Responsibility of the parties to enforcement proceedings

 Responsibility of the parties to enforcement proceedings

In previous blogs I talked about the various types of responsibility of private performers: disciplinary, administrative, civil (property) and criminal.

However, not only the performers (private and state) are responsible for their illegal actions, but also the parties to the enforcement proceedings - the collector and the debtor.

Thus, Article 368-4 of the Criminal Code of Ukraine provides for criminal liability for a proposal or promise to a private performer to provide him or a third party with unlawful benefits, as well as the provision of such benefits for the commission of a private performer's actions or inactivity with the use of his powers in the interests of the person who proposes, promises or benefits such benefits or in the interests of a third party.

Here is an example. A private executor has found the debtor's property. The debtor is interested in the fact that the private executor does not impose his property on his property and invites him for this unlawful reward. So, this is already the reason for bringing the debtor to criminal liability.

In accordance with the provisions of Article 382 of the CCU, the debtor is subject to criminal liability for the intentional non-execution of the sentence, decision, decree, court order, which has become legally binding, or impediment to their execution.

In addition, according to Article 164 of the Code of Civil Procedure, the debtor is held responsible for the maladjustment of the alimony, that is, the funds for the maintenance of children determined on the basis of the relevant court decision. This category of crimes committed by the debtor in the enforcement proceedings can include a false evasion from the payment of funds set by the court for the maintenance of incapable parents (Article 165 of the CCU).

The notion of malicious evasion is legally defined and consists of committing any actions on the part of the debtor aimed at non-enforcement of court decisions, which led to the arrears of payment of such funds at a rate that collectively represents the amount of payments for the three months of the corresponding payments.

Such illegitimate actions of the debtor may consist in concealment of income, change of place of residence or place of work without notice of the performer, etc.

However, it is important to note that in order to bring the debtor to criminal liability for maladministration, the taxpayer must submit a written application to the law enforcement agencies.

Anticipating the possibility of an active physical counteraction on the part of the debtor by the executor, the criminal law provides the process of enforcement proceedings, establishing criminal liability for resistance to a private performer during the enforcement of decisions (Article 343 of the CCU).

In addition, the parties to the enforcement proceedings have criminal liability for illegal acts with property that has been seized, pledged property or property that is described or subject to confiscation in accordance with Article 388 of the Criminal Code of Ukraine.

(translated using google translate)