Enforcement Service of the Ministry of Justice of
Ukraine, which is prepared based on a written
request of a private executor (Order No.
1310/5, 2022). However, during April-May
2022, private executors sent appropriate appeals
to the Department of the State Enforcement
Service of the Ministry of Justice of Ukraine, but
as of the time of publication of this article, none
of them have been considered and none of the
private executors of Ukraine has received access
to the ASVP system.
Instead, on May 24, 2022, amendments were
adopted to the Order of the Ministry of Internal
Affairs No. 1320/5, which a certain way
complicated the procedure for restoring access to
the ASVP system for private executors and
provided that the notification of the Department
of the State Enforcement Service of the Ministry
of Internal Affairs, based on which access to the
ASVP system is restored sent only after the
private executor passes a check regarding the
compliance with the requirements of the current
legislation of the office in which the private
executor conducts activities, the existence of a
valid civil liability insurance contract, the
absence of debt for the use of ASVP (Order
No. 2068/5, 2022).
In accordance with the law, which provides for
the status of bodies and persons carrying out the
enforcement of court decisions in Ukraine, a
private executor is a person authorized by the
state to carry out enforcement activities under the
procedure established by law. A private executor
is a subject of independent professional activity.
According to Article 34 of the Law of Ukraine
"On Bodies and Persons Enforcing Court
Decisions and Decisions of Other Bodies", the
Ministry of Justice of Ukraine is the controlling
body and exercises control over the activities of
private contractors in the form of scheduled and
unscheduled inspections. The Law does not
provide for other forms of control; however, the
Order nevertheless establishes new forms of
control that will limit the rights of private
executors (Law No. 1403-VIII, 2016). At the
same time, state contractors who are located in
the territories controlled by Ukraine and where
hostilities are not taking place, work almost as
usual, but with restrictions, which will be
discussed a little later.
Regarding the peculiarities of ensuring the rights
of participants in executive proceedings during
martial law, we should note the following:
1. Access to materials of enforcement
proceedings. The parties, as before, can use
the number of the enforcement proceedings
and the access identifier to enter the ASVP,
that is, they are not deprived of the
opportunity to obtain information and copies
of documents on the enforcement
proceedings.
2. Alimony. During the period of martial law
on the territory of Ukraine, certain changes
appeared in the collection of alimony: state
executors can freely transfer funds to debt
collectors that have been deposited into the
accounts of state enforcement service
bodies. If the subject transferring alimony
does not have the details of the creditor, he
can transfer the amount to the account of the
executive service or a private executor,
respectively.
3. Enforcement of court decisions in territories
temporarily occupied by the aggressor
country is prohibited.
4. Depreciation. It is not prohibited to charge
and collect a penalty for late payment of
alimony, so the creditor can protect his
rights by applying to the court for the
collection of a penalty.
5. Debt collection for housing and communal
services is prohibited (Haichenko, 2022).
From the above, it can be seen that the
peculiarities of the enforcement during martial
law affected not only the parties to the
enforcement proceedings but first of all the
activities of private executors as subjects of the
enforcement process - initially due to the
suspension of access of private executors to the
Automated System of Enforcement Proceedings
and subsequently – failure to connect them to this
system, which completely blocked the activities
of private contractors, led to the actual loss of
work and income, the possibility of material
support in times of significant price growth.
Accordingly, the rights of the parties to those
enforcement proceedings, which at the time of
the full-scale invasion of the aggressor country
were being executed by private executors, turned
out to be generally unprotected, especially in this
context, attention should be paid to significant
limitations in the debtors' procedural rights.
Thus, debt collectors as a party to enforcement
proceedings were deprived of the opportunity to
receive money already collected in their favor,
which in the conditions of martial law, when
citizens became temporarily displaced persons or
were forced to leave Ukraine, could support their
standard of living. As for debtors, even if the
requirements of the enforcement document are
met, the seizure cannot be removed from the
debtor's property, which does not give the debtor
the right to dispose of the property belonging to