Enforcement of court decisions

Effective enforcement of court decisions

The purpose of any successful court procedure is the enforcement of its decision but often it can last  months and even years if a winner takes the enforcement procedure for granted.

The statistics shows that only 30% of all court decisions will be successfully enforced, other 70% may require participation of an experienced lawyer  

Of course, the Officers of the State Enforcement Service open proceedings in time or do it somewhat late, but sometimes do not take any real actions to track the debtor’s assets. We strongly advise you to track the assets of the counterparty and secure your claim before filing a lawsuit, otherwise a debtor will be able to sell property.

Also, there is major problems regarding enforcement of the court decisions with the state bodies or state enterprises as debtors. The law of Ukraine “On state guarantees of enforcement of courts decisions” provides a lot of rights and compensations for creditors but also remains completely unimplemented due to lack of budget funds.

We offer complex legal services in the field of enforcement of the court decisions for creditors and debtors.

Legal services for creditors

As a rule, if a debtor does not have any property or property rights, a lawyer working with the case will file a lot of inquires in order to find debtor’s property, he will file a petitions to officer of the State Enforcement Service of Ukraine with request to file an application requesting prohibition of debtor to leave territory of Ukraine.

The most effective strategy for the decision to be enforced includes:

• arrest of debtor’s property before filling a lawsuit;
• regocnition of agreements transferring property rights as void;
• prohibition to leave Ukraine for a debtor;
• initiation of criminal proceeding against a debtor.

 We are able to control the process of enforcement of the court decision from the beginning of enforcement to its logical end. The only thing you need to do is to explain your situation and prepare documents.

Services for debtors

Ukrainian laws do not have provisions which regulate bankruptcy of natural (physical) persons. Changes of circumstances in your life may cause undue return of the credit funds which can lead to “eternal” growth of debts  

We advise debtors to find common language with creditors if there is any opportunity because they also know the conditions of the enforcement of court decisions in Ukraine, so there is a probability  that  “bird in the hand is worth two in the bush” will be considered as appropriate  by creditors and so they reduce claims in order to get 30-50% of the amount in question immediately instead of getting a court order with low probability rate of enforcement.

There are schemes that may slow down the  enforcement of court decision or minimize the amount of recovered funds:

• Filing a lawsuit with the same property in question, arrest of that property.

• Violation of debtor’s right during the enforcement of the court decision (by filling different petitions and appealing almost every action of the state enforcement officer.

• Purchase of property in question under its market value.

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