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RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF BELARUS

of March 5, 2009 No. 22

About approval of the Instruction about procedure for planning, use, accounting and reporting in 2009 of the means received by general courts of the Republic of Belarus in case of forced execution on property penalties

 

IT IS APPROVED

Supreme Court

Republic of Belarus

18.02.2009

IT IS APPROVED

Supreme Economic Court

Republic of Belarus

17.02.2009

IT IS APPROVED

Ministry of Finance

Republic of Belarus

16.02.2009

 

Based on the paragraph of the fifth of part two of Item 1 of article 27 of the Law of the Republic of Belarus of November 13, 2008 "About the republican budget for 2009", the Code of civil procedure of the Republic of Belarus, the Regulations on the Ministry of Justice of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 31, 2001 No. 1605, of resolutions of Council of Ministers of the Republic of Belarus of January 30, 1998 No. 147 "About Service of legal executives of economic courts in the Republic of Belarus" of April 29, 1998 "About procedure for use of the money received by economic courts of the Republic of Belarus in case of forced execution on property penalties" and subitem 9.1.3 of Item 9 of the resolution of Council of Ministers of the Republic of Belarus of February 13, 2009 No. 190 "About measures for implementation of the Law of the Republic of Belarus "About the republican budget for 2009" the Ministry of Justice of the Republic of Belarus DECIDES: No. 671

1. Approve the enclosed Instruction about procedure for planning, use, accounting and reporting in 2009 for the means received by general courts of the Republic of Belarus in case of forced execution on property penalties.

2. This resolution becomes effective since January 1, 2009.

 

Minister V. G. Golovanov

Approved by the Resolution of the Ministry of Justice of the Republic of Belarus of March 5, 2009 No. 22

The instruction about procedure for planning, use, accounting and reporting in 2009 of the means received by general courts of the Republic of Belarus in case of forced execution on property penalties

1. The instruction about procedure for planning, use, accounting and reporting in 2009 for the means received by general courts of the Republic of Belarus in case of forced execution on property penalties (further - the Instruction), establishes procedure for planning, use, accounting and reporting of the means received by general courts of the Republic of Belarus in case of forced execution on property penalties.

2. In case of forced making of actions for property penalties according to determination of court the court collects means in the amount of five percent from the amounts collected in the income of the state from the debtor and also for benefit of physical persons or legal entities.

3. The money received by district (city) courts in case of forced execution on property penalties is enlisted into the deposit accounts opened by courts which within three working days are transferred from the deposit account into the corresponding current (settlement) accounts on extrabudgetary funds of head departments of justice regional, Minsk city executive committees (daleeglavny justice departments).

Head departments of justice accumulate and record this money in general on area and separately on each court.

4. The money received regional, Minsk city by courts in case of forced execution on property penalties is enlisted into the deposit accounts opened by courts which within three working days are transferred from deposit accounts into the corresponding current (settlement) accounts on extrabudgetary funds regional, Minsk city courts.

5. Use of the money received by general courts of the Republic of Belarus in case of forced execution on property penalties is made according to the profit and loss budget of extrabudgetary funds approved by the Ministry of Justice of the Republic of Belarus (further - the Ministry of Justice) the current financial year.

The estimate is constituted respectively by head departments of justice, regional, Minsk city courts according to the procedure, established by the Ministry of Finance of the Republic of Belarus, and in duplicate at the scheduled time is submitted for approval in the Ministry of Justice.

The additional resources from property penalties received by economic courts in case of forced execution on property penalties by legal executives of economic courts with participation of legal executives of general courts, transferred by economic courts into the current (settlement) account on extrabudgetary funds of the Ministry of Justice are used on strengthening of material and technical resources of general courts of the Republic of Belarus.

6. The money which is not used within year received in case of forced execution on property penalties is not subject to withdrawal and is used in the next financial year according to this Instruction.

7. The money received by general courts of the Republic of Belarus in case of forced execution on property penalties is used on:

improvement of material and technical resources of general courts and first of all those courts from which money arrived;

the remuneration paid to legal executives.

8. Payment of the monetary reward to the legal executive of district (city) court is performed based on the order of the chief of head department of justice proceeding from evaluation criteria, stipulated in Item the 9th this Instruction.

Representation to the chief of head department of justice on remuneration payment to the senior legal executive and legal executive who collected means is brought in accordance with the established procedure by the chairman of the relevant district (city) court. Representation shall contain reasons taking into account requirements of this Instruction, the offer on amount of remuneration.

Payment of the monetary reward to the senior legal executive of regional, Minsk city court is performed based on the order of the chairman of the relevant court proceeding from evaluation criteria, stipulated in Item the 9th this Instruction.

The monetary reward is paid to the legal executive on each enforcement proceeding performed by it in the amount of, not exceeding ten basic sizes established on the date of transfer of money from which this remuneration, into the deposit account of court is paid. According to the executive document which is on execution, amount of remuneration is determined in proportion to the amount which is partially collected compulsorily for benefit of the claimant.

In case of partial execution of the executive document for the reasons, independent of the legal executive, remuneration is paid in the amount of, not exceeding five basic sizes.

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