We draw your attention to the fact that on June 20, 2023, draft law No. 9407 "On Amendments to the Law of Ukraine "On Executive Proceedings" regarding certain issues of execution of executive proceedings and the responsibility of executors" appeared on the official website of the Verkhovna Rada.
What problem is being solved?
Quite often, executors impose an arrest not on a part, but on all of the debtor's funds. That is, a situation arises when the amount of seized funds significantly exceeds the amount necessary for the execution of the executive document.
In order for executors not to abuse their powers, the draft law proposes to prohibit the seizure of the debtor's property and funds in a larger amount than is necessary to ensure the actual execution of the decision.
What else is changing?
The draft law proposes to supplement the list of persons against whom execution of executive proceedings is terminated by persons who are serving as part of the Forces of the Russian Federation, as well as persons who take part in measures to ensure the defense of Ukraine, the protection of the safety of the population and the interests of the state in connection with the military aggression of the Russian Federation.
Also, the specified act proposes to supplement the Law of Ukraine "On Executive Proceedings" with a new article 76-1, which will provide grounds for bringing executives to disciplinary responsibility.
Thus, this article establishes that among the disciplinary offenses of state officials there may be, in particular, but not exclusively, a display of disrespect for the state, state symbols, and the people of Ukraine; appearing at work in a drunken state; making a decision that contradicts the law or the conclusions of the Supreme Court. Then, as for private executors, non-compliance with the deadlines for executive actions will be considered a disciplinary offense; violation of the rules of professional ethics; violation of requirements for compatibility with the profession.
From the above, it can be concluded that the adoption and implementation of this draft law will have a positive effect and, most importantly, will contribute to the protection of the rights and interests of the parties to the enforcement proceedings.
So, if you believe that your legal rights and interests have been violated, Dynasty Law & Investment specialists are ready to fight for their protection and restoration.
Violetta Fedorko, lawyer at Dynasty Law & Investment