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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of December 31, 2013 No. 1190

About measures for implementation of the Presidential decree of the Republic of Belarus of November 29, 2013 No. 530

(as amended on 19-04-2019)

According to subitem 17.1 of Item 17 of the Presidential decree of the Republic of Belarus of November 29, 2013 "About some questions of enhancement of the organization of execution of court decrees and other executive documents" the Council of Ministers of the Republic of Belarus DECIDES: No. 530

1. Approve enclosed:

Regulations on bodies of forced execution of court decrees and other executive documents;

Regulations on procedure for use of forced collection.

2. Recognize invalid:

the resolution of Council of Ministers of the Republic of Belarus of January 30, 1998 No. 147 "About Service of legal executives of economic courts in the Republic of Belarus" (Collection of decrees, presidential decrees and orders of the Government of the Republic of Belarus, 1998, No. 4);

the resolution of Council of Ministers of the Republic of Belarus of April 29, 1998 No. 671 "About procedure for use of the money received by economic courts of the Republic of Belarus in case of forced execution on property penalties".

3. This resolution becomes effective since January 1, 2014.

Prime Minister of the Republic of Belarus

M. Myasnikovich

 

Approved by the Resolution of Council of Ministers of the Republic of Belarus of December 31, 2013 No. 1190

Regulations on bodies of forced execution of court decrees and other executive documents

Chapter 1. General provisions

1. This Provision determines the main objectives and functions of bodies of forced execution of court decrees and other executive documents (further - bodies of forced execution), powers of officials of these bodies.

2. Are a part of the system of bodies of forced execution:

head department of forced execution of the Ministry of Justice which heads system of bodies of forced execution;

territorial authorities of forced execution.

Territorial authorities of forced execution are:

managements of forced execution of head departments of justice regional (The Minsk city) executive committees (further - managements of forced execution);

district (interdistrict), city, district departments of forced execution of managements of forced execution in the cities (further - departments of forced execution).

Forced execution of court decrees and other executive documents (further - executive documents) is assigned to legal executives of head department of forced execution and territorial authorities of forced execution.

Heads and deputy managers, specialists of bodies of forced execution of different level and their structural divisions have all rights granted by the legislation and this Provision to the legal executive.

Total number of bodies of forced execution affirms the President of the Republic of Belarus.

3. Task of bodies of forced execution is observance and protection of interests of the state, the rights and legitimate interests of legal entities and physical persons by timely and complete execution of court decrees and other executive documents.

Bodies of forced execution according to the task assigned to them:

realize state policy in the field of the organization of forced execution of executive documents;

perform forced execution of executive documents;

determine the main directions of enhancement of the activities for forced execution of executive documents.

4. Bodies of forced execution in the activities are guided by the Constitution of the Republic of Belarus, the laws of the Republic of Belarus, decrees and presidential decrees of the Republic of Belarus, resolutions of Council of Ministers of the Republic of Belarus, this Provision and other acts of the legislation, and also orders of the Ministry of Justice.

5. Bodies of forced execution interact with state bodies and other organizations, send to the law-enforcement and controlling (supervising) bodies of representation or the message on the abuses revealed in course of execution of executive documents, offenses and other violations of the law.

6. Control of activities of bodies of forced execution is exercised by the Ministry of Justice, head departments of justice regional (The Minsk city) executive committees.

Chapter 2. Head department of forced execution of the Ministry of Justice

7. The head department of forced execution is structural division of the Ministry of Justice.

8. Head department of forced execution for the purpose of accomplishment of the tasks assigned to bodies of forced execution:

together with head departments of justice regional (The Minsk city) executive committees forced execution of executive documents in the corresponding territory will organize;

exercises coordination and control of activities of territorial authorities of forced execution;

carries out the analysis of activities of territorial authorities and develops measures for its enhancement;

gives methodical and practical help to territorial authorities of forced execution;

provides forced execution of praktikoobrazuyushchy and other enforcement proceedings;

enables the realization of acts of the legislation in the field of enforcement proceeding;

makes offers and develops projects of regulatory legal acts concerning enforcement proceeding, local legal acts, methodical and other documents on the questions entering its competence;

considers within the competence according to the procedure, established by the legislation of the Republic of Belarus, the address of citizens, including individual entrepreneurs, and legal entities;

provides implementation in practice of achievements of science and technology, positive experience, progressive forms and methods of the organization of enforcement proceeding;

provides forming and maintaining databank of enforcement proceedings;

creates the databanks containing the data necessary for accomplishment of the tasks assigned to bodies of forced execution;

determines single procedure for forming of reporting information on activities of bodies of forced execution and form of its representation;

takes measures for enhancement of preparation and advanced training of personnel of bodies of forced execution;

develops suggestions for improvement material, financial, organizational and staffing of bodies of forced execution;

performs other functions in the field of forced execution according to the legislation of the Republic of Belarus.

Chapter 3. Powers of the chief of head department of forced execution

9. The head department of forced execution is headed by the chief of head department of forced execution of the Ministry of Justice who is the Chief bailiff of the Republic of Belarus (further - the chief of head department).

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