For the purpose of obeying the Law of Ukraine “On State Guarantees on Court Decisions Enforcement” having been criticized by experts because of its defiance. On September 3 this year the Government of Ukraine enacted the Regulation No. 440 “On Establishing the Procedure for Repaying Debts under the Court Decisions Guaranteed to Be Satisfied by the State” to enforce the Law provisions. As of today, the failure to comply with the court decisions delivered by national courts in the cases involving the state, is the main reason of reference to the European Court of Human Rights. The lack of an effective procedure regulating the debt redemption as per court decisions delivered by national courts, leads to the non-fulfilment of a pilot decision resolved by the ECHR in the case “Yurii Mykolaiovych Ivanov versus Ukraine”. In this respect, the establishing of the Procedure aimed at complying with the Law is a positive aspect. However, one should consider the efficiency of the corresponding Procedure.
Pursuant to the Procedure, the writs of execution under the court decisions on debt repayment or valid court decisions having been issued or approved before January 1, 2013, serve as relevant resolutions defining debtors (a stage agency, a national enterprise or a legal body with its asset disposal being under a ban) as per Part One of Article 2 of the Law of Ukraine “On State Guarantees on Court Decisions Enforcement”.
In accordance with the Procedure for repaying debts, the Applicant shall submit the relevant court decision to the Public Enforcement Service at the location of the debtor including the following documents: an application stating the bank account details or data required for transferring cash, a writ of execution and/or a court decision (original or duly-certified copy), the copies of passport and taxpayer identification number.
After the application has been registered, it shall be submitted to the Director of Public Enforcement Service without further delay. The latter shall designate a responsible person next business day at the latest. The stated below link is available for finding information regarding the registered decisions:
The responsible person shall verify the decision implementation for next seven days and in case of its failure to be implemented, it shall be included in the relevant waiting list: http://stack.informjust.ua/.
- The decisions on pension and social payments, alimony recovery, indemnification or compensation of losses caused by a crime or an administrative offense, health damage or the loss of breadwinner;
- Decisions regarding labour relations;
- Other decisions.
The decisions shall be included into the relevant waiting list depending on the time of their submission to the Enforcement Service. All the decisions having been filed before the 1st day of the month following the quarterly accounting period or before the 10th day of the month following the accounting period shall be submitted to a corresponding agency maintaining Treasury accounts. The above-mentioned agency shall accomplish fund allocation as per the costs stated in the Law of Ukraine on the State Budget.
It is evident, that the corresponding Procedure is first of all aimed at implementing the decisions resolved prior to the validity of the Law “On State Guarantees on Court Decisions Enforcement” having been frozen because of lack of state guarantees and/or sufficient funds in the budget. In this respect, the establishing of the Procedure for repaying debts to be followed in such cases is a positive solution as it covers corresponding state guarantees on case decisions resolved before the validity of the relevant Law.
When applying to the ECHR, Applicants state that the lack of funds in the state budget of Ukraine is the underlying reason for the failure to satisfy court decisions delivered by national courts. It is perfectly obvious that even the most advanced procedure set for assuring the enforcement of court decisions will remain just on paper without corresponding financial support. Pursuant to the Law of Ukraine on State Budget adopted for 2015, 150 million hryvnias is the amount set for the enforcement of court decisions guaranteed to be satisfied by the state. The above mentioned amount shall be spent for repaying debts as per court decisions resolved before and after January 1, 2013. As of today, no available data related to the size of indebtedness as per corresponding court decisions can be found in publicly open information sources. However, the sum of debts in some cases amounts a few score of thousand hryvnias. Consequently, despite establishing the Procedure for repaying debts, a question regarding the ability to raise funds required for paying off debts is still open, as only a generalized item has been included in the budget. In addition, the introduction and maintenance of a register recording corresponding court decisions and the amount of debts is of utmost importance for today, as no reliable information regarding the sum of funds required for repaying debts under court decisions is available. The lack of such data makes it impossible to assure exact calculation and include corresponding fund allocation in the budget.
For comparison, UAH740,824.8 is the amount included in the budget to be spent for satisfying court decisions delivered by foreign jurisdictional authorities against Ukraine, UAH207,217.4 is intended to be spent for accomplishing court actions in local administrative courts and UAH112,439.5 – for accomplishing court actions in administrative courts of appeal.