The court decision is binding. In case the debtor fails to comply with the court decision voluntarily, the state or private executor shall enforce it. During the execution of enforcement actions, the executor has the right to seize the debtor's funds contained in his accounts in banking institutions.
At the same time, Article 48 of the Law of Ukraine "On Enforcement Proceedings" establishes an inexhaustible list of accounts on which it is prohibited to seize, noting that the law may determine other funds in the debtor's accounts, recovery or seizure of which is prohibited.
In addition, the executor may independently lift the seizure of all or part of the funds on the debtor's account in a banking institution in case of receipt of documentary evidence that the debtor's account has a special regime of use and / or recovery of such funds is prohibited by law.
This was noted by the Supreme Court in the panel of judges of the Third Judicial Chamber of the Civil Court of Cassation in the case № 711/841/14-ts.
Therefore, following the court decision, the executor may seize any funds in the debtor's accounts in banking institutions, except those seized, which are prohibited by law. In this case, it is the bank that executes the relevant decision of the executor on the seizure of the debtor's funds, in accordance with part three of Article 52 of the Law of Ukraine "On Enforcement Proceedings" must determine the status of funds and the account on which they are, and on which seizure is prohibited, the bank is obliged to notify the executor of the intended use of funds in the account and return its decision without execution, which is the basis for the executor to lift the seizure of these funds in accordance with part four of Article 59 of the Law of Ukraine "On Enforcement Proceedings".
The executor may also independently seize all or part of the funds on the debtor's account in a banking institution in case of receipt of documentary evidence that the debtor's account has a special mode of use and / or recovery of such funds is prohibited by law (part four of Article 59 of the Law of Ukraine "On Enforcement proceedings ").
Such conclusions are consistent with the legal conclusions set out in the decision of the Grand Chamber of the Supreme Court of 19 May 2020 in case № 905/361/19 (proceedings 12-28gs20), as well as the decisions of the Supreme Court of 03 February 2021 in case № 756/1927 / 16-ts (proceedings № 61-10611св20) and from February 24, 2021 in case № 756/1927/15-ц (proceedings № 61-14725св20).
Source:borgexpert.com