LAW OF UKRAINE

of June 2, 2016 No. 1404-VIII

About enforcement proceeding

Section I. General provisions

Article 1. Enforcement proceeding

1. Enforcement proceeding as closing stage of judicial proceedings and forced execution of judgments and decisions of other bodies (officials) (further - the decision) - set of actions of the bodies and persons directed to forced execution of decisions determined in this Law are also carried out on the bases, within powers and method which are determined by the Constitution of Ukraine, this Law, other laws and regulatory legal acts adopted according to this Law, and also decisions which according to this Law are subject to forced execution.

Article 2. Principles of enforcement proceeding

1. The enforcement proceeding is performed with respect for the following principles:

1) supremacy of law;

2) obligation of execution of decisions;

3) legality;

4) dispositivities;

5) justice, impartiality and objectivity;

6) publicity and openness of enforcement proceeding;

7) rationality of terms of enforcement proceeding;

8) proportionalities of measures of forced execution of decisions and amount of requirements for decisions;

9) providing right to appeal of decisions, actions or failure to act of the state contractors, private contractors.

Article 3. Enforceable judgments. executive documents

1. According to this Law are subject to forced execution of the decision based on such executive documents:

1) the writs of execution and orders issued by vessels in the cases provided by the law based on judgments, decisions of reference tribunal, decisions of the international commercial arbitration, foreign judgements and on other bases defined by the law or the international treaty of Ukraine;

1-1) writs;

2) resolutions of courts on civil, economic, administrative cases, cases on administrative offenses, criminal procedures in the cases provided by the law;

3) executive texts of notaries;

3-1) special statements from the Register of agrarian notes, generated by means of program technical means of the Register of agrarian notes only for the address of collection on agrarian note;

4) certificates of the commissions on employment disputes issued based on relevant decisions of such commissions;

5) resolutions of the state contractors on collection of executive collection, resolutions of the state contractors or private contractors on collection of expenses of enforcement proceeding, on imposing of penalty, resolutions of private contractors on collection of the main remuneration;

6) resolutions of bodies (officials), representatives to consider cases on administrative offenses in the cases provided by the law;

7) decisions of other state bodies, decisions (acts) of the National commission on securities and the stock market and decisions of National Bank which the law are acknowledged executive documents;

8) decisions of the European Court of Human Rights taking into account the features provided by the Law of Ukraine "About execution of decisions and application of practice of the European Court of Human Rights" and also decisions of other international jurisdictional bodies in the cases provided by the international treaty of Ukraine;

9) solutions (resolutions) of subjects of the state financial monitoring (their authorized officers) if their execution under the law is assigned to bodies and persons performing forced execution of decisions;

10) decisions Organa of public supervision of auditor activities or Auditor chamber of Ukraine which the law are acknowledged as executive documents;

11) decisions of National council of Ukraine on television and broadcastings about application of response measures in the form of penalty.

2. The executive documents specified in part one of this Article are subject to execution after their entering into the Unified state register of executive documents in the procedure established by the legislation.

Article 3-1. Unified state register of executive documents

1. The unified state register of executive documents - the automated system of collection, storage, protection, accounting, search of electronic executive documents, and also provisions of information from it.

2. In the Unified state register of executive documents all executive documents based on which according to this Law forced execution of judgments and decisions of other bodies (officials) is performed are subject to obligatory introduction.

3. The procedure for functioning and maintaining the Unified state register of executive documents is established jointly by the Ministry of Justice of Ukraine and Public judicial administration of Ukraine.

Article 4. Requirements to the executive document

1. In the executive document are specified:

1) the name and date of issue of the document, the name of body, surname, name, middle name and position of the official which issued it;

2) acceptance date and number of the decision according to which the document is issued;

3) full name (for legal entities) or surname, name and, in the presence, middle name (for physical persons) the claimant and the debtor, their location (for legal entities) either the residential address or stay (for physical persons), birth date of the debtor - physical person;

4) identification code of the legal entity in the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming of the claimant and the debtor (for legal entities - in the presence);

registration number of accounting card of the taxpayer or series and passport number (for physical persons which because of the religious beliefs in accordance with the established procedure 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) the debtor (for physical persons taxpayers);

5) the substantive provisions of the decision providing measures of forced execution of decisions;

6) date of entry of decision into legal force (except the decisions which are subject to immediate execution);

7) the term of presentation of the decision to execution.

