lawyer, 23 years of experience in enforcement.
At the beginning of 2017, the institute of private executors appeared in Ukraine, and accordingly, the enforcement of decisions to date relies not only on the bodies of the state executive service (state executors) and, in the cases provided for by the Law of Ukraine "On Executive Proceedings", on private executors.
The legal status and organization of activities of private executors is established by the Law of Ukraine "On Bodies and Persons Enforcing Court Decisions and Decisions of Other Bodies".
State and private executors carry out enforcement of decisions provided for in Article 3 of the Law of Ukraine "On Enforcement Proceedings", but private executors cannot enforce decisions in all categories of cases.
Categories of cases that private executors are prohibited from performing:
1) decisions according to which the debtor is the state, state bodies, the National Bank of Ukraine, local self-government bodies, their officials, state and communal enterprises, institutions, organizations, legal entities, the share of the state in the authorized capital of which exceeds 25 percent, and/or which are financed exclusively from the funds of the state or local budget;
2) decisions on eviction and resettlement of individuals;
3) decisions according to which the debtor is a legal entity whose forced sale of property is prohibited in accordance with the law;
4) decisions for which the state, state bodies are the debtors (except for the decisions of the National Bank of Ukraine);
5) decisions of administrative courts and decisions of the European Court of Human Rights;
6) decisions that involve taking actions on state or communal property;
7) decisions on the selection and handing over of the child, establishing a meeting with him or removing obstacles to meeting the child;
8) decisions according to which the debtors are children or natural persons who are recognized as incapable or whose civil capacity is limited;
9) decisions on confiscation of property;
10) decisions according to which the debtor is an authorized entity of management or a business company in the defense-industrial complex, defined by the first part of Article 1 of the Law of Ukraine "On Peculiarities of Reforming Enterprises of the State-Owned Defense-Industrial Complex", and decisions that provide for the execution of actions regarding their property;
11) decisions, the execution of which is attributed by the Law of Ukraine "On Executive Proceedings" directly to the authority of other bodies that are not enforcement bodies;
Also, during the first year of activity, a private executor cannot carry out enforcement of decisions for which the amount of recovery is twenty million hryvnias or more or an equivalent amount in foreign currency.
Also, for executors, both private and state, a number of grounds have been established for which they are prohibited from executing decisions, namely:
1) the debtor or debt collector is the executor himself, persons close to him (persons who live together, are connected by common life and have mutual rights and obligations with the executor (including persons who live together but are not married) , as well as regardless of the specified conditions - husband, wife, father, mother, stepfather, stepmother, son, daughter, stepson, stepdaughter, brother, sister, grandfather, grandmother, great-grandfather, great-grandmother, grandson, granddaughter, great-grandson, great-great-granddaughter, son-in-law, daughter-in-law, father-in-law, mother-in-law, father-in-law, mother-in-law, adopter or adoptee, guardian or custodian, a person under the guardianship or guardianship of the executor), persons related to him.
Persons related to the performer are legal and/or natural persons, the relationship between which may affect the conditions or results of their activities or the activities of the persons they represent, taking into account the following criteria:
the executor directly and/or indirectly (through related persons) owns the corporate rights of a legal entity that is a party to enforcement proceedings, or jointly with a legal entity and/or an individual that is a party to enforcement proceedings, owns the corporate rights of any legal entity;
the executor has the right and/or authority to appoint (elect) a one-person executive body or a collegial composition of the executive body/supervisory board of the specified legal entities.
2) the debtor or debt collector is a person who is in labor relations with such an executor;
3) the performer, a person close to him or a person who is with the performer in labor relations, has a real or potential conflict of interests;
4) the amount of recovery under the executive document, taking into account the amounts under the executive documents that are already being executed by the private executor, exceeds the minimum amount of the insurance amount under the liability insurance contract of such private executor.
Implementation of decisions by other bodies and institutions:
- decisions on the collection of funds from state bodies, state and local budgets or budgetary institutions, decisions on the collection of funds during the time of the debt collector's work as an assistant-consultant of the People's Deputy of Ukraine, including upon dismissal from such a position, are carried out by the bodies of the State Treasury Service of Ukraine;
- executive documents on collection of tax debt, in cases established by law, are executed by tax authorities.
- in cases provided for by law, decisions may be implemented by other bodies.
Please note that in accordance with Article 7 of the Law of Ukraine "On Enforcement Proceedings", the debt collector has the right to send the executive document on the recovery of alimony directly to the debtor's place of work, in the cases established by the Law.
Therefore, a lawyer or an attorney can conduct a legal analysis of the situation and help with the presentation of an executive document for execution, or the preparation of relevant documents for presentation at the debtor's place of work. The Court proceedings, with the qualified help of a lawyer or an attorney, will allow you to exercise your right in full compliance with the current legislation.
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.