The Law of Ukraine
On Execution Procedure
Date of Entry into Force:
May 28, 1999
This Law defines conditions and procedure for execution of decisions of courts and other bodies which according to the law shall be subject to forced execution in case of their voluntary non-fulfillment.
Forced execution of decisions in Ukraine is assigned to the State executive service which is one of bodies of the Ministry of Justice of Ukraine.
In compliance with the norms of legislation (the Law of Ukraine "On State Executive Service") forced execution of decisions shall be carried out by:
- state executives from the department of forced execution of decisions of the State executive service department of the Ministry of Justice of Ukraine;
- subdivision of forced execution of decisions of state executive service departments of the Central Administration of Justice at the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, oblast, Kyiv and Sevastopol city administrations of justice;
- district, city (cities of regional significance), district in cities departments of state executive service.
Other bodies, institutions, organizations and officials may carry out executive actions on demand or on instruction of the state executive.
The Law gives the list of decisions which shall be executed by the State executive service. To this list refer:
- decisions, rulings and resolutions of courts in civil cases;
- sentences, rulings and resolutions of courts in criminal cases in part of pecuniary penalties;
- decisions of commissions on labor disputes;
- other decisions.
Demands of the state executive regarding execution of the above decisions shall be obligatory for all bodies, organizations, officials, citizens and legal entities on the territory of Ukraine.
The following legal measures for forced execution of decisions are envisaged:
- imposition of penalty on the debtor's property;
- imposition of penalty on the debtor's salary (earnings), incomes, pension, grant;
- seizure from the debtor and transmission to the beneficiary of some things indicated in the decision;
- other measures stipulated by the decision.
Norms of the Law define rights and duties of state executive, parties and participants of execution procedure.
The state executive shall initiate execution procedure on the basis of one of the following documents:
1) application of the beneficiary or its representative for forced execution of decision of competent body;
2) application of public prosecutor in cases of representation of interests of citizens or state in court;
3) in other cases envisaged by law.
Executive actions shall be performed by the state executive in the place of the debtor's residence, work or location of its property. Beneficiary shall have the right to choose the place of execution.
Executive documents may be presented in firmly established terms. So:
1) executive letters and other judicial documents, certificates of commissions on labor disputes, resolutions of bodies (officials) authorized to consider cases on administrative offences - during three years;
2) all other executive documents - during a year, unless otherwise is established by law.
Missed term of presenting executive document to execution may be renewed under judicial proceedings.
The state executive shall bring in resolution about initiating execution procedure in a three-day term from the day s/he receives executive document. The resolution shall contain determined by the state executive term (up to 7 days) for voluntary fulfillment of decision. The copy of the resolution on initiating execution procedure shall be sent to beneficiary, debtor and body (official) which issued executive document not later than the next day. The resolution on initiating execution procedure or refusal to initiate it may be appealed by parties to execution to the head of respective department of the State executive service or respective court in a ten-day term.
If pursuant to executive documents there is no information about the debtor's residence (location), the state executive shall apply to court with petition on passing the ruling about search of the debtor.
In case the debtor fulfills respective decision fully and voluntarily the state executive shall make act therein. The act shall be the ground for ending execution procedure. In case the debtor does not fulfill decision voluntarily and in a set term the state executive shall start its forced execution.
The Law covers the questions regarding terms of and procedure for postponement, stop, prolongation or installment and end of execution procedure by the state executive.
The money collected by the state executive from debtor shall be distributed as follows:
- first of all, advance deposit of parties and other persons for conducting executive actions shall be returned;
- secondly, shall be reimbursed those expenses of the State executive service for conducting executive actions which were not covered by advance deposit of parties and other persons;
- thirdly, beneficiary's requirements shall be satisfied and executive duty shall be collected. Executive duty shall be collected in proportion to actually satisfied requirements of the beneficiary.
The sum which remained after full execution of decision shall be used to pay penalties imposed on the debtor during execution procedure. The funds that remained after payment of penalties shall be returned to the debtor.
Penalty, pursuant to the executive documents, shall be imposed, firstly, on the debtor's funds in hryvnas and foreign currency, other values including funds on the debtor's accounts and deposits in bank establishments and other credit organizations, on securities accounts in security depositaries. In case the debtor does not have funds necessary for full fulfillment of debt liabilities penalty shall be imposed on:
- owned by it property. Confiscated property shall be transferred to sale to the specially authorized bodies. Funds obtained from sale shall be directed to settle debt liabilities. The Law contains the list of property which shall not be subject to penalty imposition;
- salary and other incomes. Total amount of all deductions during each payment of salary shall not exceed 50% of salary which shall be paid to the employee, including in respect of deductions by several executive documents. The Law enumerates incomes which shall not be subject to penalty imposition.
Execution procedure (in compliance with the norms of this Law) may be performed in respect of foreigners and stateless persons who live or are registered on the territory of Ukraine, or own property on its territory.