In the executive document other data (if they are known to court or other body (official) which issued the executive document), which identify the claimant and the debtor can be noted and can promote forced execution of the decision, in particular place of employment of the debtor - physical person, the location of property of the debtor, account details of the claimant and debtor, number of their means of communication and the e-mail address.

In case of presentation to forced execution of the decision of the international jurisdictional body in the cases provided by the international treaty of Ukraine, such executive document shall conform to the requirements established by the international treaty of Ukraine.

2. If the decision is made for benefit of several claimants or against several defendants and also if it is necessary to transfer the property which is in several places, or the substantive provisions of the decision provide making of several actions, in the executive document one debtor and one claimant are specified, and also it is determined in what part it is necessary to perform such decision, or it is specified that the obligation or the right of collection is solidary.

3. The executive document can be published in electronic form on which the qualified digital signature according to the laws of Ukraine "About electronic documents and electronic document management" and "About electronic identification and electronic confidential services is imposed".

4. The executive document returns to the claimant body of the public executive service, the private contractor without acceptance to execution within three working days from the date of its presentation if:

1) the decision based on which the executive document is issued did not take legal effect (except cases when the decision in the procedure established by the law is allowed to immediate execution);

2) the term of presentation of the executive document established by the law to execution is passed;

3) the debtor is declared bankrupt;

4) the National Bank of Ukraine makes the decision on withdrawal of the banking license and liquidation of debtor bank;

5) legal person debtor is stopped;

6) the executive document does not conform to the requirements provided by this Article or if the claimant did not submit the application for forced execution of the decision according to article 26 of this Law;

7) execution of the decision does not provide application of measures of forced execution of decisions;

8) the claimant did not provide payment confirmation of advance installment if advancing is obligatory;

9) the executive document is not subject to execution by bodies of the public executive service, the private contractor;

10) the executive document is shown not in the place of execution or not on jurisdiction;

11) the Fund of guaranteeing household deposits makes the decision on the beginning of the procedure of temporary administration or liquidation of bank.

In case of discrepancy of the executive document to the requirements provided by this Article, the claimant has the right to take a legal action or other body (official) which issued the executive document, about its reduction in compliance with the specified requirements.

In case of return to the claimant of the executive document without execution to the claimant the advance installment paid to them returns.

12) in accordance with the terms of the agreement on dispute settlement (voluntary settlement) signed between the foreign subject and the state of Ukraine at any stage of dispute settlement or consideration of the case including stage of recognition and execution of the decision, the executive document is not subject to execution, or the obligations assigned by the executive document to the debtor are subject to the termination, irrespective of date of the conclusion of such agreement.

Article 5. The bodies and persons performing forced execution of decisions

1. Forced execution of decisions is assigned to bodies of the public executive service (the state contractors) and in the cases provided by this Law on private contractors whose legal status and the organization of activities are established by the Law of Ukraine "About the bodies and persons performing forced execution of judgments and decisions of other bodies".

2. The private contractor performs forced execution of decisions, the stipulated in Article 3 presents of the Law, except:

1) decisions on confiscation and transfer of the child, establishment of appointment to it or removal of obstacles in appointment to the child;

2) decisions according to which debtor is the state, state bodies, the National Bank of Ukraine, local government bodies, their officials, the state and utility companies, organizations, the organizations, legal entities whose share of the state in the authorized capital exceeds 25 percent and/or who are financed only for means of the government or local budget;

3) decisions according to which debtor is the legal entity whose forced realization of property is prohibited according to the law;

4) decisions according to which claimants are the state, state bodies (except decisions of the National Bank of Ukraine), bodies of military management;

5) decisions of administrative courts and decisions of the European Court of Human Rights;

6) decisions which provide making of actions concerning property of the state-owned or utility property;

7) decisions on eviction and installation of physical persons;

8) decisions according to which debtors are the children or physical persons recognized incapacitated or civil capacity to act of which is limited;

9) decisions on confiscation of property;

10) decisions which execution is referred by this Law directly to powers of other bodies which are not bodies of forced execution;

11) other cases provided by this Law and the Law of Ukraine "About the bodies and persons performing forced execution of judgments and decisions of other bodies".

