Peculiarities of executive proceedings in wartime

Enforcement proceedings are the final stage of court proceedings and enforcement of court decisions (Article 1 of the Law of Ukraine "On Enforcement Proceedings").

As you know, by Decree of the President of Ukraine No. 64/2022 of 24.02.2022, in connection with the military aggression of the Russian Federation against Ukraine, martial law was imposed on the territory of Ukraine. It should be noted that such a special legal regime, in particular, provides for the limitation of the constitutional rights and freedoms of a person and a citizen and the rights and legal interests of legal entities with the indication of the period of validity of these limitations (Article 1 of the ZU "On the Legal Regime of Martial Law").

So, in the area of enforcement proceedings, the peculiarity of the wartime legal regime was expressed in the Law of Ukraine "On Amendments to Chapter XIII "Final and Transitional Provisions" of the Law of Ukraine "On Enforcement Proceedings", which was adopted on March 154, 2022 and entered into force on March 26, 2022 What are the features of executive proceedings provided for by this Law?

Thus, this Law supplemented Chapter XIII "Final and Transitional Provisions" of the Law of Ukraine "On Executive Proceedings" with Clause 10-2 of the following content:

"10-2. Before the entry into force of the law on the settlement of relations involving persons related to the aggressor state, execution of executive actions shall be suspended, the replacement of debt collectors in executive actions, for which the Russian Federation or the following persons are the debt collectors, shall be prohibited:

citizens of the Russian Federation;

legal entities created and registered in accordance with the legislation of the Russian Federation;

legal entities created and registered in accordance with legislation different from the legislation of Ukraine, among the ultimate beneficial owners, members or participants (shareholders) of which is the Russian Federation, a citizen of the Russian Federation or a legal entity created and registered in accordance with the legislation of the Russian Federation.

This restriction does not apply to citizens of the Russian Federation who reside on the territory of Ukraine on legal grounds, and legal entities created and registered in accordance with the law of Ukraine, the ultimate beneficial owner, member or participant (shareholder) of which are exclusively citizens of the Russian Federation who reside on the territory of Ukraine on legal grounds, or exclusively citizens of Ukraine and citizens of the Russian Federation who live on the territory of Ukraine on legal grounds.

Temporarily, for the period until the termination or abolition of martial law on the territory of Ukraine:

natural persons may carry out expenditure transactions from accounts whose funds have been seized by the state executive service bodies, private executors, without taking into account such seizure, provided that the amount of recovery under the executive document does not exceed 100 thousand hryvnias;

legal entities - debtors may carry out expenditure transactions from accounts whose funds have been seized by the state executive service bodies, private executors, exclusively for the payment of wages in the amount of no more than five minimum wages per month for one employee of such a legal entity, and as well as payment of taxes, fees and a single contribution to mandatory state social insurance;

collection of wages, pensions, stipends and other income of the debtor is terminated (except for decisions on the collection of alimony and decisions for which the debtors are citizens of the Russian Federation);

the terms defined by this Law are interrupted and established from the date of termination or cancellation of martial law.

It is prohibited to initiate executive proceedings and take measures to enforce decisions on the territory of administrative-territorial units that are temporarily occupied as a result of the military aggression of the Russian Federation, during the period of such occupation.

According to decisions on the collection of alimony, enterprises, institutions, organizations, natural persons, natural persons - entrepreneurs who make deductions from the debtor's salary, pension, stipend and other income, transfer the collected funds to the account specified in the application or appeal of the collector, and in the absence of details of the debt collector's account - to the corresponding account of the state executive service body, private executor".

It should be noted that the changes are spelled out in this Law quite clearly and do not require special explanations, however, there is a peculiarity regarding the effect of this Law in time. Some of the changes are valid until the entry into force of the law on the settlement of relations involving persons associated with the aggressor state, and other changes - for the period until the termination or abolition of martial law on the territory of Ukraine. Thus, upon adoption of the relevant law regulating relations involving persons associated with the aggressor state, the relevant part of the Law will lose its validity and the norms specified in the relevant profile law (laws) will apply. At the same time, another part of the Law will lose its validity with the termination or cancellation of martial law on the territory of Ukraine.

In this article, we can offer a template of a Statement on the enforcement of a decision, which you can create yourself in the Instaco at the link. To create, you only need to enter the necessary data in the designer.

Please note that this template is used to initiate collection by court decision from all legal entities and individuals and is not used for collection of funds from state and local budgets. The mechanism of execution of decisions on the collection of funds of the state and local budgets or debtors, adopted by the courts, as well as by other bodies (officials) who in accordance with the law have the right to make such decisions is regulated by the Procedure for the execution of decisions on the collection of funds of the state and local budgets or debtors, approved by resolution of the Cabinet of Ministers of Ukraine dated August 3, 2011 No. 845.

The sample Application for enforcement of the decision was prepared by attorney Natalya Krasnokutska (Instagram @advocate_knn, Facebook instaADVOCATE).

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