of April 7, 2017 No. 67
About approval of the Instruction on enforcement proceeding
Based on paragraph one of subitem 6.35 of Item 6 and part one of Item 11 of the Regulations on the Ministry of Justice of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 31, 2001 No. 1605, of part 2 of article 3.29 of the Procedural and executive code of the Republic of Belarus about administrative offenses the Ministry of Justice of the Republic of Belarus DECIDES:
1. Approve the Instruction on enforcement proceeding it (is applied).
2. Recognize invalid resolutions of the Ministry of Justice of the Republic of Belarus according to appendix.
3. This resolution becomes effective since May 16, 2017.
Minister
O. L. Slizhevsky
Appendix
to the Resolution of the Ministry of Justice of the Republic of Belarus of April 7, 2017 No. 67
1. The resolution of the Ministry of Justice of the Republic of Belarus of December 20, 2004 No. 40 "About approval of the Instruction on enforcement proceeding" (The national register of legal acts of the Republic of Belarus, 2005, No. 2, 8/11871).
2. The resolution of the Ministry of Justice of the Republic of Belarus of August 16, 2005 No. 45 "About modification and amendments in the Instruction on enforcement proceeding" (The national register of legal acts of the Republic of Belarus, 2005, No. 129, 8/13045).
3. The resolution of the Ministry of Justice of the Republic of Belarus of January 30, 2006 No. 2 "About entering of amendment into the Instruction on enforcement proceeding" (The national register of legal acts of the Republic of Belarus, 2006, No. 36, 8/13939).
4. The resolution of the Ministry of Justice of the Republic of Belarus of March 13, 2006 No. 11 "About modification of the Instruction on enforcement proceeding" (The national register of legal acts of the Republic of Belarus, 2006, No. 54, 8/14132).
5. The resolution of the Ministry of Justice of the Republic of Belarus of August 15, 2006 No. 42 "About entering of amendments into the Instruction on enforcement proceeding" (The national register of legal acts of the Republic of Belarus, 2006, No. 133, 8/14867).
6. The resolution of the Ministry of Justice of the Republic of Belarus of November 29, 2006 No. 74 "About modification of the Instruction on enforcement proceeding" (The national register of legal acts of the Republic of Belarus, 2006, No. 202, 8/15428).
7. The resolution of the Ministry of Justice of the Republic of Belarus of December 15, 2006 No. 83 "About approval of the Instruction about order of interaction of legal executives of district (city) courts and legal executives regional, Minsk city courts and entering of amendments into the Instruction on enforcement proceeding approved by the resolution of the Ministry of Justice of the Republic of Belarus of December 20, 2004 No. 40" (The national register of legal acts of the Republic of Belarus, 2007, No. 6, 8/15528).
8. The resolution of the Ministry of Justice of the Republic of Belarus of December 15, 2006 No. 84 "About entering of amendments and changes into the Instruction on enforcement proceeding" (The national register of legal acts of the Republic of Belarus, 2007, No. 1, 8/15533).
9. The resolution of the Ministry of Justice of the Republic of Belarus of February 28, 2007 No. 11 "About modification and amendments in the Instruction on enforcement proceeding" (The national register of legal acts of the Republic of Belarus, 2007, No. 57, 8/16005).
10. The resolution of the Ministry of Justice of the Republic of Belarus of July 26, 2007 No. 49 "About entering of amendments into the Instruction on enforcement proceeding" (The national register of legal acts of the Republic of Belarus, 2007, No. 188, 8/16894).
11. The resolution of the Ministry of Justice of the Republic of Belarus of February 11, 2008 No. 8 "About entering of amendments into the Instruction on enforcement proceeding" (The national register of legal acts of the Republic of Belarus, 2008, No. 41, 8/18175).
12. The resolution of the Ministry of Justice of the Republic of Belarus of May 21, 2008 No. 28 "About modification of the Instruction on enforcement proceeding" (The national register of legal acts of the Republic of Belarus, 2008, No. 133, 8/18863).
13. The resolution of the Ministry of Justice of the Republic of Belarus of July 28, 2008 No. 44 "About modification and amendments in the Instruction on enforcement proceeding" (The national register of legal acts of the Republic of Belarus, 2008, No. 197, 8/19241).
