Key Benefits:
1. Executive proceedings as the final stage of judicial proceedings and the coercive execution of judicial decisions and decisions of other bodies (s) (further decisions)-the set of actions defined by the Law and persons committed to coercive decision making and are held on the grounds, within the authority and in the manner defined by Constitution of Ukraine , by this Act, other laws and regulations adopted under this Act as well as decisions which are subject to the enforcement of the Act.
Article 2. Summary of executive proceedings
1. Executive proceedings shall be carried out with the following:
(2) The duty of making decisions;
(5) Justice, impartiality and objectivity;
(6) The publicity and openness of executive proceedings;
7) the reasonability of the lines of executive failure;
(8) The compaction of the enforcement of decision-making and the scope of decision-making requirements;
9) ensure the right to challenge decisions, actions or statelessness of government performers, private performers.
Article 3. Decisions to be forced into force. Executive Documents
1. According to this Act, the Act shall be forced to make a decision on the basis of such executive documents:
(1) Executive letters and orders issued by the courts in the cases prescribed by law on the grounds of court decisions, decisions of the Court of Arbitration, decisions of international commercial arbitration, decisions of foreign courts and on other grounds defined by the law or International Treaty of Ukraine;
(2) Failure, courts of courts in civil, economic, administrative cases, cases of administrative offences, criminal proceedings in cases prescribed by law;
3) the executive notes of the notaries;
(4) The identification of the commissions of employment disputes issued based on the relevant decisions of such commissions;
5) will become state performers for the charging of executive assembly, stations of state performers or private performers to charge the costs of executive proceedings, imposing fines, and become private performers on the charge of the main reward;
(6) Statutes of organs (officials) authorized to consider cases of administrative offences in cases prescribed by law;
7) decisions of other government bodies and decisions of the National Bank of Ukraine, which are legally recognized by the executive documents;
(8) decisions of the European Court of Human Rights with regard to the features provided by Law of Ukraine "On the execution of decisions and the application of the practice of the European Court of Human Rights" as well as decisions of other international jurisdictional bodies in cases stipulated by the international treaty of Ukraine;
9) decisions (s) of public financial monitoring (their authorized officials) decisions, if the enforcement of the law is entrusted to the organs and individuals who undertake the enforcement of decisions.
Article 4. Executive Document Requirements
1. The executive document states:
1) the name and date of the issuance of the document, the naming of the organ, surname, name, by the parent and position of the official person who has given it;
2) the date of adoption and number of the decision by which the document is issued;
(3) full of naming (for legal persons) or surname, name, and, upon presence, by parent (for physical persons) a levy and debtor, their location (for legal persons) or address of residence or stay (for physical persons), date The birth of a debtor is a physical person;
4) the identification code of the legal person in the Single State Registry of Legal Persons, Physical Persons-Entrepreneurs and Public Formations of the Banner and the debtor (for legal persons-for availability);
(5) A resolution of the decision, which provides for the measures of forced execution of decisions;
6) the date chosen by the decision of the lawful force (other than the decisions to be subject to the immediate execution);
7) rows of the decision to be performed.
Other data can be specified in the executive document (if they are known to a court or other entity (person) that issued an executive document) that identify the debtor and the debtor or may contribute to forced decision making, including registration. a tax card number or series and passport number (for individuals who because of their religious beliefs in the prescribed order refused to accept the registration number of the taxpayer ' s account card and reported it the relevant controlling authority and have the mark in passport) borderline (for The number of individuals-taxpayers), the location of the debtor-the physical person, the location of the debtor's property, the requisition of the bond accounts and the debtor, the numbers of their communications and email addresses.
In the case of forced implementation of the decision of an international jurisdiction body in cases stipulated by the international treaty of Ukraine, such an executive document should meet the requirements set by the international treaty of Ukraine.
2. In case the decision is made to benefit several plaintiffs or against several defendants, and if the property is to transfer the property in several places, whether the resolution is part of the decision, in a few actions, in the executive document One debtor and one carrier are indicated, and it is also defined in which part of the decision is made, or is noted that the duty or right of the charge is in solidarity.
3. The Executive document is signed by an authorized official with the identification of its names and initials and the printing press. The staple of the executive document with an image of the State Herb of Ukraine is mandatory if the body (the office person), who issued the executive document, is required by the law to have such a seal.
