(Identity holder No. ****: An execution order was issued against you according to an application number…. In the event of non-implementation within five days, the procedures stipulated in the execution system will be applied…)
The phrase between the two crescents is an abbreviation of a letter sent to a debtor by the Execution Court informing him of the obligation to pay the debt owed to him. The new regulations for the controls of stopping services revealed 6 services that are not covered by the decision to suspend education, treatment, work, the commercial registry, signing civil facts and supporting papers, and the controls stressed that the dependents of the person whose services were suspended are not affected by any damages. In a reading of the scene of implementation and stopping services, Article 46 of the implementation system remained a major concern for many of those against whom execution orders were issued to apply the text of the article, which constitutes a paralysis in their movement, until the approval of the controls for stopping services was finally issued, and it was officially published and its entry into force begins in the middle of Safar of the year 1445 AH, and it will be a good day to many.
Article 46 of the execution system is usually applied against the debtor and stipulates the procedures that must be taken against the debtor who is procrastinating in paying the debt required of him, as the execution judge has the right to stop all financial transactions related to the debtor, and also in the event that his funds that are sufficient to pay off his debt are not disclosed, the execution judge orders to prevent the debtor. From traveling and stopping the issuance of a power of attorney on his behalf, directly or indirectly, and he is required to disclose the funds that are sufficient to pay off his debt to seize them.
Pay in 5 days
There are questions about the application of Article 46 of the execution before the controls for stopping services in order to avoid the debtor from any damages after the suspension, and according to the article, if the debtor does not implement, or does not disclose funds sufficient to fulfill the debt within five days from the date of being notified of the execution order, or from the date of its publication in one of the Newspapers if it is not possible to inform him; He was considered procrastinating, and the execution judge immediately ordered the debtor to be prevented from traveling, stopping the issuance of power of attorney documents from him directly or indirectly in the funds and what is devolved to them, and the article obliges him to disclose the debtor’s existing funds and what is returned to him in the future to the extent that fulfills the executive document, seize them, and implement and the disclosure of licenses and records of the debtor's commercial and professional activities. Notification of a person authorized to record credit information of non-implementation.
Judge and deal with the debtor
The execution judge may take the following measures: preventing government agencies from dealing with the debtor, withholding his financial dues with them, and that they must notify the execution judge of that, preventing financial institutions from dealing with him in any capacity, ordering the disclosure of the money of the debtor's husband, his children, and whomever evidence indicates to transfer Funds to him, or his favouritism, and if the suspicion is found that there is evidence or presumptions that the funds were hidden, the request is referred to the trial judge for consideration and the debtor is imprisoned, in accordance with the provisions of this system.
document, decision or order
According to the controls for stopping services that apply on Safar 15, 1445 AH, the suspension of services is based on a statutory document, a decision of the Council of Ministers, a supreme or judicial order, or an order from the Public Prosecution, and the suspension of services is through the electronic platform, and it is not permissible to resort to Suspension of services in order to notify the attendance at government agencies, and the services shall not be suspended at any of the stages mentioned in the controls except after informing the concerned committee in advance of a sufficient period to be determined by one or more of the available means such as text messages, e-mail, telephone calls, a platform Absher (individuals – business), government accounts, the national address, and each government agency classifies the services it provides that may be suspended for individuals and the business sector, each separately, into (three) categories according to the effects of the suspension, and the classification is approved by the committee.
3 stages of shutdown
When classifying the services it provides and which can be suspended, the government agency takes into account that the suspension does not result in harm extending to the subordinates of the person whose services are suspended (individuals – businesses) or others, or to the companies he owns or in which he is a partner or shareholder, or members of the board of directors or board of directors. The managers, partners, executive director, or employees thereof, and in case any of the aforementioned damages are caused, it shall be dealt with immediately by appropriate means, leading to stopping the damage. The controls for stopping services for individuals are according to the arrangement of three stages; The first stage: stopping services (low-impact), which includes: new services that are not related to an existing service, and additional services whose cessation does not have a significant impact on the individual. The second stage: stopping services (medium-impact), and includes: services that limit the use of services Not affecting, the third stage: stopping (high-impact) services, which includes: all services that can be stopped, provided that this does not include the identity of the individual. In all cases, the period of suspension of services in the aforementioned (first) and (second) phases shall not exceed (30) days for each phase.
a state of relief
Attorney Saad Al-Bahouth says that the announcement of the controls for stopping the new services reflected the state of relief for many who were afflicted by the fires of Article 46 of the implementation system and a correction of the old path, which ends one of the biggest problems facing Saudis and residents alike, as this obstacle was bothering many and causing them great suffering. The successive regulations and their periodic review, and with the economic openness and the arrival of many foreign investments, it was necessary to make some legislative amendments that facilitate the movement of debt and loan dealers, which reflects a positive impression that rights are always preserved and preserved, and that freedoms are not restricted.
Electronic prison!
Lawyer Khaled Abu Rashid says that stopping services was tantamount to electronic imprisonment for those against whom execution decisions were issued, so the harm was incumbent on those whose electronic services were stopped.. Why? Because electronic services in Saudi Arabia have developed into an amazing image, so services are now provided electronically, whether in the transactions of the Ministry of Interior in the Absher icon or the transactions of the justice system, as well as dealing in universities, schools, commercial and banking services, and others. Others cause the convict to become paralyzed into what looks like an electronic confinement in the great space.
shift in services
Lawyer Abdullah Al-Aboush says that during the past years, Saudi Arabia has witnessed a major shift in the provision of government services, and life has gradually shifted towards electronic services. Application in schools for all stages, as well as unified admission to universities, and the suspension of services was a penalty applied against anyone who did not fulfill his financial obligations, whether towards the state or towards others. The controls for stopping new services came to reorganize life for people in all fields, and within the framework of successive amendments to the regulations and instructions.
Flexible adjustments
Attorney Nawal Zaid, Attorney Rawan Asiri, and Attorney Kholoud Majed Al-Ahmadi agreed that the path of implementing the execution system witnessed a series of flexible amendments when the execution penalty was amended by limiting the suspension of services only to preventing financial transactions, that is, a person cannot open a bank account, obtain a loan, or Advances or receiving subsidies such as citizen account support, Saned support, and others. The amendments included setting controls for the period of executive imprisonment in the event of a prison sentence that takes into account the circumstances of the debtor, so that obligatory imprisonment is in the event that the debt owed by the debtor is one million riyals or more, and electronic services are not stopped as he can benefit from all services in the digital government platforms, and soon it was A new amendment issuance of controls for stopping services, and among the most prominent conditions for suspending services is that stopping services will not harm affiliated entities, and will not affect the basic rights of citizens, and that stopping services will not harm relatives and individuals can practice their profession during the suspension of services. While the suspension of services cannot exceed 180 days.
The most prominent cases of suspension
According to “Okaz” monitoring, many segments of society, including teachers, teachers, academics, nurses, male and female employees in the private sector, faced implementation decisions with the force of Article 46 of the enforcement system, and they continued to face an ambiguous fate due to the issuance of implementation decisions that stipulated the suspension of their services after the issuance of an executive order due to their inability to fulfill financial obligations in The case of commercial issues such as promissory note, bill of exchange, check without balance, etc., or electronic lease contracts, loans, debts, and financing issues.
Adnan Shabrawi (Jeddah) @Adnanshabrawi