14. The resolution of the Ministry of Justice of the Republic of Belarus of March 27, 2009 No. 30 "About modification and amendments in the resolution of the Ministry of Justice of the Republic of Belarus of December 20, 2004 No. 40" (The national register of legal acts of the Republic of Belarus, 2009, No. 132, 8/20890).
15. The resolution of the Ministry of Justice of the Republic of Belarus of July 24, 2009 No. 57 "About modification and amendments in the Instruction on enforcement proceeding" (The national register of legal acts of the Republic of Belarus, 2009, No. 184, 8/21257).
16. The resolution of the Ministry of Justice of the Republic of Belarus of December 30, 2009 No. 82 "About entering of amendments and changes into the Instruction on enforcement proceeding" (The national register of legal acts of the Republic of Belarus, 2010, No. 19, 8/21798).
17. The resolution of the Ministry of Justice of the Republic of Belarus of March 15, 2010 No. 19 "About modification and amendments in the resolution of the Ministry of Justice of the Republic of Belarus of December 20, 2004 No. 40" (The national register of legal acts of the Republic of Belarus, 2010, No. 110, 8/22142).
18. The resolution of the Ministry of Justice of the Republic of Belarus of November 18, 2010 No. 95 "About modification and amendments in the Instruction on enforcement proceeding" (The national register of legal acts of the Republic of Belarus, 2010, No. 287, 8/22970).
19. The resolution of the Ministry of Justice of the Republic of Belarus of February 2, 2011 No. 18 "About modification and amendments in the Instruction on enforcement proceeding" (The national register of legal acts of the Republic of Belarus, 2011, No. 22, 8/23332).
20. The resolution of the Ministry of Justice of the Republic of Belarus of October 3, 2011 No. 219 "About modification and amendments in the resolution of the Ministry of Justice of the Republic of Belarus of December 20, 2004 No. 40" (The national register of legal acts of the Republic of Belarus, 2011, No. 119, 8/24236).
21. The resolution of the Ministry of Justice of the Republic of Belarus of February 16, 2012 No. 47 "About entering of amendments and changes into the Instruction on enforcement proceeding" (The national register of legal acts of the Republic of Belarus, 2012, No. 26, 8/24948).
22. The resolution of the Ministry of Justice of the Republic of Belarus of May 29, 2012 No. 153 "About modification of the Instruction on enforcement proceeding" (The national register of legal acts of the Republic of Belarus, 2012, No. 66, 8/25934).
23. The resolution of the Ministry of Justice of the Republic of Belarus of December 29, 2012 No. 308 "About modification and amendments in the Instruction on enforcement proceeding" (The national legal Internet portal of the Republic of Belarus, 16.01. 2013, 8/26753).
24. The resolution of the Ministry of Justice of the Republic of Belarus of May 28, 2013 No. 83 "About modification and amendments in the Instruction on enforcement proceeding" (The national legal Internet portal of the Republic of Belarus, 11.06. 2013, 8/27594).
25. The resolution of the Ministry of Justice of the Republic of Belarus of October 15, 2013 No. 159 "About modification and amendments in the Instruction on enforcement proceeding" (The national legal Internet portal of the Republic of Belarus, 30.10.2013, 8/28019).
26. Item 5 of appendix to the resolution of the Ministry of Justice of the Republic of Belarus of February 20, 2014 No. 39 "About introduction of amendments to the resolution of the Ministry of Justice of the Republic of Belarus of April 8, 2005 No. 15 and recognition voided some resolutions and separate structural element of the resolution of the Ministry of Justice of the Republic of Belarus" (The national legal Internet portal of the Republic of Belarus, 18.03. 2014, 8/28436).
27. The resolution of the Ministry of Justice of the Republic of Belarus of April 18, 2014 No. 89 "About modification and amendments in the Instruction on enforcement proceeding" (The national legal Internet portal of the Republic of Belarus, 26.04.2014, 8/28613).
28. The resolution of the Ministry of Justice of the Republic of Belarus of September 19, 2014 No. 196 "About modification and amendments in the Instruction on enforcement proceeding" (The national legal Internet portal of the Republic of Belarus, 23.01. 2015, 8/29442).
29. The resolution of the Ministry of Justice of the Republic of Belarus of November 17, 2015 No. 196 "About approval of the Instruction about procedure for maintaining enforcement proceeding in case of realization of property from the electronic biddings" (The national legal Internet portal of the Republic of Belarus, 01.12. 2015, 8/30404).
