Automatic debiting of debtors' accounts cancels outdated bureaucratic procedures, emphasized Egor Stokalov.
Money from bank accounts of debtors will be debited automatically. The introduction of such a system was announced in the Ministry of Justice. The department explained that the electronic database would allow executors to block funds on the accounts of enterprises and individuals, passing a long bureaucratic procedure.
Officials assure - this is what the IMF demands from us, and they promise to create a Ukrainian analogue of the system of arrest of funds, similar to that operating in other countries. Photos from the World Bank account at Flickr Bizia: World Bank in Ukraine has fog infested More about this initiative Ministry of Justice on the air of the radio station Voice of the capital told lawyer, lawyer Yegor Stokalov.
How do executors now find out about debtors' financial affairs?
- In fact, for the opening of enforcement proceedings must be an executive document. As a rule, it is a judicial decision either on arrest, or on cash, or on collection of funds. He enters the executive together with the executive assembly, and he opens the production, after which he begins to seek the assets of the debtor, and he starts from the debtor's bank accounts, whether it is a legal entity or an individual, asks the tax service. That is, they provide him with data on open bank accounts, he sends a decision to arrest bank accounts to such an institution, from there receives answers, and only then gives an order for the write-off of funds. As we see, the process is very long and very bureaucratic from the above procedure, and if the initiative, which is now declared by the Ministry of Justice, will be reflected in the proper form and from the point of view of the process everything is clearly described, then the probability of operative collection of debt and enforcement of the court decision will be at times more efficient than the current one.
Is it possible for the debtor to withdraw funds from those accounts that are subject to blocking?
- If there was no seizure of funds on a bank account, then the debtor has every opportunity to withdraw this money, transfer them to another account in the same bank, transfer it to cash, transfer it to another account in another bank, hold any actions Therefore, in the first place, it is correct and correct to impose an arrest on money, and then to recover.
By what principle will this system operate?
- Through an artist. The executor is bound by the principle of discretion, that is, he must receive an appeal from the collector, from the creditor, that is, he must write the application "I ask you to accept such a decision of the court" ... Only after that the performer can open the production, and within this framework to arrest production or to organize debt collection.
How will the issue of banking secrecy be resolved?
- The fact is that, most likely, the performer will be provided not the current status of funds in the account, but simply the name of the accounts. That is, he, the performer, will not know how much money on this account is - or zero, or some amount. He will electronically send these invoices to the bank immediately upon collection of this amount, or arrest, or to arrest if this money is in this account. If the account is zero, then the decision can not be executed.
The primary task for a state executor on a court decision is to block an account?
- We do not block the issue, we block the amount of money on the account. That is, if one million hryvnias are in the account, and an executive document for 10 thousand, it is blocked within the limits of the sum. That is, 10 thousand hryvnias were blocked, and the rest of the amount the debtor can dispose of at his discretion. But the performer will not be able to see what amount is in the account. Because it's a violation of banking secrecy. That is, the executor will notify the bank that there is a document for collecting 10 thousand, I ask you to block 10 thousand to secure the collection.
What is the motive for banks to cooperate with such a system? Will the ability of banks to provide or not provide information on the availability of funds on these accounts?
- In case of receipt of the executive document in a bank that is properly executed, that is, a print, and all the details are correctly indicated, the bank has no grounds not to perform. If they do not do this, then this is a criminal offense in the form of a deliberate failure to comply with the court's decision. I would interpret this because they deliberately impede the recovery of debt. That is, actually executing a court decision. In my practice, no bank has afforded such luxury to its client. Ukrainian photo The expert told about which banks can be trusted. Therefore, if there is a document that fully corresponds to the letter of the law, then, as a rule, banks execute it, accept it for execution, but with a client's prior notice.
In which countries does such a system work? Is there a difference between the systems themselves?
- In the United States, for example, the system operates instantly. The judge gives the order, writes out the arrest warrant, or the prosecutor, or the executor of the court receives this full access to all information on the debtor, and literally day to day can arrange the whole procedure. That is, we have something to strive for. And the procedures are more optimal than the ones we are prescribing today. But the chicken on the grains, I'm sure we will come to this.
Source: RIA Novosti
(translated using google translate)