Publication date: 30.04.2024
lawyer, 23 years of experience in enforcement.
Involvement of witnesses, police officers, representatives of guardianship and guardianship bodies, other bodies and institutions in executive proceedings.
Executive actions in which the presence of witnesses is mandatory:
- during inventory, seizure, seizure and transfer of property.
- in case of seizure of cash and property belonging to the debtor from other persons;
- in the absence of the debtor, or his representative during execution of enforcement actions related to forced entry to land plots, to non-residential premises and storage facilities where the debtor's property or the debt collector's property is stored, which must be returned to him in kind;
- forced entry into housing, other possessions of a person to ensure forced execution of decisions on eviction or occupancy;
Requirements for witnesses:
- any persons with legal capacity who do not have a personal interest in performing executive actions and are not related to each other or to the participants in the executive proceedings by family ties, as well as subordinates of the participants in the executive proceedings
The number of witnesses during execution of executive actions cannot be less than two persons.
Rights of witnesses:
- has the right to know for which executive actions he is invited to participate, on the basis of which executive document they are conducted;
- to make comments regarding the implementation of executive actions, such comments are subject to entry in the act of the corresponding executive action.
Obligations of witnesses:
Subjects are obliged to testify to the fact, content and results of executive actions during which he was present. Before starting executive actions, the executor shall explain to the parties their rights and obligations, as stated in the act.
Involvement of guardianship and care authorities:
When implementing decisions on the removal and transfer of a child, as well as when it is necessary to ensure the rights and interests of children and disabled persons who need guardianship (guardianship), the executor must involve guardianship and guardianship authorities in accordance with the powers assigned to them.
Involvement of police officers:
In the implementation of decisions to ensure public safety and order, prevention and termination of criminal and administrative offenses, taking measures aimed at eliminating threats to the life and health of executors, natural persons, which arose during the implementation of executive actions regarding the enforcement of court decisions and decisions of other bodies on the basis of a reasoned resolution of the executor, police officers are involved within the limits of their powers.
If necessary, the executor has the right to involve business entities to carry out or organize executive actions.
For the purpose of full and timely implementation of executive proceedings and implementation of executive actions, the executor, by his resolution, may involve other bodies, enterprises, institutions, organizations, officials, business entities or individuals, in the event that their presence can contribute to timely and complete implementation solutions If necessary, the executor has the right to involve in order to carry out or organize executive actions.
Before starting enforcement actions, the executor is obliged to orally explain to the persons involved in the enforcement of decisions their rights and obligations, as stated in the act.
By providing legal services, a lawyer or an attorney will help monitor compliance with all rights granted to participants in executive proceedings and, if necessary, create a court proceedings and challenge illegal actions that have resulted in the violation of rights. Legal Service "Consultant" will provide a suitable specialist for professional advice and support in enforcement proceedings, if necessary, will provide lawyer advice or lawyer services online.
