13884

22.04.2016

Performing enforcement procedures in an efficient manner

Subject of Complaint: Ministry of Justice of Ukraine Department of State Executive Service of the Podil District in the City of Kyiv
Complaint in Brief: The Complainant was awarded with court order for compensation of UAH 14,193.82 from Private Joint Stock Company. However, in violation of the statutory terms and procedures, the Complainee did not launch enforcement proceedings. Thus, the Complainant requested the BOC assistance with enforcement of the court order.
Actions taken: The BOC investigator identified that, by virtue of the law, the Complainee was obliged to accept the court order for enforcement or provide a substantiated refusal. However, the Complainee effectively provided no response (positive or negative) to the Complainant. The BOC recommended that the Complainee provides proper confirmation regarding acceptance of enforcement document and to ensure performance of all proceedings starts in a timely manner. The BOC also brought the case for consideration at an expert working group to be established within the framework of the Memorandum of Cooperation signed between the BOC and the Ministry of Justice of Ukraine.
Result achieved: As of December 31, 2015, all BOC’s recommendations on the matter were implemented. 
 

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