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LAW OF UKRAINE

of June 2, 2016 No. 1403-VIII

About the bodies and persons performing forced execution of judgments and decisions of other bodies

(as amended on 17-06-2020)

This Law determines bases of the organization and activities for forced execution of judgments and decisions of other bodies (officials) by bodies of the public executive service and private contractors, their tasks and legal status.

Section I General provisions

Article 1. The bodies and persons performing forced execution of judgments and decisions of other bodies

1. Forced execution of judgments and decisions of other bodies (officials) (further - the decision) is assigned to bodies of the public executive service and in the cases determined by the Law of Ukraine "About enforcement proceeding" - to private contractors.

Article 2. Legal basis of activities of bodies of the public executive service and private contractors

1. The legal basis of activities of bodies of the public executive service and private contractors is the Constitution of Ukraine, this Law, the international agreements of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine, other laws, regulatory legal acts adopted in their execution.

Article 3. Tasks of bodies of the public executive service and private contractors

1. Task of bodies of the public executive service and private contractors is timely, complete and impartial execution of decisions which forced execution is provided by the law.

Article 4. Principles of activities of bodies of the public executive service and private contractors

1. Activities of bodies of the public executive service and private contractors are performed with respect for the principles:

1) supremacy of law;

2) legality;

3) independence;

4) justice, impartiality and objectivity;

5) obligation of accomplishment of decisions;

6) dispositivities;

7) publicity and openness of enforcement proceeding and its fixing by technical means;

8) rationality of terms of enforcement proceeding;

9) harmonies of measures of forced execution of decisions and amount of requirements for decisions.

2. The state contractor and the private contractor shall perform the professional activity honesty, not disclose by any method professional secrecy, respect interests of claimants, debtors, the third parties, not to degrade their advantage.

3. Information which became known to the state contractor, the private contractor, the assistant to the private contractor in connection with implementation of professional activity belongs to professional secrecy.

Obligation keep professional secrecy extends to person and after its dismissal of the state contractor or the termination of activities of the private contractor, the assistant to the private contractor.

The state contractor, the private contractor can provide to other persons information containing professional secrecy is exclusive in the cases and procedure provided by the law.

4. The state contractor, the private contractor shall take all necessary measures directed to prevention or elimination of conflict of interest.

Conflict of interest for the purpose of application of this Law the contradiction between private interests of the state contractor or private contractor and his professional privileges and obligations whose availability can affect objectivity or impartiality in case of accomplishment by the state contractor or private contractor of its professional obligations, and also making or non-execution of actions by it when implementing forced execution of decisions is considered.

Article 5. Legal protection and guarantees of implementation of activities of the state contractors, private contractors for forced execution of decisions

1. The state contractor, the private contractor when implementing professional activity are independent, are guided by the principle of supremacy of law and are effective only according to the law.

2. Intervention of state bodies, authorities of the Autonomous Republic of Crimea, local government bodies, their official and officials, political parties, public associations, other persons in activities of the state contractor, private contractor for forced execution of decisions is forbidden.

3. Resistance to the state contractor or private contractor, causing bodily harms, violence or threat of use of violence to them, their close relatives, and also intentional destruction or damage of their property in connection with forced execution of decisions by the state contractor or the private contractor involve the responsibility established by the law. The same responsibility comes in case of making of these offenses concerning person after its dismissal of the state contractor or the termination of activities of the private contractor and concerning their close relatives in connection with forced execution of decisions by it in the past.

4. Carrying out survey, disclosure, reclamation or withdrawal of documents of enforcement proceeding, except the cases provided by the law is forbidden.

The specified prohibition does not extend to cases of conducting checks of bodies of the public executive service and activities of private contractors, and also conducting checks of legality of enforcement proceeding according to the procedure, determined by the Ministry of Justice of Ukraine.

Section II Public executive service

Article 6. System of bodies of forced execution of decisions

1. The system of bodies of forced execution of decisions is constituted:

1) Ministry of Justice of Ukraine;

2) the bodies of the public executive service formed by the Ministry of Justice of Ukraine in the procedure established by the legislation.

Article 7. State contractors

1. According to this Law the state contractors are heads of bodies of the public executive service, their deputies, the main state contractors, the senior state contractors, the state contractors of bodies of the public executive service.

2. The state contractor is public agent, acts on behalf of the state and is under its protection and is authorized by the state to perform activities for forced execution of decisions according to the procedure, provided by the law.

Article 8. Legal status of employees of bodies of the public executive service

1. The state contractors, heads and specialists of bodies of the public executive service are government employees.

2. Certificates which sample and procedure for issue affirm the Ministry of Justice of Ukraine are issued to the employees of bodies of the public executive service specified in part one of this Article.

3. The employee of body of the public executive service has the rights and carries out the obligations provided by the law.

Article 9. Guarantees of independence of the state contractors

1. Independence of the state contractors of impact or intervention in their activities for forced execution of decisions is guaranteed:

1) special procedure for financing and material logistics of bodies of the public executive service;

2) efficient mechanism of motivation of the state contractors;

3) transparency of activities for forced execution of decisions;

4) the different way determined by the law.

Article 10. Requirements to the state contractors

1. The citizen of Ukraine having the higher legal education (for heads of bodies of the public executive service and their deputies - not below the second level) who knows state language and is capable to perform powers of the state contractor on the personal and business qualities can be the state contractor.

2. Special requirements to the level of professional competence of the state contractors and heads of bodies of the public executive service are determined by the Ministry of Justice of Ukraine.

Article 11. Procedure for appointment to positions and releases from positions of employees of bodies of the public executive service

1. The state contractors and other employees of bodies of the public executive service, are government employees, are appointed to positions and dismissed according to the procedure, established by the Law of Ukraine "About public service" taking into account the features determined by the legislation.

Article 12. Control of activities of employees of bodies of the public executive service

1. Control of activities of the state contractors and other employees of bodies of the public executive service is performed by the bodies of forced execution of decisions determined in article 6 of this Law, according to the procedure, established by the Ministry of Justice of Ukraine.

Article 13. Compensation of employees of bodies of the public executive service

1. The salary of the employee of body of the public executive service consists of official pay rate, award, surcharge for rank and length-of-service allowances, remunerations, and also other allowances according to the legislation.

2. The payment procedure and the sizes of employee benefits of bodies of the public executive service are established by the Cabinet of Ministers of Ukraine.

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