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Publication date: 29.04.2024
lawyer, 23 years of experience in enforcement.
The norms of the Law of Ukraine "On Enforcement Proceedings" establish several types of time limits, namely:
- general terms in enforcement proceedings;
- deadlines for implementation of executive actions;
- deadlines for presentation of executive documents for implementation.
The term in enforcement proceedings is a period of time within which the executor and participants in enforcement proceedings are obliged or have the right to make a decision or take an action. Any action during enforcement proceedings must be performed no later than the deadline set by the Law of Ukraine "On Enforcement Proceedings"
Terms in executive proceedings are calculated in working days, months and years, and also determine the event that must inevitably occur.
Terms of decision-making by executors and execution of executive actions:
During enforcement proceedings, the executor performs executive actions and makes decisions by issuing resolutions, submitting submissions, warnings, issuing instructions, orders, drawing up acts and protocols, demands, submitting requests, statements, notifications or other procedural documents provided for by the Legislation.
Seizure of property or funds is imposed no later than the next working day after its discovery, except for the case when the application for opening executive proceedings specifies the property on which it is necessary to impose seizure, in such cases the seizure is imposed immediately.
Payment instructions for forced debiting of funds are sent no later than the next business day after the seizure and subsequently no later than the next business day from the day of receiving information about the availability of funds in the accounts
The description and seizure of property is carried out no later than on the fifth working day from the day of receiving information about its location. In the event that property is discovered by the executor during the inspection of the debtor's property status at the place of residence (stay) of the natural person and the location of the legal entity, the property is described and seized.
The resolution on the removal of the seizure is issued by the executor no later than the next working day after receiving documents confirming the existence of the grounds provided for by the Law of Ukraine "On Enforcement Proceedings", and on the same day it is sent to the institutions to which the resolution on the seizure of the debtor's property was sent .
Paying attention! the term for calculating arrears from the payment of alimony for the application of measures provided for in Article 71 of the Law of Ukraine "On Executive Proceedings" is calculated from the date of presentation of the executive document for enforcement.
Executors are responsible for violation of the terms of decision-making and execution of executive actions in accordance with the procedure established by law, but violation of such terms is not a basis for canceling such a decision or executive action, except for cases when they were made or performed in violation of the procedure provided for by the Law.
Deadlines for presentation of executive documents for execution:
In accordance with the transitional provisions of the Law of Ukraine "On Executive Proceedings", the deadlines for presenting executive documents for execution do not apply during the period of martial law.
Importantly! in the event of the return of the executive document to the debt collector due to the impossibility of fully or partially fulfilling the decision, the deadline for presenting such a document for execution, and in the case of the return of the executive document in connection with the prohibition established by law regarding the enforcement of the debtor's property or funds, as well as carrying out other executive actions against the debtor, the time limits are renewed on the day of the expiration of the relevant ban.
A lawyer or attorney of the Legal Service "Consultant" in cases where executors make decisions or take actions in violation of the procedure, the Law of Ukraine "On Enforcement Proceedings", will conduct a legal analysis of the situation and, if necessary, organize a court proceedings, in case of violation of the debtor's rights, in accordance with current legislation. Timely consultation of a lawyer on the specified issue will help to avoid negative consequences, and will help to timely remove the seizure from the property. Such legal services can be obtained online on our service.