4. The Executive document returns to the connoctor of the State Executive Service, a private executive with no acceptance to execution within three working days from the day of its appearance, if:
1) the decision issued by the executive document did not have the legal force (except when the decision in the prescribed law is allowed to be completed);
2) skipped by the law of the executive order of the executive document before the execution;
(3) The debtor is declared bankrupt;
(4) The National Bank of Ukraine has decided to withdraw the banking license and liquidation of the debt bank;
(5) The legal entity of the debtor has been discontinued;
6) The executive document does not meet the requirements stipulated by this article, or if the charging did not apply the forced execution of the decision according to Article 26 This Act;
(7) The decision does not involve the application of forced execution of decisions;
(8) The charging did not provide confirmation of the advance contribution if the advance is binding;
(9) The executive document shall not be subject to the Executive Committee of the State Executive Service, by a private executive;
(10) The executive document is taken not by the place of execution or not by the subdue process.
In the case of non-compliance with an executive document to the requirements stipulated by this article, the consigent shall be addressed to the court or another authority (officials) that issued the executive paper, to bring it into compliance with the specified requirements.
Article 5. Organs and individuals who commit forced execution
1. Forced execution of decisions rests with the public executive services bodies (state entities) and under the Act of cases on private resources, legal status and organization of activities established The Law of Ukraine "On bodies and persons who undertake the forced execution of judicial decisions and decisions of other organs" .
2. A private artist performs forced execution of decisions provided by Article 3 This Act, except:
1) decisions on the selected and resetting of the child, setting out a date with her or to remove an obstacle in a date with a child;
2) decisions by which the debtor is a state, state bodies, National Bank of Ukraine, local government agencies, their officials, state and municipal enterprises, institutions, organizations, legal persons, the share of the state in the statutory capital of which More than 25 per cent, and/or which are financed solely by the state or the local budget;
(3) the decisions by which a debtor is a legal entity, the forced implementation of the property is prohibited under the law;
4) decisions by which the State shall be leavers, state bodies;
5) decisions of administrative courts and decisions of the European Court of Human Rights;
6) decisions that involve the conduct of actions on the property of a state or communal property;
(7) Decisions on eviction and the universalization of individuals;
8) decisions whereby children are children or individuals who are deemed to be incapacitated or civil;
(9) Decisions on confiscation of property;
(10) decisions made by this Act directly to the authority of other bodies which are not coercive enforcement;
11) other cases stipulated by this Act and Law of Ukraine "On the organs and persons who undertake the forced execution of judicial decisions and decisions of other organs".
3. A private artist has the right to return the executive document to a levy without taking into the execution:
(1) If at the time of filing a statement on forced execution, the number of executive documents based on the charging of periodic payments, wages, occupational disability payments, and the payment of work exceeds 20 percent of the total number of executive documents executed by the private executive;
2) in other cases stipulated by the law.
When returning the executive document to a charge with the sub-section provided by this part, the private artist is obliged to written a written return, the holder of the charge to challenge the return of the executive document without taking into account. execute, as well as the right of the beholder to submit an executive document to the execution of another private artist or to the state executive service.
4. A public artist, a private artist (then a performer) cannot make a decision if:
1) The debtor is the performer himself, close to him (persons who reside, live by a common household and have reciprocal rights and duties with the executive (including persons who reside but are not married), as well as regardless of the specified conditions-husband, wife, father, mother, stepmother, stepmother, son, daughter, stepson, stepdaughter, mother-sister, grandfather, baba, great-grandmother, great grandson, grandson, granddaughter, great-granddaughter, son of a bitch, son-in-law, mother-in-law, mother-in-law an adopter or adopted, guardian or trustee, a person who is under custody or care (c) Persons associated with them.
Related persons in the understanding of this Act are legal and/or physical persons, the relationship between which may affect the conditions or outcomes of their activities or activities they represent, subject to such criteria:
The performer directly and/or indirectly (through associated individuals) possesses corporate rights of legal personality, which is a party to executive proceedings, whether in conjunction with the legal and/or physical person who is a party of executive proceedings, possesses a Corporate rights of any legal entity;
The artist has the right and/or authority to appoint a one-person executive body or a collegial composition of the executive body/the composition of the supervisory board of designated legal entities.