30. The resolution of the Ministry of Justice of the Republic of Belarus of November 30, 2015 No. 201 "About entering of amendments and changes into the Instruction on enforcement proceeding" (The national legal Internet portal of the Republic of Belarus, 12.12. 2015, 8/30418).
31. The resolution of the Ministry of Justice of the Republic of Belarus of July 15, 2016 No. 136 "About modification and amendments in the Instruction on enforcement proceeding" (The national legal Internet portal of the Republic of Belarus, 26.07.2016, 8/31121).
Approved by the Resolution of the Ministry of Justice of the Republic of Belarus of April 7, 2017 No. 67
1. This Instruction determines conditions and procedure for carrying out executive actions by the legal executive in enforcement proceeding.
2. 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 Law of the Republic of Belarus of October 24, 2016 No. 439-Z "About enforcement proceeding", this Instruction 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.
3. The enforcement proceeding is based on the principles enshrined in article 5 of the Law of the Republic of Belarus "About enforcement proceeding".
The principle of legality consists in the correct application of the laws and other regulatory legal acts in case of execution of court decrees and other executive documents.
The principle of procedural economy means need of making of executive actions in perhaps short terms and with the minimum costs for making of executive actions.
The principle of equality and conscientiousness of the parties of enforcement proceeding means that the claimant and the debtor have equal opportunities on realization of the stipulated by the legislation rights, shall have honesty the rights belonging to them and fulfill duties.
The principle of respect of honor and advantage of the citizen of the Republic of Belarus, the foreign citizen, stateless person (further - the citizen) consists in obligation of the legal executive, other participants of enforcement proceeding to respect honor and advantage of each other.
The principle of attributability of amount of requirements of the claimant and measures of forced execution means possibility of application of forced execution within the amount necessary for execution of the requirements containing in the executive document, collection (deduction) of expenses on execution of the executive document and forced collection.
The principle of impartiality provides participation in enforcement proceeding of the legal executive, the translator, the witness, the specialist who are not connected with one of the parties of enforcement proceeding, their representatives the relations of scrap, close relationship, property, guardianship or custody, and also in the absence of other circumstances raising doubts in their objectivity.
4. Bodies of forced execution are:
head department of forced execution of the Ministry of Justice;
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).
5. Functions on direct execution of executive documents are assigned to legal executives of bodies of forced execution (further – legal executives).
Proceeding from complexity of enforcement proceeding, load distribution on legal executives, procedural economy of function 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 on other employees of bodies of forced execution provisions of the Law of the Republic of Belarus "On enforcement proceeding" expatiate, this Instruction and other acts of the legislation on enforcement proceeding and on the legal status they are equated to legal executives.
6. 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.
Intervention in activities of legal executives in case of execution of service duties by them is forbidden, except as specified, established by legal acts.
7. The legal executive is given the rights and performs the duties established by articles 9 and 10 of the Law of the Republic of Belarus of October 24, 2016 No. 440-Z "About legal executives".
The legal executive shall use the rights granted to him in strict accordance with the legislation, not allow in the activities of infringement of the rights and legitimate interests of citizens and legal entities, correctly, fully and to timely perform executive documents.
8. All questions on enforcement proceeding, except for the questions carried to the exclusive competence of court determined by the Code of civil procedure of the Republic of Belarus (further – GPK), the Economic Procedure Code of the Republic of Belarus (further – HPK), the Penitentiary code of the Republic of Belarus (further – WICK), are within the competence of the legal executive, in particular:
consideration of the applications, petitions of participants of enforcement proceeding;
refusal in excitement of enforcement proceeding;
return of the executive document without excitement of enforcement proceeding;
excitement of enforcement proceeding;
suspension of enforcement proceeding, renewal of enforcement proceeding;
termination of enforcement proceeding;
return to the claimant of the executive document on which execution is not made or made partially;
adjournment of making of executive action;
termination of enforcement proceeding;
prolongation of the terms established by the legal executive in enforcement proceeding;
correction allowed in the resolution or the act of the legal executive of slips and (or) arithmetic mistakes;
replacement of the party of enforcement proceeding;
taking measures to ensuring execution of the executive document, specified in paragraphs the second or seventh, ninth and eleventh to part four of article 60 of the Law of the Republic of Belarus "About enforcement proceeding";
making of executive actions, the stipulated in Article 63 Laws of the Republic of Belarus "About enforcement proceeding";
transfer of distrained property to the claimant on account of debt repayment;
implementation of systematic control of correctness and timeliness of payroll deductions and the income of the debtor citizen, including individual entrepreneur equated to it;
distribution of the money collected from the debtor;
appeal of the resolution of the head of body of forced execution or the court decree accepted by results of consideration of the claim (protest) to resolutions, actions (failure to act) of the legal executive;
pronouncement of the resolutions provided by the Law of the Republic of Belarus "About enforcement proceeding", Item 9 of this Instruction;
pronouncement of instructions in enforcement proceeding in the cases provided by the Law of the Republic of Belarus "About enforcement proceeding", this Instruction;
creation of protocols on administrative offenses under Articles 12. 12, 24.1-24.4, 24.58, 25.2, 25.4-25.9 of the Code of the Republic of Belarus about administrative offenses (further – the Administrative Code) for the offenses made in connection with execution of executive documents;
making of other executive actions provided by the Law of the Republic of Belarus "About enforcement proceeding", this Instruction and other acts of the legislation.
