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Publication date: 30.04.2024
lawyer, 23 years of experience in enforcement.
According to the Law of Ukraine "On Enforcement Proceedings", among the participants of enforcement proceedings there are persons who have no personal interest in the results of enforcement proceedings. Such persons are: experts, specialists, subjects of evaluation activity - economic subjects.
Experts, specialists, subjects of appraisal activity - economic subjects are involved in the implementation of executive proceedings to find out and clarify issues that arise during the implementation of executive proceedings and require special knowledge, in cases of property evaluation, subjects are involved evaluation activity - business entities
In order to attract the appropriate specialist, the executor must issue a resolution, appointing an expert or specialist, subject of evaluation activity - a business entity, a translator, which specifies the questions on which these persons must provide a written opinion (report), or in which language carry out a translation, or the type and characteristics of the property that needs to be identified, evaluated, etc., the terms of the relevant actions.
If necessary, the executor or the parties may request an interpreter. The translator can be any competent person who knows the languages, the knowledge of which is necessary for translation. To a person who needs the services of an interpreter, the performer provides a deadline for his invitation, but no more than 10 working days. If the specified person does not ensure the participation of the translator within the specified period, the executor may appoint him by resolution.
Deadlines for producing reports and conclusions:
The expert or specialist is obliged to provide a written opinion, and the subject of the evaluation activity - the business entity - a written report on the issues contained in the resolution, within 15 working days from the date of familiarization with the executive's resolution. This term can be extended up to 30 working days upon agreement with the contractor.
Responsibilities of an expert or specialist, subject of evaluation activity - business entity, translator:
An expert or a specialist, a subject of evaluation activity - a business entity, a translator bear responsibility in accordance with the procedure established by law, which must be specified in the relevant resolution and indicate a warning in which cases such responsibility arises, namely:
- to an expert - for refusing without valid reasons to perform the duties assigned to him during enforcement proceedings, providing a knowingly false opinion during enforcement proceedings;
- subject of evaluation activity - business entity (appraiser) - for unreliable or biased assessment of property;
- the translator - for making a known incorrect translation during enforcement proceedings, as well as for refusing without valid reasons to perform the duties assigned to him during enforcement proceedings.
An expert shall be criminally liable for refusing without valid reasons to perform the duties assigned to him during enforcement proceedings and providing a knowingly false opinion during enforcement proceedings. Damages caused to the parties as a result of the issuance of a knowingly false opinion are subject to compensation in accordance with the procedure established by law. For an unreliable or biased assessment of property, the subject of the assessment activity - the business entity is liable in accordance with the procedure established by law, and the appraiser is criminally liable. Such persons must be warned by the executor about the onset of liability.
The translator bears criminal responsibility for knowingly incorrect translation during enforcement proceedings, as well as for refusing without valid reasons to perform the duties assigned to him during enforcement proceedings, for which he must be warned by the executor.
Payment for the services of an expert, a specialist and a subject of evaluation activity - a business entity and a translator:
An expert, a specialist and a subject of evaluation activity - a business entity and a translator have the right to remuneration for the services provided by them. Remuneration and other expenses related to conducting an examination, providing a specialist's opinion or report, as well as the services of an interpreter, belong to the expenses of executive proceedings.
By providing legal services, lawyer services, a lawyer or attorney 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. Legal Service "Consultant" will provide a suitable specialist for professional consultation and support in enforcement proceedings, if necessary, will provide online legal services, online assistance of a lawyer.
