Publication date: 30.04.2024
lawyer, 23 years of experience in enforcement.
The legal status of participants in enforcement proceedings and their rights and obligations are determined by the Law of Ukraine "On Enforcement Proceedings"
The participants in the enforcement proceedings are:
1. Executor
2. Parties (debtor and debtor) and their representatives;
3. Prosecutor, in cases established by law;
4. Expert, subject of evaluation activity - business entity;
5. Specialists and translators are involved in executive actions;
6. Persons whose intellectual property rights have been violated - according to executive documents on confiscation and destruction of property based on Articles 176, 177 and 229 of the Criminal Code of Ukraine and Article 51-2 of the Code of Ukraine on Administrative Offenses.
7. In the cases established by the Law, witnesses, police officers, representatives of guardianship and guardianship bodies and other bodies and institutions are involved in the implementation of executive actions if necessary.
Rights of participants in executive proceedings:
1. rights of the parties to enforcement proceedings and the prosecutor:
- the right to get acquainted with the materials of executive proceedings, make extracts from them, make copies,
- file objections in the cases stipulated by the Law of Ukraine "On Executive Proceedings";
- have the right to access the automated system of executive proceedings,
- to appeal the decision, actions or inaction of the executor in the manner established by the Act of the Legislation;
- provide additional materials, make a request,
- to participate in execution of executive actions,
- provide oral and written explanations;
- object to the motions of other participants in the executive proceedings and exercise other rights granted by law.
- in the process of execution of the decision, the parties have the right to conclude a settlement agreement, which is approved (recognized) by the court that issued the executive document.
The debt collector has the right to choose whether to present an executive document for enforcement to a state executive service body or to a private executor.
2. Rights of other participants in enforcement proceedings:
- provide additional materials;
- make a request;
- to participate in execution of executive actions;
- provide oral and written explanations;
- to object to the motions of other participants in the executive proceedings and to exercise other rights granted by law.
Duties of parties to enforcement proceedings:
- the debt collector or the debtor is obliged to immediately, no later than the next working day after the occurrence of the relevant circumstances, notify the executor in writing about the full or partial independent execution of the decision by the debtor,
- to report on the occurrence of circumstances that cause the mandatory suspension of executive actions,
- to notify about setting a postponement or installments of execution, changing the method and order of execution of the decision,
- to notify about a change of place of residence or stay (including a change of their registration) or location, and the debtor is a natural person - also about a change of place of work.
Paying attention! the specified requirements do not apply to persons deprived of personal freedom as a result of armed aggression against Ukraine, which is established in accordance with the Law of Ukraine "On social and legal protection of persons deprived of personal freedom as a result of armed aggression against Ukraine, and their family members" for the time being deprivation of a person's personal freedom.
The debtor in enforcement proceedings has a more extensive range of duties, namely he is obliged to:
1) refrain from taking actions that make it impossible or difficult to implement the decision;
2) admit the executor in accordance with the procedure established by law to housing and other possessions, premises and storage facilities belonging to him or used by him, in order to carry out executive actions;
3) for decisions of a property nature, submit to the executor within 5 days from the day of the opening of the enforcement proceedings a declaration of the debtor's income and property, including indicating the property that he owns jointly with other persons, information on current accounts, on property that is in pledge ( mortgage) or from other persons, or about funds and property belonging to him from other persons;
4) notify the executor of a change in the information specified in the declaration of income and property of the debtor no later than the next working day from the date of occurrence of the relevant circumstance;
5) appear in a timely manner at the request of the performer;
6) to provide explanations based on the facts of non-compliance with decisions or legal requirements of the executor or other violations of the requirements of the legislation on enforcement proceedings,
as well as other obligations stipulated by the decision that is being implemented.
Persons who filed a lawsuit on behalf of other persons (except the prosecutor) participate in enforcement proceedings and enjoy the rights of a party to enforcement proceedings opened at their request or at the request of another party in the case.
According to the executive document issued on the basis of a court decision in the case of a lawsuit filed by a member of a business partnership in the interests of the latter, the conclusion of a settlement agreement, the refusal of enforcement and the return of the executive document are possible only with the written consent of all persons who acted in the interests of the business partnership in the relevant case.
By providing legal services, a lawyer services or lawyer advice will help monitor compliance with all rights granted to participants in executive proceedings and, if necessary, create a court proceedings to protect the rights and interests of parties to executive proceedings. Specialists of the Legal Service "Consultant", professional consultation and support in executive proceedings, will provide legal services online if necessary.
