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Ministry of Justice of Ukraine

April 2, 2012

No. 489/20802

ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of April 2, 2012 No. 512/5

About approval of the Instruction on the organization of forced execution of decisions

(as amended on 07-04-2021)

According to the Law of Ukraine "About enforcement proceeding" and for the purpose of reduction of regulatory legal acts in compliance with requirements of the current legislation I ORDER:

1. Approve the Instruction on the organization of forced execution of decisions which is attached.

2. Recognize to invalid:

The instruction about carrying out executive actions approved by the order of the Ministry of Justice of Ukraine of 15.12.99 No. 74/5, registered in the Ministry of Justice of Ukraine 15.12.99 for No. 865/4158 (with changes), except Item 5.11 of Chapter 5, subitem 5.12. 5, paragraphs of the first - the ninth, eleventh - the twenty fifth subitem 5.12.6 of Item 5.12 of Chapter 5 of Item 5.12 of Chapter 5 concerning preparation for carrying out and carrying out weekly tenders by determination of the specialized organizations for realization of the property arrested by the state contractors who continue to act before entry into force of procedure for realization of the property arrested by the state contractors;

the order of the Ministry of Justice of Ukraine of 17.05.2004 No. 37/5 "About approval of the Procedure for education and functioning of executive groups at bodies of the public executive service", registered in the Ministry of Justice of Ukraine 17.05.2004 for No. 624/9223 (with changes);

the order of the Ministry of Justice of Ukraine of 17.05.2004 No. 38/5 "About approval of the Procedure for transfer of materials of enforcement proceeding from one body of the public executive service in another or executive group, from one state contractor in another", registered in the Ministry of Justice of Ukraine 17.05.2004 for No. 625/9224 (with changes).

3. To department of interaction with authorities (Zerkal O. V.) to submit this order on state registration according to the Presidential decree of Ukraine of 03.10.92 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies" (with changes).

4. To the public executive service of Ukraine (Stadnik G. V.) to 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.

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

6. To impose control over the implementation of this order on the Chairman of the Public executive service of Ukraine Stadnik G. V.

Minister

O. Lavrinovich

Approved by the Order of the Ministry of Justice of Ukraine of April 2, 2012 No. 512/5

Instruction on the organization of forced execution of decisions

I. General provisions

1. This Instruction is developed according to the Law of Ukraine "About the bodies and persons performing forced execution of judgments and decisions of other bodies", the Law of Ukraine of June 2, 2016 No. 1404-VIII "About enforcement proceeding" (further - the Law), other legal acts of Ukraine and regulatory legal acts of the Ministry of Justice of Ukraine and determines single questions of the organization of execution of judgments and decisions of other bodies (officials) (further - the decision) which according to the Law are subject to forced execution.

2. Forced execution of decisions, the stipulated in Article 3 Laws, the state contractors and private contractors perform (except the decisions provided by part two of article 5 of the Law) (further - contractors).

3. Bodies of the public executive service is:

Department of the public executive service of the Ministry of Justice of Ukraine;

department of forced execution of decisions of Department of the public executive service of the Ministry of Justice of Ukraine;

management of ensuring forced execution of decisions in the city of Kiev of Department of the public executive service of the Ministry of Justice of Ukraine (further - management of ensuring forced execution of decisions in the city of Kiev);

departments of forced execution of decisions in districts of the city of Kiev of management of ensuring forced execution of decisions in the city of Kiev;

management of ensuring forced execution of solutions of interregional managements of the Ministry of Justice of Ukraine (further - management of ensuring forced execution of decisions);

departments of forced execution of solutions of managements of ensuring forced execution of decisions;

district, district in the cities, city, gorrayonny, interdistrict departments of the public executive service of the relevant interregional managements of the Ministry of Justice of Ukraine (further - departments of the public executive service).

