On Determining Temporary Procedures for the Administration of the Activities and Services of the Legal Entity under Public Law Called National Bureau of Enforcement, Different From those Established by Legislation, in Order to Prevent the Spread of the Novel Coronavirus (COVID-19)

Minister of Justice of Georgia

Order No 546

25 May 2020

Tbilisi

On Determining Temporary Procedures for the Administration of the Activities and Services of the Legal Entity under Public Law Called National Bureau of Enforcement, Different From those Established by Legislation, in Order to Prevent the Spread of the Novel Coronavirus (COVID-19)

On the basis of Article 45³(1) and (2)(b) of the Law of Georgia on Public Health and Article 7(1)(a) of the Rules established by the Ordinance No 322 of 23 May 2020 of the Government of Georgia on the Approval of the Rules of Isolation and Quarantine, I do hereby order:

Article 1

This Order determines temporary procedures for the administration of activities and services of the Legal Entity under Public Law called National Bureau of Enforcement ('National Bureau of Enforcement') under the governance of the Ministry of Justice of Georgia, including carrying out some of the services/activities provided for by the Law of Georgia on Enforcement Proceedings, and different from those established by legislation.

Article 2

1. The National Bureau of Enforcement shall be granted the right to receive/register and begin enforcement proceedings without the original of the writ of execution/enforceable act which is submitted in accordance with the procedure established by paragraph 2 of this article. If the writ of execution is falsified, responsibility therefor, including criminal liability, shall be imposed on the person who submitted it.

2. A creditor/an applicant shall be granted the right, in order to start enforcement proceedings, to submit enforceable acts provided for by Article 2 of the Law of Georgia on Enforcement Proceedings and the documentation provided for by Article 25 of the same Law, via the Citizen's Portal my.gov.ge and/or by e-mail at info@nbe.gov.ge.

3. In order to identify a person when submitting the documentation in an electronic form, the telephone number and a copy of the ID card of a creditor shall be submitted, and when concerning enforcement cases related to payments, bank details issued by a banking institution shall be submitted as well. If necessary, the bailiff shall verify the correctness of the information determined by this paragraph and the proprietary rights of the creditor.

4. In the first notification sent to the debtor, it shall be indicated that enforcement has started on the basis of a copy of a writ of execution/an enforceable act submitted by a creditor.

5. If the non-compliance of the copy submitted by a creditor with the original of the writ of execution/enforceable act is revealed, the bailiff shall be obliged to stop the enforcement proceedings and send the materials to the relevant investigative body.

6. In order to start enforcement proceedings, the submission of the originals of the enforceable acts as established by Article 2 of the Law of Georgia on Enforcement Proceedings and the documentation provided for by Article 25 of the same Law, as well as in the framework of any proceedings (including enforcement proceedings, simplified proceedings, insolvency proceedings, etc.) may be carried out in material form. For this purpose, the interested person shall determine the place, time and order of service by means of the Citizen's Portal my.gov.ge in advance. Service shall be carried out after the provision of the booking code from the Citizen's Portal.

7. In order to start enforcement proceedings, the submission of the originals of the enforceable acts as established by Article 2 of the Law of Georgia on Enforcement Proceedings and the documentation provided for by Article 25 of the same Law, as well as in the framework of any proceedings (including enforcement proceedings, simplified proceedings, insolvency proceedings, etc.) may be carried out in material form by means of certified mail. In order to identify a person, the telephone number, e-mail address (which shall be used to send/receive further documentation/information) and a copy of the ID card of a creditor shall be submitted, and when concerning enforcement cases related to payments, including simplified cases, bank details issued by a banking institution shall be submitted as well. If necessary, the correctness of the information and the proprietary rights of the creditor/applicant shall be verified.

8. If the writ of execution/enforceable act submitted in accordance with the procedure established by this article is not accompanied with contact details for communication with the applicant, the bailiff shall be authorised not to start the proceedings. In such case, the bailiff shall not be obliged to inform the applicant on the failure to start the proceedings. If the contact details for communication with the applicant are submitted partially, the bailiff shall be obliged to take measures to contact the applicant by means of submitted details and provide information on the deficiency.

9. In the framework of any proceedings (including execution proceedings, simplified proceedings, insolvency proceedings, etc.) the exchange of documentation/information between the National Bureau of Enforcement and a person/applicant participating in proceedings, as well as the National Bureau of Enforcement and banking institutions, shall be carried out in electronic form via the electronic address indicated by such person (by means of the Citizen's Portal my.gov.ge or e-mail address info@nbe.gov.ge)

Article 3

1. A private bailiff shall start enforcement proceedings only on the basis of a writ of execution/enforceable act submitted in the electronic form. If the writ of execution is falsified, responsibility therefor, including criminal liability, shall be imposed on the person who submitted it.

2. In order to start enforcement proceedings, the conclusion of a contract with a private bailiff, as well as the submission of the enforceable acts established by Article 2 of the Law of Georgia on Enforcement Proceedings and the documentation provided for by Article 25 of the same Law, shall be carried out only in electronic form, through the e-mail address of the private bailiff.

3. When submitting documentation in electronic form in order to start enforcement proceedings, the telephone number and a copy of the ID card of the creditor, as well as bank details issued by a banking institution, shall be provided. If necessary, a private bailiff shall verify the correctness of the information determined by this paragraph and the proprietary rights of the creditor.

