"This is happening, in particular, due to the imperfection of legal regulation in Ukraine. The reason for this lies in the lack of a systematic approach to the development of regulations. The huge array of NPAs, in turn, generates ambiguous judicial and executive practice, "said Oleksandr Oliynyk, director of the Directorate of Justice and Criminal Justice.
According to the results of the monitoring report on the effectiveness of legislation in the field of enforcement of decisions, conducted in 2020, the main problem areas that need to be addressed were identified:
seizure of funds on the debtor's accounts, from which or to which wages are paid;
abuse of rights by the parties to enforcement proceedings;
foreclosure on jewelry made of precious metals and stones in enforcement proceedings;
improvement of the procedure for suspension of enforcement proceedings in case the court renews the deadline for filing an appeal against decisions on which an executive document has been issued, or acceptance of such an appeal for consideration;
verification by banks of information on encumbrances when opening accounts by clients;
foreclosure on weapons in enforcement proceedings;
foreclosure on the share of a member of the company;
seizure of funds that are in accounts (deposits) or in storage in banks, other financial institutions and belong to a person who has a debt to the debtor.
The participants of the presentation of the monitoring report noted that it is important now, in particular, to resolve the problems with the current moratorium as soon as possible. And it's not just about the moratorium on foreclosure on foreign currency loans, but also about others that essentially block the implementation of decisions and level the rights of the parties and any contractual relationship. In addition, the existence of any moratorium is contrary to the Constitution of Ukraine, which guarantees the enforcement of court decisions.
At the same time, the participants stressed that it is necessary to introduce a full automated seizure of funds in the debtor's accounts with proper legislation, to continue to improve the enforcement procedure by digitizing the interaction between all participants in enforcement proceedings, and to simplify the procedure for bank verification account.
Source:https://minjust.gov.ua/