Direct or mediated participation by the state in legal entities is not a basis for the recognition of such legal entities;
2) a borger or charge holder is a person who is in a labour relationship with such an artist;
(3) A performer, close to his person or person who is with an executive in a labour relationship, has a real or potential conflict of interest;
(4) The amount of the charge per executive document, subject to the sum of the executive documents already held in the private executive, exceeds the minimum amount of the insurance amount under the contract of insurance civil liability A private artist.
5. The executive document may be transferred from one private executive to another or the relevant public executive service body, or from a public executive service entity, a private executive. On the transfer (acceptance of execution) of the executive document the artist shall make the play.
The transfer of executive documents is carried out in the order defined by the Ministry of Justice of Ukraine.
Article 6. Execution of decisions by other bodies and institutions
1. In cases stipulated by law, decisions on the charge of property and funds are carried out by income and fees, and decisions regarding the charging of funds-banks and other financial institutions.
2. The decision to withhold funds from public bodies, state and local budgets or budgetary institutions shall be carried out by the treasury agencies.
3. In cases stipulated by law, decisions may be performed by other bodies.
4. Bodies and institutions specified in parts of the first-third of this article are not enforced enforcement.
Article 7. Voluntary decision making on the charging of periodic payments
1. The executive document on the charge of periodic payments may be self-sent by a charge directly directly to the enterprise, institution, organization, physical person, the physical person who pay the debtor according to the payroll, A pension, scholarship, and other income.
2. Simultaneous with the executive document, the charge gives a statement, which is noted:
(1) Revisit the bank account to which the funds should be listed;
2) surname, name, by father of the leproar, requing a document that will make the name of his person.
3. In case of the availability of executive documents about the charging of periodic payments or the denial of its size, the debtor has the right to provide an executive document for forced execution.
4. Enterprises, institutions, organizations, physical persons-entrepreneurs and individuals specified in part one of this article, are required by the applicant to pay deductions of wages, pensions, scholarships and other revenue of the debtor in the United States. the amount determined by the executive document, subject to provisions Article 70 of this Act.
Article 8. Automated recording system
1. Registration of executive documents, records of executive proceedings, registration of executive actions is carried out in an automated system of executive failure, the order of operation defined by the Ministry of Justice of Ukraine.
Free and free access to information of the automated system of executive failure provides the Ministry of Justice of Ukraine online on its official website with the ability to review, search, copy and print information, on the basis of common web reviewers and editors, without the need to apply specially created for this technology and software, without limitation and price-of-purpose.
Information must contain information about the time of its placement.
2. The automated system for executive failure is provided by:
1) an objective and unbiased distribution of executive documents between state entities;
2) providing the parties to the executive reporting of the executive proceedings;
3) the making of documents of executive proceedings;
4) the centralized storage of records of executive proceedings;
5) centralized storage of information about the accounts of the public executive service and private resources opened to the purposes of executive failure;
(6) Preparation of statistical data;
7) registration of the incoming and outgoing correspondence and the stages of its passing;
(8) The transfer of documents of executive proceedings to an electronic archive;
(9) The formation of the Single Register of borrowers.
3. Unauthorized intervention in the work of an automated system of executive failure, entails the responsibility established by the law.
4. The decision of the performers and officials of the public executive service is made by the automated system of executive proceedings. In case of a temporary lack of access to an automated system, it is possible to make paper-based documents on paper carriers with a further mandatory introduction to the automated system not later the next working day after the restoration of its operation.
Article 9. The only debtor registry
1. The only debtor registry is a systematic debtor database that is a component of an automated system of executive failure and is used to publish in real time information about the unfulfilled draft obligations of the debtors. To prevent alienation from debating property.
Information on borrowers included in the Single Register of borrowers is open and posted on the official website of the Ministry of Justice of Ukraine.
2. The debtor registration in the Single Registry of the borrowers does not release him from making a decision.
3. Notaries, organs that carry out property registration, state registration of fixed property rights and their rites, to which with the purpose of committing an alienation in any way of property to a debtor made on the day of appeal to the One register of borrowers, in the case of absence of information on the imposition of the arrest by the executive or the property of the debtor, are required to refuse the registration actions and on the day the debtor shall be notified to the only registry of the borrowers of the public executive service or private property of the property, concerning the alienation of which a debtor.
