Publication date: 24.04.2024
lawyer, 23 years of experience in enforcement.
The Law of Ukraine "On Enforcement Proceedings" provides for the administrative and criminal liability of debtors and other participants in enforcement proceedings, and not only the participant in enforcement proceedings can be held liable, since the legal requirements of the executor are mandatory for fulfillment throughout the territory of Ukraine.
Liability of the debtor in enforcement proceedings:
For non-execution without valid reasons within the time limit set by the executor of the decision obliging the debtor to perform certain actions and the decision to resume work, the executor issues a resolution imposing a fine on the debtor - a natural person in the amount of 100 tax-free minimum incomes of citizens (1700 hryvnias), on officials - 200 tax-free minimum incomes of citizens (3,400 hryvnias), on the debtor - a legal entity - 300 tax-free minimum incomes of citizens (5,100 hryvnias) and sets a new deadline. In the case of repeated non-execution of the decision by the debtor without valid reasons, the executor imposes a double fine in the same manner and applies to the pre-trial investigation authorities with a notification of the commission of a criminal offense.
However, I would like to draw your attention to the fact that the executor of holding the debtor to such responsibility does not always check the reasons for non-compliance with the court's decision and issues formal resolutions imposing such administrative sanctions. Therefore, when the debtor goes to court, quite often these fines are canceled by the court. In connection with this, if such a situation arises, it will be advisable to get legal advice and to cancel such fines in court.
Liability for non-fulfillment of legal requirements of the executor
For failure to comply with the legal requirements of the executor, violation of the requirements of the Law of Ukraine "On Enforcement Proceedings", including for late submission or failure to submit reports on deductions from wages and other income of the debtor, failure to submit or submission of false information about the debtor's income and property status, failure by the debtor to submit the demand of the executor of the declaration or the indication of false information in the declaration or failure to notify about a change in such information, failure to notify the debtor of a change in the place of residence (stay) or location or place of work (receipt of income), as well as for non-appearance without valid reasons at the summons of the executor, the guilty persons are responsible in accordance with Article 188-13 of the Code of Ukraine on Administrative Offenses. Such actions entail the imposition of a fine from fifty to one hundred tax-free minimum incomes of citizens (from UAH 850 to UAH 1,700). Please note that the issue of administrative liability under Article 76 of the Code of Criminal Procedure "On Executive Proceedings" is decided by the court based on the results of the review of the protocol of the executive on the imposition of such liability. The protocol must meet the requirements set forth in Article 256 of the Code of Ukraine on Administrative Offenses
If there are signs of a criminal offense in the actions of a person who intentionally obstructs the execution of a decision or otherwise violates the requirements of the law on enforcement proceedings, the executor draws up an act of violation and applies to the pre-trial investigation authorities with a notification of the commission of a criminal offense.
It should also be remembered that in the first and second cases, an appeal to the territorial police body with a notification of the commission of a criminal offense can be sent by the executor only in the event of the presence in the actions of the debtor or other persons of signs of the crime provided for in Articles 342, 343, 382, 388 of the Criminal Code Code of Ukraine.
However, I would like to draw your attention to the fact that the executor of holding the debtor to such responsibility does not always check the reasons for non-compliance with the court's decision and issues formal resolutions imposing such administrative penalties. Therefore, when the debtor goes to court, quite often these fines are canceled by the court. In connection with this, if such a situation arises, it will be advisable to get legal advice and to cancel such fines in court.
Also, in case the executor appeals to the police body with a notification about the commission of a criminal offense, it will be advisable to conduct a legal analysis of the situation and use the services of a lawyer or at least obtain the advice of a lawyer, in order to avoid negative consequences for yourself.
