Publication date: 22.04.2024
lawyer, 23 years of experience in enforcement.
In the case of the debtor's evasion of the obligations imposed on him by the decision, which according to the Law of Ukraine "On Enforcement Proceedings" (hereinafter - the Law) is subject to enforcement, the issue of temporary restriction of the debtor's - natural person's right to travel outside Ukraine is decided by the court , at the place of execution of the relevant decision, at the request of a state or private executor.
In the presence of the circumstances provided for in Article 71 of the Law, the state executor issues a reasoned resolution on establishing a temporary restriction of the debtor's right to travel outside Ukraine until repayment of alimony arrears in full.
In case of non-compliance by a foreigner, a stateless person or a foreign legal entity with a decision on the imposition of fines for an offense, consideration of cases for which the law refers to the competence of the State Border Service of Ukraine or the State Migration Service of Ukraine (hereinafter - the State Migration Service of Ukraine), the state enforcement officer within thirty days from the moment of opening of executive proceedings applies to the relevant body of state border protection or state border security with a request to ban the entry of such persons into Ukraine in accordance with the Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons".
The submission is made in the automated system of executive proceedings (hereinafter - ASVP) on the form of the relevant body of the state executive service, private executor and must contain: and to establish a temporary restriction on the right of departure of the debtor - a natural person - the name of the court to which the submission is sent; to establish a ban on the entry of foreigners or stateless persons into Ukraine - the name of the relevant state border protection body; information about executive proceedings; last name, first name and patronymic (if available) of the debtor - natural person, date of birth (date, month and year); citizenship of the debtor - natural person; the registration number of the taxpayer's registration card or the series and passport number of the debtor - an individual who, due to his religious beliefs, refused to accept the registration number of the taxpayer's registration card and notified the relevant supervisory body about it and has a mark in the passport; information about the debtor crossing the state border of Ukraine.
In the event of a consolidated enforcement proceeding, the application shall indicate its number in the State Administrative Court, the details of the executive documents included in the consolidated enforcement proceeding, the amount of recovery for each enforcement document, the total amount of recovery taking into account the amount of the enforcement fee and the costs of the enforcement proceedings, the main remuneration of the private executor, etc. ;
substantiating the existence of facts of evasion of the debtor - a natural person from fulfilling his obligations;
the operative part of the submission.
Copies of the executive document (paper copies of the executive document issued in the form of an electronic document), resolutions on the opening of executive proceedings are attached to the submission. In case of execution of summary enforcement proceedings, a registration card for summary enforcement proceedings is attached to the submission. If necessary, copies of other documents may be attached to the submissions of the state executor or private executor.
If available, the application also specifies the UNZR, place of residence/residence, address of the declared/registered place of residence (residence) and other information about the debtor - a natural person, which is known to the state executor, private executor.
In order to ensure clear control of persons and carry out their unambiguous identification when they cross the state border of Ukraine, the last name, first name and (if available) patronymic of the debtor - a natural person: a citizen of Ukraine - only in the Ukrainian language are indicated in the application, the decision of the state executor; a foreigner and stateless person - only in Latin, a citizen of the Russian Federation or a citizen of the Republic of Belarus - in Russian with Latin duplication.
In the absence of such data, the state (private) executor, upon written request, receives them from the body that issued the executive document, or from the central body of executive power that implements state policy in the areas of migration (immigration and emigration), including countering illegal (illegal ) of migration, citizenship, registration of natural persons, refugees and other legally defined categories of migrants.
State executioners of applications to ban the entry of persons into Ukraine in accordance with the Law of Ukraine "On the Legal Status of Foreigners and Stateless Persons" are carried out taking into account the requirements of this section.
The temporary restriction on a person's right to travel outside of Ukraine is removed if the executor issues a resolution on:
termination of enforcement proceedings on the basis of clauses 1-3, 5-7, 9-12, 14, 15 of the first part of Article 39 of the Law of Ukraine "On Enforcement Proceedings";
cancellation of a temporary restriction on the right of a person to leave Ukraine - in case of repayment of the arrears from the payment of periodic payments in full.
Considering the above, if you have the opportunity to go abroad, but had or have debt obligations or an obligation to pay alimony, it will be advisable to obtain the services of a lawyer or an attorney in advance in order to check in advance whether there are any bans on traveling abroad. If such a ban still exists, it is possible to use the services of a lawyer, or an online consultation of a lawyer, to find out the reasons and cancel the temporary restriction on travel abroad. A legal analysis of the situation will be carried out by a lawyer or a lawyer on our website quickly and efficiently, which will help to solve the problem effectively in the future.
