ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of August 5, 2016 No. 2432/5

About approval of the Regulations on the automated system of enforcement proceeding

According to Articles 8, 9 Laws of Ukraine of June 2, 2016 "About enforcement proceeding" order to No. 1404-VIII:

1. Approve Regulations on the automated system of enforcement proceeding which are applied.

2. Recognize to invalid:

the order of the Ministry of Justice of Ukraine of May 20, 2003 No. 43/5 "About approval of the Regulations on the Unified state register of enforcement proceedings", registered in the Ministry of Justice of Ukraine on May 21, 2003 for No. 388/7709;

the order of the Ministry of Justice of Ukraine of April 28, 2015 No. 614/5 "About approval of the Temporary procedure for automatic distribution of executive documents between the state contractors and control of completion dates of decisions of the courts and other bodies (officials)", registered in the Ministry of Justice of Ukraine on April 29, 2015 on No. 478/26923.

3. To department concerning justice and homeland security of the Ministry of Justice of Ukraine (Oleynik A. N.) submit 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".

4. This order becomes effective along with enforcement of Articles 8, 9 Laws of Ukraine of June 2, 2016 No. 1404-VIII "About enforcement proceeding", but not earlier than day of its official publication.

5. To impose control of execution of this order on the deputy minister of justice of Ukraine concerning executive service Shklyar S. V.

Approved by the Order of the Ministry of Justice of Ukraine of August 5, 2016 No. 2432/5

Regulations on the automated system of enforcement proceeding

I. General provisions

1. This Provision developed according to requirements of the Law of Ukraine of June 2, 2016 No. 1404-VIII "About enforcement proceeding" determines the mechanism of functioning of the automated system of enforcement proceeding.

2. The terms provided in this Provision are used in the following values:

the automated system of enforcement proceeding (further - System) the information and communication system providing collection, storage, accounting, search, generalization, provision of data on enforcement proceeding, forming of the Unified register of debtors and protection against unauthorized access;

the administrator of system - the state company "National Information Systems" authorized according to the legislation on ensuring implementation of actions for creation and technological support of the software of System, the preserving and data protection containing in system, accomplishment of other functions provided by this Provision;

the responsible person of body of the public executive service - the official of body of the public executive service to who obligations are assigned:

on registration of the entering and (or) outgoing correspondence, including executive documents, in System and transfer to their state contractor;

with ledger maintenance of accounting of the deposit amounts and books of accounting of advance installments;

on accounting of decisions which accomplishment is guaranteed by the state, inventory count of debt on these decisions and their transfer to the body performing treasurer servicing of budgetary funds;

the responsible person of the private contractor - person working at conditions of the civil or employment contract with the private contractor to who obligations are assigned:

on registration of the entering and (or) outgoing correspondence, including executive documents, in System and transfers to their private contractor;

with ledger maintenance of accounting of the deposit amounts and books of accounting of advance installments;

the holder Sistemy - the Ministry of Justice of Ukraine developing the organizational, methodological principles of maintaining Sistema also provides its functioning;

electronic archive - the part of System containing information on complete enforcement proceedings which paper cases are submitted to archive;

The unified state register of enforcement proceedings - the separate special Section which is archive component of System and contains the data on the enforcement proceedings registered before introduction of system according to the order of the Ministry of Justice of Ukraine of May 20, 2003 No. 43/5 "About approval of the Regulations on the Unified state register of enforcement proceedings", the order of the Ministry of Justice of Ukraine registered in the Ministry of Justice of Ukraine on May 21, 2003 for No. 388/7709 of April 28, 2015 No. 614/5 "About approval of the Temporary procedure for automatic distribution of executive documents between the state contractors and control of completion dates of decisions of the courts and other bodies (officials)", registered in the Ministry of Justice of Ukraine on April 29, 2015 for No. 478/26923;

The unified register of debtors - the systematized database about debtors which is component of System and is kept for the purpose of promulgation in real time information on pending property obligations of debtors and prevention of alienation by debtors of property;

The register of decisions which accomplishment is guaranteed by the state, - component of system in which accounting of decisions which accomplishment is guaranteed by the state, inventory count of debt on these decisions and their transfer to body of Treasury is performed.

Other terms in this Provision are used in the values given in the Law of Ukraine "About enforcement proceeding" other regulatory legal acts adopted according to it in the Law of Ukraine "About electronic confidential services" and Regulations on the procedure for issue and acquiring of payment instruments approved by the resolution of Board of the National Bank of Ukraine of July 29, 2022 No. 164.

3. Registrars of System are:

responsible persons of body of the public executive service;

state contractors of bodies of the public executive service;

private contractors;

assistants to private contractors;

responsible persons of private contractors;

heads of bodies of the public executive service and their deputies;

4. Users of system are:

Ministry of Justice of Ukraine;

structural divisions of the territorial authorities of the Ministry of Justice of Ukraine providing implementation of powers in the field of the organization of forced execution of decisions;

the officials of the Secretariat of the Government representative for cases of the European Court of Human Rights determined by the Ministry of Justice of Ukraine to whose powers accomplishment of decisions of the European Court of Human Rights and representative office of the state in cases on failure to carry out of decisions of domestic courts belong;

parties of enforcement proceeding.

5. Access to Sistema of registrars and users (in addition to the parties of enforcement proceeding) is performed with use of identifiers of access which are provided by the administrator Sistemy based on the relevant agreements, and also with use of the qualified digital signature with use of means of the qualified digital signature which have the built-in hardware and software providing protection of the data which are written down on them against unauthorized access, against direct acquaintance with parameter value of personal keys and their copying which are compatible to the software of Sistema. Receipt of the qualified digital signature at the skilled supplier of electronic confidential services is performed independently.

Access to System of the private contractor which changed the executive district stops the Administrator no later than the next working day from the date of receipt of the adequate notice of the private contractor. Access to System of the private contractor on the new executive district is provided by the Administrator according to the address of such private contractor.

In case of suspension or the termination of activities of the private contractor access to System of this private contractor, his responsible person and the assistant stops the Administrator no later than the next working day from the date of receipt of the relevant order of the Ministry of Justice of Ukraine on condition of entering of the corresponding data into the Unified register of private contractors of Ukraine.

Access to System of clerical work, enforcement proceedings and the money of the private contractor collected on them which activities are stopped is provided by the Administrator to the private contractor who will perform substitution of the private contractor which activities are stopped, based on the relevant agreement, according to written addresses of the private contractor whose activities are stopped, and the private contractor who will perform substitution of the private contractor.

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