LAW OF THE REPUBLIC OF BELARUS

of October 24, 2016 No. 439-Z

About enforcement proceeding

List of amending documents

Accepted by the House of Representatives on October 6, 2016

Approved by Council of the Republic on October 6, 2016

Chapter 1. Basic provisions

Article 1. The main terms used in this Law and their determinations

For the purposes of this Law the following main terms and their determinations are used:

the claimant – the citizen of the Republic of Belarus, the foreign citizen, the stateless person (further – the citizen), including the individual entrepreneur, the legal entity of the Republic of Belarus, the foreign legal entity (further – the legal entity), the organization, not being the legal entity, the Republic of Belarus, administrative and territorial unit of the Republic of Belarus (further – administrative and territorial unit), in advantage or for the benefit of which the executive document is issued;

voluntary execution of the executive document – enforcement proceeding stage during which the debtor performs the requirements containing in the executive document, in time for voluntary execution of the executive document, submitted to the debtor according to this Law;

the debtor – the citizen, including the individual entrepreneur, the legal entity, the organization, not being the legal entity, the Republic of Belarus, administrative and territorial unit obliged to make certain actions according to the executive document (to transfer money and (or) other property, to perform other requirements containing in the executive document) or to refrain from making of certain actions;

income – any money received by the debtor and (or) which are due to him from other persons;

legal representatives are parents, adoptive parents (adopters), guardians, custodians or other persons who by legal acts are granted the right to perform protection of the rights and legitimate interests of the minors which do not have capacity to act in full, and the citizens recognized in accordance with the established procedure as incapacitated or it is limited capable, and also the organizations on which care they are;

enforcement proceeding – application in case of execution of the executive document by legal executives and other employees of bodies of forced execution of court decrees and other executive documents (further if other is not established, – body of forced execution), except persons performing ensuring activities and maintenance of these bodies (further if other is not established, – the legal executive), on the bases and according to the procedure, the established this Law and other acts of the legislation, the measures directed to recovery violated the rights and legitimate interests of the claimant, observance and protection of interests of the state;

the resolution – the decision made by the legal executive or the head of body of forced execution within their competence concerning enforcement proceeding;

forced execution of the executive document – enforcement proceeding stage which comes in case of non-execution by the debtor of the executive document for voluntary execution of the executive document in time, provided by the legal executive to the debtor according to this Law, or in time, established by the court decree, other executive document or the act of the legislation;

forced collection – money, in addition levied (withheld) from the debtor at stage of forced execution of the executive document;

the prosecutor – acting within the competence Attorney-General, prosecutors of areas, the city of Minsk, their deputies, and also prosecutors of areas, areas in the cities, the cities, the interdistrict and equated to them transport prosecutors, their deputies, chiefs of structural divisions of the Prosecutor General's Office, their deputies;

expenses on execution of the executive document – the money spent for the organization and making of executive actions at stage of forced execution of the executive document;

the head of body of forced execution – the Chief bailiff of the Republic of Belarus, the chief bailiff on area (city of Minsk), the chief bailiff of district (interdistrict), city, district department of forced execution in the city;

the third party – person who has money and (or) other property belonging and (or) which are due to the debtor;

the participant who won the biddings (the electronic biddings) – the bidder (the electronic biddings) who offered top price for the distrained property of the debtor realized from the biddings (the electronic biddings);

the bidder (the electronic biddings) – the citizen, including the individual entrepreneur, the legal entity, the organization, not being the legal entity, allowed to participation in the biddings (the electronic biddings);

the keeper of property – person to whom the legal executive gave to storage the described or distrained property of the debtor and who shall ensure safety of this property.

Article 2. Scope of this Law

This Law determines conditions and procedure for maintaining enforcement proceeding on the executive document according to which the debtor shall make certain actions (to transfer money and (or) other property, to perform other requirements containing in the executive document) or to refrain from making of certain actions.

If legal acts establish features of execution of executive documents, then provisions of this Law are applied taking into account the withdrawals established by legal acts.

Article 3. Legal regulation of the relations in the field of enforcement proceeding

Legal regulation of the relations in the field of enforcement proceeding is based on the Constitution of the Republic of Belarus and is performed according to the legislation on enforcement proceeding, the international treaties of the Republic of Belarus, other international legal acts containing obligations of the Republic of Belarus.

The legislation on enforcement proceeding consists of this Law and other acts of the legislation.

