RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF BELARUS

of October 3, 2011 No. 219

About modification and amendments in the resolution of the Ministry of Justice of the Republic of Belarus of December 20, 2004 No. 40

Based on Item 11 of 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, the Ministry of Justice of the Republic of Belarus DECIDES:

1. Bring in the Instruction on enforcement proceeding approved by the resolution of the Ministry of Justice of the Republic of Belarus of December 20, 2004 No. 40 (The national register of legal acts of the Republic of Belarus, 2005, No. 2, 8/11871; 2010, No. 110, 8/22142; No. 287, 8/22970; 2011, No. 22, 8/23332), changes and amendments, having been reworded as follows it it (is applied).

2. This resolution becomes effective after its official publication.

Approved by the Resolution of the Ministry of Justice of the Republic of Belarus of December 20, 2004 No. 40

(in edition of the resolution of the Ministry of Justice of the Republic of Belarus of 03.10.2011 No. 219)

Instruction on enforcement proceeding

SECTION I GENERAL PROVISIONS

CHAPTER 1 GENERAL PROVISIONS

1. This Instruction is developed based on the Code of civil procedure of the Republic of Belarus, the Procedural and executive code of the Republic of Belarus about administrative offenses, the Penitentiary code of the Republic of Belarus, the Bank code of the Republic of Belarus, the Code of the Republic of Belarus about judicial system and the status of judges, 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 (The national register of legal acts of the Republic of Belarus, 2001, No. 107, 5/9385; 2008, No. 54, 5/26856), other regulatory legal acts governing the public relations in the field of enforcement proceeding also determines conditions and procedure for execution of executive documents.

Tasks of enforcement proceeding are ensuring execution of decisions, determinations and resolutions of courts on civil cases, resolutions on cases on administrative offenses, sentences, determinations and resolutions on criminal cases regarding property penalties, and also resolutions and decisions of other bodies which execution by the legislation is assigned to legal executives, control of voluntary execution, and in necessary cases their forced execution for the purpose of the protection and protection confirmed in the procedure for the rights of citizens, legal entities established by the law and the states.

CHAPTER 2 CONDITIONS OF ACTIONS OF THE LEGAL EXECUTIVE

2. Executive actions in the territory of the Republic of Belarus are made by the legal executives consisting under the relevant courts.

3. The citizen of the Republic of Belarus who reached eighteen-year age, having secondary vocational legal education or the higher legal education (for the senior legal executive of district (city) court - the higher legal education and length of service on legal specialty at least two years, including at least one year as the legal executive, for the senior legal executive regional, Minsk city courts - the higher legal education and length of service as the legal executive of district (city) court at least two years), capable on the business and personal qualities can be the legal executive, and also for health reasons to fulfill the duties assigned to it.

The legal executive is the official who is in public service.

The citizen in the presence of the bases for refusal in acceptance on public service established by the legislation cannot be appointed to position of the legal executive.

In district (city) courts where there are two and more legal executives, in regional, Minsk city courts the senior legal executive is appointed.

The senior legal executives, legal executives are appointed to position and dismissed according to the procedure, established by the Ministry of Justice of the Republic of Belarus.

In courts where there are twelve legal executives and more, work of legal executives will be organized by the zone principle. Legal executives of court are divided into groups on four-five people, work of each group will be organized by the senior legal executive.

Load of the senior legal executive of the district (city) court supervising work of group shall not exceed 70 percent from load of the legal executives who are part of group.

The personal responsibility for personnel recruitment of legal executives is born by chiefs of head departments of justice regional, Minsk city executive committees (further - head department of justice) and chairmen of the relevant courts.

In courts with number of legal executives from six units specialization in execution of enforcement proceedings is from above entered. The legal executive performing the summary enforcement proceeding combined according to Item 15 of this Instruction is appointed the chairman of justices.

Exit (departure) at the place of residence (the place of stay) or the location of the debtor or his property is performed by group of legal executives in number of at least two people.

The legal executive is subject to compulsory national insurance according to the legislation.

Legal executives on duty wear uniform, have distinction signs which descriptions affirm the President of the Republic of Belarus.

Official IDs according to the legislation are issued to legal executives.

4. The organization of activities of legal executives district (city), regional, Minsk city courts is performed by the Ministry of Justice of the Republic of Belarus, head departments of justice and chairmen regional, Minsk city courts.

