RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of May 8, 2009 No. 132

About approval of the Regulations on procedure and storage conditions of the arrested and the withdrawn property in case of forced execution of court resolutions and acts of other bodies

According to article 55 of the Law of the Republic of Uzbekistan "About execution of court resolutions and acts of other bodies" the Cabinet of Ministers decides:

1. Approve Regulations on procedure and storage conditions of the arrested and the withdrawn property in case of forced execution of court resolutions and acts of other bodies according to appendix.

2. To impose control of execution of this resolution on the Minister of Justice of the Republic of Uzbekistan Mukhitdinov R. A.

Appendix

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of May 8, 2009 No. 132

Regulations on procedure and storage conditions of the arrested and the withdrawn property in case of forced execution of court resolutions and acts of other bodies

I. General provisions

1. This Provision according to article 55 of the Law of the Republic of Uzbekistan "About execution of court resolutions and acts of other bodies" determines procedure and storage conditions of the arrested and the withdrawn property in case of forced execution of court resolutions and acts of other bodies.

Storage of the property turned into the income of the state is performed according to the procedure, established by the separate act of the legislation.

2. The seizure of property consists of the belongings list, announcements of prohibition to dispose of it, and if necessary - restrictions of property use right, its withdrawal or transfer for storage. Types, amounts and terms of restriction are determined by the state contractor in each case taking into account properties of property, its importance for the owner or the owner.

3. Arrest is applied:

for ensuring safety of property of the debtor which is subject to the subsequent transfer to the claimant or realization;

in case of execution of determination of court about property attachment, belonging to the defendant and being at it or at other persons.

4. Withdrawal of distrained property with its transfer is made for realization in time, established by the state contractor, but not earlier than three working days after seizure.

Proceeding from circumstances on specific enforcement proceeding, the state contractor has the right to withdraw this property or its separate objects along with seizure of property.

5. Violation of prohibition of the state contractor to dispose or non-compliance with restriction of property use right of the debtor which it is seized attracts responsibility, stipulated by the legislation.

II. Transfer on storage

6. The arrested and withdrawn property can be transferred to storage with determination as the keeper:

the debtor, the claimant, their representatives, full age members of the family of the debtor or the claimant (for the debtor or the claimant of physical person), the worker of the legal entity (for the debtor or the claimant - the legal entity);

representative of self-government institutions of citizens;

the representative of other organizations having the special storage facilities, the equipment and conditions meeting the established standards of safe custody of property - in case of seizure of property, requiring special conditions for storage (the automotor-vehicle, medicines, jewelry, etc.);

trade organizations with which at bodies of Bureau of forced execution under the Prosecutor General's Office of the Republic of Uzbekistan (further - the Bureau) sign service provision agreements on realization of property and having the respective rooms for storage of property.

7. The issue of transfer of distrained property on storage to certain keeper is resolved by the state contractor in case of production of the inventory in each case separately, first of all, proceeding from availability of necessary conditions for ensuring safety of property, non-admission of assignment, waste, concealment, destruction, damage of property or change otherwise of quantity, quality and cost characteristics of property, and also the prevention of different obstacles which can be made when making the further executive actions connected with this property.

8. The property of the debtor is transferred to storage to the keeper under list in the act of seizure of property.

9. In case of arrest of the automotor-vehicle the state contractor shall provide restriction in use and other access to this property from other persons (sealing).

Automotor-vehicles shall be placed in the specially allotted places determined by the state contractor (parking, warehouses, penal platforms of authorized bodies, bodies of GSBDD and other organizations) where the corresponding conditions their safety are ensured.

The state contractor has the right to change the storage location of the automotor-vehicle put up for sale and to transfer him to storage of specialized trade organization in the presence at it storage locations of the automotor-vehicles having necessary conditions for ensuring their safety. At the same time the delivery-acceptance certificate which is signed by the state contractor, person responsible for storage of property, and also person reappointed responsible for storage of property is drawn up.

10. In case of arrest of real estate of the debtor this property can be handed over under protection.

Document storage, confirming availability and amount of the rights of the debtor to distrained property, in bodies of Bureau (in rooms, in safes, etc.) on condition of ensuring their safety is allowed.

11. The distrained property can be left on site arrest regardless of desire of his owner, the debtor or other persons:

in the presence at the state contractor of the bases to believe that movement of property can lead to its damage, reduction of cost;

in case of absence at the state contractor or the keeper owing to the objective reasons of opportunity to move this property.

In this case the keeper has the right to perform any actions which are not contradicting the legislation, safety of distrained property, necessary for providing. At the same time the state contractor in the act of seizure of property assigns to the owner of distrained property, the debtor or the third party obligation on providing easy access of the keeper to the arrested and the property transferred to it to storage.

12. The keeper shall observe and provide the corresponding storage conditions of property, bears responsibility, including criminal, for assignment, waste, concealment, destruction or damage of property about what signed by person which accepted property on storage entry in the act (resolution) on arrest is made or the corresponding receipt from the keeper undertakes.

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