50 Questions on the Enforcement of Judicial Acts

1. What is meant by the initiation of enforcement proceedings?

Answer: The initiation of enforcement proceedings is a procedural act performed by a state enforcement officer, expressed in the acceptance of an enforcement document for execution and the issuance of a relevant ruling. It constitutes the legal fact from which the stage of compulsory enforcement of a judicial or other act begins and from which the procedural rights and obligations of the parties arise.

2. Within what time limit is a state enforcement officer required to initiate enforcement proceedings?

Answer: A state enforcement officer is required to issue a ruling on the initiation of enforcement proceedings no later than one working day from the moment a duly executed enforcement document is received. Violation of this time limit constitutes a procedural breach.

3. What time period is granted to the debtor for voluntary compliance?

Answer: The debtor is granted up to 15 days for voluntary compliance with the requirements of the enforcement document, unless otherwise established by law. Upon expiration of this period, compulsory enforcement is applied together with the collection of an enforcement fee.

4. In what cases is the voluntary compliance period not granted?

Answer: The voluntary compliance period is not granted for enforcement documents subject to immediate execution, including:

• reinstatement at work;
• recovery of alimony;
• other cases expressly provided for by law.

5. Is a ruling on the initiation of enforcement proceedings subject to appeal?

Answer: Yes. A ruling of a state enforcement officer on the initiation of enforcement proceedings may be appealed in court or challenged by a prosecutor in accordance with the procedure established by law.

6. In what cases is an enforcement document returned without execution?

Answer: An enforcement document is returned if:

• the time limit for submission for execution has expired;
• the document does not comply with legal requirements;
• mandatory attachments are missing;
• the rules of execution have been violated.

7. Does the return of an enforcement document deprive the right to resubmit it?

Answer: No. After eliminating the deficiencies, the enforcement document may be resubmitted for execution in the general procedure.

8. Where are enforcement actions carried out?

Answer: Enforcement actions are carried out:

• at the debtor’s place of residence or work;
• at the location of the debtor’s property;
• at the place of performance of the obligation, if it concerns non-material actions.

9. May a state enforcement officer act outside his or her territorial jurisdiction?

Answer: Yes. If necessary, a state enforcement officer is entitled to carry out enforcement actions outside his or her territory, having notified the relevant senior state enforcement officer.

10. At what time may enforcement actions be carried out?

Answer: Enforcement actions are carried out from 08:00 to 22:00 on working days. During non-working hours and public holidays, they are permitted only in urgent cases or in cases of debtor evasion.

11. What is recognized as measures of compulsory enforcement?

Answer: Measures of compulsory enforcement are actions provided for by law and taken by a state enforcement officer, aimed at the actual execution of the requirements of an enforcement document against the will of the debtor.

12. What main measures of compulsory enforcement are provided by law?

Answer: The main measures include:

• levy of execution on monetary funds;
• seizure of property;
• seizure and sale of property;
• deductions from income;
• prohibition on the debtor’s departure abroad;
• fines and other interim measures.

13. From what moment are compulsory enforcement measures applied?

Answer: Such measures are applied after the expiration of the voluntary compliance period if the debtor has failed to comply without valid reasons.

14. May property be seized upon initiation of proceedings?

Answer: Yes. At the initiative of the state enforcement officer or at the request of the creditor, seizure of property may be imposed simultaneously with the initiation of enforcement proceedings.

15. What does seizure of property consist of?

Answer: Seizure of property includes:

• prohibition of disposal;
• restriction of use;
• removal of property where necessary.

16. How is levy of execution on the debtor’s monetary funds carried out?

Answer: Recovery is carried out by:

• debiting funds from bank accounts;
• issuing collection orders;
• deductions from wages and other income.

17. Is it possible to sell property without a court decision?

Answer: Yes. Sale of seized property is carried out administratively through electronic auctions or other lawful methods without issuance of a separate judicial act.

18. What measures are applied when a debtor evades execution?

Answer: The following measures are applied:

• fines;
• compulsory conveyance;
• temporary restriction of the right to leave the country;
• bringing the debtor to administrative or criminal liability.

19. Are the actions of a state enforcement officer subject to judicial control?

Answer: Yes. All actions (or inaction) of a state enforcement officer may be appealed in court and challenged by a prosecutor.

20. How is the balance of interests between the creditor and the debtor ensured?

Answer: The balance is ensured through:

• the principle of proportionality of measures;
• procedural guarantees of the parties;
• judicial and prosecutorial oversight;
• the possibility of voluntary compliance.

21. What is the legal essence of levying execution on the debtor’s property?

Answer: Levy of execution on the debtor’s property represents a set of enforcement actions aimed at identifying, seizing, removing, and selling the debtor’s property in order to satisfy the creditor’s claims in a compulsory manner.

