Article 462. Restoration of lost enforcement proceedings

Lost enforcement proceedings may be restored by the court at the claim of persons who participated in the case, the parties to the enforcement proceedings, the State enforcement authority, the prosecutor, as well as upon an initiative of the court or other body that issued the enforcement document.

Lost enforcement proceedings shall be restored either in full or in a part necessary to restore in the court's opinion.

Claim on the restoration of lost enforcement proceedings shall be filed with the court at the place of execution of the judicial act.

The claim shall contain the detailed information on the enforcement proceedings. The documents preserved by the claimant and related to the enforcement proceedings or copies thereof shall be attached to the claim.

At consideration of the claim the court shall use the preserved parts of the enforcement proceedings; the documents issued from case file before loss of proceedings to individuals and legal entities; copies of these documents; as well as other reference materials and documents of relevance to the enforcement proceedings.

The court may interrogate, as witnesses, the persons who were present at the execution of the enforcement actions.

Upon the results of consideration of the claim a ruling shall be rendered, a copy of which shall be sent to the parties to the enforcement proceedings and the State enforcement authority.

If the collected materials are not sufficient for accurate restoration of the lost enforcement proceedings, the court shall terminate the consideration on the restoration of the enforcement proceedings by a ruling. In this event the claimant shall be entitled to assert a claim under the standard procedure.

The claimant shall be exempt from the payment of court costs incurred by the court during the consideration of the case on restoration of the lost enforcement proceedings. If the claim was intentionally false, the court costs shall be recovered from the claimant.