The order stipulates that the system should be fully operational by July 6, 2021, when the State Enterprise "National Information Systems" will implement the necessary changes. It is known in advance about 7 banks that are connected to the system, 44 banks are connected to the test environment, 11 more banks are at the stage of consultations and preliminary settings regarding connection to the test environment.
Automated seizure of debtors' funds on bank accounts provides:
• obtaining information on debtors' accounts in banks;
• imposition / removal by the executor of the arrest on / from the funds by issuing resolutions on the seizure of funds and on the removal of the seizure from the debtor's funds in the form of an electronic document;
• acceptance of them for execution by banks.
The debtor's funds and other valuables held in accounts and in custody in banks or other financial institutions, in securities accounts in depository institutions shall be seized no later than the next business day after their discovery. The seizure also applies to funds in accounts opened after the seizure order has been issued.
Compulsory debiting of funds from accounts opened by debtors in banks is carried out on the basis of the executor's payment request, which is currently made in paper form. We wrote in detail about the procedure for sending the request earlier.
Thus, in case of availability of funds on accounts opened by debtors in banks, such funds are seized and forcibly written off on the basis of payment claims. Such funds are then used to repay the debt to the debt collector under the executive document.
A separate court decision to seize the debtor's funds is not required.
If the debtor does not have funds and other valuables sufficient to meet the claims of the debt collector, the recovery is immediately applied to other property belonging to the debtor, in addition to the property, which according to the law can not be levied. The recovery of the debtor's property does not stop the recovery of the debtor's funds.
The debtor has the right to offer the types of property or items that need to be sold in the first place. The order of recovery of funds and other property of the debtor is finally determined by the executor.
Foreclosure on the debtor's property is applied in the amount and amount required for execution under the executive document, taking into account the collection of enforcement fees, costs of enforcement proceedings, fines imposed on the debtor during enforcement proceedings, the main remuneration of a private executor. If the debtor owns the property together with other persons, the penalty is applied to his share, which is determined by the court at the request of the executor.
Source:https: pravo.ua