Within the first year of occupation activities of the private contractor, the private contractor cannot perform forced execution of decisions according to which the amount of collection constitutes twenty and more than million hryvnias or equivalent foreign currency amount.

Occupation term is estimated in activities of the private contractor from the date of entering of data of the private contractor into the Unified register of private contractors of Ukraine.

In time occupations activities of the private contractor do not set off the term of suspension of operations of the private contractor.

3. The private contractor has the right to refuse adoption of the executive document to execution:

1) if at the time of submission by the claimant of the statement for forced execution of the decision the number of executive documents according to decisions on collection of periodical payments, the salary, debt of physical persons on payment of housing and communal services, recovery at work exceeds 20 percent of total quantity of the executive documents which are on execution at the private contractor;

2) in other cases provided by the law.

In case of refusal in adoption of the executive document to execution on the bases provided by this part, the private contractor shall specify in writing the refusal bases, the right of the claimant to appeal the decision on refusal in adoption of the executive document to execution, and also the right of the claimant to file petition for forced execution of the decision to other private contractor or body of the public executive service.

4. The state contractor, the private contractor (further - the contractor) cannot perform the decision if:

1) debtor or the claimant is the contractor, persons close to it (persons who together live, are connected by general life and have the mutual rights and obligations with the contractor (including persons who together live, but are not married), and also irrespective of the specified conditions - the husband, the wife, the father, mother, the stepfather, the stepmother, the son, the daughter, the stepson, the stepdaughter, the brother, the sister, the grandfather, the grandmother, the great-grandfather, the great-grandmother, the grandson, the granddaughter, the great-grandson, the great-granddaughter, the son-in-law, the daughter-in-law, the father-in-law, the mother-in-law, the father-in-law, the mother-in-law, adoptive parents or adopted, the guardian or the custodian, person which is under guardianship or custody of the contractor), the related persons.

The connected faces in understanding of this Law are legal entities and/or physical persons, the relations between which can exert impact on conditions or results of their activities or activities of persons whom they represent, taking into account the following criteria:

the contractor directly and/or indirectly (through the connected persons) owns corporate laws of the legal entity, being the party of enforcement proceeding, or together with the legal entity and/or physical person which is the party of enforcement proceeding owns corporate laws of any legal entity;

the contractor has the right and/or powers to appoint (to elect) sole executive body or joint structure of executive body / structure of the supervisory board of the specified legal entities.

The direct or mediated participation of the state in legal entities is not the basis for recognition of such legal entities connected;

2) debtor or the claimant is the face consisting in employment relationships with such contractor;

3) the contractor, person close to it or person which is with the contractor in employment relationships has real or potential conflict of interest;

4) the collection amount according to the executive document taking into account the amounts according to executive documents which already are on execution at the private contractor exceeds the minimum size of insurance sum according to the insurance contract of such private contractor.

5. According to the statement of the claimant the enforcement proceeding can be transferred from one private contractor to other or relevant organ of the public executive service, or from body of the public executive service to the private contractor. About transfer (acceptance) of enforcement proceeding the contractor issues the decree.

Transfer of executive documents is performed according to the procedure, determined by the Ministry of Justice of Ukraine.

Article 6. Execution of decisions by other bodies and organizations

1. In the cases provided by the law, the decision on collection of property and means tax authorities, and the decision on money recovery - banks and other financial institutions are performed.

2. The decision on money recovery from state bodies, state and local budgets or budgetary institutions, decisions on 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, are performed by the bodies performing treasurer servicing of budgetary funds.

