LAW OF UKRAINE

of June 5, 2012 No. 4901-VI

About guarantees of the state concerning execution of judgments

Section I of Feature of execution of judgments

Article 1. General provisions

1. This Law establishes guarantees of the state concerning execution of the judgments and executive documents determined by the Law of Ukraine "About enforcement proceeding" (further - the judgment), and features of their accomplishment.

2. Terms in this Law are used in the value given in the Budget code of Ukraine and the Law of Ukraine "About enforcement proceeding".

Article 2. Features of provision by the state of guarantees concerning execution of the judgments

1. The state guarantees execution of the judgment about money recovery and the obligation to make certain actions concerning property on which debtor is:

state body;

the state company, organization, the organization (further - the state company);

the legal entity whose forced realization of property is forbidden according to the legislation (further - the legal entity).

Forced realization of property of legal entities - alienation of real estate units and other fixed assets of production with which use legal entities perform productive activity, and also the shares (shares, shares) belonging to the state and contributed to their authorized capital.

2. Operation of this Law does not extend to the judgments on which claimant is the state body, the state company, local government body, the company, organization, the organization relating to utility property.

Article 3. Features of execution of the judgments about money recovery from state body

1. Execution of the judgments about money recovery on which debtor is the state body is performed by the central executive body realizing state policy in the field of treasurer servicing of budgetary funds within the corresponding budget settings by write-off of funds from accounts of such state body, and in case of absence at the specified state body of the corresponding appointments - at the expense of the means provided according to the budget program for ensuring execution of the judgments. Execution of the judgment about money recovery for operating time of the claimant to positions of the assistant-consultant to the People's Deputy of Ukraine, including in case of dismissal from such position, is performed by the central executive body realizing state policy in the field of treasurer servicing of budgetary funds at the expense of the means provided according to the budget program for execution of the judgments which are guaranteed by the state which executive in charge he is.

2. The claimant by a court decision about money recovery from state body addresses to the central executive body realizing state policy in the field of treasurer servicing of budgetary funds in the terms established by the Law of Ukraine "About enforcement proceeding" with the statement for judgment execution.

Together with the statement the claimant gives to the central executive body realizing state policy in the field of treasurer servicing of budgetary funds, the documents and data necessary for money transfer according to the list approved by the Cabinet of Ministers of Ukraine.

3. If the claimant filed not all documents and data, necessary for money transfer, the central executive body realizing state policy in the field of treasurer servicing of budgetary funds within five days from the date of receipt of the statement reports in accordance with the established procedure about it to the claimant.

In case of not submission by the claimant of documents and data in a month from the date of receipt of the message by him the central executive body realizing state policy in the field of treasurer servicing of budgetary funds returns the application to the claimant.

The claimant has the right to address repeatedly to the central executive body realizing state policy in the field of treasurer servicing of budgetary funds for execution of the judgment in determined by part two of this Article terms which expiration begins from the date of obtaining by the claimant of the message of the central executive body realizing state policy in the field of treasurer servicing of budgetary funds.

4. Money transfer to the claimant is performed in three-months time from the date of receipt in the central executive body realizing state policy in the field of treasurer servicing of the budgetary funds necessary for this purpose of documents and data.

Article 4. Features of execution of the judgments about money recovery from the state company or the legal entity

1. Execution of the judgments about money recovery from the state company or the legal entity is performed according to the procedure, determined by the Law of Ukraine "About enforcement proceeding", taking into account the features established by this Law.

2. If the judgment about money recovery from the state company or the legal entity is not performed within six months from the date of pronouncement of the resolution on opening of enforcement proceeding, its execution is performed at the expense of the means provided according to the budget program for ensuring execution of the judgments.

3. Within ten days from the date of establishment by the state contractor of the fact of availability of the bases for return of the executive document to the claimant according to Items 2-4, 9 of part one of article 37 of the Law of Ukraine "About enforcement proceeding", except cases when the claimant interferes with implementation of executive actions, but no later than the term established by part two of this Article, the head of relevant organ of the public executive service gives to the central executive body realizing state policy in the field of treasurer servicing of budgetary funds, the documents and data necessary for transfer for the claimant of means according to the list approved by the Cabinet of Ministers of Ukraine about what reports in accordance with the established procedure to the claimant.

4. In case of lack of necessary documents and data of means are transferred into the corresponding account of body of the public executive service from which the state contractor reports about payment procedure of means in accordance with the established procedure to the claimant no later than the next day after money transfer.

5. The means which arrived into the corresponding account of body of the public executive service are listed to the claimant within ten days from the date of arrival of all of documents and data necessary for this purpose.

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