Recently, the problem related to the execution of court decisions has worsened in Ukraine - as they are either not executed or are executed in violation of the law. Odesa lawyer Artem Hrushansky commented on the situation with illegal actions of the executive service in a comment to the Elitexpert agency.
"The executive service often acts against the law and common sense, creating problems for citizens. For example, even for a small fine of 200-300 hryvnias, the executor immediately impounds the car, declares it wanted, although the law directly orders to first collect funds from bank accounts. I think that every Ukrainian has a bank card with three hundred hryvnias in his account. It is necessary to simply seize the account, write off 300 hryvnias and that's it — but the performers follow a much more complicated path." - explains Artem Hrushansky.
According to him, such a situation sometimes leads to serious problems for people: "A person may face the fact that his car will be arrested and taken to the penalty area in one city, for example, in Kyiv, and he will have to return to Odesa to pay the fine and remove the arrest. This leads to significant financial and time costs."
"In this case, if the vehicle has already been impounded, I advise you to pay all the costs first, and then file a claim with the executive service. Because the Law clearly establishes the sequence of seizure of assets, and any violations can be challenged in court." - stressed Artem Hrushansky.
In his opinion, in any such situations, it is necessary to immediately contact lawyers who will help to understand the problem and determine the legality of the actions of the executive service. "For example, we managed to collect compensation of up to 30 thousand hryvnias from the Ministry of Justice." he clarified.
On the other hand, Artem Grushansky notes that such cases most often arise due to the mentality of Ukrainians who are used to the principle of "pay and forget", so the actions of the perpetrators remain unpunished.
"Recently, a client came to me who wanted to sell an apartment, but during the sale he found out that it had been arrested. They began to figure it out - and it turned out that the arrest was made illegally - due to the complete coincidence of his name, patronymic and surname with another person. Despite the differences in the identification tax code and other data, the executive service seized the property of a complete stranger... How many such cases will emerge after the war is unknown, because not everyone is engaged in selling apartments. Therefore, I advise you to turn to lawyers, to the courts, and seek justice in order not only to return your funds, but also to change the practice of illegal actions of the executive service." — concluded Artem Hrushansky.
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