ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE, MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

of February 7, 2014 No. 288/5/102

About approval of the Order of interaction of bodies of the public executive service and bodies of the State Border Service of Ukraine when implementing enforcement proceeding

According to Articles 11, of 48, of 49, 50 Laws of Ukraine "About enforcement proceeding", article 6 of the Law of Ukraine "About procedure for departure from Ukraine and entry into Ukraine of citizens of Ukraine", article 13 of the Law of Ukraine "About legal status of foreigners and stateless persons", Item 1 of the Regulations on the Ministry of Justice of Ukraine approved by the Presidential decree of Ukraine of April 6, 2011 No. 395, Item 1 of the Regulations on the Ministry of Internal Affairs of Ukraine approved by the Presidential decree of Ukraine of April 6, 2011 No. 383, ORDER:

1. Approve the Order of interaction of bodies of the public executive service and bodies of the State Border Service of Ukraine when implementing enforcement proceeding which is applied.

2. To department of interaction with authorities (Anokhin A. V.) provide submission of this order on state registration according to the Presidential decree of Ukraine of October 3, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".

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

4. To impose control over the implementation of this order on the director of the department of interaction with authorities of the Ministry of Justice of Ukraine Anokhin O. V. and the head of department of interaction with the central executive bodies and bodies of the military of Regional Office of the Ministry of Internal Affairs of Ukraine of the Cherkassk R. A.

Approved by the Order of the Ministry of Justice of Ukraine, the Ministry of Internal Affairs of Ukraine of February 7, 2014, No. 288/5/102

Order of interaction of bodies of the public executive service and bodies of the State Border Service of Ukraine when implementing enforcement proceeding

I. General provisions

1. This Procedure is developed for the purpose of approval of actions in case of application to persons of measures of temporary restriction of entry into Ukraine or the rights of departure from Ukraine with use of the database of the State Border Service of Ukraine about persons to whom according to the legislation of Ukraine entry into Ukraine is not allowed or the right of departure from Ukraine is temporarily limited (further - the database).

2. This Procedure does not extend to interaction of bodies of the public executive service and bodies of the State Border Service of Ukraine when implementing enforcement proceeding if it is connected with execution of the court verdict.

3. In case of evasion of the debtor from accomplishment of the obligations assigned to it by the judgment or the decision of other body (official) (further - the decision) that according to the Law of Ukraine "About enforcement proceeding" are subject to forced execution, the state contractor has the right to take a legal action with idea of establishment of temporary restriction in the right of departure of the debtor of physical person or debtor's head - the legal entity out of limits of Ukraine before accomplishment of obligations according to the decision (further - the debtor).

4. In case of non-execution by person of the decision on imposing of penalties for offenses on which hearing of cases is within the competence of the State Border Service of Ukraine the state contractor addresses to body of protection of frontier with idea of prohibition of entry into Ukraine of persons according to the Law of Ukraine "About legal status of foreigners and stateless persons".

II. Procedure for registration of representations by the state contractors

1. Representation prepares the state contractor on the form of relevant organ of the public executive service, is approved by the chief of relevant organ of the public executive service and shall contain surely:

for establishment of temporary restriction in the right of departure of the debtor - the name of court to which representation goes;

for establishment of prohibition of entry into Ukraine of foreigners or stateless persons - the name of the body specified in item 4 of the Section I of this Procedure;

data on enforcement proceeding (the name, date, number of the executive document based on which the enforcement proceeding, body (official) which, (which) was issued by the executive document, substantive provisions of the decision, number of enforcement proceeding according to the Unified state register of enforcement proceedings, date of opening of enforcement proceeding, etc. is open);

surname, name and debtor's middle name (head of the legal entity of the debtor), birth date (number, month and year);

registration number of accounting card of the taxpayer or series and passport number of the debtor (the head of the legal entity) - the citizen of Ukraine who on the religious beliefs refused adoption of registration number of accounting card of the taxpayer and reported about it in the relevant monitoring body and has mark in the passport (in the presence of such data at the state contractor).

In case of accomplishment of summary enforcement proceeding its number according to the Unified state register of enforcement proceedings, the quantity of the enforcement proceedings included in summary enforcement proceeding, the total amount of collection taking into account the amount of executive collection and expenses on making of executive actions, etc. are specified;

reasons for evasion of the debtor from accomplishment of the obligations (obligations of the debtor - the legal entity);

substantive provisions of representation.

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