Publication date: 22.04.2024
lawyer, 23 years of experience in enforcement.
Since the beginning of the full-scale invasion of the Russian Federation on the territory of Ukraine, parts of our territory have been under occupation, in connection with which all possible procedures for the execution of court decisions, which have entered into force, have been violated. This situation created the conditions for the violation of the human right to a fair trial, when the legal decision of the court cannot be executed. The same situation occurred with open but not yet completed executive proceedings for the execution of court decisions that remained in the temporarily occupied territory (at the same time, the debtors were evacuated to the territory under the control of Ukraine). In this consultation, we will deal with the questions: Is it possible to restore such proceedings and what is the procedure for such restoration?.
Thus, the Legislation of Ukraine provides for cases of recovery of enforcement proceedings in case of their loss or destruction, and accordingly provides for the procedure for recovery of such EPs.
Enforcement proceedings may be resumed at the request of a party to enforcement proceedings or at the initiative of the executor in the event of:
lost enforcement proceedings or its materials;
annulled executive proceedings in the event of a decision by the European Court of Human Rights, according to which the state is obliged to implement the decision of the national court;
executive proceedings, the execution of which was carried out in the temporarily occupied territory.
The statement must indicate which executive proceeding the party to the executive proceeding is requesting to be reinstated, the details of the executive document, the parties to the executive proceeding, their place of residence or location (if the party to the executive proceeding has the specified information), the circumstances of the loss of the materials of the executive proceeding (the stay of the executive proceedings in the temporarily occupied territory), renewal of which documents the party considers necessary, for what purpose their renewal is necessary.
Documents or their copies preserved by the parties to the enforcement proceedings may be attached to the application for the restoration of the lost enforcement proceedings or its materials, even if they are not certified in the established manner.
In the application for the restoration of the materials of the enforcement proceedings, the execution of which was carried out in the temporarily occupied territory, which is submitted by the debtor, the circumstances that make it necessary to resume the enforcement proceedings (intention to execute the decision, termination of enforcement measures in connection with the execution of the decision in full) , annulment of the decision on the basis of which the executive document was issued, etc.). In the event that the debtor complies with the decision in full, receipts, payment documents confirming the payment of the debt under the enforcement document, the enforcement fee and the costs of the enforcement proceedings (in case of passing the relevant resolutions) are attached to the application.
The executor, on his own initiative or at the request of the parties, as well as the parties themselves, may apply to the court or other body (official) that issued the executive document for the issuance of a duplicate of the executive document.
If, according to the debtor's application, enforcement proceedings, which were carried out in the temporarily occupied territory of Ukraine, must be resumed in connection with the debtor's intention to comply with the decision or the need to stop measures of enforcement of decisions, such enforcement proceedings may be resumed without a duplicate enforcement document.
The executor issues a decision on the restoration of the lost (destroyed) enforcement proceedings no later than the next working day after receiving the duplicate executive document and sends it to the debt collector and the debtor no later than the next day.
In the case of resumption of executive proceedings at the initiative of the executor, he explains in the resolution to the parties the right to provide documents of the executive proceedings, their copies, other documents or information related to the lost executive proceedings.
To restore enforcement proceedings or its materials, the executor uses the information of the automated system of enforcement proceedings about issued resolutions and other documents of enforcement proceedings, information and documents received by him, including from the parties of enforcement proceedings.
Resumed executive proceedings are subject to execution in accordance with the procedure established by the Law of Ukraine "On Executive Proceedings".
In order to effectively and quickly resume executive proceedings, it will be advisable to obtain online legal services or online consultation of a lawyer. A lawyer will help to correctly make an application to the court for the issuance of a duplicate, as well as by sending a lawyer's request, will help to quickly obtain the necessary documents.
