If the enforcement case has been pending for more than three years...

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... then its executor had to be closed and transferred to the court, which issued a writ of execution without execution? What legal norms provide for this?

10.08.2023 14:47 469

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Photo of sikorsky.y.o Yaroslav Sikorsky

Enforcement proceedings are carried out until they are actually executed. Other grounds for the termination of enforcement proceedings are provided for in Article 39 of the Law of Ukraine "On Enforcement Proceedings", in particular:

  1. recognition by the court of the debt collector's refusal to enforce the court decision;

  2. approval by the court of the settlement agreement concluded by the parties in the process of execution of the decision;

  3. termination of a legal entity - a party to enforcement proceedings, if the fulfillment of its duties or requirements in enforcement proceedings does not allow succession, death, declaration of death or recognition of the debt collector or debtor as missing;

  4. adoption by the National Bank of Ukraine of a decision to revoke the banking license and liquidate the debtor bank;

  5. cancellation or invalidation of the decision on the basis of which the executive document was issued, or recognition by the court of the executive document as unenforceable;

  6. the debt collector's written refusal to receive the items seized from the debtor during the execution of the decision to transfer them to the debt collector, or the destruction of the thing that must be handed over to the debt collector in kind or removed for a fee;

  7. expiration of the term provided for by law for the corresponding type of collection, except in the case if there is arrears for the collection of the corresponding payments;

  8. actual full implementation of the decision in accordance with the executive document;

  9. return of the executive document without execution at the request of the court or other body (official) that issued the executive document;

  10. sending an executive document to the court that issued it, in the case provided for by the third part of Article 63 of this Law;

  11. if the decision was actually implemented during the execution of the decision of the European Court of Human Rights;

  12. failure to submit an executive document for resumed executive proceedings within the terms specified in Article 41 of this Law;

  13. if the funds collected from the debtor in full are not claimed by the debt collector during the year and, in connection with this, are transferred to the State Budget of Ukraine;

  14. if the funds received from the sale of the pledged property (according to the executive document on foreclosure of the pledged property) are insufficient to satisfy the requirements of the debt collector - the pledgee, as well as if the property that is the subject of the mortgage was transferred to the mortgagee or purchased by him in accordance with the requirements of the Law of Ukraine "On mortgage" according to the executive document on foreclosure on the property that is the subject of the mortgage;

  15. settlement (repayment, write-off) in accordance with the Law of Ukraine "On Measures Aimed at Settlement of Debt of Heat Supply and Heat Generating Organizations and Centralized Water Supply and Sewerage Enterprises" of fines (fines, penalties), other fines, financial sanctions, as well as inflationary charges and interest per annum, accrued on the debt of heat supply and heat generating organizations to the National Joint Stock Company "Naftogaz of Ukraine", its subsidiary "Gas of Ukraine", the public joint stock company "Ukrtransgaz", the operator of the gas transportation system and the operators of gas distribution systems, for the consumed natural gas, as well as services from its transportation and distribution, respectively, to heat-generating organizations for thermal energy obtained for its further supply to consumers and/or provision of relevant communal services, centralized water supply and drainage enterprises that provide centralized cold water supply and drainage services (using indoor systems), services for centralized water supply and centralized water drainage, before electricity suppliers or operators of the distribution system (as successors in terms of rights and obligations under contracts for the supply of electric energy and on the use of electric energy) for the consumed electric energy, which were subject to execution on the basis of an executive document under a court order a decision that has entered into legal force;

  16. write-off in accordance with clauses 2-3, 2-4 and sub-clause 26.2 of clause 26 of subsection 10 of chapter XX of the Tax Code of Ukraine in the full amount of tax debt (including fines and penalties) that were subject to execution on the basis of an executive document;

  17. write-off in accordance with clauses 9-15 of Chapter VIII of the Law of Ukraine "On the collection and accounting of a single contribution to mandatory state social insurance" of the sums of arrears from the payment of a single social contribution to mandatory state social insurance (including fines and penalties ), which were subject to execution on the basis of an executive document;

  18. adoption by the Deposit Guarantee Fund of individuals of a decision to start the liquidation procedure of the debtor bank;

  19. if, in accordance with the terms of the dispute settlement agreement (settlement agreement) concluded between a foreign entity and the state of Ukraine at any stage of dispute settlement or case consideration, including the stage of recognition and execution of the decision, the executive document is not subject to execution or is entrusted to the executive by the document on the debtor, the obligations are subject to termination regardless of the date of conclusion of such an agreement;

  20. settlement (repayment, write-off) in accordance with the Law of Ukraine "On measures aimed at overcoming crisis phenomena and ensuring financial stability in the natural gas market" of penalties (fines, penalties), other fines, financial sanctions, as well as inflation charges and annual interest , charged to the debts of the participants in the debt settlement procedure, which were subject to execution on the basis of an executive document according to a court decision that has entered into force;

  21. settlement (repayment, write-off) of debts by the operator of the gas distribution system in accordance with the Law of Ukraine "On measures aimed at overcoming crisis phenomena and ensuring financial stability in the natural gas market", if such executive proceedings were initiated by the decision on obligations of the National Commission, which carries out state regulation in the fields of energy and communal services, to set the operator of the gas distribution system an economically justified tariff for natural gas distribution services, including compensation for the period from January 1, 2015 to December 31, 2020, inclusive.

14.08.2023 19:06

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