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LAW OF THE REPUBLIC OF BELARUS

of October 24, 2016 No. 439-Z

About enforcement proceeding

(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. 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 by the legal executive 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 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, 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;

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. Legislation on enforcement proceeding

The legislation on enforcement proceeding is based on the Constitution of the Republic of Belarus and consists of this Law, other acts of the legislation, and also international treaties of the Republic of Belarus.

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 measures of forced execution;

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 of the Republic of Belarus 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 of the Republic of Belarus and legal executives of territorial authorities of forced execution (further - legal executives).

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 (further - other employees of bodies of forced execution). In case of execution of executive documents provisions of this Law and other acts of the legislation on enforcement proceeding extend to other employees of bodies of forced execution.

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. Databank of enforcement proceedings

Databank of enforcement proceedings - the data set intended for centralized accumulating 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, introduction in it of changes and (or) amendments is established by legal acts.

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 criminal, administrative, civil and economic processes.

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;

certificates of the commissions on employment disputes;

other acts if owing to legal acts 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.

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

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

concerning the Republic of Belarus, administrative and territorial unit - the name and the location 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;

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 the resolution of the legal executive which is the executive document 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, their residence (the place of stay) or the location;

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.

The resolution of the legal executive which is the executive document is certified by seal with the image of the State Emblem of the Republic of Belarus.

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

Article 12. The resolutions of the legal executive which are not executive documents, resolutions of the head of body of forced execution. Correction of slips and arithmetic mistakes

The resolutions of the legal executive which are not executive documents, resolutions of the head of body of forced execution shall conform to the requirements provided by part three of article 11 of this Law.

The resolutions of the legal executive which are not executive documents, resolutions 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 and certified by seal with the name of body of forced execution and specifying of personal number of the legal executive.

If other is not provided by this Law, resolutions of the legal executive, 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.

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 the allowed in the decrees of slip issued by them or arithmetic mistakes.

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 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 and withdrawal of earlier issued decree.

Slips and arithmetic mistakes made in other resolutions of the legal executive, in resolutions of the head of body of forced execution improve by pronouncement of the resolution on introduction of amendments to earlier issued decree by them.

Article 13. Explanation of the executive document which is not connected with money recovery, method and procedure for its execution

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

The statement or idea of explanation of the executive document which is not connected with money recovery of method and procedure for its 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 form of an 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 certified by seal of the legal entity, the organization, not being the legal entity - for the statements, petitions submitted for the benefit of the legal entity, the organization not being the legal entity.

The statement, petition submitted in electronic form shall contain the e-mail address of the citizen, including individual entrepreneur, legal entity, the organization, not being the legal entity and to be signed by the digital signature.

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

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.

If other is not provided by this Law, statements, petitions of participants of enforcement proceeding are considered in ten-day time from the date of their receipt. Results of consideration of the applications, petitions are told the applicant.

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.

Chapter 2. Participants of enforcement proceeding. Legal succession in enforcement proceeding

Article 16. Participants of enforcement proceeding

Participants of enforcement proceeding are:

parties of enforcement proceeding;

persons to whom the obligation on making of the certain actions connected with execution of the executive document or abstention from making of certain actions is assigned (banks and (or) the non-bank credit and financial organizations, the organizations for state registration of real estate, the rights to it and transactions with it, the third parties, owners of property (founders, participants) of the debtor - the legal entity and others);

persons promoting execution of the executive document (the translator, witnesses, the specialist, the keeper of property and others).

Article 17. Parties of enforcement proceeding

The parties of enforcement proceeding are the claimant and the debtor.

On behalf of the Republic of Belarus and administrative and territorial units state bodies and local executive and administrative organs act as the party of enforcement proceeding respectively. At the same time act as claimants on such enforcement proceedings:

the bodies which are conducting administrative process, issued decrees on imposing of administrative punishment, except for vessels - according to executive documents regarding property penalties on cases on administrative offenses;

tax and customs authorities - according to executive documents on tax collection, charges (duties) according to competence, 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 and customs authorities;

The Ministry of Finance of the Republic of Belarus, its territorial authorities, local financial bodies, financial bodies of administrations of areas - according to other executive documents on collection of the amounts of the income of the state.

