Publication date: 23.04.2024
lawyer, 23 years of experience in enforcement.
Enforcement proceedings as the final stage of court proceedings and enforcement of court decisions and decisions of other bodies (officials) are a set of actions defined in the Law of Ukraine "On Enforcement Proceedings", by bodies and persons aimed at enforcement of decisions and carried out on the grounds, within powers and in the manner determined by the Constitution of Ukraine, the Law of Ukraine "On Executive Proceedings", other laws and normative legal acts adopted in accordance with this Law, as well as decisions that are subject to enforcement under the Law.
Today, many are faced with the problem of enforcement proceedings being opened and as a result, accounts are blocked, enforcement measures are applied, and debts are constantly growing.
In circumstances that complicate the execution of the decision or make it impossible, the parties have the right to apply to the court that considered the case as a court of first instance, with an application for postponement or installments of the execution of the decision. It is also possible to apply for installments in such a category as the collection of alimony, which will allow the debtor to financially unburden himself and get out of a situation where debts put him in a difficult position.
Adjournment is a postponement or postponement of the execution of the decision to a new term determined by the court.
Installment is a method of fulfilling an obligation, in which the fulfillment is not carried out simultaneously and in full, but in parts and within the terms set in advance.
It is possible to apply to the court for an installment of the execution of the decision, even at the stage when the decision on the collection of funds has not yet entered into legal force, this will allow you to avoid additional collections in the future, such as the enforcement fee, the main remuneration of the executor and the costs associated with the implementation of executive actions . The decision on installments is carried out in part and within the terms established by this decision.
At the stage of execution of the decision and at the request of the debt collector, the executor may delay or postpone the execution of the decision (except for a court decision) in the presence of such circumstances as illness of the party to the enforcement proceedings, business trip of the party to the enforcement proceedings, natural disaster, etc.
The issue of postponement or installments of execution can be decided by the court in accordance with Article 267 of the Civil Code of Ukraine or after the opening of enforcement proceedings.
According to Art. 435 of the Civil Procedure Code of Ukraine, an application for postponement or extension of execution of a court decision is considered within ten days from the date of its receipt in a court session with notification of the parties to the case. Circumstances that significantly complicate the execution of the decision or make it impossible are grounds for postponement or postponement of the execution of the court decision.
When deciding on the issue of postponement or postponement of the execution of the court decision, the court also takes into account:
in relation to a physical person - serious illness of himself or his family members, his financial condition;
• natural disaster, other extraordinary events;
• the degree of fault of the defendant in the dispute;
• other circumstances of the case.
Installment and postponement of execution of a court decision cannot exceed one year from the date of adoption of such a decision, resolution, resolution. An appealable resolution shall be issued to postpone or postpone the execution of a court decision, to establish or change the method and order of its execution, or to refuse to take appropriate procedural actions.
Also, when applying to the court for a postponement or installment of the execution of the decision, it is necessary to remember that the issue of the execution of the decision in installments is decided taking into account the balance of the interests of the parties, and should serve to achieve the goal of the execution of the court decision with maximum observance of the proportionality of negative consequences for the debtor and interests creditor It is also necessary to remember that delaying the judgment should not contribute to evasion of its execution and negatively affect the plaintiff's financial condition.
In order to obtain a positive decision on installments or postponement of the execution of the decision, it is advisable to use the services of a lawyer or a lawyer. An early legal analysis of the situation will make it possible to obtain a positive decision on this issue. Legal advice or legal assistance in solving this issue can be obtained online. Also, one of the types of legal services is filing an application to the court for installments or postponement of the execution of the decision. Therefore, deferment or installment payments is a fairly effective way of stabilizing your financial situation.