A performer not later the next working day from the day of receipt of the message is required to decide on the imposition of the arrest on the property in a manner defined by Article 56 That Act, and to direct the ordinance of the notaries, to the authorities that carry out the registration of property, not later the next working day from the day of their sentencing.
4. The provision for a line specified in part three of this article, the legal entity concerning the property of the debtor, which has led to the impossibility of compacting the requirement for a contifier by such property, is the basis for the recognition of such a legal entity.
5. The debtor is conscious of the Single Register of Debtors (except for the debtors, which are state authorities, local governments, and borrowers who do not have debt to the executive record of the periodical Payment of payments for more than three months, and debtors by decision of a non-major character) simultaneously with the release of the opening of executive proceedings.
6. The only debtor registry contains the following information:
1) surname, name, by parent (for availability), the date of birth of a debtor-a physical person or naming, an identification code of a legal person in the Single State Registry of Legal Persons, Physical Persons-Entrepreneurs and Public Formulas- Legal entity;
2) the naming of an organ or surname, name, by parent and position of the official who issued the executive document;
3) the naming of a state executive service or surname, name, by parent of a private performer, number of communication communication and email address of the artist;
4) the number of executive proceedings;
5) category of charge (alimony, fine, etc.)
7. The debtor of the debtor is excluded from the Single Register of Borrowers simultaneously with the completion of the executive order, the return of the executive document to the charge on the basis of %1 , 3 , 11 part of the first Article 37 of this Act or the return of the executive document to the court Article 38 of this Act, or on the day of the establishment of an executive, the lack of debt on the executive documents about the charging of periodic payments.
Article 10. Forced decision-making measures
1. The forced execution of decisions shall be:
1) addressing funds, securities, other property (master rights), corporate rights, property rights of intellectual property, intellectual, creative activities, other property (master's rights) of the debtor, including if they are in the home country. other persons or belonging to the debtor from other persons, or the debtor owns them together with other persons;
2) to address the charge of wages, pension, fellowships and other revenue of the debtor;
(3) Removal from the debtor and transfer of the charging of the items specified in the decision;
4) a ban on the debtor of order and/or using the property that is owned by him on the right of property, including the staff, or the establishment of a debtor of the duty to use this property on conditions determined by the performer;
(5) Other coercive measures provided by this Act.
Article 11. General rows in the executive failure
1. The lines in the executive failure are the periods of time within which the actors are required or have the right to decide or do the action.
Lines in the executive failure are established by law, and if they are not defined by law, they are set by the artist.
2. Any action or aggregate of the actions during the executive process shall be performed not later than the boundary line defined by this Act.
3. The lines set forth by this Act are evaluated in the working days, months and years, and may also be defined by reference to an event that should inevitably become.
Article 12. Rows of the executive documents to execute. Abort the validity period of the executive document leading to execution, skipping the missing line
1. Executive documents can be charged to forced execution within three years, except for the assignment of labor disputes and executive documents, by which a charge is a state or a state body that can be charged. forced execution within three months.
2. The lines specified in part one of this article are set to make a decision from the following day after the end of the line, or the end of the line installed when the solution is performed or if the solution is under immediate execution-from the following day after its adoption.
3. Executive paper on the charging of periodic payments on alimony charges, damages caused by the calibration or other health damage, loss of the hodvalnica, and so on may be charged throughout the period at which payments are awarded.
4. The performance of the executive document prior to execution is interrupted in the case of:
(1) the making of the executive document before the execution;
2) by providing a court that issued an executive document, a reissue or a solution to the execution of a decision.
5. In the case of the return of the executive document, the charge is due to the inpossibility of full or partly to complete the decision of the document before being executed after the interrupt is set from the day of its return, and in case of a return The executive document, in connection with the established law, is prohibited to address the property or the funds of the debtor, as well as holding other executive actions on the debtor-from the day to the end of the line of action.
6. The stalemate, who skipped the sentence of the executive document to the execution, has the right to request a statement of renewed such a line to the court, which issued an executive document, or to the court for the venue.
Article 13. Executive decision lines and executive action
1. During the exercise, the performer acts as an executive and decides to make decisions, warnings, statements, acts of acts, and protocols, orders, orders, requirements, submission of requests, statements, messages or other procedural documents in cases provided by this Act and other regulations.
2. Arrest on property (funds) is imposed not later the next working day after its detection, except for the case of part of the seventh Article 26 of this Act.
