Enforcement Proceedings – the final stage of a legal dispute. As practice shows, even with a court decision that has entered into legal force and is in your favor, it is quite difficult to independently obtain what is legally due to you. Not all court decisions are voluntarily enforced by debtors, especially those of a financial nature.
Currently, non-enforcement of court decisions is a widespread practice. State enforcement services are overloaded with work, and without proper supervision of the enforcement process, a case may remain unaddressed for months. Formally, enforcement proceedings are initiated, but no concrete actions are taken. Over time, there is a risk that the enforcement proceedings may be closed, and the court decision may remain unexecuted.
The task of an attorney providing legal assistance in enforcement proceedings is to ensure strict compliance by the state enforcement authorities with the requirements of the applicable law, the realization of the creditor’s or debtor’s rights as provided by the Law of Ukraine “On Enforcement Proceedings,” obtaining the awarded amount by the creditor in the shortest possible time, protecting the debtor from illegal actions by state enforcement authorities, and challenging the actions or inaction of state enforcement officials.
Therefore, it is advisable to entrust the enforcement process to a professional attorney. The specialists at our Law Firm “WinnerLex” have extensive experience in this field. Our attorneys are well-versed in all the nuances of procedural law, the details of enforcement proceedings, and the requirements for their implementation. This allows them to carry out this procedure efficiently and promptly. The participation of our attorney in enforcement proceedings will give you confidence that this stage is being conducted properly and in accordance with the requirements of the law.
Enforcement Proceedings Support includes the following services:
- Legal consultations on issues such as releasing property from seizure, returning funds, refusal to initiate or violation of enforcement proceedings deadlines;
- Preparation of documents required to initiate enforcement proceedings;
- Legal assistance in cases of seizure of property, identification, search, description, arrest, confiscation, or forced sale of property that can be subject to enforcement according to the current legislation;
- Representation of the client’s interests before the State Enforcement Service at all stages of enforcement proceedings;
- Conducting court cases for the recovery of monetary funds;
- Recovery of damages caused by the actions or inaction of enforcement officers;
- Monitoring the actions of the state executor;
- Termination or closure of enforcement proceedings;
- Assistance in resolving other issues related to enforcement proceedings.
Practice experience: 19 years
Specialization: litigation support, tax, customs and antitrust practices, agricultural law, IT and M&A
Practice experience: 21 years Specialization: support of economic, civil, labor and administrative disputes, energy
Practice experience: 11 years Specialization: tax, customs and corporate disputes, support of inspections, contractual activities
Practice experience: 6 years
Specialisation: business and civil law, tax and customs practice, corporate law, registration and reorganisation of business
Practice experience: 11 years Specialization: support of economic, civil, labor and administrative disputes, inspections
It is important to remember that although the issuance of an enforcement document falls within the court’s jurisdiction, the claimant is responsible for ensuring that the issued enforcement document complies with the requirements of the Law of Ukraine “On Enforcement Proceedings.” It must include all the necessary details as stipulated in Article 4 of this Law. If an enforcement order with deficiencies is presented for execution, the claimant may face negative consequences, such as the inability to enforce the judgment.
To enforce an enforcement order issued by the authorized body, the claimant can approach either a state bailiff or a private bailiff. According to statistics, the collection of funds from debtors by private bailiffs tends to happen faster than when using a state bailiff. However, the services of a private bailiff are paid (the amount depends on the type of enforcement), so you can choose which type of bailiff to use at your discretion.
Regarding the term for initiating enforcement proceedings, it should be noted that the bailiff must issue a resolution to open the enforcement proceedings no later than the next working day after receiving the enforcement document. However, based on practice, the process of issuing the resolution can take a long time, and in such cases, it depends on the legal expertise of the claimant or their representative.
The task of a lawyer when providing legal assistance in the field of enforcement proceedings is to ensure strict compliance by the state enforcement bodies with the requirements of current legislation, the implementation of the claimant’s or debtor’s rights as defined by the Law of Ukraine “On Enforcement Proceedings,” obtaining the judgment awarded by the court as quickly as possible, protecting the debtor from unlawful actions by the state enforcement bodies, and challenging the actions or inaction of the officials of the state enforcement bodies. Therefore, it is advisable to entrust the conduct of enforcement proceedings to a professional lawyer. A lawyer is well-versed in the intricacies of procedural legislation, the nuances of enforcement proceedings, and the requirements for their implementation methods. This enables them to carry out the procedure effectively and efficiently. The involvement of a lawyer in the enforcement proceedings ensures that the process is carried out properly.
If you have received an enforcement document from the authorized body, it must be presented to the executive service or to a private bailiff (the list of private bailiffs can be found on the Ministry of Justice website) at the debtor’s place of residence, work, or location of their property. If the debtor is a legal entity, the enforcement document should be presented at the legal entity’s location. You submit an application for debt enforcement along with the enforcement order you received from the court to either the private or state bailiff.
Currently, the enforcement fee for opening an enforcement proceeding is not charged to the claimant. To open the proceeding, the claimant needs to submit an application and the enforcement document (or its duplicate) to the bailiff. This is the full set of documents required by a private or state bailiff to open the enforcement proceeding.
Currently, the Unified Register of Debtors is in operation, which can be found on the Ministry of Justice of Ukraine’s website. To search for a debtor, visit the state authority’s website or enter the query “Unified Register of Debtors” in a search engine, then select the type of debtor (individual or legal entity) and enter the debtor’s details. This register is publicly accessible, so after entering the relevant information, you will see data about the debtor, the number of the enforcement proceeding, and the bailiff’s name for contact regarding the progress of the enforcement case.
