Enforcement proceedings

Enforcement proceedings are actions aimed at the compulsory execution of court decisions and of decisions of other competent authorities. Compulsory execution is entrusted to the State Enforcement Service and to private enforcement officers.

Main services of the attorney

• advice on matters connected with enforcement proceedings and the compulsory execution of court decisions
• preparation and filing of the necessary documents
• representation of individuals and legal entities in enforcement proceedings
• challenging the actions or inaction of a State enforcement officer
• assistance and comprehensive support in resolving any matters in your favour before the State Enforcement Service and private enforcement officers in Kyiv

Without proper control by the claimant over the actions of the enforcement officer, a court decision is unlikely to be executed properly — or may not be executed at all.

Where circumstances arise that complicate execution or make it impossible, the party's representative initiates court proceedings to postpone execution, to allow payment by instalments, or to change the method and procedure of execution (Art. 351 of the Civil Procedure Code). In practice there is sometimes also a need to specify how a court decision is to be executed, or to have it clarified.

A more advanced form of legal assistance is representation by an attorney before the State Enforcement Service, since as a rule citizens do not have sufficient legal knowledge to protect their own rights, freedoms and legally protected interests, whereas the qualified assistance of an attorney is always more effective.

A good attorney reacts in good time to the need to secure the enforcement of property claims, the inventory of the debtor's property and its seizure, the release of property from seizure and its exclusion from the inventory.

Having established the fact that the debtor has disposed of property and having checked the lawfulness of the transaction, the attorney may raise before the competent authorities the question of bringing a claim to declare that transaction invalid where there is a suspicion that it is fictitious.

The attorney may also protect the lawful interests of a party to enforcement proceedings in other forms: providing legal advice and drafting applications, motions and other procedural documents.

Enforcement documents subject to execution

Under the law, the State Enforcement Service executes, in particular:

• writs of execution issued by courts and orders of commercial courts, including those based on decisions of arbitration tribunals and of the International Commercial Arbitration Court
• court rulings and decrees in civil, commercial and administrative cases
• decisions of authorities authorised to consider cases of administrative offences
• notarised writs of execution
• certificates of labour dispute commissions issued on the basis of their decisions
• decisions of State and other bodies in the cases provided for by law

Correct preparation of these documents and control over their movement is precisely what determines whether the decision in your favour will actually be executed.