of April 21, 1999 No. 606-XIV
About enforcement proceeding
This Law determines conditions and procedure for execution of decisions of the courts and other bodies (officials) which according to the law are subject to forced execution in case of their non-execution in voluntary procedure.
1. The enforcement proceeding as closing stage of judicial proceedings and forced execution of decisions of other bodies (officials) is set of actions of the bodies and officials determined in this Law, directed to forced execution of decisions of the courts and other bodies (officials) which are performed on the bases within powers and method, determined by this Law, other regulatory legal acts adopted according to this Law and other laws, and also decisions that in connection therewith the Law are subject to forced execution (further - the decision).
1. Forced execution of decisions is assigned to the public executive service which is a part of the system of bodies of the Ministry of Justice of Ukraine.
2. Forced execution of decisions is performed by the state contractors determined by the Law of Ukraine "About the public executive service" (further - the state contractors).
3. In the presence of the circumstances complicating execution of the decision or in case of execution of summary enforcement proceeding in the procedure established by the Ministry of Justice of Ukraine executive groups which structure joins the state contractors of one or several bodies of the public executive service can be formed. By the resolution of the director of the department of the public executive service of the Ministry of Justice of Ukraine or the head of department of the public executive service of Head department of justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, Head department of justice in the area, the cities of Kiev and Sevastopol the rights and powers in enforcement proceeding established by this Law for chiefs of departments of forced execution of decisions and deputy chiefs district, district in the cities, city (the cities of regional value), gorrayonny justice departments - chiefs of departments of the public executive service can be assigned to the head of group (further - chiefs of departments).
4. Other bodies, organizations, the organizations and officials perform separate executive actions in the cases provided by the law including according to article 5 of this Law, upon the demand of or at the request of the state contractor.
1. In the cases provided by the law, decision of the courts and other bodies concerning money recovery are carried out by bodies of the income and charges, banks and other financial institutions. Decisions of the specified bodies can be carried out according to the law also other bodies, organizations, the organizations, officials and citizens.
Decisions of the courts on criminal procedures about confiscation, special confiscation of property, seizure of property, and also decisions of the courts about collection of assets in the income of the state and about seizure of property in claim productions on cases on recognition unreasonable assets and their reclamation in the cases established by the law are carried out by the National agency of Ukraine concerning identification, search and asset management, received from corruption and other crimes.
3. Bodies, organizations, the organizations and persons specified in parts one and the second this Article are not bodies of forced execution, except bodies and officials who carry out the decision on attraction to the criminal or administrative responsibility.
1. For the purpose of providing electronic document management in bodies of the public executive service, accounting of enforcement proceedings, control of observance by the state contractors of requirements of the legislation during implementation of executive actions, provisions of quick access to the parties of enforcement proceeding to its materials Ministry of Justice of Ukraine are provided by functioning of the Unified state register of enforcement proceedings. The procedure for maintaining such register, condition of access to it and receipt of information are established by the Ministry of Justice of Ukraine.
2. During execution of decisions the state contractor has the right to direct access to databases and registers, including electronic which contain information on debtors, their property and means. The procedure for access to such registers is established by the Ministry of Justice of Ukraine together with the relevant central executive bodies providing their maintaining.
1. Requirements of the state contractor concerning execution of decisions are obligatory for all bodies, the organizations, officials, physical persons and legal entities in the territory of Ukraine.
2. To the state contractor information, documents or their copies necessary for implementation of its powers shall be free of charge submitted within the term established by him.
3. Failure to carry out of legal requirements of the state contractor involves responsibility according to the law.
1. The state contractor shall use the rights granted to him according to the law and not allow in the activities of violation of the rights and legitimate interests of physical persons and legal entities.
2. The state contractor explains to persons who participate in enforcement proceeding or their rights according to requirements of this Law are involved in carrying out executive actions.
3. Decisions, actions or divergence of the state contractor can be appealed according to the procedure, established by this Law.
1. Participants of enforcement proceeding are the state contractor, the parties, agents of the parties, the prosecutor, experts, specialists, translators, subjects of estimative activities subjects of housekeeping.
The prosecutor participates in enforcement proceeding in case of implementation of representation of interests of the citizen or the state in court and opening of enforcement proceeding based on the executive document according to its statement.
The prosecutor can enter in enforcement proceeding, is opened not according to its statement provided that he performed representation of interests of the citizen or the state in court on the corresponding case. For the purpose of the solution of question of availability of the bases for the introduction in enforcement proceeding such prosecutor has the right to get acquainted with materials of such enforcement proceeding, to do of them statements, to make copies.
2. The state contractor as necessary attracts witnesses, police officers, representatives of agencies of guardianship and care, other bodies and organizations to carrying out executive actions according to the procedure, established by this Law.
In case of execution of decisions of the courts and resolutions on change of governing bodies and officials of the companies, organizations, organizations irrespective of pattern of ownership exclusively police can be attracted. Involvement of other persons in the course of execution of such decisions is not allowed.
1. The parties in enforcement proceeding are the claimant and the debtor.
2. Claimant is the physical person or legal entity, in advantage or for the benefit of which the executive document is published. Debtor is the physical person or legal entity determined by the executive document.
3. According to the executive document on collection in the income of the state of means or about making of other actions in advantage or for the benefit of the state from his name the body in which claim the court passes the relevant decision, or public authority (except court) which according to the law made such decision acts. According to other executive documents on collection in the income of the state of means or about making of other actions in advantage or for the benefit of the state from his name bodies of the income and charges act.
4. Several claimants can participate in enforcement proceeding. Each of them concerning other party has the right to participate in enforcement proceeding independently or to charge participation in enforcement proceeding to one of accomplices.
