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Inactivity of State Enforcement Service — a story of Donetsk enterprise

23.11.2020

Complainee:  The Ministry of Justice of Ukraine (MinJust), Enforcement Department of East Interregional Department of MinJust in Donetsk Region (SES)

Complaint in brief: The Сouncil received a complaint from a research and production company in the field of energy. The company complained that the SES did not properly ensure enforcement of the court decision concerning debt repayment by the state-owned enterprise. In particular, it did not provide full information at the complainant's request. Despite the fact that the court decision came into force and is legally binding, the debt recovery did not take place. The company asked the SES and the MinJust to provide information on the reasons for the delay and the status of the court decision enforcement. However, in response to the complainant's request, the MinJust did not provide the requested information in full, but only stated that the debtor's property was located in the temporarily occupied territory of Ukraine and was wanted. The company decided to appeal against the SES inactivity through the Business Ombudsman Council.

Actions taken: After reviewing the case materials, the investigator found that the complaint was substantiated. The Council recommended the SES to provide information to the complainant regarding the measures taken by the state body aimed at the court decision enforcement. It should be noted that in the case of our complainant, his debtor is a state-owned enterprise, and according to the law, the state guarantees the execution of such court decisions.

Result achieved: After the Council’s interference, the SES provided information requested by the complainant. The case was closed.