If the international treaty of the Republic of Belarus establishes other rules, than those which are stipulated by the legislation about enforcement proceeding then are applied rules of the international treaty.

Article 4. Enforcement proceeding tasks

Tasks of enforcement proceeding are recovery of the violated the rights and legitimate interests of citizens, including the individual entrepreneurs, legal entities, the organizations who are not legal entities, observance and protection of interests of the state by means of the correct, complete and timely execution of executive documents.

Article 5. Basic principles of enforcement proceeding

The enforcement proceeding is performed on the principles:

legality;

procedural economy;

equality and conscientiousness of the parties of enforcement proceeding;

respect of honor and advantage of the citizen;

attributability of amount of requirements of the claimant and executive actions;

impartiality.

Article 6. Bodies of forced execution. Legal executives and other employees of bodies of forced execution

Execution of executive documents is assigned to head department of forced execution of the Ministry of Justice and 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 if other is not established, – departments of forced execution).

Direct implementation of functions on execution of executive documents is assigned to legal executives of head department of forced execution of the Ministry of Justice and legal executives of territorial authorities of forced execution.

In the cases provided by acts of the legislation, functions on direct execution of executive documents can be assigned to other employees of relevant organs of forced execution, except persons performing ensuring activities and maintenance of these bodies. Other employees of bodies of forced execution, except persons performing ensuring activities and maintenance of these bodies in case of direct execution of executive documents act as legal executives, provisions of this Law and other acts of the legislation on enforcement proceeding extend to them.

Persons performing ensuring activities and maintenance of bodies of forced execution render assistance to legal executives in forced execution of executive documents, including by means of use of information technologies.

Article 7. Obligation of legal requirements of the legal executive

Legal requirements of the legal executive in case of execution of executive documents are obligatory for all citizens, including individual entrepreneurs, legal entities (including state bodies, local government bodies), the organizations, not being legal entities, their officials and are subject to strict execution in all territory of the Republic of Belarus.

Article 8. Information systems and resources of bodies of forced execution

The automated information system of bodies of forced execution - the information system intended for implementation electronically of accounting of enforcement proceedings, automation of process of pronouncement by legal executives of resolutions, instructions, other documents, registration of making of executive actions.

The procedure for functioning of the automated information system of bodies of forced execution is established by Council of Ministers of the Republic of Belarus.

Databank of enforcement proceedings - the information resource intended for centralized accumulating and provision of data on enforcement proceedings, and also for accounting, control and use of these data for the purpose of realization of tasks of enforcement proceeding.

The procedure for forming and maintaining databank of enforcement proceedings, including provisions of data on enforcement proceedings, introduction in it of changes and (or) amendments, is established by legal acts.

The register of debts on executive documents - the information resource containing reference information about enforcement proceedings.

The procedure for forming and maintaining the register of debts on executive documents is established by Council of Ministers of the Republic of Belarus.

Article 9. Reclamation of materials of enforcement proceeding

From the date of pronouncement of the resolution on excitement of enforcement proceeding and before pronouncement of the resolution on its termination materials of enforcement proceeding need of their studying by court, other state body cannot be requested at the legal executive, except as specified by consideration of questions in civil, criminal, administrative trial, and also the head of body of forced execution by consideration of addresses and claims (protests) to resolutions, actions (failure to act) of the legal executive, the prosecutor by consideration of addresses of citizens, including individual entrepreneurs, and legal entities for the solution of question of taking measures of public prosecutor's reaction.

Article 10. Executive documents

The executive documents which are subject to execution according to the procedure, established by this Law, are:

the writs of execution and writs issued by courts;

determinations of court about the writ;

determinations of court about providing the claim or for ensuring execution of the decision which is not turned to immediate execution;

court orders, the body conducting administrative process regarding property penalties on cases on administrative offenses;

resolutions of the legal executive in the cases established by this Law;

executive documents of foreign vessels in the cases provided by international treaties of the Republic of Belarus;

executive texts of notaries, diplomatic agents of diplomatic representations of the Republic of Belarus and consular officials of consular establishments of the Republic of Belarus about collection of sums of money (debt);

resolutions of prosecutors on eviction administratively, about collection of procedural costs;

certificates of the commissions on employment disputes;

decisions of tax authorities on tax collection, charges (duties), and also other obligatory payments in republican and local budgets, control of correctness of calculation by which timeliness and completeness of payment it is assigned to tax authorities;

other acts if owing to legal acts, international treaties of the Republic of Belarus, other international legal acts containing obligations of the Republic of Belarus they are executive documents and are subject to execution according to the procedure, established by this Law.

