MOJ drops seizure of gas station chain "AMIC Ukraine" real estate
Subject of complaint: Ministry of Justice (MoJ), Podil District Office of Kyiv Enforcement Service under the Main Territorial Justice Administration in Kyiv City (Podil enforcement office)
Complaint in brief: On September 27, 2017, the Council received three complaints regarding the Podil Enforcement office’s failure to act, from an enterprise with foreign investments "AMIC Ukraine" that owns a chain of gas stations throughout Ukraine.
More than a year ago, the company was fined UAH 1mn. In order to ensure this payment, the Podil Enforcement office had arrested all the company’s real estate, which is worth much more than the fine. Based on a lawsuit filed by the Complainant, the court cancelled the fine. In order to comply with the court ruling, the Podil enforcement office issued a decree cancelling the seizure in September 2016. However, a year later, it turned out that the arrest still remained effective in the real estate register. The enterprise itself addressed this problem to the Podil Enforcement office, but its requests did not lead to the result, and so, the company could not freely dispose of its property.
Action taken: Representatives of the BOC wrote to the Podil enforcement service asking them to investigate the circumstances of the case and to remove it. On October 4, the BOC investigators met with the director of the Podil Enforcement office and discussed withdrawing the arrest and removing of the incorrect record from the property register. In addition, investigators spoke to the state executive responsible for enforcement proceedings against the company.
Result achieved: On October 23, The Complainant informed the Council that the incorrect entry had been removed from the register. The case was successfully closed within a month.