Toda

Automated system of executive proceedings. The only register of debtors

The law introduces the functioning of the Automated System of Enforcement Proceedings (hereinafter AHPP) and the Unified Register of Debtors.

Automated system of executive proceedings - a computer program that provides collection, storage, accounting, search, generalization, provision of information on enforcement proceedings, the formation of a single register of debtors and protection against unauthorized access.

According to Article 8 of the new Law of Ukraine "On Enforcement Proceedings", the provisions of which entered into force on January 5, 2017, the registration of executive documents, documents of executive proceedings, and the fixation of executive acts is carried out in AHPP, the procedure of functioning of which is determined by the Ministry of Justice of Ukraine.

The operation of AISP is regulated by the Order of the Ministry of Justice of Ukraine "On Approval of the Regulations on the Automated System of Enforcement Proceedings" dated August 5, 2016, No. 2432/5.

Automated enforcement system is provided by:

1) objective and impartial distribution of executive documents between state executives;

2) provision of enforcement proceedings to the parties to enforcement proceedings;

3) the production of documents for enforcement proceedings;

4) centralized storage of documents for enforcement proceedings;

5) centralized storage of information on accounts of the bodies of the state executive service and private executors open for the purposes of enforcement proceedings;

6) preparation of statistical data;

7) registration of incoming and outgoing correspondence and stages of its passing;

8) transfer of documents of enforcement proceedings to the electronic archive;

9) formation of the Uniform Register of Debtors.

The right of access to executive proceedings by searching, viewing, copying and printing of all documents and information of executive proceedings are the parties to the enforcement proceedings in which they participate.

The specified access to information AHPP is carried out free of charge and around the clock using the usual software for viewing information on the Internet through a website maintained by the Unified Register Administrator.

In order to provide access to information to the AWPP, the parties to the enforcement proceedings in the decision to open an enforcement proceeding shall clarify such right, indicate the address of the relevant website on the Internet, as well as an identifier for access to information on enforcement proceedings and the procedure for its use.

Information from the Unified Register on the existence of enforcement proceedings (including completed ones) concerning debtors - legal entities and individuals - entrepreneurs is provided in the form of reduced extracts in paper or electronic form upon requests of any natural or legal persons. Complete excerpts from the Unified Register are provided on request of the parties to the enforcement proceedings.

For the provision of an extract from the AHPP a fee shall be charged in accordance with the tariffs determined by the Ministry of Justice of Ukraine (Order of the Ministry of Justice of Ukraine "On the establishment of the fee for the use of the automated system of enforcement proceedings" dated March 24, 2017, No. 954/5).

Access to the information on enforcement proceedings is carried out under the new link:

http://asvpweb.nais.gov.ua

In order to access information, it is necessary to enter the identifier specified in the decision to open an enforcement proceeding.

 Copies of the resolution on opening of enforcement proceedings and other documents shall be sent to the debtor and the debtor by the state or private executing correspondence no later than the next working day (in accordance with Article 31, paragraph 1 of the Law of Ukraine "On Amendments to the Law of Ukraine" On Enforcement Proceedings " and some other legislative acts of Ukraine on improving the procedure for the enforcement of decisions of courts and other bodies (officials) "). The parties can freely and round the clock search and review all information and documents of their enforcement proceedings, which means that any natural or legal person , which is a party to the enforcement proceedings, can track what concrete actions have been taken at the moment by a public or private executor in executing decisions of courts and other bodies (officials). Information for the parties is in the free mortar at the above address.

Also, the Unified Register of Debtors operates on the website of the Ministry of Justice of Ukraine. It can find information about the debtor by name, first name, patronymic and registration number of the tax payer's account.

The only register of debtors is now available at the link:

 https://erb.minjust.gov.ua/

The Register of Debtors has been established in accordance with the Law of Ukraine "On Enforcement Proceedings" of June 2, 2016 (entered into force on October 5, 2016) and the Regulation on the Automated System of Enforcement Proceedings (henceforth AHPP) of August 5, 2016 (effective January 5, 2017).

The only register of debtors is a systematic database of debtors that is part of the automated system of executive proceedings of Ukraine and is aimed at promulgating information in real time on debtors 'default debts and preventing the alienation of debtors' assets.

Information about the debtor shall be entered into the Unified Register of Debtors at the same time as the issuance of a resolution on the opening of enforcement proceedings. Not included in the register information on debtors, which are state bodies, local governments, debtors who do not have the debts under the executive document on the collection of periodic payments for more than three months, and debtors by decisions of non-property nature.

The only register of debtors contains the following information:

- surname, name, patronymic (if any), date of birth of the debtor - an individual or name, identification code of the legal entity in the Unified State Register of Legal Entities, individuals-entrepreneurs and public entities of the debtor - a legal entity;

- the name of the body or surname, name, patronymic and the position of the official who issued the executive document;

- the name of the body of the state executive service or the surname, name, patronymic of the private executor, the means of communication and the e-mail address of the performer;

- the number of enforcement proceedings;

- category of penalty (alimony, penalty, etc.).

Details of the debtor are excluded from the Single Register of Debtors at the same time as the issuance of the decision on the expiry of the enforcement proceedings, the return of the enforcement document to the collector, the return of the enforcement order to the court, or on the day the executor establishes the fact of absence of arrears under the executive documents on collection of periodic payments.

Searching for information through the Unified Register website is carried out under the following requisites:

- surname, name, patronymic (if any), number, month, year of birth of the debtor - a natural person, registration number of the payer's tax card (if any);

- name, identification code in the Unified State Register of Legal Entities, individuals-entrepreneurs and public entities of the debtor - a legal entity.

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