9. The legal executive issues decrees:
about excitement of enforcement proceeding;
about change of the amount of collection;
about refusal in excitement of enforcement proceeding;
about return of the executive document without excitement of enforcement proceeding;
about introduction of amendments to the resolution;
about introduction of amendments to the act;
about replacement of the party of enforcement proceeding;
about participation of the translator (specialist);
about branch (about refusal in branch);
about suspension of enforcement proceeding;
about refusal in suspension of enforcement proceeding;
about renewal of enforcement proceeding;
about the termination of enforcement proceeding;
about return to the claimant of the executive document on which execution is not made or made partially;
about the termination of enforcement proceeding;
about adjournment of making of executive action;
about refusal in adjournment of making of executive action;
about acceptance of measure for ensuring execution of the executive document;
about refusal in acceptance of measure for ensuring execution of the executive document;
about replacement of measure for ensuring execution of the executive document;
about suspension of the taken measures for ensuring execution of the executive document;
about cancellation of the taken measures for ensuring execution of the executive document;
about arrest of the money and (or) other property of the debtor which are on its bank accounts in deposits (deposits) or stored in banks and (or) the non-bank credit and financial organizations, electronic money;
about suspension of transactions according to bank accounts of citizens, including individual entrepreneurs, legal entities;
about permission of transactions according to bank accounts;
about the debtor's drive;
about the announcement of search of the debtor;
about detention, forced towing (evacuation) and the placement on the supervised parking of the arrested vehicle of the debtor;
about 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;
about state registration of arrest of real estate;
about purpose of examination of reliability of independent assessment of distrained property of the debtor;
about establishment of starting price of realization of distrained property;
about establishment of economic inexpediency of realization of property;
about independent realization by the debtor of distrained property;
about refusal to the debtor in independent realization of distrained property;
about transfer of the biddings (the electronic biddings);
about refusal in transfer of the biddings (the electronic biddings);
about cancellation of the biddings (the electronic biddings);
about removal of property of the debtor (its part) from the biddings (the electronic biddings);
about the announcement of the biddings (the electronic biddings) cancelled;
about transfer of distrained property to the claimant on account of debt repayment;
about distribution of the collected money;
about collection (deduction) of expenses on execution of the executive document;
about collection (deduction) from the debtor of forced collection;
about prolongation of the term (about refusal in prolongation of term) established by the legal executive in enforcement proceeding;
about the address of collection on the money and other property of the debtor which are on its bank accounts in deposits (deposits) in bank and (or) the non-bank credit and financial organization;
about the address of collection on electronic money of the debtor;
about the address of collection on the money and other property of the debtor which are in escrow with the bank and (or) the non-bank credit and financial organization;
about suspension of transactions according to bank accounts of the third party;
about the address of collection on the money which is due to the debtor from the third party;
about the address of collection on the salary and the income equated to it;
about collection of forced collection from the salary and the income equated to it;
about money recovery for the realized property;
about termination of the contract about pledge;
about seizure of bank entry securities;
about transfer of the arrested bank entry securities;
about return of mistakenly listed money;
other resolutions.
The head of body of forced execution issues decrees:
about return without consideration of the claim (protest) to the resolution, action (failure to act) of the legal executive, other employee of body of forced execution;
about suspension of term of consideration of the claim (protest) to the resolution, actions (failure to act) of the legal executive, other employee of body of forced execution;
about renewal of consideration of the claim (protest) to the resolution, actions (failure to act) of the legal executive, other employee of body of forced execution;
about consideration of the claim (protest) to the resolution, actions (failure to act) of the legal executive, other employee of body of forced execution.
