ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE, STATE CUSTOMS SERVICE OF UKRAINE

of October 12, 2009 No. 1833/5/943

About approval of the Order of interaction of bodies of the public executive service and customs authorities in case of cession of property confiscated on decisions of the courts and orders it

1. Approve the Order of interaction of bodies of the public executive service and customs authorities in case of cession of property, confiscated on decisions of the courts, and the order by it it (is applied).

2. Recognize the voided Procedure for transfer by customs authorities of the property seized on decisions of the courts, bodies of the public executive service approved by the order of the Ministry of Justice of Ukraine and the State Customs Service of Ukraine of 17.08.2001 No. 46/5/571, registered in Ministry of Justice 17.08.2001 for No. 720/5911 (with changes), and the order of the Ministry of Justice of Ukraine, the State Customs Service of Ukraine of 28.11.2003 No. 146/5/804 "About modification of the Procedure for transfer by customs authorities of the property seized on decisions of the courts, bodies of the public executive service" registered in Ministry of Justice 28.11.2003 for No. 1097/8418.

3. To chiefs 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, to chiefs of customs authorities in ten-day time from coming into force of this order to hold working meetings, stipulated in Item 5 Orders of interaction of bodies of the public executive service and customs authorities in case of cession of property, confiscated on decisions of the courts, and the order by it, approved by this order.

4. (Stadnik G. V.) to submit to department of the public executive service this order on state registration according to the Presidential decree of Ukraine of 03.10.92 No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies" (with changes).

5. To department of the public executive service (Stadnik G. V.) and to Administration of the State Customs Service of Ukraine (Pogorelova T. V.) bring the order to permission 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, chiefs of customs authorities.

6. This order becomes effective from the date of its official publication.

7. To impose control over the implementation of this order on the deputy minister of justice of Ukraine Tsoklan V. I. and vice-chairman of the State Customs Service of Ukraine Fedorov O. O.

Approved the Order of the Ministry of Justice of Ukraine, the State Customs Service of Ukraine of October 12, 2009 No. 1833/5/943

Order of interaction of bodies of the public executive service and customs authorities in case of cession of property, confiscated on decisions of the courts, and the order by it

1. The order of interaction of bodies of the public executive service and customs authorities in case of cession of property, confiscated on decisions of the courts, and the order by it (further - the Procedure) is developed according to the Customs code of Ukraine, the Law of Ukraine "About enforcement proceeding" for the purpose of settlement of the mechanism of transfer of the property withdrawn by customs authorities and seized according to judgments to bodies of the public executive service, further informing on the performed order it and interactions of representatives of customs authorities and the state contractors during implementation of such activities.

2. Action of this Procedure extends to the properties, including the vehicles withdrawn by customs authorities and confiscated based on judgments and also to property with limited storage duration, the requiring urgent order.

3. The purpose of interaction is ensuring accomplishment of tasks on mobilization of means in the Government budget of Ukraine by the use of effective measures concerning ensuring determination of actual cost of condemned property, and also high-quality and timely execution of necessary documents during the work with condemned property.

4. Accounting, provisional estimate, and also responsibility for storage of the property seized on decisions of the courts until its withdrawal by the state contractor or transfers of trade organization are assigned to customs authorities and storages, estimates of the property withdrawn by customs authorities concerning which the judgments about confiscation are passed, transfers to its bodies of the public executive service and the order it approved by the resolution of the Cabinet of Ministers of Ukraine of 26.12.2001 No. 1724 are performed according to the Accounting treatment (with changes) (further - the Accounting treatment, storages, estimates of the property withdrawn by customs authorities concerning which the judgments about confiscation, transfers to its bodies of the public executive service and the order are passed to them).

5. During the first quarter of year with the assistance of heads or officials of the bodies of the public executive service involved in process of the order by the property seized by a court decision authorized by them and customs authorities by which this property was withdrawn the working meeting on which results of work last year are considered is held and decisions for interaction improvement are passed in limits to competence.

6. For the purpose of providing the order with condemned property in case of impossibility of its realization by chiefs of the departments of the public executive service performing accomplishment of decisions on confiscation of the property withdrawn by customs authorities the commissions, stipulated in Item 11 Procedures for the order are formed by the property seized by a court decision and transferred to bodies of the public executive service, the Cabinet of Ministers of Ukraine approved by the resolution of 11.07.2002 No. 985 (with changes) (further - the Procedure for the order the property seized by a court decision and transferred to bodies of the public executive service).

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