In case of loss of the executive document the duplicate of this executive document issued in accordance with the established procedure by the court, other authorized body (person) which issued the relevant executive document is subject to execution.

The executive document can be issued in writing or in the form of the electronic document.

Article 11. Requirements imposed to contents of executive documents

In the executive documents specified in part one of article 10 of this Law, except for resolutions of the legal executive shall be specified:

the name and the address of court, other authorized body (surname and initials of the authorized person), issued the executive document;

the name and file number or materials based on which the executive document is issued;

acceptance date of the court decree, decision of other authorized body (authorized person);

date of the introduction in legal force of the court decree based on which the executive document, or the court decree which is the executive document, decisions of other authorized body (authorized person) or specifying on their immediate execution is issued;

information about the debtor and claimant:

concerning the citizen – surname, own name, middle name (if that is available), identification number, and in the absence of identification number data of the identity document (series (in case of its availability), number, date of issue, the name of the body which issued the document), its residence (the place of stay), date and the place of its birth (in the presence of data on the birthplace), and concerning the individual entrepreneur, except specified – also accounting number of the payer. Concerning the debtor – the citizen, including the individual entrepreneur, the place of employment also shall be specified (if it is known);

concerning the legal entity, the organization, not being the legal entity, – their name and the location, accounting number of the payer or other similar number assigned in foreign state;

concerning the Republic of Belarus, administrative and territorial unit – the name, the location and accounting number of the payer of the body acting according to part two of article 17 of this Law from their name as the party of enforcement proceeding;

substantive provisions of the court decree based on which the executive document, or the court decree which is the executive document, decisions of other authorized body (authorized person) is issued;

data on measures for providing the claim if those were accepted and are not cancelled at the time of issue of the executive document;

date of issue of the executive document.

If before issue of the executive document delay or extension of the deadline for executing the court decree based on which the executive document, or the court decree which is the executive document, decisions of other authorized body (authorized person) is issued are granted, then in the executive document it is specified with what time the current of completion date of the requirements containing in this executive document begins.

In executive documents also other data necessary for their execution can be specified.

Article 12. Resolutions of the legal executive, resolution of the head of body of forced execution. Correction of slips and arithmetic mistakes

In the resolution of the legal executive which is not the executive document, the resolution of the head of body of forced execution shall be specified:

date and place of pronouncement of the resolution;

the name of body of forced execution, its address, surname and initials of the legal executive who issued the decree;

number of enforcement proceeding according to which the decree is issued;

surname, own name, middle name (if that is available) or the name of the claimant and debtor;

the requirements containing in the executive document;

the data which formed the basis for pronouncement of the resolution;

motives of the made decision with reference to acts of the legislation;

the decision made on case in point;

procedure and term of appeal (protest) of the resolution.

In the resolution of the legal executive which is the executive document except the data specified in part one of this Article the information about the debtor provided by paragraphs the seventh or ninth parts one of article 11 of this Law also shall be specified.

Resolutions of the legal executive, the resolution of the head of body of forced execution are signed by the legal executive, the head of body of forced execution who issued the relevant decree.

The resolutions of the legal executive which are executive documents are certified by seal with the image of the State Emblem of the Republic of Belarus, other resolutions of the legal executive and the resolution of the head of body of forced execution are certified by seal with the name of body of forced execution.

If other is not provided by this Law, resolutions of the legal executive, the resolution of the head of body of forced execution no later than the day following behind day of their removal go to the parties of enforcement proceeding, if necessary – to other persons.

In the cases provided by the legal acts, international treaties of the Republic of Belarus, other international legal acts containing obligations of the Republic of Belarus, the copy of resolutions of the legal executive, resolutions of the head of body of forced execution go to bodies (persons) which issued the executive document.

The legal executive, the head of body of forced execution has the right on own initiative or according to the statement of the participant of enforcement proceeding to correct allowed in the decrees issued by them, the drawn-up statements of slip or arithmetic mistakes by pronouncement of the resolution on introduction of amendments to earlier issued decrees, the drawn-up statements by them.

