Publication date: 11.06.2024
active and purposeful military lawyer with more than 4 years of experience
Perhaps you are interested in Executive proceedings - this is the process of enforcement of court decisions and decisions of other bodies (officials).
Its purpose is to ensure the fulfillment of the requirements set forth in these decisions. Enforcement proceedings are conducted on the grounds, within the limits of authority and in the manner determined by legislation.
In order to close the executive proceedings, it is necessary to have grounds provided by law. The main reasons for closing executive proceedings include:
Recognition by the court of the debt collector's refusal to enforce the court decision.
Court approval of the settlement agreement concluded by the parties in the process of execution of the decision.
Termination of a legal entity - a party to enforcement proceedings, if the performance of its duties or requirements in enforcement proceedings does not allow succession, death, declaration of death or recognition as missing of the debt collector or debtor.
Adoption by the National Bank of Ukraine of a decision to revoke the banking license and liquidate the debtor bank.
Cancellation or invalidation of the decision on the basis of which the executive document was issued, or recognition by the court of the executive document as unenforceable.
The debt collector's written refusal to receive items seized from the debtor during the execution of the decision.
Expiration of the term prescribed by law for the corresponding type of penalty.
Actual full implementation of the decision in accordance with the executive document.
Return of the executive document without execution at the request of the court or other body (official) that issued the executive document.Sending an executive document to the court that issued it, in the case provided for by law.
If the decision is actually executed during the implementation of the decision of the European Court of Human Rights.
Failure to submit an executive document for resumed executive proceedings within the time limits specified by law.
To close executive proceedings, it is necessary to appeal. Executive proceedings are the process of enforcement of court decisions and decisions of other bodies (officials). Its purpose is to ensure the fulfillment of the requirements set forth in these decisions. Enforcement proceedings are conducted on the basis of the Law of Ukraine "On Enforcement Proceedings" and other regulatory legal acts.
In order to close executive proceedings, it is necessary to have the grounds stipulated by the Law of Ukraine "On Executive Proceedings". The main grounds for closing executive proceedings include:
Recognition by the court of the debt collector's refusal to enforce the court decision.
Court approval of the settlement agreement concluded by the parties in the process of execution of the decision.
Termination of a legal entity - a party to enforcement proceedings, if the fulfillment of its duties or requirements in enforcement proceedings does not allow succession, death, declaration of death or recognition as missing of the debt collector or debtor.
Adoption by the National Bank of Ukraine of a decision to revoke the banking license and liquidate the debtor bank.
Cancellation or invalidation of the decision on the basis of which the executive document was issued, or recognition by the court of the executive document as unenforceable.
The debt collector's written refusal to receive items seized from the debtor during the execution of the decision.Expiration of the term prescribed by law for the corresponding type of penalty.
Actual full implementation of the decision in accordance with the executive document.
Return of the executive document without execution at the request of the court or other body (official) that issued the executive document.
Sending an executive document to the court that issued it, in the case provided for by law.
If the decision is actually executed during the implementation of the decision of the European Court of Human Rights.
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