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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of December 20, 2002 No. 862

About approval of the Regulations on procedure for forming and use of performing collection

(as amended on on November 26, 2008)

In pursuance of the Presidential decree of the Kyrgyz Republic "About some measures for improvement of financing of the courts and development of enforcement proceeding of the Kyrgyz Republic" of August 22, 2002 the Government of the Kyrgyz Republic decides:

1. Approve the enclosed Regulations on procedure for forming and use of performing collection.

2. To impose control over the implementation of this Resolution on legal and financial departments of the Office of the Prime Minister of the Kyrgyz Republic.

Prime Minister

N. Tanayev

Approved by the Order of the Government of the Kyrgyz Republic of December 20, 2002 No. 862

Regulations on procedure for forming and use of performing collection

I. General provisions

1. This Provision is developed according to article 91 of the Law of the Kyrgyz Republic "About enforcement proceeding and about the status of legal executives of the Kyrgyz Republic" and in realization of Item 3 of the Presidential decree of the Kyrgyz Republic of August 22, 2002 "About some measures for improvement of financing of the courts and development of enforcement proceeding of the Kyrgyz Republic".

2. Main objectives of collection of performing collection are:

- development of enforcement proceeding;

- financial incentive of the legal executives providing execution of the executive document;

- development and strengthening of material and technical resources of courts;

- ensuring social protection of judges, employees of courts and their encouragement.

II. Sources of financing and procedure for forming

3. Performing collection is collected for real forced execution of the executive document of property nature from the debtor in the amount of 10 percent from the collected amount or cost of the collected property.

At the same time performing collection is not collected on cases:

- about collection of the alimony;

- about indemnification, caused to health, and also the death of the supporter;

- following from employment legal relationship.

4. Collection of performing collection is made only based on court resolution.

5. The amounts collected from the debtor as performing collection go:

- in the amount of 50 percent on development of enforcement proceeding, and also payment of the monetary reward to the legal executives providing execution of the executive document;

- other 50 percent of performing collection are aimed at the development of courts.

The means intended on development of courts are distributed as follows:

- 60 percent - on development of local courts of the general jurisdiction;

- 40 percent - on development of the Supreme Court of the Kyrgyz Republic.

6. The amounts collected from the debtor as performing collection accumulate on accumulation accounts of system of Treasury of the Kyrgyz Republic.

III. Procedure for use of means

7. Means are used on the following purposes:

- development of enforcement proceeding;

- payment of the monetary reward to the legal executives providing execution of the executive document;

- repair of buildings;

- acquisition of the equipment;

- payment of financial support to judges and workers of offices of courts;

- traveling expenses;

- content of transport;

- other expenses (office and household goods, repair of office equipment, stamps, etc.).

IV. Procedure for distribution of performing collection

8. Distribution and payment of the money intended on development of enforcement proceeding (including remunerations to legal executives), is solved the Chief bailiff of the Kyrgyz Republic or the chief bailiff of area. At the same time the size of the monetary reward paid to legal executives cannot exceed 25 rates of the minimum payment of work established in the Kyrgyz Republic.

9. Questions of distribution and payment of money are solved on development of local courts the Commission on distribution of means (daleekomissiya).

The commission consists of heads of Judicial council of the Kyrgyz Republic, the Supreme Court of the Kyrgyz Republic and Judicial department of the Kyrgyz Republic.

The money intended on development of the Supreme Court of the Kyrgyz Republic goes directly to the account of the Supreme Court of the Kyrgyz Republic of system of Treasury of the Kyrgyz Republic.

10. The procedure for allocation and distribution of funds for development of enforcement proceeding and courts is determined by the relevant provisions approved respectively by the Chief bailiff of the Kyrgyz Republic and the Commission on distribution of means, on the approved profit and loss budget of performing collection approved with the Ministry of Finance of the Kyrgyz Republic.

11. Questions of the organization of financial accounting of money and inventory items are solved by the Chief bailiff of the Kyrgyz Republic and the commission chairman.

12. Financial transactions on expenditure of money are performed by cash and non-cash calculations.

13. Remaining balance of the means which are not used until the end of the year is transferred to revenues of the estimate of the next year.

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

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