Slips or arithmetic mistakes made in the resolution of the legal executive on the address of collection on the money and other property of the debtor which are on bank accounts in deposits (deposits) or in escrow with the bank and (or) the non-bank credit and financial organization improve by pronouncement of the new resolution with simultaneous withdrawal of earlier issued decree.

The decree of the legal executive can be issued in the form of the electronic document signed by the digital signature and is sent to the parties of enforcement proceeding according to the procedure, established by the legislation.

Article 13. Explanation of the court decree, other executive document, not connected with money recovery, method and procedure for their execution

In case of ambiguity of the court decree based on which the executive document is issued or the court decree which is the executive document or other executive document, not connected with money recovery, method and procedure for their execution the party of enforcement proceeding or the legal executive has the right to take a legal action, issued the court decree, or in other authorized body (to the authorized person) which issued other executive document according to the statement or idea of explanation of these of the court decree or other executive document, method and procedure for their execution.

The statement or idea of explanation of the court decree or other executive document, specified in part one of this Article, method and procedure for their execution are considered by court, other authorized body (authorized person) according to the procedure, established by legal acts.

Article 14. Statements, petitions of participants of enforcement proceeding

Participants of enforcement proceeding of the enforcement proceeding having the right to submit at any stage the application, the petition on the questions connected with execution of the executive document.

The statement, the petition move in writing or in the form of the electronic document.

In the statement, the petition are specified by the applicant:

the name of body of forced execution to which are submitted the application, the petition;

information about the applicant:

surname, own name, middle name (if that is available), the residence (the place of stay) – for the citizen, including the individual entrepreneur;

the name and the location – for the legal entity, the organization, not being the legal entity;

data on enforcement proceeding according to which are submitted the application, the petition;

circumstances on which are based the statement, the petition;

the essence of the question which is subject to consideration including specifying on measure for ensuring execution of the executive document, for acceptance (replacement, suspension, cancellation) of which petitions the applicant, reasons for the reasons of such petition;

the list of the enclosed documents.

In the statement, the petition by the applicant phone numbers, the fax, the e-mail address and other data can be specified.

The statement, petition submitted in writing shall contain:

the personal signature – for the citizen, including the individual entrepreneur submitting the application, the petition;

surname, own name, middle name (if that is available) the head of the legal entity, the organization who is not the legal entity or person, the representative in accordance with the established procedure to sign the application, the petition, and their personal signature – for the statements, petitions submitted for the benefit of the legal entity, the organization not being the legal entity.

The statement, petition attached to them the documents filed in the form of the electronic document shall be signed by the digital signature. Such statement, the petition shall contain the e-mail address of the citizen, including individual entrepreneur, legal entity, the organization, not being the legal entity.

The power of attorney or other document confirming its powers, except as specified, provided by this Law are attached to the statement, the petition submitted by the applicant's representative.

The statement, the petition on behalf of state body can move by means of interaction of information system of this state body and the automated information system of the bodies of forced execution by the head of state body (his deputy) without application of documents specified in part seven of this Article.

Article 15. Consideration of the applications, petitions of participants of enforcement proceeding

Statements, petitions of participants of enforcement proceeding are considered by the legal executive, the head of body of forced execution according to their powers according to the procedure, established by this Law.

If the legal executive, the head of body of forced execution in which arrived the statement, the petition are not competent them to consider, such statement, the petition go to three-day time for consideration to the authorized person of body of forced execution what the applicant is notified on.

Statements, petitions of participants of enforcement proceeding are considered in ten-day time from the date of their receipt, and in case of need receipts of the documents and (or) data important for their consideration, – in fifteen-day time from the date of their receipt if other is not provided by this Law. Results of consideration of the applications, petitions are told applicants according to the procedure, established by the legislation.

In the cases provided by this Law by results of consideration of the application, the petition the legal executive, the head of body of forced execution issue decrees on allowance of the application, petitions fully or partially or about refusal in allowance of the application, petitions which go to the applicant.

If the statement, the petition of the participant of enforcement proceeding do not conform to requirements of article 14 of this Law and (or) are not connected with execution of requirements of the executive document, the legal executive, the head of body of forced execution leave them without consideration. About leaving of the statement, petition without consideration the legal executive, the head of body of forced execution no later than five days from the date of receipt such statements, petitions issue decrees in which the reasons of their leaving without consideration are specified. At the same time to the applicant originals enclosed to the application, the petition of documents return.

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