Publication date: 16.07.2025
Roman Pidkovenko is a lawyer in Khmelnytskyi with 4 years of experience. He specializes in credit disputes, mobilization issues, family, and civil law. Provides legal consultations, represents clients in court, and prepares claims and complaints. Assists with divorce cases, mobilization deferrals, and debt collection.
Input Data:
The client sought legal assistance due to an extremely serious problem: he was threatened with compulsory debt collection based on an executive inscription by a notary. An executive inscription is a special document that, unlike a court decision, allows for compulsory collection of funds from a debtor without a preliminary judicial review of the merits of the dispute and without obtaining a court decision. This occurs out-of-court.
Such an executive inscription could serve as grounds for immediate bank account freezing, property seizure, part of wages, and other coercive measures. For the client, this meant a direct threat to his financial interests and well-being, requiring immediate and qualified legal intervention to have this inscription declared unenforceable. This created significant risks for citizens' financial security, as it effectively limited their right to full legal protection in court before the start of compulsory collection.
Problem:
Analysis of the situation revealed that the notary's executive inscription, for a number of reasons, did not comply with legal requirements and, accordingly, was not subject to enforcement. This means that the notary issued it in violation of the established procedure or in the absence of the necessary conditions for doing so. Key violations could include:
- Absence of undisputed debt: One of the main conditions for issuing an executive inscription is the undisputed nature of the debt. If there were any disputes regarding the amount of the debt, its accrual date, or other terms, the notary had no right to issue the inscription. Financial companies often abuse this, trying to collect funds for which the statute of limitations has expired, or amounts that are disputed.
- Violation of issuance procedure: There might have been violations of the Law of Ukraine "On Notaries" or the Procedure for Performing Notarial Acts (e.g., regarding the deadline for submitting documents to the notary, the form of documents, the absence of proper notification to the debtor).
- Absence of proper documents: The notary might have issued the inscription without having all the necessary original documents confirming the undisputed nature of the debt.
The purpose of the legal analysis was to identify these very deficiencies, which serve as grounds for declaring the executive inscription unenforceable, in accordance with the norms of the Civil Code of Ukraine and the practice of the Supreme Court.
Desired Outcome:
Declaration of the notary's executive inscription as unenforceable, with the aim of fully nullifying the threat of compulsory debt collection and recovering legal assistance costs from the financial company.
Responsible Lawyer:
Pidkovenko Roman Anatoliiovych
Solution:
The lawyer developed a clear and effective legal strategy aimed at fully protecting the client's financial interests. The main instrument was a lawsuit to declare the notary's executive inscription unenforceable.
- Preparation and submission of a substantiated lawsuit to the court.
The lawyer meticulously drafted the statement of claim, which detailed the circumstances of the case, substantiated the unlawfulness of the notary's executive inscription with reference to specific legal norms and judicial practice. Evidence was provided confirming the absence of undisputed debt (for example, documents indicating the expiration of the statute of limitations, or the dubious origin of the debt). - Proving the unlawfulness of the executive inscription.
In the court hearing, the lawyer systematically and convincingly proved that the notary's executive inscription was unlawful. This was achieved by analyzing the conditions for issuing the inscription, identifying procedural violations committed by the notary, and proving the absence of undisputed debt at the time of its issuance. - Protecting the client's interests in the court hearing.
The lawyer ensured full and qualified representation of the client's interests in court. All necessary evidence was presented, explanations were provided, and the arguments of the financial company's representatives were effectively refuted. - Justification of the amount of legal assistance costs for their recovery.
A separate important stage of work was the justification of the amount of costs incurred by the client for legal assistance. The lawyer prepared relevant documents confirming the cost of the services provided and succeeded in recovering these costs from the financial company in favor of the client. This is an important element of compensation for the unlawful actions by the plaintiff.
Result: The court fully satisfied the plaintiff's claim, issuing a decision declaring the notary's executive inscription unenforceable. This decision completely nullified the threat of compulsory debt collection from the client. Furthermore, the court satisfied the lawyer's request and recovered 16,000 UAH in legal assistance costs from the financial company in favor of the client (case № 528/1484/24).
This decision is an undeniable victory that fully protected the client's financial interests and confirmed the unlawfulness of the executive inscription. The case demonstrates the high effectiveness of judicial protection against unlawful actions related to the issuance and use of notary executive inscriptions for debt collection. It highlights that even in cases where a debtor faces rapid compulsory collection outside of court proceedings, timely recourse to a qualified lawyer allows for the restoration of justice and compensation for incurred legal costs. This is an important precedent in protecting the financial rights of citizens from unscrupulous collectors.
