Does the Procuracy have the authority to supervise the auction activities of judgment enforcement assets?

18:52, 10/07/2024

This is the content of the correspondence between the Supreme People's Procuracy (VKSNDTC) and the Ministry of Justice as mentioned in Official Dispatch 478/VKSTC-V11 regarding the supervision of asset auction activities related to enforcement of judgment (THA).

In prior Official Dispatches, the Ministry of Justice has opined that the Supreme People's Procuracy (VKSND) does not have the function of supervising asset auction activities in enforcement cases (THA).

Regarding this issue, the Supreme People's Procuracy (VKSNDTC) has several viewpoints as follows:

- There has been a misunderstanding by the Ministry of Justice regarding the nature of the supervisory function of the VKSNDTC over judicial activities versus the state management function;- Based on current regulations, activities related to civil judgment enforcement (THADS), including service contracts between organizations and individuals with the civil judgment enforcement agency, fall under the supervisory authority of the VKSND;- Moreover, practical experience shows that the supervisory work of the VKSND over asset auction activities in enforcement cases is essential to ensure legal compliance in THADS activities.

From the above analyses, the VKSNDTC asserts that the VKSND has the function of supervising asset auction activities in enforcement cases (THA).

Official Dispatch 478/VKSTC-V11 was issued on February 01, 2018.

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