Publication date: 29.04.2024
lawyer, 23 years of experience in enforcement.
In October 2016, the Law "On Executive Proceedings" (hereinafter referred to as the Law) entered into force, the provisions of this Law introduced the concept of "Unified register of debtors". The Unified register of debtors became fully operational in 2017, and as for such a category as alimony, even in 2018.
According to the provisions of this Law, it is established that the Unified Register of Debtors (hereinafter ERB) is a systematized database of debtors, which is a component of the automated system of enforcement proceedings and is conducted for the purpose of publishing in real time information on unfulfilled property obligations of debtors to prevent alienation by debtors property
Information about debtors included in the ERB is open and posted on the official website of the Ministry of Justice of Ukraine.
The norms of the Law provide that in the event of a person's appeal to state bodies, local self-government bodies, notaries, or other subjects in the exercise of their authority, including the performance of delegated powers, by committing a certain action in relation to the property belonging to the debtor, which is included in of the unified register of debtors, are obliged to notify the relevant department of the state executive service or private executor about this no later than the next working day, specifying information about the property, in respect of which such a person applied.
The law also provides that banks, non-bank providers of payment services, issuers of electronic money in the case of opening or closing an account/electronic wallet to an individual or legal entity entered in the ERB, including through separate divisions of the bank, non-bank providers of payment services, issuers of electronic money, are obliged to notify the department of the state executive service or a private executive on the day of opening or closing the account/electronic wallet. Today, as a rule, banking institutions notify executors by sending information through the Automated System of Enforcement Proceedings.
Importantly! concluding, within the time period specified in the Law, a deed regarding the property of the debtor, which led to the impossibility of satisfying the demands of the debt collector at the expense of such property, is the basis for recognizing such a deed as invalid, except for cases of sale in the process of privatization of property that is part of a single property complex
Information about the debtor is entered into the Unified register of debtors at the same time as the resolution on the opening of enforcement proceedings is issued, but there are cases in which the data are not entered into the ERB, namely:
- debtors are state bodies, local self-government bodies;
- for periodic payments, in the absence of arrears under the executive document on the collection of periodic payments for more than three months;
- by decisions of a non-property nature.
Information about the debtor under the decision to establish visitation with the child and to remove obstacles to visitation with the child is submitted to the ERB simultaneously with the issuance of the resolution on imposing a fine on the debtor.
The unified register of debtors contains the following information:
1) surname, first name, patronymic (if available), date of birth of the debtor - a natural person or name, identification code of a legal entity in the Unified State Register of Legal Entities, natural persons - entrepreneurs and public formations of the debtor - a legal entity;
2) the name of the body or the surname, first name, patronymic and position of the official who issued the executive document;
3) the name of the state executive service body or the surname, first name, patronymic of the private executor, the number of the means of communication and the e-mail address of the executor;
4) number of executive proceedings;
5) collection category (alimony, fine, etc.).
Grounds for exclusion from the unified register of debtors:
Information from the ERB is automatically excluded when a resolution is passed on the end of enforcement proceedings, or on the return of an enforcement document levied under clauses 1, 3, 11 of Article 37 of the Law of Ukraine "On Enforcement Proceedings", or on the day of establishing the fact that there is no debt due to enforcement documents on the collection of periodic payments .
Please note that there are other cases in which it is possible to exclude a person from the Unified Register of Debtors, even when the enforcement proceedings have been completed, and the department that was completing the enforcement proceedings has been reorganized or liquidated.
Legal service "Consultant" has professional lawyers and attorneys who will help to exclude an entry from the Unified register of debtors. A lawyer or an attorney will make a legal analysis of the situation and find out whether a court proceedings to solve your situation, since quite often such issues can be solved by obtaining the services of a lawyers online.