The Ministry of Justice according to the tasks assigned to it:

realizes state policy in the field of justice;

exercises control of work of legal executives on accomplishment of the tasks assigned to them;

will organize holding the actions directed to increase in professional training of legal executives;

establishes the number of staff, determines norms of materialnotekhnichesky providing legal executives, considers within competence of the claim to their actions;

develops projects of legislative and other regulatory legal acts concerning enhancement of activities of legal executives.

Head departments of justice, regional, Minsk city courts:

will organize work and control activities of legal executives;

provide control of timely and complete execution of executive documents;

perform matching of candidates for positions of legal executives and conduct their reserve;

will organize professional training and advanced training of legal executives, carry out their certification and recertification;

within competence consider addresses of citizens and legal entities concerning execution of executive documents by courts, take measures for enhancement of this work;

analyze statistical data on maintaining enforcement proceedings;

generalize practice of execution of executive documents;

develop and make offers in the Ministry of Justice on enhancement of activities of legal executives.

In courts the common directorship is assigned by activities of legal executives to chairmen of the courts.

According to Regulations on the chairman of district (city), intergarrison military court of the Republic of Belarus and the Regulations on the chairman of regional, Minsk city, Belarusian military court of the Republic of Belarus approved by the resolution of the Ministry of Justice of the Republic of Belarus of June 30, 2005 No. 32 (The national register of legal acts of the Republic of Belarus, 2005, No. 109, 8/12845), chairmen of the courts:

will organize work of judges on control of the correct and timely execution of executive documents;

carry out quarterly inspections of work of each legal executive with creation of inspection statements and discussion of results at the operational meetings of court;

at least once a month check condition of the book of accounting of the deposit amounts by calculation and reconciliation of the arrived and issued amounts with the statement from the deposit account of bank;

provide operational and real execution by legal executives of executive documents.

Taking into account ratio of categories of enforcement proceedings, quantity and qualification of legal executives chairmen of the courts approve by the relevant order specialization in execution of executive documents.

Control on accomplishment of the tasks assigned to legal executives is exercised by judges and the senior legal executives.

In inspection statements the available shortcomings of work of legal executives, the reasons of their assumption and measure directed to their elimination are specified.

In case of transfer of the legal executive into new position or its dismissal chairmen of the courts will organize action research of this legal executive, including on observance of requirements of Chapter 24 of this Instruction by it, with creation of the reference.

5. Questions of excitement of enforcement proceeding, control of voluntary execution, forced execution, return of the executive document to the claimant, expense determination on execution of the executive document, taking measures to establishment of the location of the debtor and other actions, stipulated by the legislation and this Instruction are within the competence of the legal executive.

6. When implementing obligations on execution of executive documents legal executives are public agents.

Legal requirements of the legal executive on execution of executive documents are obligatory for all citizens, including officials, and also legal entities in all territory of the Republic of Belarus.

Non-execution or hindrance to execution of legal requirements of the legal executive, the insult of his honor and advantage, violence against the legal executive, infringement of his life, health and property or threat of making of such violence or encroachment, and also other actions interfering execution of the obligations assigned to it attract responsibility according to legal acts.

Employees of law-enforcement bodies within the powers conferred to them by the legislation render assistance to legal executives in case of execution of service duties by them in cases if they interfere with legal executives in making of executive actions or to their life and health danger threatens.

In case of evasion of the debtor without valid excuse from appearance the legal executive in three-day time has the right to bring representation to the judge about removal of determination about the debtor's drive according to Article 169 of the Code of civil procedure of the Republic of Belarus in court or to constitute the protocol on administrative offense under article 24.6 of the Code of the Republic of Belarus about administrative offenses.

In case of failure to meet requirements of the legal executive, and also non-execution of the executive document, court decree or other act the legal executive shall constitute the protocol on administrative offense under Articles 24. 9, 24.10 Codes of the Republic of Belarus about administrative offenses.

7. The legal executive cannot participate performed by the executive document and is subject to branch if he personally is directly or indirectly interested in the outcome of the case or is relative of one of the parties or there are other circumstances raising doubts in his impartiality. The issue of branch is resolved by the judge. Determination about refusal in branch can be appealed or protested.