3. In the cases provided by the law, decisions can be performed by other bodies.

4. The bodies and organizations specified in parts one - third this Article, are not bodies of forced execution.

Article 7. Voluntary execution of decisions on collection of periodical payments

1. The application for execution of the executive document on collection of periodical payments can be independently directed by the claimant directly to the company, organization, the organization, physical person entrepreneur, physical person who pay to the debtor respectively the salary, pension, grant and other income.

2. Along with the statement for execution of the executive document the claimant submits the statement in which are specified:

1) account details in bank, other financial institution, the non-bank payment service provider;

2) surname, name, middle name of the claimant, details of the document proving his identity;

3) the identifier of access to the executive document in the Unified state register of executive documents.

3. In the presence of debt on executive documents on collection of periodical payments or denial of its size by the debtor the claimant has the right to show the executive document for forced execution.

4. The companies, organizations, the organizations, the physical persons entrepreneurs and physical persons specified in part one of this Article according to the statement of the claimant shall perform payroll contributions, pensions, grant and other income of the debtor in the amount of, determined by the executive document, taking into account provisions of article 70 of this Law.

Article 8. The automated system of enforcement proceeding

1. Registration of executive documents, documents of enforcement proceeding, fixing of executive actions are performed in the automated system of enforcement proceeding which procedure for functioning is determined by the Ministry of Justice of Ukraine.

The free and free information access of the automated system of enforcement proceeding provides the Ministry of Justice of Ukraine on the Internet on the official website with possibility of viewing, search, copying and printout of information on the basis of the widespread web observers and editors, without the need for application who are specially created for this purpose technological and software without restrictions and round the clock.

Information shall contain data on time of its placement.

2. With the automated system of enforcement proceeding it is provided:

1) objective and impartial distribution of executive documents between the state contractors;

2) provision to the parties of enforcement proceeding of information on enforcement proceeding;

3) production of documents of enforcement proceeding;

4) centralized storage of documents of enforcement proceeding;

5) centralized storage of information on accounts of bodies of the public executive service and private contractors who are open for the enforcement proceeding purposes;

6) preparation of statistical data;

7) registration of the entering and outgoing correspondence and stages of its passing;

8) document transfer of enforcement proceeding in electronic archive;

9) forming of the Unified register of debtors.

3. Unauthorized intervention in work of the automated system of enforcement proceeding involves the responsibility established by the law.

4. Decisions of contractors and officials of bodies of the public executive service are made by means of the automated system of enforcement proceeding. In case of temporary lack of access to the automated system production of documents on papers with their subsequent obligatory entering into the automated system no later than the next working day after recovery of its work is allowed.

5. The automated system of enforcement proceeding provides the automated arrest of money of the debtor on enforcement proceedings about the collection of the alimony according to the procedure determined by the Ministry of Justice of Ukraine in coordination with the National Bank of Ukraine.

Article 9. Unified register of debtors

1. The unified register of debtors is the systematized database about debtors which is the compound automated system of enforcement proceeding and is kept for the purpose of promulgation in real time information on unexecuted property obligations of debtors and prevention of alienation by debtors of property.

The information about debtors included in the Unified register of debtors is open and is posted on the official site of the Ministry of Justice of Ukraine.

2. Registration of the debtor in the Unified register of debtors does not exempt it from execution of the decision.

3. State bodies, local government bodies, notaries, other subjects when implementing of imperious managerial functions by them according to the legislation, including on accomplishment of the delegated powers, in case of the request of person for making of certain action concerning the property belonging to the debtor who is entered in the Unified register of debtors shall notify no later than the next working day on it the body of the public executive service or the private contractor specified in the Unified register of debtors with indication of data on property concerning which addressed person.

Banks, non-bank payment service providers, issuers of electronic money in case of opening or closing of account/e-wallet to the physical person or legal entity entered in the Unified register of debtors including through separate divisions of bank, non-bank payment service providers, issuers of electronic money, shall notify in the opening day or closings of account/e-wallet on it the body of the public executive service or the private contractor specified in the Unified register of debtors. The procedure for provision of such information and form of the message are established by the National Bank of Ukraine in coordination with the Ministry of Justice of Ukraine.

