Date of entry into
force:
January 1, 2013
(Abstract)
The Law establishes the state’s guarantees of execution of court
resolutions and enforcement documents determined by the Law of Ukraine “On
Execution Procedure” (hereinafter referred to as “court resolution”) and the
specifics of their execution.
According to Article 2 of the Law, the state guarantees execution of a
court resolution on collection of funds and on obligations to carry out certain
actions in respect of property, where the debtor is:
·
a state body;
·
a state enterprise, institution or organization
(hereinafter referred to as “state enterprise”);
·
legal entity whose property cannot be subject to
mandatory sale according to the legislation (hereinafter referred to as “legal
entity”).
Mandatory sale of property of legal entities means alienation of objects of
immovable property and other means of production used by legal entities to
carry out production activity, as well as capital (shares, interests) owned by
the state and included in the equity capital of such legal entities. The Law
does not apply to the court resolutions where the claimant is a state body,
state enterprise, body of local self-government, or an enterprise, institution
or organization in municipal property.
Articles 3 and 4 of the Law determine the specifics of executing court
decisions on collection of funds from a state body, state enterprise or a legal
entity.
If the State Treasury Service of Ukraine did not transfer funds under a
court resolution on collection of funds within three months, the claimant shall
be paid a compensation amounting to three percent annual interest for the
unpaid amount, at the expense of the funds allocated in the budget program for
guaranteeing execution of court resolutions. Compensation for violating the term
of transferring funds under a court resolution on collection of funds from a
state body is accrued by the State Treasury Service of Ukraine. Compensation
for violating the term of transferring funds under a court resolution on
collection of funds from a state enterprise or legal entity is accrued by a
state enforcer within five days of receiving a notification from the State
Treasury Service of Ukraine about collection of funds, except for cases when
funds are transferred to the appropriate account of the State Executive Service
of Ukraine. If the funds under a court resolution were not transferred to the
claimant from the appropriate account of the State Executive Service of Ukraine
within ten days of receiving all documents and information required for it, the
claimant shall be paid compensation in the amount described above, at the
expense of the funds allocated in the budget program for guaranteeing execution
of court resolutions (Article 5 of the Law).
According to Article 6 of the Law, funds paid under a court resolution to
collect funds according to the Law are considered losses of the state budget.
The official or civil servant of a state body, state enterprise or legal
entity, whose actions resulted in losses of the state budget is liable
according to law. By request of a body of the State Treasury Service of
Ukraine, prosecutor bodies address the court in the interests of the state,
with claims to compensate losses incurred by the state budget. If, according to
a court resolution that has become final, a component of crime was found in the
actions of the official or civil servant of a state body, state bodies shall,
according to the procedure established by the legislation, exercise the right
of exoneration (recourse) against such person to compensate the losses incurred
by the state budget, in the amount of the compensation paid, unless otherwise
established by the legislation. After exercising court resolutions on
collecting funds from accounts where state budget funds are booked, state
bodies shall, in cases determined by the Law, hold an internal investigation in
respect of involved officials and civil servants of such state bodies, if no
component of crime was found in the actions of the above persons according to a
court resolution that has become final. Based on the results of the internal
investigation and by request of the bodies of the State Treasury Service of
Ukraine with appropriate materials enclosed, state bodies and prosecutor bodies
may address a court with a claim application to compensate the losses incurred
by the state budget and present the officials and civil servants of such bodies
that are responsible for these losses (except for compensation of payments
related to labor relations and moral damages) with exoneration (recourse)
demands. If the losses incurred by the state budget resulted from joint actions
or inaction of several officials or civil servants, such officials or civil
servants shall bear solidary liability according to law.
Execution of course resolutions on obligations to carry out certain actions
in respect of property, where the debtor is a state body, state enterprise or a
legal entity, is carried out according to the procedure established by the Law
of Ukraine “On Execution Procedure”, with regard to the specifics established
by the Law. If such court resolutions are not executed within two months after
the resolution to initiate the execution procedure was made, except for cases
when the claimant is obstructing the execution activities, the state enforcer
shall address the court with a request to change the method and procedure of
the resolution execution (Article 7 of the Law).
No comments:
Post a Comment