Article 18. Rights and obligations of the Parties of enforcement proceeding

The parties of enforcement proceeding have the right:

get acquainted with enforcement proceeding materials, except for the documents containing information, distribution and (or) provision of which is limited, to do statements of the documents containing in enforcement proceeding materials, to make at own expense their copies;

represent additional materials, submit applications, petitions;

participate in making of executive actions, offer explanations in oral and (or) written forms in the course of making of executive actions;

give the arguments on all questions arising in the course of execution of the executive document, object to petitions and arguments of other participants of enforcement proceeding;

declare branches;

use translation service in case of acquaintance with enforcement proceeding materials, participation in making of executive actions;

before the termination of enforcement proceeding to sign the voluntary settlement approved by court according to the procedure, established by the procedural legislation;

appeal resolutions, actions (failure to act) of the legal executive;

have other rights provided by this Law and other acts of the legislation.

The parties of enforcement proceeding shall:

provide to the legal executive information on execution of the executive document fully or partially no later than the day following behind day of its execution;

represent to the legal executive of the data on change of the residence (the place of stay) or the locations no later than three days from the date of change;

furnish the explanations, documents and materials requested by the legal executive in accordance with the established procedure;

be on challenge of the legal executive;

make other actions provided by this Law and other acts of the legislation.

Article 19. Legal succession in enforcement proceeding

In case of disposal of one of the parties of enforcement proceeding (the death of the citizen, including the individual entrepreneur, reorganization of the legal entity, concession of the right (requirement), transfer of debt and in other cases of change of persons in obligations) the legal executive according to the statement of the party of enforcement proceeding or on own initiative makes replacement of the disposed party of enforcement proceeding with her legal successor.

The legal succession is possible at any stage of enforcement proceeding.

Replacement of the party of enforcement proceeding with her legal successor is made based on the documents of title confirming transition of the rights and obligations of the Party of enforcement proceeding to the legal successor if such legal succession is allowed by the legislation, with transfer to the legal successor of the rights and obligations established by the legislation.

For the legal successor all executive actions made to its introduction in enforcement proceeding are obligatory in that measure in what they were obligatory for the party of enforcement proceeding which the legal successor replaced.

About replacement of the party of enforcement proceeding with her legal successor or about refusal in such replacement the legal executive issues the decree which is integral part of the executive document.

Article 20. Participation in enforcement proceeding of agents of the parties of enforcement proceeding

Citizens, including individual entrepreneurs, participate in enforcement proceeding personally or through the representatives. Personal participation of citizens, including individual entrepreneurs, in enforcement proceeding does not deprive of them the right to have representatives.

Lawyers, legal representatives, close relatives (parents, adoptive parents (adopters), children including adopted (adopted) brothers and sisters, the grandfather, the grandma, grandsons), the spouse (spouse), other persons in the cases provided by legal acts can be representatives of citizens, including individual entrepreneurs. If according to the executive document on the debtor - the citizen, including the individual entrepreneur, obligations which it shall perform only personally are assigned, then such debtor has no right to act through representatives.

The legal entities, the organizations who are not legal entities participate in enforcement proceeding through the bodies or the representatives in limits of the rights granted to them by acts of the legislation or constituent documents.

Represent the interests of the legal entities, the organizations who are not legal entities, the having the right heads or workers of these legal entities, the organizations who are not legal entities, lawyers, other persons in the cases provided by legal acts.

Article 21. Persons who cannot be agents of the parties of enforcement proceeding

Cannot be agents of the parties of enforcement proceeding:

the minors which do not have capacity to act in full;

the citizens recognized in accordance with the established procedure as incapacitated or it is limited by capable;

judges, investigators, prosecutors, employees of bodies of forced execution and courts, except as specified, when specified persons participate in enforcement proceeding as representatives of relevant organs or legal representatives of the parties of enforcement proceeding.

Article 22. Participation in enforcement proceeding of legal representatives

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, in enforcement proceeding their legal representatives represent.

Legal representatives make on behalf of represented actions, the right to which making belongs represented, with the restrictions set by legal acts.

The legal representative can charge participation in enforcement proceeding to other person chosen by it as the representative.

Powers of the legal representative of the minor who does not have capacity to act in full stop if this minor acquired capacity to act in full in the course of enforcement proceeding.

Article 23. Confirmation of powers of representatives

Representatives are allowed to participation in enforcement proceeding only in the presence of the documents confirming appropriate authority.

Legal representatives support the powers by the documents certifying their right to represent the interests of represented.

The head of the legal entity supports the powers by the document certifying his official position and granting to it the right to represent the interests of the legal entity without power of attorney.

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