Execution of court decisions (executive proceedings)
Execution of court decisions, executive proceedings – the final stage of the trial, in which the rights confirmed by the court’s decision are enforced. Executive proceedings are opened on the application of the prosecutor or the prosecutor. Getting a court order doesn’t mean it’s over. It is important that the court’s decision is implemented.
The law firm AGTL provides services to accompany the executive proceedings, both for property and non-property types of execution.
Advice related to executive production
Ensuring the opening of executive proceedings
Representing the client in executive proceedings
Ensuring the closure (stop) of executive production;
Ensuring the imposition or removal of the arrest;
Challenging the actions (inactions) of the executive branch in administrative and judicial proceedings;
Recovery of damages caused by the actions of the bailiffs;
Accompanying and organizing a public bidding process or challenging them.
The beginning of enforcement of the decision.
The executor begins enforcement of the decision on the basis of the executive document,
1) on the request of the claimant for enforcement of the decision;
2) according to the prosecutor’s statement in the case of representing the interests of a citizen or state in court;
3) according to the court’s report on the introduction of an executive document to the Single State Register of Executive Documents – in cases provided by law;
4) according to the court’s report on the introduction of the executive document to the Single State Register of Executive Documents on the basis of an order granting permission to enforce the decision of a foreign court (a court of a foreign state, other competent bodies of a foreign state, whose powers include consideration of civil or economic affairs, foreign or international arbitrations) in accordance with the law;
5) if the executive document is submitted to the National Agency for the Detection, Investigation and Management of Assets Obtained from Corruption and Other Crimes.
If the executive document is issued for several debtors, a separate application is filed for each debtor.
The claimant attaches to the application for enforcement of the decision
receipt for the payment of an advance contribution of 2 per cent of the amount to be recovered, but not more than 10 minimum wages, but by the decision of a non-property nature and decisions to enforce a claim – the amount of one minimum wage from the debtor – an individual and the amount of two minimum wages from the debtor – a legal entity.
Collectors of decisions on:
- recovery of wages, reinstatement at work and other requirements arising from employment relations;
- calculations, appointment, recalculation, implementation, provision, receipt of pension payments, social payments to disabled citizens, payments under compulsory state social insurance, payments and benefits to children of war, other social payments, co-payments, social services, assistance, protection, benefits;
- Reimbursement of injury or other damage to health, as well as the death of an individual;
- Recovery of child support;
- compensation for property and/or moral damage caused by a criminal offence.
Public authorities, war disabled persons, persons with disabilities of the first and second groups, legal representatives of children with disabilities and disabled persons of the first and second groups, citizens classified as persons in the categories 1 and 2 persons affected by the Chernobyl disaster, if they apply to the public executive service, are also exempt from payment of the advance fee.
If the European Court of Human Rights has complied with the decision, the down payment is not paid.
In the application for enforcement of the decision, the claimant has the right to specify
information identifying the debtor may facilitate the enforcement of the decision (the debtor’s account, place of work or other income, the debtor’s specific property and location, etc.), bank accounts to obtain funds from the debtor, and indicates the amount that is partially paid by the debtor on the executive document, if there is a partial payment.
At the time of the presentation of the executive document,:
1) in the case of the execution of the decision to confiscate property in criminal proceedings – copies of the inventory of property and the relevant court decision. In the absence of a certificate in the case of the convict’s property, a certificate is sent stating that the inventory of the property was not carried out;
2) in the case of the execution of the decision to confiscate property in accordance with the court order – a copy of the protocol for the seizure of property to be confiscated, or a certificate of absence of such property.
The executor, no later than the next working day from the date of receipt of the application or communication provided for by part of the first article, receives an electronic copy of the executive document in the Unified State Register of Executive Documents and makes an order on the opening of the executive proceeding, which indicates the obligation of the debtor to file a declaration on the debtor’s income and property, warns the debtor of liability for failure to submit such a declaration or the introduction of false information into it.
In the order to open an executive proceeding on a decision, the enforcement of which provides for the collection of executive fees, the state executor notes the recovery of the debtor’s executive fee in the amount established by article 27 of this Act.
Refusal to accept the executive document to be implemented
The public executive body, the private executor refuses to accept the executive document for execution, which for three working days informs the collector in case
1) The decision on the basis of which the executive document is issued has not entered into legal force (except when the decision is allowed to be executed immediately in accordance with the law)
2) Missed the statutory deadline for the presentation of an executive document to execution;
3) the debtor is declared bankrupt;
4) The National Bank of Ukraine has decided to revoke the banking license and liquidate the debtor bank;
5) The legal entity – the debtor terminated;
6) The executive document does not meet the requirements of this article, or if the claimant has not applied for enforcement of the decision;
7) Enforcement of the decision does not provide for the application of enforcement measures;
8) The claimant did not provide proof of payment of the advance fee if the advance is mandatory;
9) The executive document is not subject to execution by the public executive service, the private executor;
10) The executive document is not presented at the place of execution or not under the jurisdiction;
11) The executive document is not in the Single State Register of Executive Documents;
12) the executive proceedings for fulfilling the requirements for which the application (message) is already performed in another body of the public executive service, the private executor, the body implementing public policy in the area of treasury services of budget funds;
13) The claimant withdrew its application for enforcement of the decision in the opening of the executive proceedings.
