Execution of judgments (enforcement proceedings)

Enforcement proceedings - the final stage of the trial, in which to enforce rights, confirmed by the decision of the court. Executive production opened at the request of the claimant or Prosecutor. To the court's decision does not mean its completion. It is important that the court decision was executed.

Legal companies AGTL provides services in support of the enforcement proceedings, as for property and non-property types of performance.

Our services:

• consultations related to enforcement proceedings;

• to ensure the opening of the enforcement proceedings;

• representation of client's interests in enforcement proceedings;

• ensuring closure (stop) enforcement proceedings;

• to ensure the imposition or the lifting of the arrest;

• contestation of action (inaction) of Executive authorities in administrative and judicial order;

• recovery of damage caused by the actions of bailiffs;

• support and organization of the procedure of public bidding or challenging.

Beginning of enforcement of the decision.

The contractor starts the enforcement of the decision on the basis of Executive document that:

1) at the request of the claimant on compulsory execution of the decision;

2) at the request of the Prosecutor in the case of representation of interests of citizen or state in court;

3) according to the court, on making them the Executive document in the Unified state register of Executive documents - in the cases provided for by law;

4) according to the court, on making them the Executive document in the Unified state register of Executive documents on the basis of the decision to grant permission to enforce a foreign judgment (court of a foreign state, other competent authorities of foreign States, which have the authority to consideration of civil or economic Affairs, foreign or international arbitrations) in the manner prescribed by law;

5) if the Executive document presented for fulfillment of the National Agency of Ukraine on the identification, investigation and management of assets derived from corruption and other crimes.

If the Executive document is issued for multiple debtors, each debtor is served a separate statement.

The statement on compulsory execution of the decision the claimant is making

receipt of payment of the advance payment in the amount of 2 percent of the amount to be recovered, but not more than 10 times the minimum wage, and by the decision of the moral character and decisions on the claim in the amount of one minimum wage from the debtor - natural person in the amount of two minimum wages from the debtor - legal entity.

From payment of advance payment are exempt claimants on decisions about:

• the recovery of wages, reinstatement and other claims arising from employment relationships;
  
• calculation, appointment, recalculation, implementation, providing, and receiving pension payments, social payments to disabled citizens, payments on obligatory state social insurance, payments and privileges to children of war other social payments, additional payments, social services, assistance, protection, benefits;
  
• compensation for damage caused by injury or other impairment of health, as well as the death of a person;
  
• the recovery of alimony;
  
• compensation for material and / or moral harm caused by the criminal offence was committed.
  

From payment of advance payment are also exempt public authorities, war invalids, invalids I and II groups, legal representatives of disabled children and incapacitated disabled persons of I and II groups, citizens, categories 1 and 2 of persons affected by the Chernobyl disaster, in case of their appeal to the state Executive service.

In case of implementation of the decisions of the European court of human rights, the advance payment is not paid.

In a statement on compulsory execution of the decision, the claimant has the right to tell

information that identifies the debtor can facilitate enforcement of the decision (the account of the debtor, place of work or receipt of other income, a specific property of the debtor and his whereabouts, etc.), accounts in banking institutions for the receipt of funds collected from the debtor, and also indicates the amount that was partly paid by the debtor under the writ of execution, in the presence of partial payment.

1) in the case of execution of the decision on the confiscation of property in criminal proceedings - copy of inventory of property and court decision. In case of lack of inventory of the property of the convicted person shall be sent a certificate stating that the inventory was not carried out;

2) in the case of execution of the decision on the confiscation of property under court order - copy of Protocol of seizure of property subject to forfeiture, or certificate about absence of such property.

The contractor not later than the next working day from the date of receipt by him of a statement or report, stipulated by the first part of this article, gets in the Unified state register of Executive documents, the electronic copy of the Executive document and pass a resolution on opening of Executive production, in which specifies the obligation of the debtor to file a Declaration of income and property of the debtor, it warns the debtor of responsibility for the failure to submit such a Declaration or providing false information.

In the resolution on opening of Executive proceedings in the decision, the enforcement of which provides for collection Executive collection, bailiffs notes on collecting from the debtor fees in the amount established by article 27 of this Law.

The refusal to accept the Executive document to execution

The state Executive service, the private contractor refuses to accept the Executive document to execution, within three working days notify the claimant if

1) decisions on the basis of which issued the Executive document, has not entered into force (except when the decision in accordance with the law allowed for immediate implementation)

2) missed the statutory deadline for the submission of Executive documents for execution;

3) the debtor declared bankrupt;

4) the National Bank of Ukraine adopted a decision to revoke the banking license and liquidation of Bank-the debtor;

5) legal entity - debtor are terminated;

6) the Executive document does not meet the requirements of this article, or if the claimant has not submitted an application regarding compulsory execution of the decision;

7) execution of the decision does not provide for the application of measures of compulsory execution of decisions;

8) the claimant did not provide proof of payment of advance payment if the advance is required;

9) the Executive document is not enforceable by the state Executive service, the private contractor;

10) the Executive document not presented at the place of execution or not of jurisdiction;

11) the Executive document is missing in the Unified state register of Executive documents;

12) enforcement proceedings for compliance with the requirements in respect of which the claim is brought (the message), is already in execution in another state Executive service, a private contractor, the authority that implements the state policy in the field of Treasury servicing of budget funds;

13) the claimant withdrew its application regarding compulsory execution of the decision to open enforcement proceedings.