22. What is the order of levying execution on the debtor’s property?

Answer: Recovery is carried out in accordance with the principle of proportionality and minimal interference:

• monetary funds;
• other movable property;
• immovable property.

Violation of this order is permitted only in the absence or insufficiency of property of the previous category.

23. May execution be levied on jointly owned property?

Answer: Yes. Execution may be levied on the debtor’s share in jointly owned property, which is determined either by agreement of the parties or by a court.

24. How is seizure of the debtor’s property formalized?

Answer: Seizure is formalized by a ruling of the state enforcement officer and an inventory report, with mandatory participation of witnesses and indication of the property’s characteristics.

25. Is use of seized property permitted?

Answer: Yes, unless the state enforcement officer has imposed a prohibition. However, alienation, pledge, or other disposal of seized property is prohibited.

26. Which incomes are subject to deduction first?

Answer: Deductions are primarily made from:

• wages;
• pensions;
• scholarships;
• other regular income of the debtor.

27. Are there limits on the amount of deductions?

Answer: Yes. The total amount of deductions may not exceed 50% of income, and for alimony and compensation for harm — up to 70%.

28. Which incomes are not subject to recovery?

Answer: The following are not subject to recovery:

• social benefits;
• compensation for health damage;
• funeral payments;
• other payments expressly specified by law.

29. How is recovery of funds from bank accounts carried out?

Answer: By sending a mandatory written demand (collection order) from the state enforcement officer to a bank or credit institution.

30. Does a bank bear liability for failure to comply with such a demand?

Answer: Yes. For failure or delayed execution of the requirements of a state enforcement officer, a bank may be held financially liable and fined.

31. By what method is seized property sold?

Answer: The primary method is sale through electronic auctions, ensuring transparency and competitiveness.

32. May property be transferred to the creditor?

Answer: Yes. In the absence of buyers, property may be transferred to the creditor to offset the debt, subject to the creditor’s consent.

33. How is the initial price of property determined?

Answer: The price is determined:

• based on market valuation;
• with the involvement of an appraiser;
• or on the basis of cadastral value (for real estate).

34. What happens if property is not sold?

Answer: The price may be reduced, and upon repeated failure to sell, the property is returned to the debtor or transferred to the creditor.

35. May a debtor challenge the results of an auction?

Answer: Yes. Auction results may be challenged in court if there are violations of the sale procedure.

36. What is the specificity of enforcing non-material obligations?

Answer: Such obligations are enforced by compelling the debtor to perform certain actions or to refrain from them, without levying execution on property.

37. How are decisions on reinstatement at work enforced?

Answer: They are enforced immediately, regardless of the filing of an appeal, with the actual admission of the employee to work and issuance of an order by the employer.

38. Is compulsory eviction permitted?

Answer: Yes. Eviction is carried out with the participation of witnesses, representatives of internal affairs bodies, and local authorities.

39. How are decisions on the transfer of a child enforced?

Answer: With due regard to the interests of the child, involving guardianship authorities, psychologists, and, if necessary, law enforcement bodies.

40. What constitutes temporary restriction of the debtor’s right to leave the country?

Answer: It is a measure of compulsory enforcement applied in cases of debtor evasion, based on a judicial act or a ruling of the enforcement officer.

41. May a debtor request a change in the method of enforcement?

Answer: Yes. Upon application of the debtor or the creditor, the court may change the method and procedure of enforcement if the original method has become impossible.

42. What is the role of witnesses in enforcement actions?

Answer: Witnesses ensure the evidentiary legitimacy of enforcement actions by confirming their lawfulness and actual performance.

43. Is involvement of specialists and experts permitted?

Answer: Yes. If necessary, a state enforcement officer may involve appraisers, engineers, IT specialists, and other experts.

44. Who bears the costs of enforcement actions?

Answer: The costs are borne by the debtor and include:

• storage costs;
• transportation;
• valuation;
• sale of property.

45. What is the enforcement fee and when is it collected?

Answer: The enforcement fee is a monetary sanction collected from the debtor for failure to comply with requirements within the voluntary compliance period.

46. May enforcement proceedings be suspended?

Answer: Yes. Grounds include:

• a judicial act;
• death of a party;
• loss of the enforcement document;
• other grounds provided by law.

47. What is the difference between completion and termination of enforcement proceedings?

Answer:

• Completion means fulfillment of the requirements or impossibility of execution.
• Termination means loss of legal grounds for further enforcement.

48. How is protection of the debtor’s rights ensured during enforcement?

Answer: Through:

• judicial control;
• the principle of proportionality;
• a list of property not subject to recovery;
• the right to appeal.

49. May the creditor monitor the course of enforcement?

Answer: Yes. The creditor is entitled to:

• review the case materials;
• submit motions;
• appeal the enforcement officer’s inaction.

50. What is the role of the court at the enforcement stage?

Answer: The court ensures procedural control, considers complaints, changes the method of enforcement, and guarantees observance of the balance of interests of the parties.