of April 29, 1998 No. 671
About procedure for use of the money received by economic courts of the Republic of Belarus in case of forced execution on property penalties
(as of March 18, 2010)
Council of Ministers of the Republic of Belarus DECIDES:
1. Approve the enclosed Regulations on procedure for use of the money received by economic courts of the Republic of Belarus in case of forced execution on property penalties.
2. This resolution becomes effective since May 1, 1998.
Republic of Belarus S. Ling
Approved by the Resolution of Council of Ministers of the Republic of Belarus of April 29, 1998 No. 671
1. This Provision establishes procedure for use and the cash accounting which is in addition received by economic courts of the Republic of Belarus in case of forced execution on property penalties (further - additional resources from property penalties).
2. The management of the organization of enforcement proceeding of the Supreme Economic Court and departments of execution of resolutions of economic courts of areas and Minsk which collected additional resources from property penalties shall provide during three banking days transfer them in process of revenues from deposit accounts to current accounts on extrabudgetary funds of the relevant economic courts.
3. Additional resources from property penalties are used by economic courts on:
the remuneration paid to legal executives;
financing of the examinations made at the initiative of economic courts, audit and other expenses connected with hearing of cases and forced execution of executive documents;
strengthening of material and technical resources of economic courts;
equipment by scientific and technical products of economic courts;
financing of the intra republican and international plenums, congresses, seminars, conferences and other actions approved by the President of the Republic of Belarus, Administration of the President of the Republic of Belarus or Council of Ministers of the Republic of Belarus;
providing legal executives with uniform;
payment of journey of legal executives to the place of execution by transport of the city, suburban and local message (except for taxi);
maintenance of buildings of economic courts and their equipment, including engineering, in proper condition, payment of other works (services) in ensuring activities of economic court;
payment for work (services) in servicing and maintenance of program complexes;
actions for safety of functioning of economic courts, material equipment of civil defense;
the monetary reward paid following the results of the professional tenders and competitions on legal subject held by the Supreme Economic Court.
The additional resources from property penalties allocated to the Ministry of Justice and the Supreme Court by economic courts of the Republic of Belarus are used by the Ministry of Justice on strengthening of material and technical resources of general courts, and the Supreme Court - on development of own material and technical resources.
Additional resources from property penalties can be used on development of basketball in the Republic of Belarus, including on holding official sports competitions, educational training camps and participation of national teams in the international sporting events.
4. Use of additional resources from property penalties according to this Provision is made according to the estimate approved by the head of the relevant economic court - in economic courts, the Minister of Justice - in the Ministry of Justice, by the Chairman of the Supreme Court - in the Supreme Court.
5. Additional resources, unused within year, from property penalties are not subject to withdrawal and further are used according to this Provision.
6. Payment of the monetary reward to the legal executive (legal executives) is performed based on the order of the chairman of the relevant economic court.
Representation to the chairman of the relevant economic court on payment of the monetary reward to the legal executive who collected means is brought in accordance with the established procedure by the senior legal executive - the head of department of execution of resolutions of economic court. Representation to the Chairman of the Supreme Economic Court on payment of the monetary reward to the senior legal executive and legal executive of management of the organization of enforcement proceeding is brought by the head of department of the organization executive the proizvodstvaglavny legal executive of economic courts of the Republic of Belarus. Representation shall contain data on the size of the monetary reward and its justification taking into account requirements of this provision.
The monetary reward is paid to the legal executive on each enforcement proceeding performed by it in the amount of, not exceeding the amount of twelve tariff charges of the first category established on the date of transfer of money from which this remuneration, into the off-budget account of economic court is paid. In case of execution of enforcement proceeding parts amount of remuneration is determined in proportion to the amount which is partially collected compulsorily for benefit of the claimant.
The monetary reward to the senior judicial ispolnitelyurukovoditel of department of execution of resolutions of economic court is determined by the chairman of the relevant economic court proceeding from criteria for evaluation of work of legal executives of department, stipulated in Item the 7th this provision, quality of the organization of their work and is paid monthly in the amount of, not exceeding the amount of twelve tariff charges of the first category.
The monetary reward to the head of department of the organization of enforcement proceeding - the chief bailiff of economic courts of the Republic of Belarus, the deputy head of department of control of execution judicial to postanovleniyzamestitel of the chief bailiff of economic courts of the Republic of Belarus is determined by the Chairman of the Supreme Economic Court by representation of the vice-chairman of the Supreme Economic Court supervising work of Service of legal executives proceeding from quality evaluation of the organization of work of Service of legal executives and paid quarterly from additional resources from the property penalties received by the Supreme Economic Court, in the amount of, not exceeding the amount of twelve tariff charges of the first category.
7. In case of determination of the amount of the monetary reward of the legal executive are considered:
complexity of executive actions (the most difficult of which debt collection by property attachment and its realization, except for realization of property by the debtor under control of the legal executive is);
completion date of enforcement proceeding;
the size of the means collected by it on production and the term during which they were collected;
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