4. Are subordinated to department of forced execution of decisions of Department of the public executive service of the Ministry of Justice of Ukraine decisions according to which:

debtors are the Office of the Verkhovna Rada of Ukraine, Office of the President of Ukraine, the Cabinet of Ministers of Ukraine, the central executive bodies, the Constitutional Court of Ukraine, the Supreme Court, the supreme specialized courts, Appeal Courts, Office of the Attorney-General, regional prosecutor's offices, National anti-corruption bureau of Ukraine, the Supreme council of justice the National Bank of Ukraine, Audit Chamber, Administration of the Verkhovna Rada of the Autonomous Republic of Crimea, Council of Ministers of the Autonomous Republic of Crimea, regional, Kiev and Sevastopol city councils or the regional, Kiev and Sevastopol city public administrations and their structural divisions, other public authorities and their officials, and also territorial authorities of the central executive bodies and their structural divisions, local courts, district public administrations and their structural divisions located in the city of Kiev, local prosecutor's offices, other territorial subdivisions of public authorities and their officials;

the amount of the obligation constitutes fifty and more than million hryvnias either equivalent foreign currency amount or twenty five and more than million hryvnias or equivalent foreign currency amount if the place of execution of the judgment is the city of Kiev.

Are subordinated to department of forced execution of solutions of managements of ensuring forced execution of decisions by interregional managements of the Ministry of Justice of Ukraine decisions according to which:

debtors are territorial authorities of the central executive bodies and their structural divisions, local courts, city, regional or settlement councils or district public administrations and their structural divisions, district prosecutor's offices, other territorial subdivisions of public authorities and their officials;

the amount of the obligation constitutes from twenty five to fifty million hryvnias or equivalent foreign currency amount.

Accomplishment of decisions concerning debtors who are in the territory according to the Law of Ukraine "About providing the rights and freedoms of citizens and legal regime in temporarily occupied territory of Ukraine" is temporarily occupied territory of Ukraine, is performed by department of forced execution of solutions of management of ensuring forced execution of decisions in the Kherson region of the Southern interregional management of the Ministry of Justice of Ukraine.

5. The main information base about carrying out enforcement proceeding is the automated system of enforcement proceeding (further the automated system).

Information about debtors (except data concerning the debtors determined in part five of article 9 of the Law) is entered in the Unified register of debtors which is the compound automated system.

The mechanism of functioning of the automated system determines the Regulations on the automated system of enforcement proceeding approved by the order of the Ministry of Justice of Ukraine of August 5, 2016 No. 2432/5, registered in the Ministry of Justice of Ukraine on August 12, 2016 at No. 1126/29256.

6. When implementing enforcement proceeding the contractor makes the decision by pronouncement of resolutions, preventions, introduction of representations, creation of acts and protocols, provision of orders, orders, requirements, giving of requests, statements, messages or other procedural documents in the cases provided by the Law and other regulatory legal acts.

7. The resolution as the separate document contains the following obligatory details:

number of enforcement proceeding;

introductory part with indication of:

names of the resolution, date of issue of the resolution and place of removal;

the name of body of the public executive service, surname, name and middle name of the state contractor which issued the decree or surnames, name and middle name of the private contractor who issued the decree, the name of the executive district in which it performs activities;

the name of the executive document when also by whom it is issued, substantive provisions of the document (further - details of the executive document);

on summary enforcement proceeding - surname, name and the debtor's middle name - physical person, full name of the debtor - the legal entity and date of consolidation of enforcement proceedings in summary;

motivation part with indication of motives for which the contractor made the relevant decision (came to certain conclusions), and references to the provision of the law based on which the decree is issued;

substantive provisions with indication of:

the decision made by the contractor;

term and procedure for appeal of the resolution.

In resolutions also other data determined by the Law, this Instruction and other regulatory legal acts can be entered.

The resolution is signed by the contractor and sealed. The resolution is constituted in the necessary number of copies, one of which remains in enforcement proceeding, and others go on accessory.

If the resolution goes in electronic form, on such resolution the qualified digital signature with use of means of the qualified digital signature which have the built-in hardware and software providing protection of the data which are written down on them against unauthorized access, against direct acquaintance with parameter value of personal keys and their copying is imposed.

The decrees issued within the enforcement proceeding opened based on the executive document issued in electronic form turn out the claimant by means of the automated system of enforcement proceeding within information exchange.

If the resolution of the contractor is the executive document, it shall conform to the requirements to the executive document determined by article 4 of the Law.

Other officials of bodies of the public executive service in the cases provided by the Law and this Instruction issue decrees taking into account the requirements determined by this Item.

8. The act - the document confirming certain established facts or events.

The text of the act consists of details of the executive document with indication of essence of the carried-out actions; on summary enforcement proceeding - full name (surname, name and middle name) the debtor and date of consolidation of enforcement proceedings in summary, and also the introductory and stating parts.