3. Pay requirements for forced retirement are sent not later to the next working day after the arrest and subsequent work of the following working day on account of accounts.
4. The description and arrest of the property shall be carried out not later on the fifth working day from the day of receipt of information on its location. In case of detection of the property by the performer during the inspection of the property of the debtor for the residence (s) of the physical person and the whereabouts of the legal person, the description and arrest of this property are carried out.
5. The removal of the arrest is not later on the next working day after being sent to documents confirming the basis of the basis for the basis of the arrest. part of fourth an article 59 of this Act, and is sent to the same day of the organ (institution) which was sent to act on the imposing arrest on the debtor's property.
In violation of decision-making, decision-making and executive actions are responsible in the order established by law.
A violation of decision-making and executive action by the executive actions is not a basis for the abolition of such a decision or executive action, except when they were adopted or committed to a violation of the procedure provided by the Act.
Chapter III
CONTRIBUTORS TO EXECUTIVE PROCEEDINGS
Article 14. Acts and individuals who are involved in conducting executive actions
1. Participant, parties, representatives, prosecutor, expert, specialist, interpreter, subject of evaluation-entity, intellectual property rights violated on the grounds of confiscation and destruction of property Articles 176 , 177 and 229 The Criminal Code of Ukraine, Article 51 - 2 The Code of Ukraine is about administrative offences.
2. To conduct executive actions, the executive action involves the authorities, the police officers, representatives of the officers of the custody and the care, other bodies and institutions in the order established by this Act.
Article 15. Parties to the Executive
1. A carrier and a debtor are parties.
2. The draw is a physical or legal entity or state, in favour or in the best interests of which the executive document is issued.
A debtor is defined by an executive document of a physical or legal entity, a state on which a decision is assigned.
3. For decisions on the charging of the state of funds or committing other actions to the benefit of or in the interests of the state, which are accepted by the courts in cases considered in the order of civil, administrative and economic litigation, The State body, in which the court is called to make a decision.
4. For decisions on the charging of the state of funds or committing other actions to the benefit of or in the interests of the state adopted in cases of administrative offences, and by decisions taken in criminal proceedings, the charge is held by the State a body that accepts the decision or by the material of which the court is made a proper decision.
5. In case of exploding one of the parties on the statement, the person is entitled to appeal to the court with a claim to replace the parties with a successor. For the successor, all actions committed prior to his accession to the executive proceedings are binding to the extent that they were binding on the side that the successor had replaced.
In the case of an executive failure, the naming convention (for a legal person) or name, name or parent (for a physical person), the executor, in the presence of confirmatory documents, changes its resolution of the executive order Failure.
Article 16. Representation of parties in the executive failure
1. Parties shall implement their rights and duties in executive proceedings independently or through representatives. The personal participation of the physical person in the executive failure does not deprive her of the representative of the representative, except when the debtor is required to commit certain actions in person.
2. Children and persons recognized by the courts to enact, implement their rights and act, are related to the executive proceedings, in accordance with the requirements of the law through its legal representatives.
3. The representation of legal persons in the executive failure is carried out by their officers or bodies, officials, which act within the authority given to them by the law or the constituent documents of the legal person, or through the representatives of the legal person.
4. The representative of the legal person in executive proceedings may be the person who, according to the information of the United State Register of Jurisprudence, Individuals and Public Affairs, has the right to act on behalf of such a legal person. Without any certainty. The authority of a representative of the legal person in the executive failure can be confirmed by confidence, issued and decorated in accordance with the law. A representative can learn from the name of the person he represents, all the procedural acts that they have the right to commit such a person. Data on the availability of restrictions on legal entities in executive proceedings may be contained in the Single State Registry of Legal Persons, Physical Persons-Entrepreneurs and Public Formations or in Trusted Confidence.
The authority of a lawyer as a representative is granted to the warrant, by the authority or institution that is authorized by the law to grant an irresponsible legal aid, or an agreement on the provision of legal assistance. The warrant is necessarily attached to a treaty that has the authority of a lawyer as a representative or limiting his rights to the conduct of individual actions as a representative of the executive branch. Extracts the signatures of the parties.
