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Publication date: 23.04.2024
lawyer, 23 years of experience in enforcement.
Agrarian receipt is a universal financing tool for agribusiness. Agricultural receipts allow agricultural producers to use the future harvest as collateral and thus gain access to credit resources on more favorable terms.
In the event that the debtor under the agrarian receipt does not fulfill the obligations under the agrarian receipt within the period specified in it, the creditor under the agrarian receipt has the right to apply to a notary for the execution of an executive inscription, which is subject to immediate execution and on the basis of which the body or person carrying out the enforcement of decisions, within seven days ensures the transfer to the creditor of the agricultural receipt of the subject of the pledge of the agricultural receipt, which is provided for in Article 13 of the Law of Ukraine "On Agrarian Receipts". In the presence of an agrarian receipt, a court process is not required.
Within seven days from the day of the opening of executive proceedings for the execution of a notary's executive inscription executed on an agrarian receipt, the executor ensures the transfer of the subject of the agrarian receipt to the creditor under the agrarian receipt.
In the event that the debtor does not have the subject of the pledge under the agricultural receipt, the executor shall take measures to search for it in accordance with the procedure provided for in this Instruction on the Organization of Enforcement of Decisions.
Execution of the executive inscription of the notary, executed on the agrarian receipt, in which the amount of funds subject to collection is specified, is carried out in the manner provided for in Article 51 of the Law of Ukraine "On Executive Proceedings".
The resolution on the seizure of the debtor's property, which is the subject of the pledge of the agricultural receipt, is issued by the executor during the opening of enforcement proceedings.
The executor shall issue a resolution on the description and seizure of the debtor's property regarding the description of the subject of the pledge of the agricultural receipt and its seizure. During the inventory and seizure of the subject of the pledge of the agrarian receipt, the executor declares a ban on disposing of it, seizes it from the debtor (if the crop has been harvested) and hands it over to the debt collector for safekeeping, as stated in the resolution on the inventory and seizure of the debtor's property.
The subject of the pledge of the agricultural receipt is transferred to the debt collector for his signature in the resolution on the description and seizure of the debtor's property. Copies of the resolution on the description and seizure of the debtor's property are issued to the debtor and the debt collector.
In the case of execution of such an executive writ by a notary, within the scope of consolidated executive proceedings for the enforcement of several executive writs, the subject of which is the same property of the debtor, the subject of the pledge is transferred to the debt collector, who is the creditor of the previously issued agrarian receipt .
The debt collector is obliged to take into custody the subject of the pledge of the agricultural receipt. In case of impossibility of the debt collector to accept the subject of the pledge of the agricultural receipt for storage, the executor, upon the relevant written application of the debt collector, postpones enforcement actions for a period of up to ten working days. In the case of the debt collector's refusal to accept the subject of the pledge of the agricultural receipt for storage after the expiration of the period of postponement of enforcement actions, the enforcement document is subject to return to the debt collector on the basis of paragraph 4 of part one of Article 37 of the Law of Ukraine "On Enforcement Proceedings".
Seizure of seized property with its transfer for sale, as well as its sale, are carried out in accordance with the procedure established by the said Law.
Execution of a notary's executive inscription made on an agrarian receipt, which contains items that are subject to demand, is carried out in the following order: during the execution of decisions on the transfer to the debt collector of the items specified in the enforcement document, the executor seizes such items from the debtor and hands them over to the debt collector, which constitutes a deed of transfer. In the event that an item that was to be handed over to the debt collector in kind is destroyed, the executor draws up an act on the impossibility of executing the decision, which is the basis for the termination of enforcement proceedings, and in the case of establishing the fact of the absence of the object that was to be handed over to the debt collector, returns the enforcement document to the debt collector.
In the case of a written refusal of the debt collector to receive the items seized from the debtor during the execution of the decision to transfer them to the debt collector, the executor returns the specified items to the debtor, draws up a report on this, and issues a resolution to end the enforcement proceedings.
The transfer to the debt collector of the objects specified in the executive document is carried out within the period established by the executor, which cannot be longer than the general period of transfer to the debt collector of the subject of the pledge of the agricultural receipt, determined by the second part of Article 13 of the Law of Ukraine "On Agrarian Receipts", with the participation of the debt collector and the debtor.
In the event that the debt collector and the debtor reach an agreement regarding the quality of the subject of the pledge of the agricultural receipt, the executor seizes from the debtor in the presence of the witnesses the items specified in the enforcement document and hands them over to the debt collector or his representative, which constitutes the act of seizure of property from the debtor that is the subject of the pledge of the agricultural receipt and transferring it to the debt collector.
In the event of a written refusal of the debt collector to receive the items seized from the debtor, during the execution of the notary's executive inscription on their transfer to the debt collector, the executor, in the presence of witnesses, returns the specified items to the debtor, draws up an act, and completes the enforcement proceedings in accordance with Article 39 of the Code of Criminal Procedure. About executive proceedings"
In the absence of the debtor, the execution of the decision can be carried out without his participation, with the participation of the debt collector or his representative and two witnesses.
If during the execution of the decision to transfer to the debt collector the items specified in the enforcement document, only a part of such items is found, the bailiff transfers them in the established order, makes a note about it in the enforcement document and issues a resolution to return the enforcement document to the debt collector on the basis of paragraph 6 of the first part Article 37 of the Law.
If the debt collector and the debtor do not reach an agreement regarding the quality of the objects to be transferred to the debt collector in accordance with the executive document, the executor issues a resolution on the postponement of executive actions in accordance with the procedure provided for in Article 32 of the Law and engages the expert agrarian institution specified in the agricultural receipt to determine the quality of the subject of the collateral receipts
If an expert institution is not specified in the agrarian receipt or on the day of the dispute, it does not have the authority to carry out the necessary examinations in accordance with the law, the executor, at the request of the parties or on his own initiative, appoints an expert by his resolution in accordance with the procedure specified by the Law.
If the debt collector and the debtor do not reach an agreement regarding the quality of the items awarded by the executive inscription of the notary on the basis of the agricultural receipt, the transfer of such items to the debt collector is carried out after receiving the results of the examination, which indicates the quality of these items.
In the event that the debtor does not have the subject of the collateral of the commercial agricultural receipt, which he must hand over to the debt collector according to the executive document, and the measures taken by the executor to search for such a subject of the pledge turned out to be fruitless, the executive document, on the basis of which the enforcement proceedings were opened, is returned to the debt collector.
Therefore, in such situations, a lawyer or an attorney will provide a legal analysis of the situation and help to effectively execute such an executive order and avoid the emergence of grounds that may entail challenging the actions of the executors and other.
