The Ministry of Justice of Ukraine allowed banks to automatically write off debts from the accounts of Ukrainians at the request of state and private executors. Igor Shavrov, a lawyer who manages the Shavrov and Partners law firm, told how it will work.
Let's start with the fact that for any forced withdrawal of funds from the accounts of Ukrainians, a court decision is mandatory, which has entered into legal force and which has been sent to the enforcement service for execution.
That is, if, for example, there is a debt due to utility bills, then they do not have the right to write off it based on your payments - the basis can only be a court decision!
As it was before
When the debtor refuses to comply with the court's decision, then the enforcement service or private executors take over the case. However, even they cannot do everything. After all, in order to write off the funds or at least impose an arrest on them, you must first find the bank accounts of the debtors. To do this, executors need to manually send requests to each bank (now there are 73 of them). Now the Ministry of Justice of Ukraine specified this problem and shortened the time for debiting funds from the debtor's account. Until today, the executor had to send a request to each bank only in order to find out whether the debtor's account is in it or not
WHAT IS "AUTOMATIC SUBSCRIPTION"
Recently, the NBU changed the rules of access to bank secrets: "Information regarding the availability and/or condition of the debtor's accounts must contain the numbers of the accounts opened by the debtor in the bank, as well as the amount of funds available in such accounts."
That is, now banks do not simply answer to the executor that the debtor has an account with the bank, but must also provide detailed information with the number and balance on such an account. And the executor will have all the necessary information in order to determine the amount of arrest and write-off in a specific bank.
This preparatory stage became the basis for the introduction of the automatic procedure of arrest and write-off of funds.
This is done through the "automated system of executive production". That is, the executor has some kind of system in which he can communicate with banks by means of electronic communication, and in one or two clicks they will send a request to the banks for the seizure or write-off of funds. Such a system has already been tested on alimony debtors.
According to the Ministry of Justice, soon all 73 banks of Ukraine will be connected to this system and will be able to seize accounts and write off money.
But this story began to gain momentum after information appeared that the Ministry of Justice, by its order, expanded the range of debts for which automatic arrest and withdrawal of funds may occur.
Thus, until April 6, 2021, it was possible to seize accounts and write off funds through the above-mentioned automated system only for alimony debts. But then the Ministry of Justice completely changed the text of the previous decree on alimony and already provides for such a procedure for all types of debts: loans, utilities, fines, etc.
Since July 6, this system has worked at full capacity, and the money sent to your card can now be identified by the executor, arrested and written off within one banking day with the joint enhanced work of the executor and the bank.
Now the executor forms his requests through the electronic system, and the banks give a detailed answer on the debtor's accounts within 1 hour: where, what and how much. After that, the executor through the same system forms a decree of arrest, which is executed by the banks immediately. The bank writes off the amount of the debt and transfers it to the executor's account, and the latter to the claimant.
Such actions will await everyone who enters the Register of debtors.
