Publication date: 02.05.2024
lawyer, 23 years of experience in enforcement.
One of the categories of court decisions subject to execution is the moving in or eviction of debtors from residential or non-residential premises. The procedure for the execution of such decisions is provided for in Articles 66 and 67 of the Law of Ukraine "On Executive Proceedings".
After the court decision on occupancy or eviction of the debtor from any premises has entered into force, the debtor must apply to the court and obtain a writ of execution, which is presented for enforcement to the state executive service at the place of execution of such decision.
I pay attention! If, according to a court decision, it is necessary to move in or evict several people from the premises, or according to such decisions, there are several debt collectors, or it is necessary to evict or move from several premises, then executive letters must be obtained for each debtor or debt collector, or a separate premises. For example, if a family consisting of three people needs to be evicted from the premises, then there must be three execution letters.
Importantly! Decisions on occupancy or eviction are carried out exclusively by the bodies of the state executive service. Private executors do not have the right to implement such decisions.
Start of enforcement:
After presenting the writ of execution for execution, the state executor must open enforcement proceedings no later than the next working day, and in the event that the documents submitted for execution do not meet the requirements of the current legislation, within three working days, return the documents to the debt collector without opening enforcement proceedings .
When opening executive proceedings, the executor sets a 10-day deadline for the debtor to comply with the court decision, after which, on the next working day, he must check whether the debtor has complied with the court decision.
Simultaneously with the opening of executive proceedings, the state executor is obliged to issue resolutions on the collection of minimum costs of the executive proceedings and a resolution on the collection of the executive fee, for each writ of execution separately.
The executive fee for this category of cases is fixed, namely: for individuals it is two minimum wages (as of April 1, 2024 – UAH 16,000) for legal entities – four minimum wages (as of April 1, 2024 – UAH 32,000). In this category of cases, the enforcement fee may be appealed and not paid if, at the time of opening of the enforcement proceedings, the debtor has already complied with the court's decision.
In the event of non-execution of the executive document on its own, the state executor begins its enforcement by compulsion, which consists of the following:
The executor appoints the day and time of enforcement of decisions, thereby providing the debtor with an additional term for the implementation of the decision. As a rule, the executor grants such an additional deadline for execution twice, but for each failure to comply with the court decision, the executor brings the debtor to administrative responsibility, in the form of a fine.
The first fine for non-compliance with the court decision is UAH 1,700 for individuals, UAH 5,100 for legal entities, the second fine is UAH 3,400 for individuals, and UAH 10,200 for legal entities.
Importantly! Forced occupancy or eviction may be carried out without the participation of the debtor, if the debtor has been properly notified of the date and time of enforcement of the decision. Forced eviction or resettlement of debtors takes place exclusively with the participation of law enforcement officers and witnesses.
The absence of the debtor (properly notified) does not prevent the enforcement of decisions of the specified category, since the decision can be implemented without the participation of the debtor. In such cases, executors usually entrust the organization of such execution to the debt collector, and in the event that the debt collector refuses to organize execution, or does not appear for execution, the executor can complete the enforcement proceedings and return the enforcement document to the debt collector without further execution, in in connection with the hindrance of the latter in carrying out executive actions. Such performance is possible due to the fact that during moving in or eviction, if the debtor's property is available, an inventory of such property must be made, which has been handed over to a person appointed by the state executor for safekeeping.
Peculiarities in execution of eviction decisions:
The premises may be evicted, including the person specified in the court decision, and accordingly, the eviction of other persons related to the debtor, but not specified in the court decision, is not allowed.
Peculiarities in the execution of decisions on occupancy:
When the debt collector is moved to the appropriate premises, in cases where the debtor after the execution of the decision continues to prevent the debt collector from living or staying in the premises where he was moved, enforcement proceedings may be resumed upon a corresponding application. At the same time, if the debt collector is prevented from living or staying in the relevant premises by other persons, such proceedings are not subject to renewal.
Therefore, if there are decisions of such a category as moving in or eviction, the help of a lawyer is essential for both the debt collector and the debtor, because after going through, as a rule, a complex court proceedings, the implementation of such decisions is no less difficult. A lawyer or advocate will provide legal services during such executions that will help preserve and protect the rights of both the debt collector or the debtor and other persons who are in one way or another connected with the parties to the enforcement proceedings. It is possible to get a lawyer advice or lawyer services at the "Consultat" legal service, and accordingly, the managers will select a specialist who will help provide support in the execution of this category of cases.