Submission of the claim or protest does not stop production of executive actions. All documents connected with question of removal of the legal executive join the corresponding enforcement proceeding.

8. In case of removal of the legal executive the executive document based on determination of court is transferred to other legal executive of the same court, and in case of removal of all legal executives of this court - goes to other court through head department of justice for execution with application of copies of all documents which are in enforcement proceeding.

9. The legal executive in case of accomplishment of job responsibilities on execution of executive documents has the right:

consider questions of excitement and the termination of enforcement proceeding, of refusal in excitement of enforcement proceeding, about return of the executive document to the claimant and about adjournment of executive actions;

subpoena citizens and officials according to the executive documents which are in production;

request citizens, officials, the corresponding legal entities of the data on accounts and deposits, including data on account availability, its owner, number and other account details, the size of the means which are on accounts and in deposits, and equally in data on specific transactions, on account transactions and to deposits and also the property which is stored with creation of request in form according to appendix 1;

demand from heads and other officials of allocation of specialists for clarification of the questions which arose in case of execution;

upon presentation of the official ID freely to enter on the territory and the rooms occupied by the debtor, to have access to warehouses, in storages, production and auxiliary placements and on other objects for verification of presence of money, securities and other material values if other is not stipulated by the legislation. If necessary with participation of witnesses to perform inspection of production, storage, trade and other facilities of the debtor. Opening of the room in pursuance of the court decree about installation (eviction) is performed in the presence of the debtor or his full age family members, and in case of their absence - with the assistance of witnesses, employees of law-enforcement bodies with production of the inventory of all property which is in the room;

in necessary cases to seal rooms, storages and property of the debtor;

use non-residential premises for temporary storage of the withdrawn property with reference of expenses on storage on the debtor;

use transport of the claimant or debtor for transportation of the property withdrawn from the debtor with reference of expenses on transportation on the debtor;

demand from citizens, officials, the corresponding legal entities of accomplishment of the certain actions specified in executive documents or directed to their execution;

in case of ambiguity or inaccuracy of the executive document to file petition for giving explanations on execution of the executive document in form according to appendix 2 in the court or body which issued it about explanation of its execution;

address the judge with representation for removal of determination and the direction it in competent authorities about suspension of movement of load or about temporary restriction to debtors of the right to departure out of limits of the Republic of Belarus before repayment of debt on executive documents by them;

constitute according to part two of article 3.30 of the Protsessualnoispolnitelny code of the Republic of Belarus about administrative offenses protocols on administrative offenses concerning the persons who are not fulfilling requirements of the legal executive or not performing executive documents, the court decree or other act;

based on determination of court to take stipulated by the legislation measures for providing the claim;

impose arrest property of the debtor and make its inventory;

make property assessment, inviting in necessary cases for these purposes of the expert (specialist), and assessment of apartment houses (apartments), other structures, buildings, constructions, objects of trade and special purpose and the companies as single property complex - with obligatory participation of the expert (specialist);

realize at the biddings, auctions, through commission shops, and equally otherwise, stipulated by the legislation, property of the debtor;

turn collection on the sums of money and property of the debtor which are at other persons;

in case of detection of counterfeits, forgeries, other abuses in the procedure established by the legislation to withdraw necessary documents, leaving the act of withdrawal and the copy or the inventory of the withdrawn documents;

at the request of the judge to check the facts of rejection by state bodies and officials of measures to implementation of the court decree;

perform other stipulated by the legislation measures for execution of executive documents.

The challenge the legal executive in court of citizens and officials of legal entities is made by the legal notification in form according to appendix 3, which goes the registered mail with the notification on its delivery.

In necessary cases participants of enforcement proceeding can be called by the telephone message or the telegram, and also with use of other means of communication providing fixation of the notice or challenge.

10. The legal executive issues decrees about:

excitement of enforcement proceeding in forms according to appendices 4, 5;

refusal in excitement of enforcement proceeding in form according to appendix 6;

return of the executive document without excitement of enforcement proceeding in form according to appendix 7;

adjournment of executive actions in form according to appendix 8;

return of the executive document to the claimant in form according to appendix 9;

the termination of enforcement proceeding in form according to appendix 10.

The resolution is signed by the legal executive and certified by seal of the legal executive of the established sample according to appendix 11.