In case of refusal to accept the Executive document to execution is returned to the claimant paid the advance payment.

The message about the refusal to accept the Executive document for execution, the contractor shall send, within three working days from the date of receipt to it the Executive document to the claimant or in cases stipulated in this Law, the court, National Agency of Ukraine on identification, investigation and management of assets derived from corruption and other crimes.

According to the decision of non-property character performer in the resolution on initiation of Executive production notes about the necessity of the execution by the debtor of the decision within 10 working days (except for decisions subject to immediate execution).

If the statement of the creditor provided the account of the debtor in banks and other financial institutions, the contractor immediately after commencement of enforcement proceedings puts an arrest on the funds of the debtor.

If the statement of the creditor specified a specific debtor's property, the contractor immediately after commencement of enforcement proceedings in electronic checks of state databases and registers the ownership right or other property rights of the debtor such property and puts a lien on it. On other property of the debtor imposed by arrest.

If when you open Executive production by liens on property of the debtor, the debtor agreed with the creditor has the right to transfer to it such property or dispose of it and transmit the money from its sale to the claimant on account of full or partial debt repayment under a court order. In the case of a sale of the debtor's property, the buyer shall make payment for the property purchased at the expense of the state Executive service or private contractor. After the transfer of property to the creditor or making the buyer of funds to the state Executive service or private by the arrest of the sold property of the debtor is removed by order of the executor.

If the Executive document on collecting a debt is indicated, the accrual of interest or penalties to the date of execution of the decision, the contractor in the resolution on initiation of Executive production calculates the final amount of interest (penalties) according to the rules specified in the Executive document.

Before the end of enforcement proceedings the contractor at the request of the claimant lists the size of the final amount of interest (interest) to be recovered from the debtor, not later than the following day from the date of receipt by the claimant of such recalculation, and shall notify the debtor no later than the next day after the recalculation.

Appeal against decisions, actions or inaction of the performers and officials of bodies of state Executive service

Decisions, actions or omissions of the contractor and officials of bodies of state Executive service for execution of court decisions can be appealed by the parties, other participants and persons in the court which issued the Executive document, in the manner provided by law.

Decisions, actions or omissions of the contractor and officials of bodies of state Executive service for execution of decisions of other bodies (officials), including the resolutions of the state of the executor about collecting of performing gathering, the resolutions of the bailiff for the recovery of the basic remuneration, costs, enforcement and fines can be appealed by the parties, other participants and persons with the appropriate administrative court in the manner provided by law.

Decisions, actions or inactivity of state executor can also be appealed by the claimant and other participants of enforcement proceedings (other than debtor) to the head of Department who is directly subordinated to the state Executive. Decisions, actions and inaction of the head of Department who is directly subordinated to the state, the contractor may be appealed to the head of state Executive service of the highest level.

Head of Department, who is directly responsible to the state Executive in monitoring the decisions, actions of the state performer in the performance solutions has the right if they are contrary to the requirements of the law, its decision to cancel the decision or other procedural document (or part thereof) made in the enforcement state enforcement, to oblige the state executor to conduct enforcement actions in accordance with the procedure established by Law.

The head of Department who is directly subordinated to the state, the contractor, or the contractor on its own initiative or at the request of the parties to the enforcement proceedings can rectify the procedural documents issued in the enforcement proceedings, grammatical or arithmetic errors, which is to make the appropriate decision.

The head of the Supreme body of state Executive service in case of identification of violations of requirements of the law defines them of its decision and provides instructions to the head of Department who is directly subordinated to the state, the contractor, act pursuant to paragraphs second and third of this part.

The requirements for a complaint

The complaint in the enforcement proceedings is served only in writing and must contain:

1) the name of the state Executive service, in which it served;

2) full name (surname, name and patronymic) of the creditor and debtor, their place of residence or stay (for individuals) or location (for legal entities) and the name (surname, name and patronymic) representative of the parties of Executive proceedings, if the complaint is filed by a representative;

3) requisites of the Executive document (type of document, name of issuing body, date of issue and number of the document, its operative part);

4) the content of the contested decisions, actions or inaction, and links to an excited position;

5) a statement of the facts which the appellant substantiates their claims;

6) the signature of the applicant or his representative indicating the date of filing of the complaint.

Term appeal

Decisions and actions of the contractor, officials of bodies of state Executive service for execution of court decisions can be appealed within 10 working days from the day when the person learned or should have learned about violation of his rights, freedoms or legitimate interests. The contractor decides to postpone enforcement proceedings may be appealed within three working days from the day when the person learned or should have learned about violation of his rights, freedoms or legitimate interests.