Article 17. Persons who cannot be represented in the executive failure
1. The representatives in the executive case cannot:
(1) Individuals who do not have full civil capacity;
(2) Judges, investigators, prosecutors, staff units that fail the operational-search activities, experts, specialists, translators, the subjects of the household, who act as participants of this executive failure, Performers and assistants of private artists, except when they act as legitimate representatives or authorized persons of the relevant body, which is a party of executive proceedings;
(3) Other persons who according to the law cannot exercise representation.
Article 18. Resource responsibilities and responsibilities, duty of resource requirements
1. The perpetrator is required to use this Act of action to force decision-making, unbiased, effective, timely and full of executive action.
2. The Artist is obligated to:
(1) To exercise forced decision-making measures in the manner and in the manner established by the executive document and by this Act;
2) to provide the parties to the executive proceedings, their representatives and the prosecutor as a participant in the executive order the opportunity to familiarize themselves with the materials of the executive proceedings;
(3) to consider the law of the statement of the parties, the other participants of the executive proceedings, and their petitions;
(4) Claim in accordance with the self-rule in accordance with the presence of circumstances prescribed by the Act;
5) to dissolve the parties and other members of the executive failure of their rights and duties.
3. The performer has the right to:
(1) To verify the execution of decision makers to be performed under this Act;
(2) to conduct legal entities, regardless of the form of property, individuals, and individuals who are entrepreneurs of decision makers in their debtors;
3) in order to protect the interests of the beholder ' s interests are free of charge from state bodies, businesses, institutions, organizations regardless of the form of property, officials, parties and other members of the executive proceedings necessary to carry out executive actions Explanations, witnesses and other information, including confidential;
4) for the presence of a motivated court decision on forced infiltration and other ownership of the physical person to incapacitate the land, to the residential and other premises of the debtor, the person in which the debtor's property is located or the property and funds belonging to the debtor of other persons, to conduct a review, if necessary to open them in established order with the involvement of police officers, to seal the premises, arrest, sealed and removed The debtor's property, which is located there, and which according to the law may be able to draw a lesion. Forced penetration into land areas, to residential and other premises due to the forced execution of a court decision on the settlement of the debtor and the recipient's all-purpose system and the decision to remove the obstacle (s) is carried out On the basis of such a court decision;
5) seamlessly enter the land areas, to the premises, repositories, other ownership of the debtor-the legal person, to conduct their review, forcibly open and sealed them;
(6) To impose an arrest on the property of the debtor, to seal, remove, transfer such property to storage and implement it in the prescribed legislation;
7) impose an arrest on funds and other borrowers, including funds that are in cash bills, on accounts in banks, other financial institutions and bodies making treasury funds (aside from funds on taxpayers ' accounts). the electronic administration system for the added value, funds in accounts with special use, special and other accounts, the payment of charge denied by the law), to accounts in securities, and to seal the cash Room and storage space;
(8) To register the survey of property in the process and in relation to the executive proceedings;
9) use on the consent of the owner of the premises for the temporary storage of the removed property, as well as the vehicles or borrowers by their consent to carry the property;
(10) to refer to the court or body that issued an executive paper, with a statement of clarification, about issuing a duplicate executive document in cases provided by this Act, to the court that issued the executive paper, " the statement said. on the establishment or changing of order and how to make a decision, whether or not to make a decision;
(11) Decide to make and make a decision (aside from court decisions), in the presence of a written statement of the contigator;
12) to appeal to the court on the subject of a search for a child, about the ordinance of the motivated decision on forced entry to housing or other possession of a debtor-a physical or other person who has a child with an executive document. -About her.
13) to appeal to the court with the provision of forced infiltration to housing or other possession of a debtor-a physical or other person who is the property of a debtor or property and the funds belonging to borrowers from other persons;
14) call on individuals, officials on the subject of the executive documents, which are in the executive failure.
If the debtor, without the most important reasons, does not appear to have an executive call, the executor has the right to appeal to the court regarding the application to the case;
15) engage in the established order of the understandings, police officers, other persons, as well as experts, specialists, and to conduct assessment of the entities of the evaluation activities-the subjects of the host;
16) impose a penalty in the form of a fine on physical, legal and official officials in cases prescribed by law;
17) apply during forced execution of photo-and film photography, video recording;
18) require the materially responsible and officials of the debtors-legal persons or borrowers-individuals to provide explanations for the facts of non-execution of decisions or the legal requirements of the executive or other violation of the executive Failure
19) in the event of a debtor's removal from the execution of obligations laid down by the decision to address the court, which issued an executive document, by establishing a temporary limit on the right of the departure of the debtor-the physical person or the head of the debtor-the legal (a) A commitment to the decision or repayment of the Committee's obligations under the decision or repayment of the payment of periodic payments.
