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Right to enforcement of court decision

Court decision is an act on behalf of Ukraine, which completes case consideration in court. Court decisions are of different types – orders, judgements, resolutions etc. Court decisions are binding on the whole territory of Ukraine.

Court decision comes into force after the expiry of period for submission of appellation, if this appellation is not submitted.  

Court decision may be fulfilled in voluntary or mandatory order. If debtor refuses to execute court decision voluntary, you could apply to court, which considered case, with submission for getting writ obligatory.

ATTENTION: Writ obligatory should include:

1) name and date of document, name of body, which issued document, name of official, who issued document;

2) date and number of court decision, under which the document was issued;

3) full name of creditor and debtor, their abiding places, debtor’s date of birth (if an individual);

4) individual tax number or passport serial number;

5) resolution part of decision, which provides for enforcement measures;

6) date of decision coming into force (except decisions, which should be executed immediately);

7) period for decision to be submitted for fulfillment.

Apply to state executive service or private executor. Important: writ obligatory could be submitted for enforcement measures during 3 years.

 

To find relevant department of state executive service: https://minjust.gov.ua/str_ust_der 

To choose private executor https://erpv.minjust.gov.ua 

 

To add: Law establishes institute of private executors. As for now, enforcement of court decisions is easy and comfortable procedure, without queues.

All decisions, except:

1) decisions on defiliation and transfer of child, setting a meeting and eliminating obstacles in meeting with child;

2) decisions under which state, state bodies, National bank of Ukraine and local governments are debtors;

3) decisions under which legal entity is debtor and mandatory sale of property of this entity is prohibited under the law;

4) decisions under which state and state bodies are creditors;

5) decisions of administrative courts and European Court of human rights;

6) decisions, which provide for conducting actions with state or municipal property;

7) decisions on eviction and lodging of individuals;

8) decisions under which children or persons, found to be incapable or have limited dispositive legal capacity, are debtors;

9) decisions on property confiscation.

Costs, collected from debtor (including those, which are received because of property realization), are credited on respective account of state executive service or private executor.

Following written submission of creditor executor transfers collected costs on bank of other financial institutions’ account or sends costs to creditor by postal transfer, which is covered by costs of creditor, except transfer of alimony.

Quality of decision enforcement is priority for Ministry of justice. It is of great importance for us to ensure that all court decisions are executed fully, in time and properly.

You can submit complaint on state executor

  • to department head, who is direct superior officer to this state executor: https://minjust.gov.ua/str_ust_der
  • to Ministry of justice: 01001 Kyiv, 13, Horodetskoho street.
  • to court.

You can submit complaint on private executor to Ministry of justice or court.

Responsibility for non-enforcement of court decisions
Intended non-enforcement of court decision, which came into force, or interference into its enforcement are punishable by imposing a fine in amount from 8500 to 17000 UAH or imprisonment up to three years.
 

ATTENTION: In 6 February 2018, the responsibility for non-payment of alimony was increased!
If amount of alimony debts is not paid more than 6 months, restrictions are applied to debtors such as:
- restriction to go out from the territory of Ukraine;
- restriction to drive vehicles;
- restriction to use weapon;
- restriction of hunting;
- restriction to decide on issue of child’s travel abroad.
These restrictions are applied temporarily by the time debtor repays the full amount of debt.

 

Ground for sanction imposition: order of state executor.

In addition, community services (socially useful work) could be applied to debtor for period up to 1 month.
Ground: court decision according to the order of state executor.

In case debtor avoids providing community services, court could take decision on application of administrative arrest for the period up to 15 days.
There is criminal responsibility under article 164 of Criminal Code of Ukraine (community services up to 240 hours, arrest up to 6 months or confinement up to three years) for person, who does not perform court decision intentionally (e.g. conceals income, changes place of residence or work without notifying state or private executors).

Debtors’ register – is online database about debtors. The aim of register is to make information about debtors' property commitments open for preventing realization of this property by debtor. 

Check information here: https://erb.minjust.gov.ua/#/search-debtors


ATTENTION: information concerning debtor shall be excluded from register at the same time order of state executor on completion of enforcement proceedings is rendered or on the day executor establishes fact of debt absence according to enforcement documents on collection of periodical payments. 

Poll
Yes
82%
No
18%
Vote summary: 904