In introductory part the name of the act, date and the place of its creation, position, surname, name, middle name of the contractor, the basis for creation of the act, person which were present at its creation, with indication of their status in enforcement proceeding, the places of residence (location), positions, other available data are specified, the number of sheets on which the statement is drawn up is specified.

In narrative recitals the purposes and tasks of creation of the act, essence and nature of the carried-out executive actions, established facts, events, and also in case of need conclusions and offers are stated.

At the end of the act (before signatures) data on the number of copies of the act and to whom they are presented are specified (go).

The act is signed by all persons who were taking part in its creation. In case of refusal from signing of persons which were present at creation of the act about it the mark in the act becomes. The mark "refused the signature" is put down opposite to surname of person who refused the signature and certified by signatures of other persons which were present at creation of the act.

In the act also other data determined by the Law, this Instruction and other regulatory legal acts can be entered.

9. The requirement of the contractor is the written instrument which is constituted in the cases provided by the Law and is obligatory for accomplishment by bodies, organizations, organizations, officials and physical persons about provision for the contractor of the documents or their copies necessary for implementation of its powers, making of other actions necessary for execution of the decision.

The requirement is signed by the contractor and goes by mail or other means of communication or is handed the contractor to person who shall make actions.

10. The order of the contractor is the written instrument which is constituted in the cases provided by the Law on carrying out separate executive actions by bodies, organizations, organizations, officials and physical persons.

11. The request of the contractor is the written instrument which is obligatory for accomplishment by bodies, organizations, organizations, officials and physical persons about provision for the contractor of information, the documents or their copies necessary for implementation of its powers.

The acquired information is used by bodies of the public executive service (the private contractor) only in the office purposes.

12. In the requirement, the power of attorney, request of the contractor are surely specified:

name of body of the public executive service, surname, name and middle name of the state contractor or surname, name and middle name of the private contractor;

date of opening and number of enforcement proceeding;

details of the executive document;

accomplishment term;

failure to carry out effects.

II. Participants of enforcement proceeding

1. Realization by participants of enforcement proceeding of the powers, and also involvement of other persons to participation in carrying out executive actions and realization of the powers by them are performed according to the Section III of the Law.

The contractor when implementing enforcement proceeding shall use all rights and powers necessary for ensuring impartial, effective, timely and complete fulfillment of the decision granted to it.

2. Employees engagement of police within the powers conferred to them is performed by the contractor in case of execution of decisions for ensuring public safety and procedure, prevention, suppression of the criminal and administrative offenses, taking measures directed to elimination of threats of life and to health of contractors, the physical persons which arose when carrying out executive actions for forced execution of judgments and decisions of other bodies based on the motivated resolution of the contractor which goes to the head of territorial authority of police at the venue of executive action.

3. Involvement of guardianship and custody bodies according to the powers assigned to them surely is performed by the state contractor in case of execution of decisions on confiscation and transfer of the child, and also in case of need providing the rights and interests of the children and disabled persons needing guardianship (guardianship).

4. In case of need to carrying out or the organization of executive actions the contractor has the right to attract subjects of managing.

5. Involvement by the contractor of other bodies, companies, organizations, organizations, officials, physical persons in case of forced execution of decisions is performed if their presence can promote timely and full implementation of decisions.

6. Attraction to enforcement proceeding of relevant organs, the companies, organizations, the organizations, officials and physical persons (except witnesses) is performed by the contractor by pronouncement of the resolution on involvement of these persons.

In this resolution are surely specified the description of the reasons which caused need of attraction, time and the place of making of executive actions, and also other necessary data.

The copy of the resolution goes to relevant organ, organization, the organization, the subject of managing, person no later than the next day from the date of removal, but not later than three days prior to the planned actions.

7. Before executive actions the contractor orally explains to persons of their right and obligation involved in case of forced execution of decisions about what it is noted in the act.

The contractor controls making of actions by the involved persons.

8. For examination and explanation of questions which arise when implementing enforcement proceeding and require special knowledge, the contractor on own initiative or according to the statement of the parties appoints the resolution the expert or the specialist (in case of need - several experts or specialists), and for assessment of property (property rights) - subjects of estimative activities - subjects of managing, and also in case of need - the translator.

In the resolution on appointment of the expert or the specialist, subject of estimative activities - the subject of managing, the translator questions on which these persons shall provide the written conclusion (report) or from what language it is necessary to make transfer, or type and the characteristic of property which it is necessary to identify, estimate, etc., terms of implementation of the corresponding actions are specified.