5. In case of disposal of one of the parties the state contractor on own initiative or according to the statement of the party, and also the concerned party have the right to take a legal action with the statement for replacement of the party with her legal successor. For the legal successor all actions made before its introduction in enforcement proceeding are obligatory in that measure in which they would be obligatory for the party which the legal successor replaced.
If the party of enforcement proceeding changed the name (for the legal entity) or surname, own name or middle name (for physical person), the state contractor in the presence of supporting documents the resolution which affirms the head of department, changes the name of the party of enforcement proceeding.
1. The parties can exercise the rights and obligations in enforcement proceeding independently or through representatives. Personal participation of physical person in enforcement proceeding does not deprive of it the right to have the representative, except case when the debtor according to the decision make certain actions personally.
2. The minors and persons recognized by court incapacitated exercise the rights and carry out the obligations connected with enforcement proceeding according to requirements of the law.
3. If the party of enforcement proceeding is the face recognized by court is unknown absent, the state contractor the resolution recruits person who is the guardian of its property in enforcement proceeding.
4. Participation of legal entities in enforcement proceeding is performed by their heads or bodies, officials acting within the powers conferred to them by the law or through representatives of the legal entity.
5. Powers of the representative shall be confirmed with the power of attorney issued and which is drawn up according to requirements of the law.
Powers of the lawyer as representative can also make sure the order, the order of body (organization) authorized by the law on provision of free legal assistance or the agreement on provision of legal assistance. The excerpt from the agreement in which powers of the lawyer as the representative or restriction of its rights to making of separate actions as the agent of the party of enforcement proceeding are specified is surely applied to the order. The endurance makes sure the signature of agreement parties.
1. Cannot be representatives in enforcement proceeding:
1) persons which did not reach 18-year age except the cases provided by the law;
2) persons over whom guardianship or care are established;
3) judges, investigators, prosecutors, employees of the divisions performing investigation and search operations the state contractors except cases when they act as legal representatives or authorized persons of relevant organ which are the party of enforcement proceeding;
4) other persons who according to the law cannot perform representation.
1. The state contractor shall take the measures of forced execution of decisions provided by this Law, impartially, timely and in full make executive actions.
2. State contractor:
performs the actions necessary for timely and in full execution of the decision specified in the document for forced execution of the decision (further - the executive document), method and according to the procedure, established by the executive document and this Law;
provides to the parties of enforcement proceeding and their representatives opportunity to get acquainted with enforcement proceeding materials;
considers applications of the parties and other participants of enforcement proceeding and their petition;
declares in accordance with the established procedure rejection in the presence of the circumstances provided by this Law;
explains to the parties of their right and obligation.
3. The state contractor in the course of implementation of enforcement proceeding has the right:
1) to perform execution by debtors of the decisions which are subject to execution according to this Law;
2) to perform check of execution by legal entities of all patterns of ownership which are rather working with physical persons, physical persons entrepreneurs of decisions for them debtors;
3) for the purpose of protection of interests of the claimant to receive free of charge from bodies, organizations, the organizations, officials, the parties and participants of enforcement proceeding explanations, necessary for carrying out executive actions, references and other information, including confidential;
4) freely to enter rooms and storages which belong to debtors or are occupied by them, to perform inspection of the specified rooms and storages, in case of need compulsorily to open and seal such rooms and storages;
5) to impose arrest property of the debtor, to seal, withdraw, transfer such property to storage and to realize it in the procedure established by the legislation;
6) to impose arrest means and other values of the debtor, in particular the funds which are on accounts and deposits in banks, other financial institutions for accounts in securities, and also to seal cash desks, rooms and storage locations of money;
7) in the consent of the owner to use rooms, including utility property, for temporary storage of the withdrawn property, and also vehicles of the claimant or debtor for transportation of property;
8) to take a legal action which issued the executive document, with the statement for decision explanation, for issue of the duplicate of the executive document, for establishment or change of procedure and method of execution, for delay and extension of the deadline for executing the decision;
9) to address body (official) which issued the executive document, about explanation of contents of the document;
10) to take a legal action with idea of search of the debtor physical person or the child or of the resolution of the motivated decision on forced penetration into the dwelling or other ownership of the debtor - physical or other person which has property of the debtor or property and means belonging to the debtor from other persons or the child concerning whom the executive document on its confiscation is constituted;
11) to call physical persons, officials concerning executive documents which are in enforcement proceeding, and in case of absence of the debtor without valid excuse to issue the decree on its drive through bodies of National police;
To involve 12) in accordance with the established procedure in implementation of executive actions of witnesses, police officers, other persons, and also experts, specialists, and for assessment of property of subjects of estimative activities - subjects of housekeeping;
13) to impose penalties in the form of penalty on physical, legal and officials in the cases provided by the law;
To apply 14) during implementation of executive actions video, photo and filming;
15) in the course of execution of decisions in the presence of the motivated judgment on forced penetration into the dwelling or other ownership of physical person freely to enter on the parcels of land, residential and other rooms of the debtor - physical person, person who has property of the debtor or property and means belonging to the debtor from other persons to perform at them inspection, in case of need compulsorily to open them in accordance with the established procedure with involvement of police officers, to seal such rooms, to arrest, seal and withdraw the property belonging to the debtor which stays there and on which under the law it is possible to turn collection;
16) to demand from materially responsible and officials of debtors - legal entities or from debtors - physical persons of provision of explanations on the facts of failure to carry out of decisions or legal requirements of the state contractor or other violation of requirements of the legislation on enforcement proceeding;
To report 17) for the purpose of preventive influence to public authorities, public associations, labor collectives and the public in the place of residence or works of person about the facts of violation of requirements of the legislation on enforcement proceeding by it;
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