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Publication date: 30.04.2024
lawyer, 23 years of experience in enforcement.
In executive proceedings, the parties can exercise their rights and obligations both independently and through their authorized representatives.
Importantly! in cases where the debtor is obliged to perform certain actions personally, the personal participation of such debtor is mandatory.
Persons recognized as incompetent and minor children exercise their rights and fulfill obligations related to execution of executive proceedings, acting through their legal representatives.
Legal entities in executive proceedings are represented by their managers or bodies, officials acting within the limits of the powers granted to them by law or the constituent documents of the legal entity, or through representatives of the legal entity. A representative of a legal entity can be a person who, according to the information of the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations, has the right to act on behalf of such a legal entity without a power of attorney, in other cases, the powers of a legal entity representative must be confirmed by a power of attorney.
Representatives of executive proceedings enjoy all the rights of the person they represent and all procedural actions that such a person has the right to perform.
Data on the existence of restrictions on the representation of a legal entity, if any, are contained in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations or specified in the issued power of attorney.
The attorney's authority as a representative is confirmed by one of the following documents:
1) power of attorney;
2) a warrant issued in accordance with the Law of Ukraine "On Advocacy and Advocacy";
3) a mandate from a body or institution authorized by law to provide free legal aid, issued in accordance with the Law of Ukraine "On Free Legal Aid".
At the same time, the Legislation establishes a list of persons who cannot be representatives in executive proceedings, namely:
1) judges, investigators, prosecutors, employees of subdivisions that conduct operational and investigative activities, experts, specialists, translators, subjects of evaluation activities - business entities that act as participants in this executive proceeding, executors and assistants of private executors, except cases when they act as legal representatives or authorized persons of the relevant body that is a party to executive proceedings;
2) persons who do not have full civil legal capacity;
3) other persons who, in accordance with the current legislation, cannot perform such representation.
A lawyer or attorney providing legal services. lawyer services will provide professional representation in executive proceedings and will help monitor compliance with all rights granted by current legislation and, if necessary, create a court proceedings to protect the rights and interests of the parties to the executive process. Specialists of the Legal Service "Consultant" provide professional lawyer advice and support in executive proceedings, and if necessary, will provide legal services online or lawyer help online.
