It is no secret to anyone that a decision made in favor of the plaintiff does not guarantee a 100% repayment.
In practice, cases often occur when the debtor has the property or funds sufficient to fulfill the obligation, but during the enforcement of the court decision the debtor deliberately takes measures to avoid execution of the decision. One such case is the situation when the debtor does not register the title to real estate.
The problem in this situation is that, in accordance with the provisions of the Civil Code of Ukraine, the ownership of real estate does not arise from the moment of signing the contract of sale or acquisition of the property in another way provided by law, and from the moment of state registration of ownership of such immovable property.
For example, the debtor receives a certificate of the right to inherit, after which his property passes the apartment. Upon receipt of the certificate, the debtor becomes the actual owner of this property, but knowing that he has debts does not register the ownership of this immovable property in accordance with the procedure established by law. In this case, although the debtor is the owner of the apartment, the state executor has no right, in general, to recover the property, as the ownership of it is registered by another person.
In order to prevent evasion from the duty to comply with the law, the Law of Ukraine "On Enforcement Proceedings", as well as procedural law, provides for the possibility of foreclosing real property of the debtor, the ownership of which is not registered in accordance with the procedure established by law.
So in accordance with the provisions of Art. 50 of the Law of Ukraine "On Enforcement Proceedings" and Art. 440 of the Civil Procedural Code of Ukraine, a public or private executor has the right to apply to the court with a petition for foreclosure of a debtor's immovable property, the ownership of which is not registered.
In such a case, the acquirer must provide evidence that the debtor is actually the owner of the property. Such evidence may include: a certificate of the right to inheritance, a contract of sale of immovable property, a court decision, a decision of the local council on the transfer of land to private property, as well as other documents confirming the possession of immovable property.
It is necessary to pay attention to the fact that in addition to the above documents the performer must necessarily prove the fact that the debtor is not enough money or movable property, due to which you can meet the requirements of the collector. This is due to the fact that the Law of Ukraine "On Enforcement Proceedings" provides for the order of recovery of the debtor's property, according to which the levy on immovable property turns in the last turn.
Also, a rather interesting innovation in the procedural law is the procedure for collecting money from a person who has an indebtedness to the debtor.
In accordance with the provisions of Art. 440 of the Civil Procedural Code of Ukraine, on the application of the payer or a public or private executor, the court seized the case may recover a sum of money belonging to a person who has an indebtedness to the debtor.
This debt must be confirmed by a court decision or be such that it is not contested by the person from whom the money is levied.
It should be noted that this application must be filed before the expiration of the deadline for the submission of the executive document, and in the absence of a court decision until the expiration of the limitation period for such a claim. In case of violation of these terms the court refuses to accept the application. Legal advice will help you in complying with all the requirements of the law and will ensure the timely submission of all documents in accordance with the new edition of the CPC.
(translated using google translate)