20) be involved in the need to conduct or organize the executive actions of the host entities, including on a paid basis, by the advance payment of the beholder;
21) receive from bank and other financial institutions information about the availability of accounts and/or the state of the debtor, the movement of funds and transactions by the debtor, and the information on the debtor ' s storage of values or the provision of A borrowers in the master hire (rent) of an individual bank safe protected by the bank;
22) to exercise other powers provided by the Act.
4. The performance of the decision-making is mandatory throughout the territory of Ukraine. The non-fulfillment of the legal requirements of the executive shall entail the responsibility provided by the law.
The involvement of police personnel is carried out by the executive board, which is sent by the police chief to the police for the venue. The involvement of police to conduct executive actions can only be denied the involvement of a given territorial entity to the police to end the group breach of public safety and order or mass unrest, as well as for to overcome the effects of large-scale accidents or other large-scale emergencies.
5. During decision-making, the performer has the right to direct access to information about the debtors, their property, income and funds, including confidential, which is contained in the state databases and registers, including electronic. The order of access to such information from databases and registers is set up by the Ministry of Justice of Ukraine along with the state bodies that provide their conduct.
Article 19. Rights and duties of the parties and other members of the executive
1. Parties to executive proceedings and the prosecutor as a member of executive proceedings have the right to familiarize themselves with the materials of executive proceedings, make statements, to make copies, to make copies of the cases prescribed by the Law, have the right to access to an automated system of executive failure, the right to challenge the decision, action or inactivity of the performer in the order established by the Act, provide additional materials, to claim petitions, to participate in the executive action, provide oral and written explanations, deny the petition to other participants And other rights provided by the law.
The right to choose the executive document for forced execution into a public executive service or to a private executive if the decision is according to Article 5 This Act has been attributed to the competence and organs of the public executive service, and private performers.
2. Parties in the process of executing a decision under procedural law have the right to make a peace agreement approved by the (recognized) court that issued the executive document.
3. Other executive proceedings have the right to provide additional materials, petitions, engage in executive actions, provide oral and written explanations, to deny the petition to the other members of the executive proceedings; and To use other rights provided by law.
4. Parties are required to be urgent, not later the next working day after appropriate circumstances, to inform the executive of a complete or partial independent decision of the debtor, and the occurrence of circumstances conditioned on mandatory stopping executive action, about setting off or breaking execution, changing the way and order of the decision, change of residence or stay (including changing their registration) or location, and the debtor A physical person is also about changing the place of work.
(1) to refrain from committing actions that are impossible or complicating the implementation of the decision;
2) shall be added in accordance with the law of order of the executive to the housing and other possession, premises and repositories belonging to him or which he uses, to conduct executive actions;
3) for the decisions of the master character to submit to the executive for five working days from the opening day of the Executive Declaration on the income and property of the debtor, in particular the property he owns with others, bank accounts or other financial institutions, about the property in the bail (mortgage) or in other persons, whether funds and property provided to him from other persons, by the form established by the Ministry of Justice of Ukraine;
4) to inform the executive about the change of information specified in the Revenue and Property Declaration, not later the next working day from the day of the occurrence of the relevant circumstances;
(5) timely will appear on the request of the Artist;
6) provide an explanation for the facts of the non-execution of decisions or the legal requirements of the executive or other violation of the requirements of the executive proceedings.
6. Persons who participate in executive proceedings are required to summarize all the rights provided to them in order to provide timely and fulfilling executive actions.
Article 20. Participation of the expert, specialist and subject of evaluation-the subject of the host in the executive failure
1. To clarify and dissolve issues arising during executive conduct and need special knowledge, the performer will make a decision to attract an expert or specialist (several experts or specialists), and to conduct Property estimates are subject to master's valuation.
2. The expert or specialist can be any effective person who has the necessary knowledge, qualifications and work experience in the relevant field.
3. Expert or specialist shall be required to provide a written conclusion, and the subject of evaluation activities-the subject of the host-the written report on the issues contained in the ordinance, for 15 working days from the day of familiarity with the ruling artist. This line can be extended to 30 working days with an artist.
