Certified Executory Instrument

Certified Executory Instrument

 

in the USSR, a kind of document of execution. It is executed by the notarial office on documents confirming a demand for money payment or for the transfer of other property, and it excludes the necessity of instituting proceedings before a court or arbitration tribunal. The list of documents which can be certified to serve as a title for compulsory execution is confirmed by the laws of the proper Union republic.

The certified executory instrument may be executed by any notarial office. The notary is obligated to verify whether the documents that are indicated in the confirmed list and that prove the validity of the demand have been submitted. The creditor pays a state tax of 1 percent of the amount stated in the document.

The certified executory instrument may be issued within one year from the day on which the demand was due. If a reduced period of limitation of actions (less than a year) has been established for the demand, the certified executory instrument is issued only within this time limit. After the expiration of the time limits established by law, the certified executory instrument may not be issued, and the execution may be carried out by judicial or arbitration procedures.

Refusal by the notarial office to perform the certification may be appealed in the people’s court. Demands provided with the executory certification in the notarial office may be contested by the debtor by means of bringing an action before a court or arbitration tribunal in accordance with the general rules.

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