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The document ceased to be valid since  October 5, 2016 according to Item 3 of the Order of the Ministry of Justice of Ukraine of  September 29, 2016 No. 2831/5

It is registered

Ministry of Justice of Ukraine

December 23, 2015

No. 1620/28065

ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of December 22, 2015 No. 2710/5

About realization of distrained property by carrying out the electronic biddings

According to article 62 of the Law of Ukraine "About enforcement proceeding" and to the order of the Cabinet of Ministers of Ukraine of March 11, 2015 I order to No. 212-r "Some questions of realization of distrained property by carrying out the electronic biddings":

1. Approve the Procedure for realization of distrained property by carrying out the electronic biddings which is applied.

2. Authorize the state company SETAM on implementation of actions for support of the software of electronic trading system, technological support, the preserving and data protection containing in it on the organization and carrying out the electronic biddings and on accomplishment of other functions provided by the Procedure for realization of distrained property by carrying out the electronic biddings approved by this order.

3. Make to the section IV Instructions on the organization of forced execution of decisions approved by the order of the Ministry of Justice of Ukraine of April 02, 2012 No. 512/5, of Ukraine registered in the Ministry of Justice on April 2, 2012 at No. 489/20802 (with changes), the following changes:

to add subitem 4.3.6 of Item 4.3 after words of "such property" with words ", except decisions on confiscation of property";

in Item 4.5:

subitems 4.5. 4.5.2 to exclude 1,.

With respect thereto subitems 4.5.3 - 4.5.14 to consider respectively subitems 4.5.1 - 4.5.12;

the paragraph one of subitem 4.5.1 to exclude;

in paragraph one of subitem 4.5.4 of the word "and organizations of tender" to exclude;

in subitem 4.5.8 of the word "the specialized organization enabling the realization of property" shall be replaced with words "the organizer of the public biddings (auction)".

4. Bring in the Regulations on the Unified state register of enforcement proceedings approved by the order of the Ministry of Justice of Ukraine of May 20, 2003 No. 43/5, registered in the Ministry of Justice of Ukraine on May 21, 2003 at No. 388/7709 (with changes), the following changes:

to exclude Item 3.5 of Chapter 3.

With respect thereto to consider Item 3.6 Item 3.5;

exclude Chapter 4;

to exclude Item 5.1 of Chapter 5.

With respect thereto Items 5. 5.3 to consider 2, respectively by Items 5. 1, 5.2.

5. Recognize invalid:

the order of the Ministry of Justice of Ukraine of December 15, 1999 No. 74/5 "About approval of the Instruction about carrying out executive actions", No. 865/4158 registered in the Ministry of Justice of Ukraine on December 15, 1999 (with changes);

the order of the Ministry of Justice of Ukraine of July 15, 1999 No. 42/5 "About approval of the Procedure for realization of distrained property", No. 480/3773 registered in the Ministry of Justice of Ukraine on July 19, 1999 (with changes);

the order of the Ministry of Justice of Ukraine of October 27, 1999 No. 68/5 "About approval of Provisional regulations for procedure for carrying out the public biddings on realization of the arrested real estate", registered in the Ministry of Justice of Ukraine on November 2, 1999 at No. 745/4038 (with changes);

the order of the Ministry of Justice of Ukraine of November 11, 2003 No. 136/5 "About approval of the Regulations on conditions and procedure for tendering process (tenders) by determination of the specialized organizations for realization of the property arrested by the state contractors", registered in the Ministry of Justice of Ukraine on November 11, 2003 for No. 1036/8357;

the order of the Ministry of Justice of Ukraine of April 16, 2014 No. 656/5 "About carrying out experiment on implementation of procedure for realization of distrained property by carrying out the electronic biddings", registered in the Ministry of Justice of Ukraine on April 16, 2014 for No. 427/25204 (with changes).

6. To department of the public executive service (Terletskaya A. A.) 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".

7. This order becomes effective from the date of its official publication, except Items 1, 3 - 5, which become effective since January 18, 2016.

8. Before entry into force of Items 1, of the 5th this order the distrained property is transferred to realization to the state company SETAM according to the Temporary procedure for realization of distrained property by carrying out the electronic biddings approved by the order of the Ministry of Justice of Ukraine of April 16, 2014 No. 656/5, registered in the Ministry of Justice of Ukraine on April 16, 2014 for No. 427/25204 (with changes).

9. To impose control over the implementation of this order on the deputy minister concerning executive service Shklyar S. V.

Minister

P. Petrenko

Approved by the Order of the Ministry of Justice of Ukraine of December 22, 2015, No. 2710/5

Procedure for realization of distrained property by carrying out the electronic biddings

I. General provisions

1. In this Procedure terms are used in the following values:

distrained property (further - property) - personal or real estate of the debtor (except the parcels of land and the property withdrawn from circulation according to the law or restrictedly transferable and the property specified in part eight of article 57 of the Law of Ukraine "About enforcement proceeding") on which collection is turned and which is subject to forced realization;

the website of the electronic biddings (further - the Website) - electronic resource which is component of electronic trading system, on which organizational and methodical materials, information messages about the electronic biddings and results of their carrying out are placed, registration of participants, filing of applications for participation in the electronic biddings are performed, access for observers of the electronic biddings is provided and the electronic auction is held.

The website functions in the round-the-clock mode and is available to all Internet users.

Information is posted on the website on state language, except as specified, when use of letters and symbols in Ukrainian leads to misstatement of the placed information (in particular when writing addresses of the websites on the Internet, the specified registration numbers, etc.).

By means of electronic trading system via the Website several electronic auction at the same time can be held;

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