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Case: Lifting Encumbrance from a Car for Successful Sale via Diia: Overcoming Bureaucratic Obstacles

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Kolesnyk Ilya Oleksandrovych
Lawyer
Ukraine / Kyiv
Kolesnyk Ilya Oleksandrovych

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Publication date: 16.07.2025

A specialist in bankruptcy of individuals and legal entities, provides support in bankruptcy procedures on the part of debtors or creditors, support in concluding restructuring/settlement agreements with creditors, closure of executive proceedings, debt collection for housing and other services.

Input Data:

 

In May 2025, a client, Volodymyr, contacted the law firm, facing an unexpected and extremely unpleasant problem – the impossibility of selling his own car through the innovative state application "Diia." This modern service, designed to simplify bureaucratic procedures, indicated the presence of an encumbrance on the vehicle, which automatically blocked any operations with it and required mandatory referral to the State Enforcement Service (SES).

For Volodymyr, who planned to quickly and effectively realize his property, this created significant obstacles, financial losses due to sales delays, and general frustration. The problem lay in identifying the nature of the encumbrance and quickly eliminating it to freely dispose of the car, as without this, selling through the convenient "Diia" service was impossible.

Problem:


A detailed analysis of the situation, conducted by the team of lawyers, revealed a rather typical, but non-obvious problem for the average citizen. It turned out that the encumbrance on the car was imposed due to a previously unpaid debt that was in enforcement proceedings. The paradox was that the enforcement proceedings themselves, which gave rise to the debt, had long since been closed and transferred to the archive due to the expiration of the statute of limitations.

However, despite the closure of the main case, a debt for the payment of enforcement costs amounting to only 1,048.00 UAH remained unpaid in the register. It was this seemingly insignificant amount that caused the car to be blocked in all state registers, creating a serious bureaucratic obstacle to its sale. The key was to unravel this "tangle" of archived cases and unpaid formal expenses, which required knowledge of enforcement procedures.

Desired Outcome:
Prompt removal of the encumbrance from Volodymyr's car and ensuring its successful sale through the "Diia" application without any further obstacles.

 

Solution:


The legal team's strategy involved an operational, consistent, and clearly coordinated approach to quickly and effectively remove the encumbrance. The work included several key stages:

  1. Prompt contact with the enforcement service.
    In the first stage, immediate contact was established with the relevant state enforcement officer. During communication, all details of the case were clarified: the fact that the case had been transferred to the archive and the existence of precisely the unpaid debt for enforcement costs were confirmed. This allowed for accurate identification of the blocking reason, which was the primary task.
  2. Retrieval of the case from the archive and debt repayment.
    The team of lawyers coordinated with the enforcement service the procedure for returning the archived case from enforcement proceedings for its re-opening and completion. After this, the client's full repayment of that same insignificant debt of 1,048.00 UAH was organized and monitored. This step was necessary to remove the formal cause of the encumbrance, without which further actions would be impossible.
  3. Completion of enforcement proceedings.
    Upon receiving confirmation of debt repayment, the enforcement officer officially completed the enforcement proceedings. Importantly, after this, immediate notification of the completion of the proceedings was sent to the Main Service Center of the Ministry of Internal Affairs of Ukraine. This ensured the transfer of up-to-date information between state registers and the updating of car data.
  4. Removal of encumbrance and car sale via Diia.
    The final stage was the prompt removal of the encumbrance from the client's car in all registers by the Main Service Center of the Ministry of Internal Affairs. Immediately after this, without any additional obstacles, Volodymyr was able to successfully sell his car through the "Diia" application, as he had planned, realizing his property quickly and efficiently.
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Result: Thanks to the coordinated, fast, and professional work of the team of lawyers, the encumbrance on the client's car was successfully removed. This allowed Volodymyr to freely and effectively complete the sale of his vehicle through the "Diia" application, avoiding further delays and potential financial losses. The client Volodymyr remained completely satisfied with the quick and professional resolution of his issue.

 

Conclusion


This case is an excellent confirmation of the high effectiveness of a professional approach in solving even, at first glance, minor but complex bureaucratic problems. It demonstrates that a small amount of debt left unattended in state registers can become a serious obstacle to the realization of property rights. The success in this case highlights the importance of prompt interaction with state bodies and a thorough knowledge of enforcement procedures to achieve the desired result. This shows that qualified legal assistance is the key to successfully overcoming bureaucratic hurdles and ensuring the free disposal of citizens' property.

 

 

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