Resolutions of the legal executive, the head of body of forced execution on form and content shall conform to requirements of article 12 of the Law of the Republic of Belarus "About enforcement proceeding".
The resolution of the legal executive which is the executive document is signed by the legal executive who issued the relevant decree, certified by seal with the image of the State Emblem of the Republic of Belarus.
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.
Slips or arithmetic mistakes made by the legal executive, the head of body of forced execution in resolutions and acts improve them by removal:
resolutions on the address of collection on the money and other property of the debtor which are on its bank accounts in deposits (deposits) in bank and (or) the non-bank credit and financial organization and withdrawal of earlier issued decree – in case of correction of the slips or arithmetic mistakes made in the resolution specified in the paragraph the forty seventh to part one of this Item;
resolutions on the address of collection on the money and other property of the debtor which are in escrow with the bank and (or) the non-bank credit and financial organization, and withdrawal of earlier issued decree – in case of correction of the slips or arithmetic mistakes made in the resolution specified in the paragraph the forty ninth to part one of this Item;
resolutions on introduction of amendments to the resolution – in case of correction of the slips and (or) arithmetic mistakes made in other resolutions which are not specified in paragraphs second and third to this part;
resolutions on introduction of amendments to the act – in case of correction of the slips and (or) arithmetic mistakes made in the statements which are drawn up by the legal executive.
If other is not established by the Law of the Republic of Belarus "About enforcement proceeding", no later than the day following behind day of pronouncement of the resolution in time, the legal executive sends it to the parties of enforcement proceeding, and if necessary – to other persons.
The resolution of the legal executive, head of body of forced execution is subject to execution from the date of its removal and can be appealed by the parties of enforcement proceeding, other persons whose rights and legitimate interests are violated in case of execution of the executive document, and is protested by the prosecutor according to the procedure and the terms established by Chapter 12 of the Law of the Republic of Belarus "About enforcement proceeding".
10. 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).
11. The parties of enforcement proceeding are the claimant and the debtor.
In case execution is made for benefit of the state, the state body specified in part two of article 17 of the Law of the Republic of Belarus "About enforcement proceeding" acts as the claimant.
The parties of enforcement proceeding have the rights and perform duties, the stipulated in Article 18 Laws of the Republic of Belarus "About enforcement proceeding".
12. 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) in the absence of dispute on the right on the fact of legal succession and the group of people which is legal successors, subordinated to court and also in case of change of surname, own name, middle name (if that is available) or the name of the debtor or the claimant the legal executive according to the statement of the party of enforcement proceeding or on own initiative makes its replacement completely or in part.
Replacement of the party of enforcement proceeding is possible after excitement of enforcement proceeding and before its termination in the presence at the legal executive of the documents which are authentically confirming the taken place legal succession.
If the legal executive has documents confirming finding of the party of enforcement proceeding in reorganization stage, he has the right to suspend enforcement proceeding before its completion according to the paragraph the second article 50 of the Law of the Republic of Belarus "About enforcement proceeding".
About replacement of the party of enforcement proceeding with her legal successor or about refusal in such replacement the legal executive issues the decree on replacement of the party of enforcement proceeding or the resolution on refusal in replacement of the party of enforcement proceeding.
The resolution on replacement of the party of enforcement proceeding is integral part of the executive document.
13. The parties of enforcement proceeding participate in enforcement proceeding personally or through the representatives.
Can be agents of the parties of enforcement proceeding:
legal representatives – concerning persons specified in part one of article 22 of the Law of the Republic of Belarus "About enforcement proceeding";
close relatives (parents, adoptive parents (adopters), children including adopted (adopted) brothers and sisters, the grandfather, the grandma, grandsons), the spouse (spouse) – concerning citizens, including individual entrepreneurs;
workers of the legal entities, the organizations who are not legal entities – concerning these legal entities, the organizations who are not legal entities;
lawyers;
other persons in the cases provided by legal acts (in particular, legal entities, being the commercial organizations, and the individual entrepreneurs having the license for rendering legal services).
Persons specified in article 21 of the Law of the Republic of Belarus "About enforcement proceeding" cannot be agents of the parties of enforcement proceeding.
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