If the executive document is refused, the claimant will be refunded the upfront fee paid to the collector.
The executor sends a message about the refusal to accept the executive document to the executor within three working days from the date of receipt of the executive document to the collector or in cases provided by this Law, the Court, the National Agency of Ukraine for the detection, tracing and management of assets obtained from corruption and other crimes.
According to the decision of a non-property nature, the executor in the order to initiate an executive proceeding notes the need for the debtor to comply with the decision within 10 working days (except for decisions to be executed immediately).
If the claimant’s statement indicates the debtor’s accounts in banks and other financial institutions, the executor immediately after the opening of the executive proceedings imposes an arrest on the debtor’s money.
If the claimant’s statement indicates the debtor’s specific property, the executor immediately checks in electronic government databases and registos the existence of the debtor’s property rights or other property rights to such property and imposes an arrest on him. The perpetrator imposes an arrest on the debtor’s other property.
If, at the opening of the executive proceedings, the executor imposes an arrest on the debtor’s property, the debtor, in agreement with the collector, has the right to transfer to him such property or to sell it and transfer the funds from its implementation to the collector in the account of full or partial repayment of the debt under the executive document. In the case of the sale of the debtor’s property, the buyer must deposit the funds for the acquired property into the account of the public executive or the private executor. After the transfer of the property to the collector or the buyer’s deposit of funds to the account of the public executive service or the private executor, the arrest from the sold property of the debtor is removed by order of the executor.
If the executive document on debt collection indicates the accrual of interest or penalties before the execution of the decision, the executor in the order to initiate the executive proceedings calculates the final amount of interest (penalties) according to the rules set out in the executive document.
Until the end of the executive proceedings, the executor, on the claimant’s application, lists the amount of the final amount of interest (pennies) to be recovered from the debtor, no later than the day after the claimant’s application for such a recalculation, which notifies the debtor no later than the next day after the recalculation.
Appeal of decisions, actions or omissions of executors and officials of the public executive service
Decisions, actions or omissions of the executor and officials of the public executive service to implement the court decision may be appealed by the parties, other participants and persons to the court that issued the executive document, in accordance with the law.
Decisions, actions or omissions of the executor and officials of the public executive service to implement the decisions of other bodies (officials), including the rulings of the state executor on the collection of the executive fee, the orders of the private executor on the recovery of the basic remuneration, the costs of the executive proceedings and fines, can be appealed by the parties, other participants and persons to the relevant administrative court in accordance with the law.
Decisions, actions or omissions of the state executor can also be appealed by the claimant and other participants of the executive proceedings (except the debtor) to the head of the department, to which the state executor is directly subordinated. Decisions, actions and omissions of the head of the department, which is directly subordinated to the state executor, can be appealed to the head of the state executive service of the highest level.
The head of the department, who is directly subordinated to the state executor in the exercise of control over the decisions, actions of the state executor in the execution of decisions has the right, if they contradict the requirements of the law, by his decree to cancel the ruling or other procedural document (or part of them) rendered in the executive proceedings by the state executor, to oblige the state executor to conduct executive actions in accordance with the law.
The head of the department, to whom the state executor is directly subordinated, or the executor on his own initiative or on the application of the executive proceeding party, can correct the errors made in the procedural documents made in the executive proceedings, grammatical or arithmetic errors, as a result of the relevant ruling.
The head of the highest body of the public executive service, in case of detection of violations of the requirements of the law, defines them by his decree and instructs the head of the department, which is directly subordinated to the state executor, to carry out actions provided for by paragraphs two and three of this part.
The complaint in the executive proceedings is filed exclusively in writing and must contain:
1) the name of the public executive body to which it is submitted;
2) the full name (surname, name and middle name) of the debtor and debtor, their place of residence or residence (for individuals) or location (for legal persons), as well as the name (surname, name and middle name) of the representative of the executive proceeding, if the complaint is filed by the representative;
3) the details of the executive document (the type of document, the name of the body that issued it, the day of issuance and the number of the document, its resolute part);
4) the content of appeals, actions or omissions and references to the situation;
5) The circumstances by which the complainant substantiates his claims;
6) The signature of the applicant or his representative indicating the date of the complaint.
Term of appeal
Decisions and actions of the executor, officials of the public executive service to comply with the court decision can be appealed within 10 working days from the day when the person has learned or should have known about the violation of his rights, freedoms or legitimate interests. The decision of the executor to postpone the execution can be appealed within three working days from the day when the person has learned or should have known about the violation of his rights, freedoms or legitimate interests.