of September 3, 2014 No. 440
About approval of the Procedure for debt repayment on the judgments which accomplishment is guaranteed by the state
For the purpose of realization of Item 3 of the Section II "Final and transitional provisions" of the Law of Ukraine "About guarantees of the state concerning execution of judgments" the Cabinet of Ministers of Ukraine decides:
Approve the Procedure for debt repayment on the judgments which accomplishment is guaranteed by the state which is applied.
Prime Minister of Ukraine
A. P. Yatsenyuk
Approved by the Resolution of the Cabinet of Ministers of Ukraine of September 3, 2014, No. 440
1. This Procedure determines the mechanism of accounting of executive documents and judgments, stipulated in Item 3 Sections II "Final and transitional provisions" of the Law of Ukraine "About guarantees of the state concerning execution of judgments", inventory counts and debt repayments by them.
2. In this Procedure terms are used in such value:
the debtor - the subject specified in the judgment or the executive document which shall pay means or make other actions of property nature concerning person, in advantage or for the benefit of which this decision is made;
the responsible person (persons) - the official of body of the public executive service to who obligations on accounting of decisions which accomplishment is guaranteed by the state, inventory counts of debt on these decisions and their transfers to body of Treasury are assigned;
the applicant - physical person or legal entity, in advantage or for the benefit of which the judgment is made or is issued the executive document, or his representative;
bodies of the public executive service - management of ensuring forced execution of solutions of interregional managements of Ministry of Justice, Management of ensuring forced execution of decisions in the city of Kiev of Department of the public executive service of Ministry of Justice;
the bodies performing treasurer servicing of budgetary funds - head departments of Treasury in the Autonomous Republic of Crimea, areas, Kiev and Sevastopol;
accomplishment of the decision in full - complete actual payment to person for benefit of whom the judgment, the amount of means determined by the decision and also complete actual making of actions is made on property according to the solution of obligations nature;
the decision - the executive documents on the judgments on money recovery or the judgment which took legal effect on which debtors are the subjects determined by part one of article 2 of the Law of Ukraine "About guarantees of the state concerning execution of judgments" which are issued or accepted till January 1, 2013.
3. Decisions move in bodies of the public executive service for the location of the debtor for carrying out their accounting, inventory count of debt and further transfer to the bodies performing treasurer servicing of budgetary funds for debt repayment.
4. The applicant submits to body of the public executive service the application for execution of the decision with indication of (according to each decision the separate application is submitted):
bank account details (in the presence - the reference of bank) with indication of the bank name, its IFI, code according to EGRPOU, account number (current, transit, card), surnames, name, middle name of the account holder on which it is necessary to transfer funds or data for money transfer in cash form through the companies of mail service (surname, name, the addressee's middle name, its postal address (the name of the street, house number, apartments, the name of the settlement, the postal index) if the specified account is absent;
place of registration (accommodation);
numbers of the means of communication.
Are enclosed to the application:
the original (duplicate) of the executive document or the judgment (properly certified its copy);
the copy of the certificate of assignment of registration number of accounting card of the taxpayer (except physical persons which on the religious beliefs refused adoption of registration number of accounting card of the taxpayer and notified on it the relevant monitoring body and have mark in the passport);
passport copy of the citizen of Ukraine;
the documents confirming the powers of the representative which are drawn up according to requirements of the legislation (in case of attraction).
For receipt of the notifications provided by Items 9 and 17 of this Procedure the e-mail address can be specified in the statement.
In case of representation to body of the public executive service of the executive document the applicant attaches to it the copy of the judgment (in the presence).
In case of change of method and procedure for execution of the decision, change of the claimant according to the judgment on his heir (legal successor) the applicant attaches the corresponding court order to the executive document or the judgment.
In case of change of data (including changes of bank account details on which it is necessary to transfer funds or data for money transfer in cash form through the companies of mail service) or modification of the documents submitted according to this Item, the applicant notifies on it body of the public executive service.
Accounting of decisions in bodies of the public executive service
5. The decision registered in accordance with the established procedure instantly is considered by the head of body of the public executive service and is transferred to the responsible person no later than the next working day from the date of receipt to body of the public executive service.
6. The responsible person is determined by the head of body of the public executive service.
7. The responsible person not later than within ten working days from the date of receipt of the decision to it shall check accomplishment of such decision according to the automated system of enforcement proceeding, considering data of the enforcement proceedings opened in pursuance of decisions of the European Court of Human Rights concerning failure to carry out of the decision of domestic court concerning which the applicant addresses. In case of lack of data on accomplishment of the decision in full the responsible person enters data on this decision in the Register of decisions which accomplishment is guaranteed by the state (further - the Register).
If by results of check it is determined that the decision is executed in full, including within the enforcement proceeding opened in pursuance of the decision of the European Court of Human Rights concerning failure to carry out of the decision of domestic court concerning which the applicant addressed the responsible person returns decisions to the applicant with the cover letter and the corresponding reference from the automated system of enforcement proceeding.
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