Publication date: 06.07.2024
Executive Service: Legal status, functions and activities
Introduction
The Bailiffs' Service is an important element of the Ukrainian justice system, ensuring the enforcement of court decisions and other enforcement documents. Its activities are aimed at ensuring justice and observance of the law by enforcing decisions of courts and other authorities. In this article, we will examine the legal status of the SES, its functions, structure, operating procedures, rights and obligations of its employees, as well as its interaction with other authorities and society.
Legal framework
The legal status, functions and powers of the SES are determined by a number of legal acts, the main ones being
- TheConstitution of Ukraine, which guarantees the right to protect the rights and freedoms of citizens.
- TheLaw of Ukraine "On Enforcement Proceedings " - defines the legal status, tasks, functions and organisation of the Bailiffs' Service.
- TheCivil Procedure Code of Ukraine - regulates the procedural aspects of the enforcement of court decisions in civil cases.
- The CommercialProcedure Code of Ukraine regulates the procedural aspects of the enforcement of judgments in commercial cases.
- TheCode of Administrative Procedure of Ukraine - regulates the procedural aspects of the enforcement of decisions in administrative cases.
- Other regulations - includes bylaws and resolutions of the Cabinet of Ministers of Ukraine that regulate the details of the functioning of the SES.
The main tasks and functions of the SES are as follows
1. Enforcement of court decisions
The Enforcement Service ensures the enforcement of court decisions in civil, commercial, administrative and criminal cases. This includes enforcement of decisions on debt collection, compensation for damages, forced eviction, confiscation of property, etc.
2. Enforcement of other enforcement documents
In addition to court decisions, the Bailiffs' Service enforces other enforcement documents, such as arbitration court decisions, notarised debt collection agreements, administrative penalties, resolutions of public authorities, etc.
3. Protection of creditors' rights
The Enforcement Service promotes the protection of creditors' rights by ensuring the enforcement of decisions on debt collection, compensation for damages and other financial obligations.
4. Protection of the rights of debtors
The Enforcement Service also protects the rights of debtors by adhering to the principles of legality, fairness and proportionality in the enforcement of decisions.
Structure of the SES
The SES has an extensive structure, which includes a central office, regional and local divisions. The main structural units of the SES are as follows:
- Central Office: Consists of the management of the service, operational units, enforcement units, as well as administrative and support units.
- Regional offices: Located in regional centres and performing the functions of the SES at the regional level.
- Local departments: Located in district centres and large cities, they perform the functions of the executive service at the local level.
Rights and obligations of employees of the executive service
The rights of employees of the executive service
- Theright to access information: Bailiffs have the right to access information and documents necessary for the performance of their duties.
- Theright to use coercive measures: Employees of the SES have the right to use coercive measures provided for by law to enforce court decisions and other enforcement documents.
- Theright to social guarantees: Employees of the SES are entitled to social guarantees, including pensions, health insurance and other social benefits.
- Right to protection of professional activities: Employees of the SES have the right to protection of their professional activities from unlawful actions by third parties.
Duties of the SES employees
- Compliance with the law: Employees of the SES are obliged to act in accordance with the laws of Ukraine, international treaties and other regulations.
- Protection of the rights and freedoms of citizens: Employees of the SES must protect the rights and freedoms of citizens and ensure their social support and assistance.
- Maintainingconfidentiality: Employees of the SES are obliged to keep confidential information obtained in the course of performing their duties.
- Proper informing of citizens: Employees of the SES must provide citizens with full information about their rights, obligations and opportunities for social support.
Procedure for the operation of the SES
1. Acceptance of the enforcement document for execution
Upon receipt of an enforcement document, the Bailiffs' Service opens enforcement proceedings. This includes registering the document, checking its compliance with the requirements of the law and making a decision to open enforcement proceedings.
2. Notifying the parties of the opening of enforcement proceedings
The Enforcement Service notifies the parties to the enforcement proceedings (creditor and debtor) of the initiation of the enforcement proceedings, their subject matter and the timeframe for their execution. The parties have the right to submit applications, objections and other procedural documents.
3. Taking enforcement measures
The Enforcement Service applies enforcement measures provided for by law, in particular
- Seizure of the debtor's property.
- Seizure and sale of property.
- Recovery of funds from the debtor's accounts.
- Restriction of the debtor's rights (for example, restriction of the right to travel abroad).
4. Decisions on the termination of enforcement proceedings
Upon execution of the writ of execution, the Bailiffs' Service makes a decision to terminate the enforcement proceedings and notifies the parties of its completion. If it is not possible to enforce the decision, the Bailiffs' Service may decide to close the enforcement proceedings.
Interaction of the SES with other authorities and society
1. Interaction with the judiciary
The SES works closely with the judiciary to ensure the enforcement of court decisions and other enforcement documents. This includes interaction with judges, court registries and other judicial bodies.
2. Interaction with local authorities
The Enforcement Service cooperates with local self-government bodies, in particular in matters of enforcement of decisions on the collection of taxes, fees and other mandatory payments, as well as in matters of social protection of citizens.So, whether you need a lawyer's advice or a lawyer's advice, it doesn't matter. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
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