The contractor no later than the next working day from the date of receipt of the notification shall make the decision on property attachment and/or money / electronic money which are on accounts/e-wallets of the debtor in banks, non-bank payment services which provide, to issuers of electronic money, according to the procedure, determined by article 56 of this Law, except case when such property it is already seized from those bases

4. The conclusion during the term specified in part three of this Article, transaction concerning property of the debtor which resulted in impossibility to meet requirements of the claimant at the expense of such property is the basis for recognition of such transaction invalid except sale cases in the course of privatization of property which is part of single property complex of the state or utility company entered in the Unified register of debtors.

5. The information about the debtor is entered in the Unified register of debtors (except data concerning debtors who state bodies, local government bodies, and also the debtors who do not have debt on the executive document on collection of periodical payments more than three months, and debtors according to the solution of non-property nature are) along with pronouncement of the resolution on opening of enforcement proceeding.

Information about the debtor according to the decision on establishment of appointment to the child and removal of obstacles in appointment to the child is entered in the Unified register of debtors along with pronouncement of the resolution on imposing of penalty at the debtor.

6. The unified register of debtors contains the following data:

1) surname, name, middle name (in the presence), birth date of the debtor - physical person or the name, identification code of the legal entity in the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming of the debtor - the legal entity;

2) the name of body or surname, name, middle name and position of the official who issued the executive document;

3) name of body of the public executive service or surname, name, middle name of the private contractor, number of the means of communication and e-mail address of the contractor;

4) number of enforcement proceeding;

5) category of collection (alimony, penalty, etc.).

7. The information about the debtor is excluded from the Unified register of debtors along with pronouncement of the resolution on the termination of enforcement proceeding, return of the executive document to the claimant based on Items 1, of 3, 11 parts one of article 37 of this Law or the resolution provided by part four of article 40 of this Law or in day of establishment by the contractor of the fact of absence of debt according to executive documents on collection of periodical payments.

Article 10. Measures of forced execution of decisions

1. Measures of forced execution of decisions are:

1) the address of collection on money, securities, other property (property rights), corporate laws, property rights of intellectual property, objects of intellectual, creative activities, other property (property rights) of the debtor including if they are at other persons or belonging to the debtor from other persons, or the debtor owns them together with other persons;

2) the address of collection on the salary, pension, grant and other income of the debtor;

3) withdrawal at the debtor and transfer to the claimant of the objects specified in the decision;

Will lock 4) to the debtor to dispose and/or use property which belongs to it on the property right, including means or establishment to the debtor of obligation to use such property on the conditions determined by the contractor;

5) other measures of forced nature provided by this Law.

The Section II Terms in enforcement proceeding

Article 11. Aggregate terms in enforcement proceeding

1. Terms in enforcement proceeding are periods of time within which participants of enforcement proceeding shall or have the right to make the decision or to make action.

Terms in enforcement proceeding are established by the law and if they are not determined by the law - are established by the contractor.

2. Any action or set of actions during enforcement proceeding shall be performed no later than the deadline determined by this Law.

3. The terms established by this Law are estimated in the working days, months and years, and also can be determined by the reference to event which shall come inevitably.

4. The term of calculation of debt on payment of the alimony for application of the measures provided by Items 1 - 4 parts nine, part fourteen of article 71 of this Law, is estimated from the date of presentation of the executive document to forced execution.

Article 12. Terms of presentation of executive documents to execution. Interruption of prescriptive limit of presentation of the executive document to execution, recovery of the passed term

1. Executive documents can be shown to forced execution within three years, except certificates of the commissions on employment disputes and executive documents according to which claimant is the state or state body which can be shown to forced execution within three months.

2. The terms specified in part one of this Article are established for execution of the decision from the next day after the introduction in legal force or the terminations of the term established in case of delay or extension of the deadline for executing the decision and if the decision is subject to immediate execution - from the next day after its acceptance.

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