Toda

The bill on the mechanism of execution of court decisions is registered in the council

The Verkhovna Rada registered a bill number 8533 on overcoming the problem of arrears of the state by court decisions.

The draft Law resolves the issues of implementing the decision of the Grand Chamber of the European Court in the case of "Burmich and others v. Ukraine". The document, in particular, broadens the mechanisms of the state executor to determine the amount of debt in the execution of court decisions binding nature in the monetary equivalent, which will allow the transfer of such decisions for payment of debts to the State Treasury Service.

In addition, the bill provides for compensation for a long non-execution of a decision of a national court on a state in the amount of 10% of the awarded amount, but not more than one minimum wage established on the day of payment (at the present time this amount is UAH 3,723, which is approximately equal to 111 , 27 euros).

Such an amount is sufficient for individuals whose claims were less than UAH 37,000 (as a rule, this is the court's decision to pay social benefits). The established amount of compensation will make it impossible for the unjust enrichment of the persons who filed economic claims. The proposed amount is adequate and does not pose an excessive burden on the state budget, the authors of the document note.

Also, new time-limits for filing applications for the execution of court decisions regarding the state are introduced, which will allow disciplining the receivers, as well as provide an opportunity to more accurately calculate the need for funds to repay debts of the state.

At the same time, for applicants residing in the temporarily occupied territory and unable to receive notification of decisions taken in their favor by the European Court and obtaining the funds received by them, it is proposed to post relevant information on the official web site of the Ministry of Justice of Ukraine.

Since the implementation of a significant number of decisions also requires additional human resources, the bill provides for the right to execute court decisions to territorial bodies of the Treasury.

"Also, the bill provides for a series of changes aimed at the effective implementation of the mechanism provided by the legislation for providing compensation for losses of the state budget as a result of the execution of judgments of the European Court, by filing claims for their reimbursement. This will ensure the receipt of funds to the State Budget, eliminate the additional financial burden when considering such a category of cases in the courts, and, as a consequence, will reduce expenditures from the State Budget of Ukraine ", - reads the explanatory note.

It should be noted that the bill envisages amendments to the laws of Ukraine "On implementation of decisions and application of the European Court of Human Rights practice", "On state guarantees for enforcement of judgments", "On enforcement proceedings", "On the introduction of a moratorium on the forced realization of property."

Source: Ukrainian law

(translated using google translate)