Toda

Compulsory advance payment to start enforcing a decision is illegal

The absence of a collector as a person in favor of a court decision, the financial ability to pay an advance payment should not prevent the exercise of his right to execute a court decision.

This is stated in the decision of the Second Senate of the Constitutional Court of Ukraine in the case of the constitutional complaint of Vera Khlipalska regarding the compliance of the provisions of the second part of Article 26 of the Law of Ukraine "On Enforcement Proceedings" with regard to the compliance of the Constitution of Ukraine with the Constitution.

This decision of the Constitutional Court found that it did not comply with the Constitution of Ukraine, the provisions of part two of Article 26 of the Law of Ukraine "On Enforcement Proceedings" dated June 2, 2016, No. 1404-VIII, as amended.

The Constitutional Court of Ukraine notes that the state has a positive obligation to enforce the court decision, but by certain provisions of the second part of Article 26 of the Law, by the legal regulation on the obligatory advance of the commencement of the enforcement of a judicial decision by the person in whose favor the decision is made, such a duty the state has been transferred to the said person, which reduces the essence of his constitutional right to judicial protection and contravenes the provisions of Articles 3, 8, parts one and two, Article 55, paragraphs 1 and 2 of Article 291. tsii Ukraine.

Thus, the Constitutional Court abolished the collection of advance payments from citizens to begin enforcement of court decisions.

Source: Law and Business