An expert or specialist is required to provide oral guidance on actions performed in its presence.
4. Expert, specialist and subject of evaluation activities-the entity is entitled to reward for the services given to them.
The rewards and other costs associated with the conduct of an examination by the conclusion of the specialist or report of the subject matter's subject matter are subject to the cost of executive proceedings.
5. Expert is criminally responsible for refusing to accept the duties of his duties while doing the executive proceedings, which is known to be a false conclusion. He has to be warned by the performer. The losses incurred by the parties due to the issuance of a false conclusion are known to be rejuvenated in the order established by the law. Under a false or non-objective assessment of the property, the entity is responsible for the law established by law, and the estimator is a criminal responsibility to be warned by the executive.
Article 21. The participation of the translator in the executive failure
1. During executive failure, a performer or parties can invite a translator if necessary. A translator may be any individual who possesses languages whose knowledge is necessary to translate. The person who needs translator services, the performer provides lines for his invitation, but not more than 10 working days. If the specified person does not provide a translator's participation in a string defined, it can be assigned a resolution.
2. The reclamation shall be entitled to reward for the work of the work, which belongs to the costs of executive proceedings.
3. The translator carries a criminal responsibility for the implementation of the incorrect translation during executive proceedings, and for denial of no important reasons for the execution of his duties during executive proceedings He has to be warned by the performer.
Article 22. Engaging in the concept of performing
1. Executive actions can be conducted in the presence of understandable.
2. The essence of the concept is mandatory in the case of part of third article 53 of this Act, and in the case of a non-debtor or representative of executive actions involving forced entry into land, to non-residential premises and repositories where the debtor's property is stored The charge, or the property of the charging, to be returned to it in the nature, to the housing, another possession of the person to ensure forced eviction of it and the universe in it, during the conduct of the description, arrest, removal and transfer of property.
3. The concepts may be any nutrient-capable individuals who do not have any personal interest in the executive actions and are not associated with either themselves or with the members of the executive failure of the family ties, as well as the subordinates of the participants of the executive proceedings. The number of concepts that an executive act cannot be smaller than two individuals.
The notion is entitled to know, to participate in the failure of which executive actions are invited, on the basis of which the executive document is issued, as well as to make remarks on the failure of the executive actions. The remarks are understood to be subject to an act of appropriate executive action.
It is bound to witness the fact, the content and results of the executive action, during which it was present. At the beginning of the executive action, the performer clarifies the notion of their rights and duties, as noted in the act.
Article 23. Waste in actuators
1. In case of detection of circumstances part of fourth Article 5 of this Act shall be required to submit a self-departure and report it to the contifier.
From the same approach, the departure of the artist can be statements by a banner, a debtor or their representatives. The rejection should be motivated, laid out in writing form and can be statements any time before the end of the executive proceedings.
2. The question of the abandonment of a statesman who has not stated self-rejection is decided by the chief of the department, who is subordinate to the state executioner, of the ruling.
The question of the departure, the self-departure of the chief of the department or all of the state performers of the designated department is decided by the head of the body of the public executive service of the higher level. A resolution of satisfaction or failure in the satisfaction of the departure, self-failure of the chief of the department or all of the state performers of the specified department can be challenged in a 10-day row in the order established by this Act.
In the event of a failure of the state executive, the executive document is transferred to an established order of another state executive or another public executive service.
A refusal to meet the departure of a state executive can be appealed to a 10-day row in the order established by this Act.
Officials who have the right to consider a report from a state executive are required to consider a statement of departure or self-failure in the five working days after its departure.
3. The question of the abandonment of a private executive who has not stated self-failure is decided by the private executive to be held up to five working days after the announcement of the failure.
In the case of a private executive, he is obliged to return the executive document or to hand it over the consent of another private executive or to the corresponding body of the public executive service.
A private executive's decision on self-departure or failure in waste can be challenged by a charging, debtor or their representative to the court.
4. Expert, specialist, subject of evaluation activities-the subject of the host, the translator cannot participate in the executive failure and are subject to withdrawal if they are close relatives of the parties, their representatives or other persons who take participation in the executive failure, or interest in the making of the decision, or if there are other circumstances causing doubt in their impartiality.
