How to avoid paying an executive fee?

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04.05.2023 22:04 772

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Photo of sikorsky.y.o Yaroslav Sikorsky

In accordance with Article 27 of the Law of Ukraine "On Executive Proceedings", in order to avoid paying the executive fee, it is necessary to fulfill the requirements of the executive document before issuing a resolution on the opening of executive proceedings.

There are also a number of other exceptions when the executive fee is not charged:

  • according to executive documents on confiscation of property, collection of periodic payments (except executive documents on the collection of alimony, in the presence of arrears from the payment of alimony, the total amount of which exceeds the amount of relevant payments for twelve months), seizure of property to secure legal claims, according to executive documents , which are subject to immediate execution;

  • in case of implementation of decisions of the European Court of Human Rights;

  • if the execution of the decision is carried out at the expense of the funds provided by the budget program for ensuring the execution of court decisions in the manner established by the Law of Ukraine "On State Guarantees for the Execution of Court Decisions";

  • according to the executive documents on the collection of the executive fee, the collection of costs of the executive proceedings, fines imposed by the executor;

  • in case of execution of the decision by a private executor;

  • according to the executive documents on debt collection, which is subject to settlement in accordance with the Law of Ukraine "On measures aimed at settling the debt of heat supply and heat-generating organizations and enterprises of centralized water supply and drainage" and the Law of Ukraine "On measures aimed at overcoming crisis phenomena and ensuring financial stability on the natural gas market", as well as in accordance with the resolutions of the state executives brought into force by the aforementioned laws.

04.05.2023 23:25

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