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Уредба со законска сила за изменување и дополнување на Уредбата со законска сила за примената на Законот за извршување

We would like to inform you that in the ‘Official Gazette of the Republic of North Macedonia’ no. 103/2020 from 16.04.2020 the Decree-law amending the Decree-law for application of the Law on Enforcement has been published.

These amendments to the Decree supplement the new enforcement actions for which the enforcement agents may continue to act regarding the enforcement actions that were previously prescribed in the Decree-law published in the Official Gazette 86/2020 from 01.04.2020.

According to this Decree-law, it is set out that the enforcement agents are obliged to stop taking any enforcement actions, except:

  • In cases where the enforcement has started until 31.03.2020, upon a claim on the accounts of a natural person at a bank
  • In cases where the enforcement has started until 31.03.2020 on available funds on the accounts of a legal entity with the institutions responsible for conducting payment operations
  • preparing and submitting a conclusion to stop the enforcement from the account of a natural person or legal entity if the debtor pays the debt.

From enforcement actions are deducted the Incomes on the following grounds:

  • Income on the basis of legal support, compensation for damage caused by an impairment of health or reduction, that is the loss of the ability to work and compensation for lost support due to the death of the support provider;
  • Income on the basis of compensation for bodily injury under disability insurance regulations;
  • Income from rights of financial support from social care (guaranteed minimum support, compensation for disability, part-time salary compensation, housing allowance, permanent compensation, and one-time financial assistance) in accordance with social protection regulations;
  • Income on the basis of temporary unemployment;
  • income from child protection rights according to the Law on Child Protection
  • Income-based on scholarship, credit, and support to pupils and students
  • The income of cadets at the Military Academy;
  • compensation for work of a convict in a penitentiary except for a claim based on legal support, as well as for claim for compensation of damages caused by a criminal offense of the convict
  • Income-based on travel expenses;
  • Income from the right to social security for the elderly according to the regulations on social security for the elderly;
  • Funds paid as humanitarian aid or compensation in situations caused by natural disasters in conditions of a decision on the existence of a crisis situation by the Government of the Republic of North Macedonia or the Assembly of the Republic of North Macedonia,
  • The funds on the special account held by the enforcement agent, salary, pension, compensation of accommodation costs, compensation for foster care allowance, compensation for children beneficiaries of family pension,
  • The income of persons in the Selected Reserve of the Army of the Republic of North Macedonia and the Police,
  • The income of military and peacetime war invalids based on disability, orthopedic allowance, and disability allowance,
  • Income on the basis of a life support agreement and a life rent as well as the income on the basis of a life insurance contract and funds paid as financial support or subsidy to legal entities and natural persons to overcome the effects of the Coronavirus COVID-19.

In the aforementioned cases, the debtor submits a request to the enforcement agent through electronic communication to postpone the enforcement and proof that income is based on any of the grounds. Based on the request submitted by the debtor, the enforcement agent to the institutions responsible for conducting payment operations, through electronic communication submits a request for postponement of the enforcement order until June 30, 2020, without disturbing the order of receipt of the enforcement order.

 

Apart from the above amendments to the Decree, еverything else that was previously regulated remains unchanged.

 

This Decree-law has entered into force on the day of its publication in the „Official Gazette of the Republic of North Macedonia“.

Disclaimer Notice: The information contained in this document is provided “as is” without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement. RSM Makedonija assumes no liability or responsibility for any errors or omissions in the content of this document. Your use of the information contained in this document is at your own risk. UNDER NO CIRCUMSTANCES SHALL RSM Makedonija BE LIABLE FOR ANY DAMAGES TO YOU, INCLUDING ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM YOUR USE OF THE INFORMATION IN THIS DOCUMENT EVEN IF YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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