Why to turn to a private artist and how to do it?
Why? First of all, it is necessary to understand who such private performers and what is the difference between private and public executives.
Private executor - a person authorized by the state to carry out activities for the enforcement of decisions in accordance with the procedure established by law.
Unlike state-run, private enforcement has some limitations in terms of collection categories. Private executives DO NOT make decisions about:
• taking and transferring a child, setting dates with her, removing obstacles in meeting with the child;
• Expatriate and personalized individuals;
• Confiscation of property.
decisions on which the debtor is:
• State, state bodies, NBU, bodies of local self-government, their officials, state and municipal enterprises ...
and the decisions on which the payer is:
• State and state bodies.
Also, private executives are limited by sums that may be charged. From the beginning of 2018, the maximum amount that a private executor can accept for his proceedings is 20 million hryvnias.
In case of detection of the debtor's property outside the territory covered by the jurisdiction of the ICE department, the state executor completes the enforcement proceedings and sends the enforcement document to the department of the state executive service in whose territory the debtor's property is discovered.
In a similar situation, a private executor has the right to execute enforcement actions on the territory of the whole country or apply for assistance to colleagues - private executives of the respective executive district without spending time completing the proceedings and forwarding documents.
Both state and private executives are guided by the same Law of Ukraine "On Enforcement Proceedings". Their credentials are identical. The private performer has the same range of rights as the state executor.
It is generally known that the organs of the state executive service are heavily overburdened. This has a very negative effect on the quality of enforcement of court decisions. State executives do not always have time to implement even the minimum statutory acts in time. Also, the longstanding problem of lack of communication with state executives needs to be solved, since it is impossible to call the departments and even to personally get to the department is not always possible. Such phenomena are also a consequence of overload.
How to contact a private artist?
Where to look? All active private performers are listed on the Register of Private Performers of Ukraine, available at https://erpv.minjust.gov.ua.
An executive document is submitted for execution at the place where the debtor is staying or his property. Also, an internal document can be presented at the place of work of the debtor.
However, it should be borne in mind that the competence of the departments of ICE applies only to one or more districts of the region, or one district of the city.
At the same time, the private executor opens enforcement proceedings within the district. The executive district is the territory of the Autonomous Republic of Crimea, the oblast, the city of Kyiv or Sevastopol. Executive districts of private performers do not have such a division into districts as the limits of the territories of the internal affairs bodies.
That is, if the debtor lives in the Solomyansky district of the city of Kyiv, owns property located in the Svyatoshinsky district, and works in the Obolonsky district of Kyiv, then the payer must first determine which department to apply for enforcement. And in the process of execution, by charging the collection of property, income and funds of the debtor, the departments of ICE will forward the documents among themselves.
All private executives of the city of Kyiv are authorized to open executive proceedings throughout the city. Similarly, the performers in the oblasts open proceedings throughout the oblast.
Further enforcement actions may be carried out by a private executor on the territory of the whole Ukraine without restrictions.
At the end of 2016, a new Law of Ukraine "On Enforcement Proceedings" came into force, which introduced the notion of advance payment. Its size is determined by part two of Article 26 of the said Law and it is unchanged. Regardless of whether the executive document is submitted to the private executor or the state, the amount of the down payment remains the same. According to the executive documents on the collection of monetary amounts, it is 2% of the amount of collection.
The current legislation establishes that a private executor can enter into a contract with the payer, which determine the amount of additional remuneration and the procedure for its payment. Such a contract may not be concluded. Then, an additional reward is not paid at all.
As a rule, the amount of additional remuneration is about 10%, and for small amounts in the thousands of hryvnias can be set at a level of 15% or more.
HOW TO CHOOSE
In many executive constituencies there are more than one private performer. And in the city of Kiev there are more than 20 "private traders". You can find a private executor in your desired district, you can in the private registry register at the link https://erpv.minjust.gov.ua.
What is the procedure for treatment?
When you get a list of private performers, you can call each one and ask if he is ready to take your document for execution. If a private executor lacks insurance amount and the current load allows him to accept new executive documents, he will offer to send him a scan of your document for verification. In the case of a positive response, it is necessary to discuss the amount of additional remuneration or to arrange for its absence. After that, you will receive a sample application to the private executor for enforcing the decision, as well as the calculation of the down payment and details for its payment.
The court decision must be executed. And putting it to work is important not to waste time.
(translated using google translate)