Support of enforcement proceedings
In terms of the final results, the stage of the judicial decisions implementation is the most valuable due to the fact that the client receives the actual satisfaction of their claims. That is why GENTLS law firm has introduced a separate specialization related to the enforcement of judicial decisions. Today we effectively cooperate with the state executive authorities under the current legislation. We are also forming an effective algorithm of cooperation with private bailiffs.
Private bailiffs appeared in Ukraine together with private notaries after the adoption of the Law of Ukraine “On Enforcement Proceedings” and the Law of Ukraine “On State Bodies and Persons who Carry Out Enforcement of Court Judgments and Decisions of Other State Bodies” by the Parliament in 2016. Today Ukraine has a mixed system of judgments enforcement. This means that the enforcement of judgments and decisions of other state bodies (officials) is assigned to the bodies of the State Executive Service of Ukraine (SES) and to the private bailiffs.
The private bailiffs are authorized to perform quite a wide range of judgments and decisions of other state bodies irrespective of the size of the penalty amount. Restrictions for the activities of private bailiffs are stipulated in Part 2 of Article 5 of the Law of Ukraine “On Enforcement Proceedings”, the main of which include the inability to access private bailiffs for the recovering of the debt from the state authorities and local self-government, from the state and public enterprises, for the execution of decisions on state and municipal property, decisions of the administrative courts and the European Court of Human Rights, decisions on eviction or moving-in, decisions on the transfer of a child, etc.
GENTLS law firm provides services for the organization and execution of complex procedures within the enforcement proceedings, personally interacting with private bailiffs and other participants of the enforcement proceedings, including notaries, appraisers, bidding process organizers, etc. We choose the most effective and competent private bailiffs for cooperation. Thus, we concentrate the responsibility of the enforcement on ourselves, eliminating the need for the client to interact with different participants of the enforcement proceedings. This allows clients to save time, minimize the risks, optimize the costs, and most importantly to achieve the desired result.
GENTLS law firm uses a whole range of legal instruments for the most complete and efficient enforcement of court decisions, namely:
- Effective appeal against actions or inaction of the SES of Ukraine and private bailiffs with the bodies of the Ministry of Justice of Ukraine;
- Effective legal assistance in litigation on appeal by the debtor of actions by the public or private bailiff;
- Effective tracing of assets and liquid assets of a debtor;
- Proactive monitoring and tracking of assets of a debtor to pre-enforcement proceedings in order to avoid their early alienation;
- Assets register and seizure;
- Constant monitoring of court proceedings for the debtor attempts to cancel arrests in court;
- Representation of interests of the claimant at the bidding stage of the arrested property, supporting court cases on the recognition of the bidding as invalid.
GENTLS law firm is a provider of legal instruments of effective enforcement of judicial decisions.