three months;

resolutions of bodies (officials), representatives to consider cases on administrative offenses, - within three months;

other executive documents - within year if another is not established by the law.

3.3.2. The terms noted in paragraph one of this Item are established:

for execution of decisions and sentences of courts regarding property penalties - from the next day after entry into force of the decision or the termination of the term established in case of delay or extension of the deadline for executing the decision, and in cases when the decision is subject to immediate execution, - from the next day after its acceptance;

for execution of decisions of economic courts - from the next day after entry of decision into legal force;

for execution of resolutions of bodies (officials), representatives to consider cases on administrative offenses, - from the date of pronouncement of the relevant resolution;

for execution of decisions of the commissions on employment disputes - from the date of certification on forced execution of the decision.

3.3.3. Concerning other executive documents the term of their presentation to execution is established from the next day after their issue if another is not established by the law.

3.3.4. The decision on collection of periodical payments (in cases on collection of the alimony, on compensation of damage in case of undermining health and so forth) can be shown for accomplishment during the entire period for which payments are awarded.

Terms of presentation of executive documents to execution are installed for each payment separately.

3.4. Interruption of prescriptive limit of presentation of executive documents to accomplishment

3.4.1. Terms of presentation of the executive document to execution are interrupted:

presentation of the executive document to execution;

partial execution of the decision by the debtor with supporting documents about partial execution of the decision;

provision by the court which issued the executive document, decision postponing of execution.

3.4.2. After interruption of term of presentation of the executive document to execution the current of term renews. Time which passed before interruption of term is not enlisted in new time.

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 break is established from day of return of the executive document to the claimant.

3.5. Renewal of the passed term for presentation of the executive document to execution

3.5.1. The state contractor refuses acceptance in production of executive documents which presentation term for forced accomplishment passed, about what within 3 days from day of receipt to the state contractor of documents issues the relevant decree (appendix 6). The copy of the resolution is sent or handed to the claimant, the debtor and body (official) who issued the executive document.

3.5.2. The claimant who passed the term of presentation of writ of execution or other court document to execution has the right to file petition for renewal of the passed term in the court which issued the relevant document or in court in the place of execution.

Concerning other executive documents the passed terms are not subject to renewal.

3.6. Adoption of executive documents in execution

3.6.1. The state contractor shall accept the executive document in execution and open enforcement proceeding if the term of presentation of the executive document to execution did not end and this document meets the requirements of article 19 of the Law and is shown to accomplishment in body of the public executive service for the proper place of accomplishment of the decision.

Executive documents which do not meet the requirements of the mentioned article of the Law, and also those which returned from the companies, organizations, the organizations, etc. where penalties from earnings or other income of the debtor were performed as executed are taken by body of the public executive service to court or the body (official) which issued this executive document. In case of wrong receipt of executive documents (not on territoriality or jurisdiction) the state contractor issues the decree on refusal in opening of enforcement proceeding (appendix 6).

3.6.2. The state contractor in 3-day time from the date of receipt to it the executive document issues the decree on opening of enforcement proceeding (appendix 7). In the resolution the state contractor establishes term for voluntary execution of the decision which cannot exceed 7 days, and decisions on forced eviction - 15 days, and warns the debtor about forced execution of the decision after the termination of fixed term with collection from it the executive collection and expenses connected with implementation of executive actions. At the same time completion date is specified.

The copy of the resolution on opening of enforcement proceeding not later than the next day is sent to the claimant, the debtor and body (official) which issued the executive document.

3.6.3. According to the statement of the claimant, for the purpose of ensuring execution of the decision on property penalties the state contractor with the resolution on opening of enforcement proceeding has the right to seize property of the debtor (except means) and to announce prohibition on its alienation. Along with pronouncement of such resolution the state contractor can carry out the inventory and seizure of property of the debtor according to the procedure, determined by the Law.

If in the resolution requirement of the description of property is noted, then the copy of such resolution is handed to the debtor when carrying out the description of property.

3.6.4. The resolution on opening of enforcement proceeding can be appealed by the parties to the chief of relevant organ of the public executive service or in the relevant court in 10-day time.

3.6.5. If after pronouncement of the resolution on opening of enforcement proceeding discrepancy of the executive document to requirements of Item 3 parts one of article 19 of the Law will be established, the state contractor postpones carrying out executive actions according to the procedure, the stipulated in Clause 32 Laws, and immediately reports to the claimant about need to take a legal action or other body (official) which issued the executive document, about reduction of the executive document in compliance with requirements of the current legislation. In case of elimination of the circumstances which became the basis for adjournment of carrying out executive actions, the state contractor continues accomplishment of the decision according to the procedure, established by the Law. If the specified circumstances before the termination of term of adjournment of carrying out executive actions by the claimant are not eliminated, the state contractor addresses with representation to the chief of body of the public executive service to which he is directly subordinated, for decision making according to requirements of the Law.

In case of detection of discrepancy of the executive document to requirements of Item 3 parts one of article 19 of the Law in the course of implementation of check of enforcement proceeding according to the procedure, established by Articles 8 - 8-3 Laws, the actions provided by paragraph one of this Item are made.

3.7. Terms of implementation of enforcement proceeding

3.7.1. The state contractor shall carry out executive actions for accomplishment of the decision within six months from the date of pronouncement of the resolution on opening of enforcement proceeding, and on accomplishment of the solution of non-property nature - to two-month time. Terms of implementation of enforcement proceeding do not extend to time of postponement of implementation of executive actions or stop of enforcement proceeding and for realization of distrained property of the debtor.

3.7.2. If the decision is subject to immediate execution, then the state contractor opens executive implementation not later than the next day after receipt of the executive document.

3.8. Refusal in opening of enforcement proceeding

3.8.1. The state contractor refuses opening of enforcement proceeding in case:

the omission of fixed term of production of documents to execution;

failure to provide the executive document noted in Item 1.1 of this Instruction (for example, provision of the judgment without writ of execution or the order, in cases when issue of the last is provided);

wrong receipt of the executive document (not on territoriality or jurisdiction);

if the decision based on which the executive document is issued did not take legal effect, except cases when it in the procedure established by the law is allowed to immediate accomplishment;

if the decision postponing of execution granted by court which decides the decision did not end;

in case of discrepancy of the executive document to requirements, stipulated in Article 19 Laws";

availability of other circumstances provided by the law, excluding executive implementation.

About refusal in opening of enforcement proceeding the state contractor issues the decree which affirms the chief of relevant organ of the public executive service, and no later than the next day sends it to the applicant (appendix 6).

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.