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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of November 29, 2013 No. 530

About some questions of enhancement of the organization of execution of court decrees and other executive documents

(as amended on 22-02-2019)

For the purpose of increase in performance excellence of court decrees and other executive documents, enhancement of activities of judicial authorities I decide:

1. Create the single system of bodies of forced execution of court decrees and other executive documents (further – system of bodies of forced execution) created based on the relevant structural divisions of central office of the Ministry of Justice, the Supreme Economic Court and head departments of justice regional (Minsk city) executive committees, with inclusion in its list of legal executives of general courts and Service of legal executives of economic courts, other workers of offices of general and economic courts – the government employees and workers performing maintenance and providing activities for execution of executive documents, employees of head departments of justice regional (Minsk city) the executive committees providing activities for execution of executive documents.

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

the head department of forced execution of the Ministry of Justice heading 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).

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

The structure and the staff list of bodies of forced execution affirm the Minister of Justice within the general number of staff of employees of the Ministry of Justice and territorial authorities of forced execution established by the President of the Republic of Belarus.

Employees of head department of forced execution of the Ministry of Justice, territorial authorities of forced execution, except the persons performing their maintenance and providing activities are government employees.

4. Employees of head department of forced execution of the Ministry of Justice are appointed to position and dismissed by the Minister of Justice.

The chief of head department of forced execution of the Ministry of Justice is the Chief bailiff of the Republic of Belarus.

Heads of managements of forced execution are the chief bailiffs on areas Minsk), are appointed to position and dismissed by the Minister of Justice in coordination with regional (To the Minsk city) executive committees.

Employees of managements of forced execution, except for persons performing ensuring activities and maintenance of bodies of forced execution, heads of departments of forced execution are appointed to position and dismissed by chiefs of head departments of justice regional (The Minsk city) executive committees in coordination with the Ministry of Justice.

Heads of departments of forced execution are the chief bailiffs corresponding city, the district (interdistrict), district level in the city.

The employees of managements of forced execution performing ensuring activities and maintenance of bodies of forced execution, employees of departments of forced execution are appointed to position and dismissed by chiefs of head departments of justice regional (The Minsk city) executive committees.

5. Financing of system of bodies of forced execution if other is not established by legal acts, is made at the expense of means:

the republican budget - compensation of government employees, except for their awarding performed at the expense of means of forced collection;

the forced collection and other sources which are not prohibited by the legislation - other expenses.

6. 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.

7. Ministry of Justice:

together with regional (To the Minsk city) executive committees will organize forced execution of court decrees, other executive documents in the corresponding territory;

performs coordination of activities of bodies of forced execution;

adopts the regulatory legal acts relating to field of activity of bodies of forced execution within the competence;

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

8. The Ministry of Justice, head departments of justice regional (The Minsk city) executive committees perform organizational, personnel and material logistics of bodies of forced execution, control of their activities.

9. Responsibility for results of activities of bodies of forced execution is born the Ministry of Justice and corresponding regional (The Minsk city) by executive committees.

10. Execution of court decrees and other executive documents is assigned to legal executives of head department of forced execution of the Ministry of Justice and territorial authorities of forced execution.

10-1. The forced collection collected (withheld) according to the procedure the established legislation on enforcement proceeding, is enlisted into the special accounts opened for these purposes by the Ministry of Justice, head departments of justice regional (The Minsk city) of executive committees, 30 and 70 percent respectively are distributed between the Supreme Court and the Ministry of Justice in the ratio and used according to the procedure, established by Council of Ministers of the Republic of Belarus.

11. The legal executive in case of execution of court decrees and other executive documents in addition to implementation of the actions provided by legal acts has the right:

receive from physical persons, officials of state bodies and other organizations necessary information (except for primary statistical data), including to receive data from the information systems containing personal data and to have access, including remote, to the information systems containing such data by the written request or based on the agreement on provision of personal data;

address to the organization for state registration of real estate, the rights to it and transactions with it for implementation of state registration of creation of the real estate belonging to the debtor, origin, transition or the termination of the rights, restrictions (encumbrances) of the rights to it and transactions with it, and also origin, transition or the termination of the rights, restrictions (encumbrances) of the rights to the real estate registered addressed to the debtor, addressed to the claimant in the cases and procedure established by legal acts;

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