There is a court decision (I see it in ACTION), but in the executive proceedings it is written...?

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..."there are no open ones, you are fine."

The case regarding the return of overpaid funds from UPSZN.

I don't understand whether to implement the court decision without opening executive proceedings, or to wait for it to be opened?

And won't the bank card be blocked before the opening of executive proceedings?

16.05.2023 16:47 471

Answers

Photo of sikorsky.y.o Yaroslav Sikorsky

There may be several reasons why there is no information about open executive proceedings.

First, maybe the court decision has not yet entered into force. The court's decision becomes legally binding after the expiry of the appeal period (30 days).

Secondly, a court decision is not enough to open executive proceedings. It is necessary to obtain an executive letter based on a court decision. Enforcement proceedings are opened precisely on the basis of a writ of execution, not a decision. However, the writ of execution can be produced by the court up to 10 days after writing the corresponding application for its receipt, therefore, perhaps because of this, the execution proceedings have not yet been opened.

I would recommend that you comply with the court decision before the opening of enforcement proceedings. If you do so, you will not need to pay an executive fee.

Regarding the blocking of the bank card, I would like to inform you that it is not possible to block the card before the opening of enforcement proceedings.

16.05.2023 23:30

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