Publication date: 30.04.2024
lawyer, 23 years of experience in enforcement.
At any stage of execution of executive documents, there may be grounds for returning the executive document to the levy without further execution. This type of completion of executive proceedings entails the corresponding consequences.
The grounds for returning an executive document are provided for in Article 37 of the Law of Ukraine "On Executive Proceedings", namely:
1) return based on the debt collector's application;
2) the debtor has no property that can be foreclosed upon;
3) the debt collector's refusal to retain the debtor's property that was not sold, in the absence of other property that can be levied;
4) the debt collector obstructs the implementation of executive actions or refuses to advance expenses if necessary;
5) as a result of the measures taken by the executor, it is impossible to find the debtor or establish his location (except for executive documents on the collection of alimony, compensation for damage caused by mutilation, removal of a child, executive documents for which funds or property can be collected, as well as executive documents that can be executed without the participation of the debtor);
6) the debtor does not have property that, according to the court's decision, must be transferred in kind;
7) the debtor, or the debtor's property, which has been declared wanted, cannot be found within a year from the moment of the announcement of such a search (except executive documents on the collection of alimony, compensation for damage caused by mutilation, and the removal of a child);
8) the postponement of execution of the decision granted by the court has not expired;
9) the law prohibits the enforcement of the debtor's property or funds, or the prohibition on enforcement actions against such a debtor, which excludes the possibility of executing the corresponding decision;
10) there is no consent to substitute a private executor in cases established by the current legislation;
11) introduction of a temporary administration of the debtor bank, except for decisions of a non-property nature.
Please note that upon return of the executive document on the grounds provided for in clauses 1, 3 and 11 of Article 37 of the Law of Ukraine "On Executive Proceedings", the executor shall remove the arrests that were imposed during the execution of the executive proceedings.
At the same time, when an executive document is returned on the grounds provided for in clauses 1, 3, 4, 6 of Article 37 of the Law of Ukraine "On Executive Proceedings", in the event that the executive fee and costs of the executive proceedings were not collected during execution, then such resolutions are issued in a separate executive proceedings and are carried out in general order.
The return of the executive debt on the grounds provided for in Article 37 of the Law of Ukraine "On Executive Proceedings" does not deprive the right to re-presentment for execution, except for the following cases:
- the executive document is not enforceable;
- obligations imposed on the debtor by the executive document are subject to termination in accordance with the terms of the dispute settlement agreement (settlement agreement) concluded between a foreign entity and the state of Ukraine at any stage of dispute settlement or case consideration, including the stage of recognition and execution of decisions, regardless of the date of conclusion of such agreement.
A qualified attorney or lawyer services of the Legal Service "Consultant" will make a qualified legal analysis of the situation, provide legal services and help to prepare the necessary application for the return of the executive document and prepare the relevant package of documents. The services of a lawyer or the services of lawyers are quite essential when deciding the issue of completion of enforcement proceedings, since executors quite often forget to take actions regarding the removal of arrests on the grounds established by law, which in the future may entail a court proceedings, which will help to avoid timely lawyer's advice.
