Ukraine creates unified register of debtors

Saturday, June 4, 2016 - 20:10 (EEST) Section: Latest news

The Verkhovna Rada of Ukraine adopted the law ”On Enforcement Proceedings” (2507a), which introduces the institute of private executives of court rulings, envisaging the formation of the unified register of debtors.
The law sets forth the list of rulings that cannot be enforced by private executives.
Thus, private executives shall have no authority to enforce court rulings relating to the separation or acceptance of a child, establishing meetings with a child or removing obstacles in meetings with a child; also court rulings in which a debtor is the State, government bodies, the National Bank of Ukraine, local authorities and their officials, state and municipal enterprises, institutions, organizations, legal entities with the state share in the authorized capital of more than 25%, and/or entities completely funded from state or local budgets; court rulings in which the debtor is a legal entity, whose property`s sale cannot be enforced according to law; court rulings in which claimants are the State and public bodies.
Private executives shall enforce rulings of administrative courts and the European Court of Human Rights; court rulings that involve the commission of actions against property in state or municipal ownership; court rulings on eviction and moving in of individuals; court rulings in which debtors are minors or persons deprived of legal capacity or whose civil capacity is limited; rulings on confiscation of property; rulings the execution of which is included by this law in the competence of other agencies, which are not enforcement authorities.
The law stipulates that private executives reserve the right to return the executive document to the recoverer without due enforcement.
The law also envisages the establishment of the unified register of debtors, i.e. a systematized database of debtors, constituting a part of the automated enforcement system. The register is created with a view of publishing real-time information on outstanding liabilities of debtors and preventing the alienation of property by them.
The records about the debtors included in the unified register of debtors are publicly available and posted on the official website of the Ministry of Justice of Ukraine.
The debtor registration in the unified register of debtors does not release the debtor from the duty to comply with a decision.
The law also stipulates that executives can involve witnesses, police officers, representatives of the guardianship authorities, other bodies and institutions to conduct executive actions.
According to the law, when enforcing court rulings the executives shall be entitled to immediate access to information about debtors, their property, income and assets, including confidential information contained in public databases and registers, including electronic ones.