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Messenger Enforcement proceedings are a set of procedures aimed at the forcible execution of the requirements specified in an existing decision. After a decision issued by a judicial body has become legally binding, it must be executed within the prescribed time limits. If the debtor refuses to comply voluntarily, the creditor is entitled to initiate enforcement proceedings. At this stage of the civil process, various enforcement measures may be applied to the debtor under the legislation of Ukraine.
Principles of enforcement proceedings regulated by law
Based on regulatory and legal provisions, the key principles according to which enforcement proceedings are carried out are:
- compliance with the law and the rule of law;
- transparency of the enforcement officer’s actions, as well as timely application of appropriate measures;
- impartiality and objectivity;
- proportionality between the creditor’s claims and the measures applied against the debtor;
- dispositive principle;
- ensuring the state-guaranteed right to appeal decisions and actions, as well as possible inaction or delays on the part of the enforcement officer.
Our company’s experience shows that, in practice, the principles enshrined in the current law on enforcement proceedings are not always fully observed. In such cases, it makes sense for a party to secure legal support from a competent specialist.
Documents subject to enforcement
According to current legislation, the following are subject to enforcement:
- writs of execution and various orders issued by judicial bodies in accordance with statutory provisions;
- rulings issued by courts following consideration of civil or administrative cases, as well as certain criminal proceedings in cases provided for by law;
- notarial enforcement endorsements;
- certifying documents of commissions dealing with labor disputes, which are issued on the basis of decisions adopted by them;
- orders issued by the state enforcement officer regarding the necessity to collect the enforcement fee, as well as reimbursement of costs for conducting enforcement proceedings;
- orders of private enforcement agents relating to the compulsory collection of a pre-agreed fee;
- orders issued by officials on behalf of various state authorities empowered to consider cases involving administrative legal violations;
- decisions adopted by the principal financial institution – the National Bank of Ukraine – among those that are recognized as enforcement documents by law;
- certain decisions specified in Ukrainian legislation made by the European Court and some other international jurisdiction bodies.
What requirements are imposed on the content of an enforcement document?
Under current rules, an enforcement document, in addition to the court decision, statutory order, etc., must contain the following information:
- The title of the document, the date it was issued, and the name and full address of the issuing authority.
- The number assigned to the adopted decision on the basis of which the applicant received the corresponding document.
- Information about the creditor and the debtor, including their current whereabouts (for individuals, the actual place of residence must be indicated).
- The operative part, which includes, among other things, a list of the claims made against the debtor.
- The date on which the decision issued by the respective instance came into force, which serves as the direct basis for opening the proceedings.
An enforcement document drafted in accordance with the requirements must bear the signature of the authorized official and the seal confirming its validity.
If any significant inconsistencies with legal norms are detected in the document at the application stage, the debt collection process may be significantly delayed, since correcting the errors will require considerable time.
Who carries out the enforcement of decisions?
The enforcement of court and other authorities’ decisions in Ukraine is entrusted to the State Enforcement Service, as well as to private enforcement agents in the manner established by current legislation.
You can learn about other important aspects of enforcement proceedings by following the link Enforcement proceedings. Our company’s staff are ready to advise you on any questions in this area and to provide the most effective legal support.