Despite the fact that in Ukraine, not the first year of every day, a significant number of property objects are enforced, the relevant legislation still contains rules that may be ambiguously understandable.
In particular, the rules for the withdrawal of arrears from the sale on the electronic auction of the debtor's property may be applied differently, depending on the presence of certain corruption factors.
If the Ministry of Justice of Ukraine is interested in eliminating such a corrupt factor, then, accordingly, it is necessary to take measures to improve the existing norms and prevent different understanding.
In connection with the receipt of the application and in order to confirm the legal position, the Implementation Agency appealed to the Ministry of Justice with a request to clarify the following norms of the current legislation.
According to clause 3 of part four of the Article 59 of the Law of Ukraine "On Enforcement Proceedings" (hereinafter - the Law), the receipt by the executor of documents confirming the full calculation of the acquired property in electronic tenders is the basis for the removal of the executor of the arrest from all the property (funds) of the debtor or its parts.
Item 29 of Chapter VIII "The Procedure for Reclaiming the Debtor's Property" The Instruction on the organization of enforcement of decisions approved by the order of the Ministry of Justice of Ukraine on April 2, 2012 No. 512/5 (as amended) (hereinafter referred to as the Instruction) establishes that after the realization of the arrested property, all arrests and Prohibitions on such property shall be withdrawn no later than the next business day after receipt by the executor of documents confirming the full calculation of the purchased property at electronic auction.
At the same time, clause 7 of Section X "Payment Procedure for E-Procurement Property and Transfer of Ownership" Procedure for the implementation of the arrested property approved by the order of the Ministry of Justice of Ukraine dated September 29, 2016, No. 2831/5 (hereinafter - the Procedure) stipulates that the executor makes a decision to withdraw the arrest from the realized property, imposed by a private executor not later than the next business day from the day of issuance / sending of the certificate about the conducted electronic auction to the winner.
Thus, the Instruction requires the removal of all arrests and prohibitions, and the Procedure - only those imposed by the executor. At the same time, the Procedure does not clearly indicate that the performer only removes the prohibitions imposed on him.
Taking into account the above, the Implementation Agency requested clarification of the exact arrests and prohibitions that may be taken by the executor in case of receipt of documents confirming the full calculation of the acquired property at electronic auction.
The response of the Ministry of Justice of Ukraine to the well-known public and private executors at the link: ANSWER (Extract No. 10756 / 5307-33-18 / 11.4.3 dated March 21, 2018).
(translated using google translate)