Completely new legislation meeting European standards instead of Law "On compulsory enforcement of judicial acts" adopted nearly 25 years ago; Government gives consent to package of drafts
11/01/2024
The Government has given consent to the package of drafts of the new Law "On enforcement proceedings" and of nearly 30 related laws, according to which:
- a new system of calculation of enforcement expenses is being introduced, by which, if a citizen voluntarily pays the liability within 2 weeks after the proceedings are instituted, enforcement fee in the amount of only 2% will be charged instead of the previous 5%.
- both parties will, upon mutual consent, be able to postpone fulfilment of the liability and change the procedure for or method of fulfilment. In the past, this was only possible upon a separate court decision.
- the outdated institution of writ of execution is being eliminated, and the application submitted to the Compulsory Enforcement Service is becoming a ground for compulsory enforcement of a judicial act;
- a system of electronic notification within the scope of enforcement proceedings is being introduced, by which citizens registered at the personal office for enforcement proceedings will, upon their consent, be notified of the proceedings through the office and the attached e-mail address, fully electronically.
- in certain cases, a citizen in proceedings will have the opportunity to deliver attached property for lease or sell independently and out of auction, by paying the rent and price of sale to the deposit account of the Compulsory Enforcement Service.
Adoption of the draft will help to increase effectiveness of enforcement, and the necessary legal grounds will be introduced in order to have a compulsory enforcement system that citizens will truly trust.