4. The exchange of other documentation/information between the private bailiff and a person/applicant participating in proceedings shall also be carried out in an electronic form via the electronic address indicated by such person (through the e-mail address of the private bailiff).

5. If the writ of execution/enforceable act submitted in accordance with the procedure established by this article is not accompanied with the contact details for communication with the applicant, the private bailiff shall be authorised not to start the proceedings. In such case, the private bailiff shall not be obliged to inform the applicant about the failure to start the proceedings. If the contact details for communication with the applicant are submitted partially, the private bailiff shall be obliged to take measures to contact the applicant by means of the submitted details and provide information on the deficiency.

6. If the non-compliance of the copy submitted by a creditor with the original of the writ of execution/enforceable act is revealed, the private bailiff shall be obliged to stop the enforcement proceedings and send the materials to the relevant investigative body.

Article 4

1. In the course of enforcement proceedings started on the basis of a writ of execution/enforceable act submitted in electronic form in accordance with this Order, as well as the Order No 515 of 6 April 2020 of the Minister of Justice of Georgia on the Different Regulation of Separate Issues Provided for by the Law of Georgia on Enforcement Proceedings, the creditor shall, no later than 10 days after the Ordinance No 322 of 23 May 2020 of the Government of Georgia on the Approval of the Rules of Isolation and Quarantine is declared invalid, be obliged to provide the originals of the writ of execution/enforceable act and attached documentation to the bailiff/private bailiff. If the creditor, despite the warning of the bailiff/private bailiff, does not fulfil this obligation, the enforcement proceedings shall be terminated.

2. The creditor shall not be released from the obligation provided for by paragraph 1 of this article before the Ordinance No 322 of 23 May 2020 of the Government of Georgia on the Approval of the Rules of Isolation and Quarantine is declared invalid when the enforcement proceedings are terminated on the basis of the grounds provided for by Article 34 of the Law of Georgia on Enforcement Proceedings, as well as when the enforcement proceedings end with execution.

3. Before the Ordinance No 322 of 23 May 2020 of the Government of Georgia on the Approval of the Rules of Isolation and Quarantine is declared invalid, when the grounds provided for by Article 35 of the Law of Georgia on Enforcement Proceedings arise in the course of enforcement proceedings started in accordance with the procedure established by this Order, the writ of execution/enforceable act submitted in accordance with the form established by this Order shall be returned to the creditor.

Article 5

The bailiff/private bailiff shall be authorised to take an inventory of assets/carry out seizure of immovable property by external inspection and by using data kept in the LEPL called National Agency of Public Registry, with the exception of particular cases.

Article 6

The assessor shall be authorised to carry out an assessment of immovable property by external inspection and by using data kept in the LEPL called National Agency of Public Registry, with the exception of particular cases. The same procedure shall apply to the assessment of other assets, taking into account the value of the immovable subject.

Article 7

1. The seizure of movable property located in a dwelling place shall be suspended.

2. Except for the case provided for by paragraph 1 of this article, in a particular case caused by necessity, a bailiff/private bailiff shall be authorised to take an inventory of assets/carry out seizure of movable property and give it into custody in electronic form on the basis of the documentation submitted by an owner/possessor (the name of an object, its distinctive features, quantity, size, weight, wear and tear, photographs, etc.). The obligation of the provision of information on movable property and the custody of the seized property shall be imposed on the owner/possessor of the property, when requested by a bailiff/private bailiff.

3. The act of taking the inventory of assets and the act of seizure shall be sent to the owner of the seized property and the custodian in electronic form and it shall be explained that the disposal of the seized property in any form shall result in criminal liability as provided for by the procedure established by the criminal legislation of Georgia.

4. The confiscation of seized movable property which was given into the custody of a debtor or other person shall be suspended.

Article 8

1. In the course of the cases of taking possession of immovable property from the ownership and/or occupancy of other person, on the basis of Article 84(3) of the Law of Georgia on Enforcement Proceedings, a written warning shall be sent to the debtor in accordance with the procedure provided for by subparagraph (d) of the same paragraph, but without indicating the date and time of the forced eviction.

2. Before the Ordinance No 322 of 23 May 2020 of the Government of Georgia on the Approval of the Rules of Isolation and Quarantine is declared invalid, in the course of the cases of taking possession of immovable property from the ownership/occupancy of other person, the forced eviction of debtors and their companions from the property indicated in the writ of execution shall not be carried out. Other enforcement activities of this category shall be carried out in accordance with the procedure established by the Law of Georgia on Enforcement Proceedings.

3. In the course of the cases of taking possession of immovable property from the ownership/occupancy of other person, the count/flow of a 10-day period determined for the voluntary execution of the decision provided for by Article 84(3)(a) of the Law of Georgia on Enforcement Proceedings shall be suspended and shall start/continue after the Ordinance No 322 of 23 May 2020 of the Government of Georgia on the Approval of the Rules of Isolation and Quarantine is declared invalid.

Article 9

This Order shall be effective until 15 July 2020 and shall be applied to the relationships originated after 23 May 2020.

The Minister of Justice of Georgia                              Tea Tsulukiani