In the resolution the warning of responsibility surely is specified:

to the expert - for refusal without valid excuse of execution of the obligations assigned to it when implementing enforcement proceeding, provision of obviously false conclusion when implementing enforcement proceeding;

to the subject of estimative activities - the subject of managing (appraiser) - for doubtful or non-objective assessment of property;

to the translator - for making of obviously incorrect translation during enforcement proceeding, and also for refusal without valid excuse of execution of the obligations assigned to it in enforcement proceeding.

9. The right and obligation of the Parties and other participants of enforcement proceeding are implemented according to article 19 of the Law.

10. Powers of the agents of the parties participating in enforcement proceeding shall be certified by such documents:

power of attorney of physical person;

the power of attorney of the legal entity or documents certifying the right of representation of the legal entity (the document on appointment of the legal entity as the head, etc.);

decision on appointment as the guardian, custodian or managing director of heritable property;

the order to which the agreement extract is surely attached, in which powers of the lawyer as the representative or restriction of its rights to making of separate actions are specified; the order of body or organization, authorized by the law on provision of free legal assistance or about provision of legal assistance.

The documents certifying powers of representatives shall be drawn up according to requirements of the current legislation.

Originals of the documents specified in this Item or properly certified their copies join enforcement proceeding materials.

After the certificate availability at the representative of properly drawn up power of attorney the original of such power of attorney in case of need returns to the agent of the party of enforcement proceeding.

In case of realization by the party of enforcement proceeding of the right to presentation of the executive document for execution, filing of application about return without execution of the executive document, receipt of the awarded property or the collected amounts through the representative the contractor checks whether are caused in the power of attorney of power of the representative on making of such actions.

In case of realization by the party of enforcement proceeding of the right to appeal of actions of the state contractor and other officials of bodies of the public executive service through the representative such power of the representative shall be stipulated in the power of attorney.

Powers of the representative on making of certain executive action shall be stipulated in the power of attorney issued to it or in the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming.

11. The party of enforcement proceeding (her representative) and the prosecutor as the participant of enforcement proceeding can get acquainted with enforcement proceeding materials in relevant organ of the public executive service, office of the private contractor in time which is specially established for reception of citizens and in that amount in which they want, according to the oral petition to the contractor.

The parties of enforcement proceeding (their representatives) or the prosecutor as the participant of enforcement proceeding at will can get acquainted with enforcement proceeding materials in other time. The enforcement proceeding is provided to them for acquaintance based on the written application in which desirable date and time of acquaintance are specified.

Acquaintance with materials of enforcement proceeding is performed in the presence of the contractor or the assistant to the private contractor about what in enforcement proceeding the mark with indication of date of acquaintance and the signature of person which got acquainted with enforcement proceeding materials becomes.

The party of enforcement proceeding (her representative) and the prosecutor as the participant of enforcement proceeding have the right to make copies (photocopies) from documents of enforcement proceeding and the statement from them. Withdrawal from materials of enforcement proceeding of any documents is not allowed.

12. In case of disposal of one of the parties of enforcement proceeding (the termination of the legal entity, and also in other cases of replacement of the party in enforcement proceeding) if legal relationship allow legal succession, the contractor according to the statement of the party of enforcement proceeding, and also the concerned party has the right to take a legal action with the statement for replacement of the party of enforcement proceeding with her legal successor. Based on the resolution decided by court the contractor replaces with the resolution the party of enforcement proceeding. The judgment and the resolution of the contractor join the executive document by its transfer to other body of the public executive service or to the private contractor or return to his claimant or to court.

13. The legal succession is possible at all stages of enforcement proceeding - from the moment of opening of enforcement proceeding before its termination. After replacement of the disposed party of enforcement proceeding with her legal successor the contractor continues accomplishment of enforcement proceeding according to the procedure, established by the Law.

14. If the party of enforcement proceeding changed the name without procedure of reorganization (for the legal entity) or surname, name or middle name (for physical person), the contractor in the presence of supporting documents (about modification of constituent documents, references from the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming, the reference of body of state registration of acts of civil status, the passport copy) the resolution changes the name of the party of enforcement proceeding. Such resolution of the contractor joins the executive document by its transfer to other body of the public executive service or to the private contractor or return to his claimant or to court.

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