The state executive service and private executives were banned from seizing the accounts of companies that pay salaries or taxes. The relevant legal position is set forth in the decision of the Supreme Court as part of the panel of judges of the Cassation Economic Court in case No. 916/1572/19.
It concerns a dispute in Odessa between LLC Premier Stroy and LLC Danian. The latter tried to arrest UAH 1.5 million in the account. However, the court did not allow this.
"The accounts provided for the payment of wages and taxes, fees and obligatory payments to the state budget of Ukraine are accounts with a special regime, which are not subject to arrest by the executive service in accordance with the requirements of the law, and the allocation of such accounts is the responsibility of the executive service" , - the BP-VS conclusion says.
Before arresting something, the State Executive Service (executes court decisions) is obliged to find out the status of a particular account, and only then stutter about the arrest.
"This moment is not regulated at the legislative level, and the Supreme Court issued rules that everyone will have to follow. Both the executive service and the banks, which must control the process. Uncontrolled account arrests have repeatedly led companies to bankruptcy. They stopped paying taxes and salaries and then they closed. Now we’ve decided to fight this, "commented Rostislav Kravets, a senior partner at Kravets & Partners Law Firm.
Lawyers say that the executive branch has little insight into the essence and purpose of accounts. Ready to arrest any of them where there is money. "This is a very common occurrence. They attack any accounts where funds were found. Not only enterprises, but even private individuals. They indiscriminately do everything. They even arrest all salaries and immediately arrest them, although they do not have the right to do so. Under current law , in the case of individuals, the executive service can recover no more than 20% of the funds. And should not touch salaries. However, no one is following this and the performers grab everything that comes to hand. Therefore, you have to file complaints about the performers and wait for an answer for 3-4 months. All this time, a person sits without a salary. Total chaos, ”the lawyer, managing partner of the law firm Mozhaev & Partners, Mikhail Mozhaev, was indignant.
Only a law that is currently lacking can solve the situation. "The practice of arresting accounts by the executive service or private executors should be described in detail in the relevant law. This should leave abuse. After all, there is a two-edged sword. On the one hand, the executor does not have the right to touch the accounts from which they pay salaries and taxes. On the other, enterprises can open one account and work only with him. That is, no one can ever arrest anything from him. For no misconduct. Which is also wrong, "said Rostislav Kravets.
(translated using Google translator)