Publication date: 30.04.2024
lawyer, 23 years of experience in enforcement.
The Law of Ukraine "On Enforcement Proceedings" (hereinafter - the Law) clearly regulates the issue of termination of enforcement proceedings and provides a number of grounds for such an action, as well as the consequences of termination of enforcement proceedings on the grounds provided for in Article 39 of the Law.
The grounds for the termination of executive proceedings are:
1) recognition by the court of the debt collector's refusal to enforce the court decision;
2) approval by the court of the settlement agreement concluded by the parties during execution;
3) termination of a legal entity - a party to enforcement proceedings, in the event of lack of legal succession, or death, declaration of death or recognition as missing of a debt collector or debtor of a natural person;
4) adoption by the National Bank of Ukraine of a decision to revoke a banking license and liquidate a bank that is a debtor under enforcement proceedings;
5) annulment or invalidation of a decision that is being executed, as well as recognition by the court of an executive document as unenforceable;
6) the debt collector's written refusal to receive the items seized from the debtor during the execution of the decision to hand them over to the debt collector, or the destruction of the thing that must be handed over to the debt collector in kind or removed for a fee;
7) expiration of the term provided for by law for the corresponding type of collection, except in the case of debt from the collection of relevant payments;
9) actual execution of the executive document;
10) return of the executive document without execution at the request of the court or other body (official) that issued the executive document;
11) sending an executive document to the court that issued it, in the case of sending a notification about the commission of a crime to law enforcement agencies in the execution of decisions of a non-property nature;
12) in case of actual implementation of the decision during the implementation of the decision of the European Court of Human Rights;
13) non-presentation of an executive document for resumed executive proceedings;
14) if the funds collected from the debtor in full are not claimed by the debt collector during the year;
15) if the funds received from the sale of the pledged property are not sufficient to satisfy the requirements of the debt collector - the mortgagee, as well as if the property that is the subject of the mortgage was transferred to the mortgagee or acquired by him in accordance with the current legislation;
16) settlement (repayment, write-off) in accordance with the Law of Ukraine "On Measures Aimed at Settlement of Debts of Heat Supply and Heat-Generating Organizations and Centralized Water Supply and Sewerage Enterprises" of fines (fines, penalties), other fines, financial sanctions, for consumed electric energy that were subject to execution;
17) write-off in accordance with clauses 2-3, 2-4 and sub-clause 26.2 of clause 26 of subsection 10 of chapter XX of the Tax Code of Ukraine in the full amount of tax debt (including fines and penalties) that were subject to execution on the basis of an executive document; (the specified norm applies to executive documents on the collection of tax debt)
18) write-off in accordance with clauses 9-15 of Chapter VIII of the Law of Ukraine "On the collection and accounting of a single contribution to mandatory state social insurance" of arrears from the payment of a single social contribution to mandatory state social insurance (including fines and penalties ), which were subject to execution on the basis of an executive document; (the specified rule applies to tax requirements for collection of arrears under the ESR)
19) adoption by the Federal Financial Supervisory Authority of Ukraine of a decision to start the liquidation procedure of the debtor bank;
19-1) if, according to 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 the decision, the executive document is not subject to execution or obligations placed on the debtor by the executive document are subject to termination regardless of the date of conclusion of such an agreement;
19-2) settlement (repayment, write-off) in accordance with the Law of Ukraine "On measures aimed at overcoming crisis phenomena and ensuring financial stability in the natural gas market" of penalties (fines, penalties), other fines, financial sanctions, etc. charged to the debt of participants debt settlement procedures;
20) settlement (repayment, write-off) of debt by the operator of the gas distribution system in accordance with the Law of Ukraine "On measures aimed at overcoming crisis phenomena and ensuring financial stability in the natural gas market";
In the presence of the above grounds, the executor must end the enforcement proceedings on the day of occurrence of such circumstances or on the day when the executor became aware of such circumstances.
Consequences of the termination of executive proceedings on the grounds provided for in Article 39 of the Law of Ukraine "On Executive Proceedings":
In the case of the end of enforcement proceedings and the return of the enforcement document to the court that issued it, the arrest imposed on the property or funds of the debtor is removed, information about the debtor is excluded from the Unified register of debtors, other measures taken by the executor are canceled, and other necessary actions are carried out in connection with the end of executive proceedings.
Paying attention! Seizures are not removed and measures of compulsory sequestration are not stopped in the case of execution of a court decision issued in order to secure a claim or take precautionary measures, as well as, in case of non-collection of the executive fee or costs of the executive proceedings, non-collection of the main remuneration by the private executor.
Enforcement proceedings, in respect of which a resolution on its termination has been issued, cannot be started again.
At the end of enforcement proceedings on the grounds provided for in clauses 1, 2, 4, 6, 9, 11, 14 and 15 of Article 39 of the Law of Ukraine "On Enforcement Proceedings", if the enforcement fee has not been collected, the state bailiff no later than the next working day from the day of the end of the executive proceedings, issues a resolution on the collection of the executive fee, which is executed in accordance with the procedure established by this Law.
A qualified lawyer or lawyer of the Legal Service "Consultant" will provide a professional legal analysis of the situation and help draw up the necessary statement for the execution of the executive document, as well as prepare the necessary package of documents for submission to the executors. The lawyer advice or the lawyer services are quite essential when deciding the issue of completion of executive proceedings, since executors usually forget to take actions to remove arrests on the grounds established by law, which may lead to an incomplete court proceedings in the future.