Resolutions of the legal executive can be appealed by the claimant or the debtor or are protested by the prosecutor in court under which the legal executive, according to the procedure and the terms established by the Code of civil procedure of the Republic of Belarus consists.

Control of use and storage of seals of legal executives is performed by the chairman of justices.

Accounting and storage of seals of legal executives is conducted by the senior legal executive appointed by the order of the chairman of justices responsible in register of seals of legal executives in form according to appendix 12. Seals are stored in cases (safes).

11. The legal executive shall use the rights granted to him according to the legislation, without allowing at the same time infringement of the rights and legitimate interests of physical persons and legal entities, to take all measures to timely, correct and complete making of executive actions, to explain to the parties of their right and obligation, and also to timely inform them on the taken measures and results on making of executive actions, to put question before court of involvement of guilty persons to responsibility for violations of requirements of the legislation.

12. The legal executive based on determination of court no later than the day following behind day of excitement of enforcement proceeding takes measures for ensuring execution of the executive document. Ensuring execution of the executive document is allowed in any provision of enforcement proceeding if rejection of measures of providing can complicate or make impossible execution of executive documents.

Measures for ensuring execution of the executive document are:

property attachment of the debtor, including the money of the debtor within the amount necessary for execution of the executive document and expense recovery on execution of the executive document which are at it or at other persons;

withdrawal of property of the debtor who is at it or other persons;

prohibition to the debtor to make certain actions;

prohibition to the debtor to use the property belonging to it or establishment of limits of use of property;

sealing of property of the debtor;

withdrawal of documents of title, including securities;

prohibition to other persons to transfer property to the debtor or to fulfill in relation to it other obligations;

other measures established by the legislation.

In necessary cases several measures of ensuring making of executive actions can be allowed.

Replacement of one measure of ensuring making of executive actions another is allowed. The question of replacement of one measure of ensuring making of executive actions another is considered by court on representation of the legal executive or the statement of the parties, the prosecutor. Consideration of question of replacement of one measure of ensuring making of executive actions another does not stop application of earlier established providing measures.

13. The legal executive immediately (with submission of the available documents) informs the chairman of justices on the abuses revealed in course of execution of the executive document, offenses and other violations of the law.

14. Execution according to executive documents is performed by the legal executive of court around which activities the debtor lives or works, or in the location of its property (if debtor is legal лицопо to the location of executive body of this person or in the location of its property).

If in the course of execution of the executive document the residence (the place of stay) changed or there is no location of the debtor left and property on which the residence (the place of stay) or the location of the debtor could turn collection still, the legal executive brings representation to the judge for permission of question of the direction of the executive document in court at the place of residence (the place of stay) or the location of the debtor in which the location information of the debtor or its property are specified.

The question of the direction of the executive document in other court is resolved by court in three-day time from the moment of receipt of representation of the legal executive.

The legal executive takes the executive document for execution to court at the new place of residence (stay) or the location of the debtor with application of a copy of this determination no later than the next day after removal of determination by court. In case of the direction of the executive document in other court the claimant is informed by the direction in its address of the copy of the cover letter.

In case of the direction of the executive document from one court in another within the area, the city of Minsk except the copy of determination of court copies of the answers which arrived in court from registering bodies, offices of notary public and from private notaries and confirming property status of the debtor are attached to it.

Copies of answers are attached under condition if from the moment of their receipt before emergence of need of the direction of the executive document in other court no more than four months expired.

The direction of the executive document for execution in other court or on place of employment of the debtor in the absence of the authentic (documentary drawn up) location information of the debtor, property or about the place of its work is forbidden.

(Documentary drawn up) data of registering bodies, offices of notary public, private notaries, adresnospravochny bureau, divisions on nationality and migration of law-enforcement bodies, military commissariats, bodies for work, employment and social protection of the population, housing and operational services, from place of employment of the debtor, etc. are reliable.

Execution of the resolutions obliging the debtor to make certain actions is made by court in the place of making of such actions.

On the initiated enforcement proceeding the legal executive cannot carry out executive actions out of the serviced territory. In cases when the debtor has the property which is in the territory of the different areas serviced by several courts, court in which on execution the executive document originally arrived based on determination charges carrying out separate executive actions to other court.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info