A textile company from Rivne complained to the Business Ombudsman Council that the Enforcement Service did not return money collected from the debtor to the complainant for eight months.
It is known that the Commercial Court of the city of Kyiv decided to collect debt a debt amounting to over UAH 480,000, including court fees and legal assistance costs, from SE Energoatom in favor of the complainant. Thus, SE Energoatom owed money to the enterprise for goods supply. The court issued orders for enforcement of decisions to one of the State Enforcement Service departments (SES) in Kyiv, but there was no progress in the case with the debtor’s seized funds.
While handling the complaint, the Council assumed that the Enforcement Service could postpone returning the company’s funds, particularly taking into account the search of the executive service department and the seizure of the executive proceeding’s materials conducted by the Economic Security Bureau. The Council also drew attention to the fact that during the period of martial law in Ukraine, the deadlines for performing enforcement actions might be missed. At the same time, the Council believes that state bodies should be guided by the principles of reasonableness and justice. In order to find a solution to the case, the Council sent a letter to the Ministry of Justice of Ukraine and the Department of Internal Affairs in Kyiv, supporting the complainant’s position. As a result, the Enforcement Service transferred about half a million hryvnias of owed funds to the textile company first in part and then in full.
