ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of August 31, 2013 No. 397

About the List of documents according to which debt collection is made in indisputable procedure based on executive texts

According to article 93 of the Law of the Republic of Tajikistan "About the state notariate" the Government of the Republic of Tajikistan decides:

1. Approve the List of documents according to which debt collection is made in indisputable procedure based on executive texts it (is applied).

2. Declare invalid the resolution of Council of Ministers of the Tajik SSR of February 7 1977, No. 40 "About approval of the List of documents according to which debt collection is made in indisputable procedure based on executive texts of the bodies making notarial actions".

Approved by the Order of the Government of the Republic of Tajikistan of August 31, 2013, No. 397

The list of documents according to which debt collection is made in indisputable procedure based on executive texts

1. General provisions

1. Notaries public and officials of consular establishments of the Republic of Tajikistan make executive texts according to indisputable obligations on the documents establishing debt according to the Law of the Republic of Tajikistan "About the state notariate".

2. The executive text is order of notarial body and the official of consular establishments of the Republic of Tajikistan about recovery by enforcement from the debtor for benefit of the creditor of certain amount of money or property. The executive text is made in the presence of the documents confirming indisputability of debt. Based on executive text the claimant has the right to demand from relevant organs of acceptance concerning the debtor of such measures which are performed during of court resolutions.

3. The list of documents according to which debt collection is made in indisputable procedure based on executive texts (further - this List) is developed based on requirements of article 93 of the Law of the Republic of Tajikistan "About the state notariate" and determines the list of the documents submitted to notarial bodies for debt collection in indisputable procedure based on executive texts.

4. The executive text on debt collection is made in the presence of two conditions:

- if the submitted documents confirm indisputability of debt of the debtor to the claimant;

- if from the date of emergence of right of action there passed no more than three years.

5. If for the requirement according to which the executive text is issued the legislation of the Republic of Tajikistan establishes other prescriptive limit, the executive text is issued within this term.

6. The documents confirming indisputability of debt are different authentic debt, the documents establishing debt.

2. The debts collected in indisputable procedure based on executive texts

7. Debts are collected in indisputable procedure based on executive texts on the following bases:

- debt collection according to notarially certified transactions;

- debt collection on the bases following from settlement and credit relations;

- debt collection from legal entities and physical persons on payment for use of the property provided to them under the agreement of hire;

- debt collection from the military personnel of internal troops, the ordinary and commanding structure of law-enforcement bodies, and also from cadets of military educational institutions of professional education.

3. Debt collection according to notarially certified transactions

8. Notarially certified transactions connected with receipt of money or property providing return or transfer of money or property are collected in indisputable procedure if the legislation of the Republic of Tajikistan or the agreement do not provide other procedure for collection.

9. For making of executive text the following documents are submitted:

- authentic copy of the transaction certified in notarial procedure;

- the notice in writing on payment delay (about return or transfer of money or property).

4. Debt collection on the bases following from settlement and credit relations

10. Debt collection in indisputable procedure which determines debt of citizens at the time of privatization of the apartment about payment of difference of total cost of the apartment and equivalent of cost of the privatized apartment is regulated by Item 14 of the Regulations on privatization of housing stock of the Republic of Tajikistan and the Procedure for cost determination of acquired living space in property of citizens approved by the order of the Government of the Republic of Tajikistan of July 4, 1996, No. 226.

11. For making of executive text the following documents are submitted:

- the power of attorney (letter) of the claimant for registration, executive text;

- authentic copy of the document (agreement) providing the obligation of the debtor on payment of difference of the amount of the privatized housing;

- the commitment letter of the debtor with indication of outstanding amount payment due date;

- the accounting certificate of outstanding amount, with indication of repayment period;

- notice in writing of the debtor on debt repayment.

12. Collection in indisputable procedure for the debt received by citizens in pawnshop and not returned at the scheduled time is performed according to the procedure, stipulated in Article 387 Civil codes of the Republic of Tajikistan.

13. For making of executive text the following documents are submitted:

- the power of attorney (letter) on implementation of executive text;

- the license for implementation of specialized activities by the organizations - pawnshops;

- the copy of the mortgage ticket or its root confirming receipt of the credit.

5. Debt collection from the employer on payment for use of the property transferred under the agreement of hire by it

14. According to Articles 647-652 of the Civil code of the Republic of Tajikistan debt collection from the employer for on payment for use of the property which is handed over to it according to the agreement of hire is performed in indisputable procedure.

15. Debt collection of the employer on payment of means for use of property of cultural and community appointment, house use, musical instruments of sports equipment and other property of private use, is performed in indisputable procedure.

16. For making of executive text the following documents are submitted:

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