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Publication date: 30.04.2024
lawyer, 23 years of experience in enforcement.
Enforced execution of decisions begins after the presentation to the bodies of the state executive service or a private executor of a package of documents for opening executive proceedings with the original executive document.
Please note that if only the original of the executive document is provided to the executor, then such proceedings will not be opened, since the legislation provides for legal grounds upon which the executor begins the execution of the decision.
Therefore, the enforcement of decisions begins on the basis of the original executive document, in the following cases:
- upon the debt collector's application to open enforcement proceedings;
- at the prosecutor's request, in cases where the prosecutor represented the interests of the state or a citizen in court;
- the executive document was received from the court in cases provided for by law;
- the executive document was received from the court on the basis of a decision to grant permission for the enforcement of a decision of a foreign court in the manner established by law;
- in cases where the executive document was received from the National Agency of Ukraine for identification, search and management of assets obtained from corruption and other crimes.
In the application for enforcement of the decision, the debt collector may indicate additional information that identifies the debtor or may contribute to the enforcement of the decision (this may include information about property, income, place of work or his location, etc.), accounts in banks, non-bank payment service providers for obtaining of the funds collected from the debtor, as well as the amount partially paid by the debtor, if partial payment is available. If an executive document on the collection of alimony is submitted for execution, it will be appropriate to indicate from which period the corresponding debt should be calculated.
Importantly! It is necessary to pay attention to the documents attached by the courts in cases of presentation of executive documents on confiscation of property, since the absence of such documents is a reason for returning the executive document without opening executive proceedings.
The list of documents necessary for the execution of decisions on confiscation of property:
1) for the execution of a decision on the confiscation of property in criminal proceedings - copies of the description of the property and the corresponding court decision. If there is no description of the property of the convicted person in the case, a certificate is sent stating that the description of the property was not carried out;
2) for the execution of the decision on the confiscation of property in accordance with the court's decision - a copy of the record of seizure of the property subject to confiscation, or a certificate of the absence of such property. After receiving a correctly executed package of documents on the initiation of enforcement proceedings, the executor shall make a decision on the initiation of enforcement proceedings no later than the next day after receiving the relevant application.
The debtor's obligation to pay the enforcement fee and enforcement costs is specified by the executor in the decision to open enforcement proceedings. In addition to the specified data, when executing decisions of a non-property nature, the executor also notes the need for the debtor to execute the decision within 10 working days (except for decisions that are subject to immediate execution and decisions on establishing visitation with the child).
In the case of execution of decisions on establishing visitation with the child, the state bailiff in the decision on opening executive proceedings notes the need for the debtor to comply with the decision by ensuring the debt collector visits with the child in the manner determined by the decision.
When the enforcement proceedings are opened, the seizure of the debtor's property and funds can be imposed immediately, together with the opening, especially in cases where such a request is indicated by the debt collector in the application for the opening of the enforcement proceedings.
I pay attention! That even in cases where the executor has seized the property at the time of opening, the debtor, in agreement with the debt collector, has the right to transfer such property to him or sell it and transfer the proceeds from its sale to the debt collector for the full or partial repayment of the debt under the enforcement document, without resorting to measures of coercion character.
At the same time, the implementation of this right is quite simple, but executors, in their majority, do not apply this provision of the Law, despite the fact that such an action will speed up the execution of the decision and reduce the costs of enforcement proceedings. Therefore, the timely help of a lawyer services of a lawyer helpcan save time and money, as well as ensure timely execution of the decision.
A qualified lawyer or lawyer of the Legal Service "Consultant" will provide a qualified legal analysis of the situation and help in drawing up the necessary documents. The services of a lawyer advice or the services of lawyers, when checking the legality of the opening of executive proceedings in such a category as confiscation of property, are quite essential, since debtors following decisions on confiscation of property in administrative cases enter the Unified Register of Debtors, and at the same time the decision has already been fulfilled by them. online assistance of a lawyer
