Publication date: 30.05.2024
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Enforcement proceedings for debt collection in Ukraine are a part of civil procedural law and are intended to ensure the execution of court verdicts, court decisions and orders, executive letters and other decisions of bodies authorized to resolve civil legal cases. Here are the main steps of enforcement proceedings in Ukraine:
1. Obtaining an executive document: An executive document can be a court verdict, a court decision or resolution, a writ of execution or another document that contains a requirement to perform certain actions or pay a certain amount of money.
2. Submission of an application for execution: The creditor submits an application for execution to the relevant executive body. This application specifies the details of the executive document and other necessary information.
3. Executive actions: The executive body issues an executive letter or other decision that gives the creditor the right to take executive actions, such as confiscation of the debtor's property, arrears of wages, blocking of bank accounts, etc.
4. Execution of the decision: The debtor has a certain period of time to implement the decision of the executive body. If he does not fulfill the requirements of the executive document, the executive body can take executive actions to collect the debt.
5. Completion of executive proceedings: Executive proceedings are completed after full compliance with the requirements of the executive document. If the debtor complies with the decision, the proceedings are terminated. In case of non-execution of the decision, the creditor may submit further applications for implementation of executive actions.
Enforcement proceedings in Ukraine are regulated by the Civil Procedure Code of Ukraine and other normative legal acts.It is important to take into account all the requirements of the law and take all the necessary actions in a timely manner to ensure the effective implementation of executive decisions.
The procedure for collecting debt by the executive service. Forcible collection of debt under a credit agreement in Ukraine can be carried out through the executive process. Here are the main steps of this process:
1. Executive letter or court decision: The creditor can obtain an executive letter for debt collection or a court decision recognizing the right to the debt. These documents entitle the creditor to apply to the executive body for enforcement actions.
2. Application to the executive body: The creditor submits an application to the executive body (most often to the department of executive proceedings of the local executive service), where the amount of the debt and grounds for recovery are indicated.
3. Executive actions: After receiving the application, the executive body takes appropriate measures to collect the debt. This may include confiscation of the debtor's property, arrears of wages, blocking of bank accounts and other measures.
4. Execution of the decision: The debtor has a certain period of time to fulfill the requirements of the executive document. If he does not fulfill the requirements of the executive body, the latter can take executive actions to collect the debt.
5. Completion of executive proceedings: Executive proceedings are completed after full compliance with the requirements of the executive document. If the debtor complies with the decision, the proceedings are terminated. In case of non-execution of the decision, the creditor may submit further applications for implementation of executive actions.
It is important to note that enforcement actions are subject to strict rules and procedures established by law.Also, the debtor has the right to protect his interests and can challenge executive actions in court.
A claim for debt collection may be filed in court in cases where the debtor does not fulfill his obligations to repay the debt under a credit agreement or other agreement. Filing a lawsuit is usually the last step after an unsuccessful attempt to settle a case through an out-of-court settlement.
The term for filing a claim is determined by the legislation of the country and depends on the specific circumstances of the case. Usually, lawsuits are filed within the period specified by law after the grounds for their filing have arisen. In many jurisdictions this period can be several years, but it is best to file as soon as possible after the breach of the agreement to avoid delays.
The exact deadline for filing a claim may vary depending on the specific situation, so it is recommended to consult legal advisors or attorneys with experience in this area and knowledge of the relevant legislation. They will be able to provide specific advice on the timing and procedures for filing claims.
