Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF BELARUS

of October 24, 2016 No. 440-Z

About legal executives

(as amended on 06-01-2021)

Accepted by the House of Representatives on October 6, 2016

Approved by Council of the Republic on October 6, 2016

Chapter 1. General provisions

Article 1. Legal status of legal executives

Legal executives are persons who hold positions in bodies of forced execution of court decrees and other executive documents (further – bodies of forced execution) and are directly busy according to job responsibilities execution of court decrees and other executive documents (further – executive documents).

Other employees of bodies of forced execution, except persons performing ensuring activities and maintenance of these bodies in case of execution of executive documents have the rights, fulfill duties, bear responsibility, established by this Law, other legal acts for legal executives.

Legal executives on duty are public agents and are under protection of the state.

Legal executives are government employees, on them operation of the Law of the Republic of Belarus of June 14, 2003 No. 204-Z "On public service in the Republic of Belarus" expatiates.

Legal executives have the seal with the name of body of forced execution and specifying of personal number of the legal executive issued according to the procedure, established by the Ministry of Justice.

Legal executives on duty wear uniform, have distinction signs, including the breastplate of distinction "Sudova of vykana¸ets", the Republic of Belarus founded by the President. Regulations on the breastplate of distinction "Sudova of vykana¸ets", its description and the image, and also the description of other signs of distinction and uniform of the legal executive affirm the President of the Republic of Belarus.

Official IDs according to the procedure, established by the President of the Republic of Belarus are issued to legal executives.

Article 2. Legal basis of activities of legal executives

The legal basis of activities of legal executives is constituted by the Constitution of the Republic of Belarus, this Law, other acts of the legislation, and also the international agreements of the Republic of Belarus.

If the international treaty of the Republic of Belarus establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 3. Independence of legal executives

Intervention in activities of legal executives in case of execution of service duties by them is forbidden, except as specified, established by legal acts.

Disobedience to the legal requirement of the legal executive in case of execution of service duties by it, and also the insult, violence or threat of violence, destruction or damage of property made concerning the legal executive in case of execution of service duties by it attract responsibility according to legal acts.

Article 4. Interaction with state bodies and other organizations

Legal executives on duty interact with state bodies and other organizations, send to their address of the message (information) on the facts and circumstances which can entail making or promote making of offenses in case of rejection of measures for their prevention.

State bodies and other organizations within the competence shall render assistance to legal executives performed by the service duties assigned to them provided by this Law, other legal acts.

The state bodies and other state organizations performing state registration of property (property rights) within the competence render assistance to legal executives in identification and detection of the debtor who is subject to seizure of property, restriction (encumbrance) of the rights to such property, in implementation of state registration of creation, change, the termination of existence 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 in implementation of state registration addressed to the claimant of origin, transition or the termination of the rights, restrictions (encumbrances) of the rights to the real estate registered addressed to the debtor in the cases and procedure established by legal acts.

State bodies and other organizations, authorized to perform detention, forced towing (evacuation) of the vehicle and its placement on the supervised parking, within the competence render assistance to legal executives in taking measures to detection, detention, forced towing (evacuation) and the placement on the supervised parking of the arrested vehicle of the debtor.

Interaction with state bodies and other organizations is performed by provision to legal executives on a grant basis of access to information systems, bases, databanks of these bodies and organizations in the cases established by legal acts, exchange of information in electronic form using the program technical means and technologies allowing to confirm integrity and authenticity of the document including for the direction and receipt of the documents containing the bank and (or) protected by the law other secret based on joint resolutions, agreements.

Article 5. Procedure for appointment to positions and releases from positions of legal executives and other employees of bodies of forced execution

The chief of head department of forced execution of the Ministry of Justice (further – head department of forced execution) who is the Chief bailiff of the Republic of Belarus, and also legal executives and other employees of head department of forced execution are appointed to positions and dismissed by the Minister of Justice.

Chiefs of managements of forced execution of head departments of justice regional (The Minsk city) executive committees (further – managements of forced execution), being the chief bailiffs on areas (city of Minsk), are appointed to positions and dismissed by the Minister of Justice in coordination with regional (To the Minsk city) executive committees.

The chiefs of district (interdistrict), city, district departments of forced execution of managements of forced execution in the cities (further – departments of forced execution) who are the chief bailiffs of the relevant district (interdistrict), city, district department of forced execution in the city are appointed to positions and dismissed by chiefs of head departments of justice regional (The Minsk city) executive committees (further – head departments of justice).

Legal executives and other employees of managements of forced execution and departments of forced execution (further – territorial authorities of forced execution) are appointed to positions and dismissed by chiefs of head departments of justice.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.