Ministry of Justice approved the new Regulations on the organization of decisions enforcement

/11
April 2012

 

The corresponding order of the Ministry of Justice, № 512/5 of 02.04.2012 «On the approval of Instruction on the organization of the decisions enforcement" shall take effect from the date of its publication.

Thus, the Ministry of Justice codified existing regulations regarding the organization of the enforcement of judgments. The new Instruction sets the order of foreclosure on the property, wages, determines a list of enforcement services, establishes requirements for the enforcement document, as well as details and requirements for the documents issued by the State Enforcement Officer.

The establishment and functioning of the enforcement groups, as well as the order of transmission of the enforcement proceedings are now determined by the Instruction, as opposed it was declared by individual regulations before.

It should be also noted that the Instruction separately defined the procedure of temporary restriction on the right of a debtor - individual or a head of a debtor - legal entity to leave the territory of Ukraine till the fulfillment of obligations under a judgment.

Following the publication of the order of the Ministry of Justice, № 512/5 of 02.04.2012 «On the approval of Instruction on the organization of the decisions enforcement" the following regulations will lose its validity:

- Instruction on the enforcement actions, approved by the Ministry of Justice of Ukraine dated 15.12.99, № 74/5, except paragraph 5.11 of Chapter 5, subparagraph 5.12.5 of paragraph 5.12 of Chapter 5, which remain in force until the entry into force of the order of encashment  of the arrested by state enforcement officers property;

- Order of the Ministry of Justice of Ukraine dated 17.05.2004, № 37/5 "On approval of the formation and functioning of the enforcement groups at the state enforcement service";

- Order of the Ministry of Justice of Ukraine dated 17.05.2004, № 38/5 "On approval of the transmission of the enforcement proceedings from one state executive body of state enforcement service to another or the enforcement group, from one state enforcement officer to another."