Toda

Executive proceedings to go to report. Available price may be decreased

The text of the Government Bill No. 8198 on the relative enforcement of court decisions and decisions of other bodies was published, which was registered in the Parliament on March 26.

In particular, the Cabinet proposes not to indicate the registration number of the taxpayer's registration card or a series and the passport number in administrative decisions on administrative offenses committed at the place of commission of the offense or without the participation of a person.

In addition, the order of payment of advance payment changes upon presentation of the executive document to execution. The payer will no longer need to file a document confirming payment of the advance payment, together with the application for opening an enforcement proceeding. The proof of payment will be the receipt of funds to the appropriate account of the ICE, a private executor.

In addition, it is proposed to reduce the maximum amount of down payment, linking it to the subsistence minimum (now - not to exceed 10 MWh). When submitting an enforcement document to the executor, the payer will pay an advance payment of 2% of the amount to be recovered, but not more than two sizes of living wage for able-bodied persons. And by a decision of non-property nature, the decision to transfer the items specified in the executive document, and the decision to secure the claim - in the amount of one living minimum of the debtor - an individual and two sizes of subsistence minimum from the legal entity.

The list of categories of persons who are exempted from payment of advance payment is expanding. In particular, from the payment of advance payments, it is proposed to release local governments, bodies and individuals authorized by law to issue executive documents.

It is established that the collector adds to the application for enforcement of a copy of documents confirming the exemption from payment of advance payment.

Executive collectors of state executives are requested to charge 10% of the amount that is subject to enforcement, refund or value of the debtor's property, which is subject to transfer to the payer by the executive document (now - recovered and transferred accordingly). Solidarity debtors have a joint responsibility to pay executive fees.

In addition, it is proposed to improve some of the issues of organizing the activities of a private performer. Thus, a private executor will have the right to enforce a decision to recover the basic remuneration in the event that it is collected during the enforcement of the decision.

The draft Law was developed by the Ministry of Justice. It is expected that its adoption will ensure the proper execution of court decisions and decisions of other bodies.

Source: JURLIGA

(translated using google translator)