How is the decision to evict the debtor carried out?

How is the decision to evict the debtor carried out?

The Law of Ukraine «On Enforcement Proceedings» provides the bodies of the state executive service at the legislative level are allowed to execute decisions of both property and non-property nature. Execution of decisions, according to which the debtor is obliged to personally perform certain actions or to refrain from their commission, are decisions of a non-property nature. The non-property decisions also include decisions to evict the debtor.


For compulsory execution of a non-property decision, an enforcement fee is levied in the amount of 2 times the minimum wage from a debtor – an individual and in the amount of 4 times the minimum wage from a debtor – a legal entity. The bailiff, on the next working day after the expiration of the period specified in paragraph 6 of Article 26 of this Law, verifies the execution by the debtor of the decision to evict him. If the debtor fails to comply with the decision to evict him, the state bailiff shall independently execute it in a compulsory manner.


What is the procedure for eviction of the debtor?


The bailiff fixes the day and time of the forced eviction, and informs the debtor about it in writing. The debtor is considered notified of his forced eviction if the message is sent to him at the address at which the eviction should be carried out, or another address, reliably established by the state executor. The absence of the debtor, duly notified of the date and time of the forced eviction, when executing the decision to evict the debtor, is not an obstacle to his eviction.


Forced eviction consists in the release of the premises specified in the court ruling from the debtor, his property, pets and the prohibition of the debtor to use this premises. Forced eviction is subject only to the persons indicated in the executive document. Forced eviction is carried out in the presence of attesting witnesses with the participation of police officers. If the execution of the decision is carried out in the absence of the debtor, the bailiff is obliged to take an inventory of the property. The described property is transferred for safekeeping to the plaintiff or to another person appointed by the state executor.


If the debtor interferes with the execution of the decision on his eviction, the bailiff shall impose a fine on him in the manner prescribed by this Law. Return of property to the debtor the property of the debtor transferred for storage is returned to him by the state executor on the basis of an act after the debtor reimburses the costs associated with the storage of such property. If the debtor refuses to reimburse the costs associated with the storage of the property, they are compensated by the sale of the debtor’s property or part of it.


The storage of property is carried out no more than two months from the date of deposit. After the expiration of a two-month period, the unclaimed property is sold in accordance with the procedure established by this Law. The funds received from the sale of such property, net of the costs incurred, are transferred to the debtor. If the property is not sold, its disposal is carried out in accordance with the procedure established for the disposal of ownerless property.


What documents are drawn up for the eviction of the debtor?


On the execution of the decision to evict the debtor, the state executor draws up an act. It is signed by the persons who took part in the execution of the decision on forced eviction. If the evict needs to be provided with another dwelling place, the state executor shall send it to the body, which, by a court decision, is obliged to provide the debtor with another dwelling place.


If housing is not provided, the contractor draws up an appropriate act and goes to court. Law enforcement measures are not applied to a court decision on this issue. If a person has independently moved into the premises from which he was forcibly evicted, his repeated eviction may be carried out by a state enforcement officer on the basis of a court ruling. The enforcement proceedings are subject to restoration by order of the state executor in this case.