RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF UZBEKISTAN, SERVICE OF THE HOMELAND SECURITY OF THE REPUBLIC OF UZBEKISTAN, MINISTRY OF INTERNAL AFFAIRS OF THE REPUBLIC OF UZBEKISTAN

of August 20, 2009 No. No. 9, 76, No. 11

About approval of the Regulations on procedure for temporary restriction of the right to departure from the Republic of Uzbekistan of persons evading from execution of court resolutions and acts of other bodies and also the organization of interaction between bodies of Judicial department, internal affairs and for protection of Frontier

According to the Law of the Republic of Uzbekistan "About execution of court resolutions and acts of other bodies" (Sheets of Oliy Majlis of the Republic of Uzbekistan 2001, Art. No. 9-10, 169) and the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of January 6, 1995 No. 8 "About approval of the Procedure for trip abroad of citizens of the Republic of Uzbekistan and Regulations on the diplomatic passport of the Republic of Uzbekistan" (Collection of the legislation of the Republic of Uzbekistan, 1995, No. 1, the Art. 1), the Ministry of Justice, the Ministry of Internal Affairs and Service of homeland security of the Republic of Uzbekistan POSTANOVLYAYUT:

1. Approve the enclosed Regulations on procedure for temporary restriction of the right to departure from the Republic of Uzbekistan of persons evading from execution of court resolutions and acts of other bodies and also the organizations of interaction between bodies of Judicial department, internal affairs and for protection of Frontier according to appendix.

2. This resolution becomes effective after ten days from the date of its state registration in the Ministry of Justice of the Republic of Uzbekistan.

Appendix

to the Resolution of the Ministry of Justice of the Republic of Uzbekistan, the Ministry of Internal Affairs of the Republic of Uzbekistan, Service of homeland security of the Republic of Uzbekistan

Regulations on procedure for temporary restriction of the right to departure from the Republic of Uzbekistan of persons evading from execution of court resolutions and acts of other bodies and also the organizations of interaction between bodies of Judicial department, internal affairs and for protection of Frontier

This Provision according to the Law of the Republic of Uzbekistan "About execution of court resolutions and acts of other bodies" (Sheets of Oliy Majlis of the Republic of Uzbekistan 2001, Art. No. 9-10, 169) and the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of January 6, 1995 No. 8 "About approval of the Procedure for trip abroad of citizens of the Republic of Uzbekistan and Regulations on the diplomatic passport of the Republic of Uzbekistan" (Collection of the legislation of the Republic of Uzbekistan, 1995, No. 1, the Art. 1), determines procedure for temporary restriction of the right to departure of the debtor - the physical person evading from execution of court resolutions and acts of other bodies from the Republic of Uzbekistan (further - temporary restriction of the right to departure of the debtor), and also the organizations of interaction between bodies of Department for execution of judgments, to material and financial provision of activity of the courts under the Ministry of Justice of the Republic of Uzbekistan (further - Judicial department), internal affairs and on protection of Frontier.

I. General provisions

1. The temporary restriction of the right to departure of the debtor is one of enforcement powers of execution which is applied according to the Law of the Republic of Uzbekistan "About execution of court resolutions and acts of other bodies" taking into account the features established by this Provision in case the physical person participates in the executive document as the debtor.

Requirements of this provision are not applied to the debtors who are constantly living in the eksklavny territories in case of their following from places of permanent residence on the main territory of the Republic of Uzbekistan and back.

2. The temporary restriction of the right to departure of the debtor is applied in case of non-execution by the debtor at the scheduled time without valid excuse of the requirements containing in the executive document issued based on court resolution, or the court resolution which is the executive document (further - the executive document).

If the executive document is not court resolution and is issued not based on court resolution, then the claimant has the right to take a legal action with the statement for establishment for the debtor of temporary restriction on departure from the Republic of Uzbekistan.

In the resolution on excitement of enforcement proceeding the legal executive specifies that in case of non-execution by the debtor of requirements of the executive document without valid excuse in time, submitted for voluntary execution, concerning it measures of forced execution, including temporary restriction of the right to departure from the Republic of Uzbekistan will be taken.

3. The temporary restriction of the right to departure of the debtor is not applied:

on the enforcement proceeding providing collection of the amount in the amount of, not exceeding the double minimum size of the salary on the date of adoption of the resolution on excitement of enforcement proceeding, and also in case of withdrawal of property in the quantity sufficient for execution of the judgment;

on enforcement proceeding in which the legal entity acts as the debtor.

4. The resolution of the legal executive on temporary restriction of the right to departure of the debtor is subject to obligatory execution and can be suspended only by court or the legal executive in the procedure established by the legislation.

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