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Publication date: 29.04.2024
lawyer, 23 years of experience in enforcement.
The conditions and procedure for conducting enforcement proceedings are determined and regulated by the Law of Ukraine "On Enforcement Proceedings" (hereinafter - the Law) and other laws and regulatory legal acts adopted in accordance with this Law.
Decisions that, in accordance with this Law, are subject to compulsory execution are established by Article 3 of the specified Law, namely:
1) executive letters and orders issued by courts on the basis of court decisions, arbitration court decisions, international commercial arbitration decisions, foreign court decisions and on other grounds determined by the law or international treaty of Ukraine;
1) court orders;
2) decisions, resolutions of courts in civil, economic, administrative cases, cases of administrative offenses, criminal proceedings in cases provided for by law;
3) executive inscriptions of notaries, (except for executive inscriptions made on credit agreements that are not notarized);
4) certificates of commissions on labor disputes, issued on the basis of the decisions of such commissions;
5) resolutions of state executors on the collection of an executive fee, resolutions of state executors or private executors on the collection of costs of executive proceedings, on the imposition of a fine, resolutions of private executors on the collection of the main remuneration;
6) resolutions of bodies (officials) authorized to consider cases of administrative offenses in cases provided for by law;
7) decisions of other state bodies and decisions of the National Bank of Ukraine, which are recognized by law as executive documents;
8) decisions of the European Court of Human Rights, taking into account the peculiarities provided for by the Law of Ukraine "On the Implementation of Decisions and Application of the Practice of the European Court of Human Rights", as well as decisions of other international jurisdictional bodies in cases provided for by an international treaty of Ukraine;
9) decisions (resolutions) of subjects of state financial monitoring (their authorized officials), if their implementation is entrusted by law to bodies and persons who carry out enforcement of decisions.
At the same time, Article 4 of the Law defines the requirements for executive documents:
1) name and date of issuance of the document, name of the body, surname, first name, patronymic and position of the official who issued it;
2) date of adoption and number of the decision according to which the document was issued;
3) full name (for legal entities) or surname, first name and, if available, patronymic (for individuals) of the debt collector and debtor, for legal entities - their location or for individuals - the address of the place of residence or stay, date of birth debtor - natural person;
4) identification code of the legal entity in the Unified State Register of Legal Entities, natural persons - entrepreneurs and public formations of the debt collector and the debtor (for legal entities - if available);
RNOKP or series and number of the debtor's passport;
5) resolutive part of the decision, which provides measures for enforcement of decisions;
Importantly! Decisions, the operative part of which does not provide for measures of a coercive nature for implementation, are not accepted.
6) the date of entry into legal force of the decision (except for decisions subject to immediate execution);
7) the deadline for presenting the decision for execution.
Other data such as phone number, e-mail address, additional addresses of the parties, account details, etc. may also be specified in executive documents.
Executive documents submitted for execution must be signed by an authorized person and must be sealed with a seal depicting the State Coat of Arms, unless the body issuing the executive document in accordance with the law does not have such a seal.
Decisions of international jurisdictional bodies can be presented for execution on the territory of Ukraine in the cases stipulated by the international treaty of Ukraine, and meet the above requirements.
I draw your attention, if the decision is made in favor of several plaintiffs or against several defendants, as well as if property located in several places is to be transferred, or the decision provides for the performance of several actions, one debtor and one debt collector are indicated in the enforcement document, and it is also determined, in which party must comply with such decision, or it is stated that the obligation or right of recovery is joint and several. In accordance with the Civil and Commercial Procedures, the issuing of a writ of execution is provided for each debtor, debt collector and for each action separately.
In case of non-compliance with the above-mentioned norms, the executor does not open enforcement proceedings, but returns the acceptance to execution.
Therefore, a lawyer or an attorney can conduct a legal analysis of the situation in terms of the legality of opening executive proceedings, as there are quite often situations when executive proceedings are opened for a document that is not subject to enforcement. Court proceedings with the qualified help of a lawyer or an attorney will make it possible to cancel such a discovery order and restore your violated right.
The legal service "Consultant" provides professional legal services, as well as the services of a lawyer or an attorney can be obtained online on our service.
