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Publication date: 17.04.2024
lawyer, 23 years of experience in enforcement.
Quite often, situations arise when a person applies to a notary public for the re-registration of immovable property or a service center for the re-registration of movable property, a problem arises that does not make it possible to carry out the relevant transaction, which consists in the presence of a property seizure. In such situations, a person may even sometimes not know about the existence of such arrests, or may not remember, since the arrests may have been imposed quite a long time ago. I would like to point out that arrests that were imposed even more than 10-15 years ago do not have a statute of limitations and will be relevant until the arrest initiator prepares and sends the relevant documents to the registration institutions for removal and termination of the arrest.
To date, the procedure for removing the seizure from property is regulated by Article 59 of the Law of Ukraine "On Enforcement Proceedings" No. 1404-VIII dated June 2, 2016 (hereinafter - the Law).
In accordance with Part 4 of Art. 59 of the Law, grounds for removal by the executor of the attachment from all or part of the debtor's property (funds) are:
1) receipt by the executor of documentary confirmation that the debtor's account has a special mode of use and/or collection of such funds is prohibited by law;
2) receipt to the account of the state executive service body, the account of a private executor of the sum of funds collected from the debtor (including from the sale of the debtor's property), necessary to satisfy the demands of all debt collectors, collection of the enforcement fee, costs of enforcement proceedings and fines imposed on the debtor;
3) receipt by the executor of documents confirming the full payment for the purchased property at electronic auctions;
4) availability of a written opinion of an expert, a subject of evaluation activity - a business entity regarding the impossibility or impracticality of selling the seized property of the debtor in connection with a significant degree of its wear and tear, damage;
5) absence within 10 working days from the date of receipt of the notification of the executor specified in part six of Article 61 of this Law of a written statement by the debt collector about his desire to keep the unrealized property;
6) receipt by the executor of a court decision on the cancellation of measures to secure the claim;
7) repayment of the arrears from the payment of periodic payments, if the execution of the decision can be ensured in a different way than the enforcement of the debtor's property;
8) receipt by the executor of documentary confirmation of the presence in one or more accounts of the debtor of funds sufficient to fulfill the decision on securing the claim;
9) grounds provided for in clauses 1-2 of Chapter XIII "Final and Transitional Provisions" of this Law.
In accordance with Clause 15 of Chapter VIII of the Instructions on the Organization of Enforcement of Decisions, approved by the Order of the Ministry of Justice of Ukraine dated 02.04.2012 No. 512/5, upon cancellation by the court of measures to secure a claim following completed enforcement proceedings, proceeds to the account of the state executive service body, the account of the private executor the amount of funds collected from the debtor, necessary to satisfy the demands of all debt collectors, collection of enforcement fees, costs of enforcement proceedings and fines imposed on the debtor following completed enforcement proceedings, the executor no later than the next working day issues a resolution on lifting the seizure from the debtor's property without issuing a resolution on opening or resumption of executive proceedings. A copy of the executor's decision to remove the attachment from the debtor's property is sent to the parties and to the relevant body (institution) for the removal of the attachment no later than the next working day from the date of issuance.
Thus, the procedure for removing the arrest upon completed enforcement proceedings is clearly defined in Clause 15 of Chapter VIII of the Instructions for the Organization of Enforcement of Decisions, approved by the Order of the Ministry of Justice of Ukraine dated 04/02/2012 No. 512/5.
Therefore, upon detection of any seizure of movable or immovable property, it is necessary to apply for the removal of the seizure to the initiator of the seizure. Such an appeal is a priority and, accordingly, is a pre-trial settlement of disputes. If such an appeal is unsuccessful, then at worst it is necessary to go to court to resolve the issue of removal of attachment from real estate, removal of attachment from accounts or removing the attachment from movable property.
At the same time, I would like to draw your attention to the fact that there are cases when a citizen applies for the removal of an arrest, the executor, without even understanding, gives a formal withdrawal, in order to avoid such a situation, it is advisable to contact the appropriate specialist. The specialist, in turn, will conduct a legal analysis of the situation, and will help in collecting the necessary documents that will be the basis for lifting the arrest, and will, accordingly, help save time in solving this issue.
