Carrying out court decision regarding reimbursement of damages resulted by inaction of state executive office in Ukraine.

Pysarenko Oleksandr, Attorney-at-Law, MBA Degree.

17 september 2014

Carrying out court decision regarding reimbursement of damages resulted by inaction of state executive office in Ukraine.

Особливий порядок виконання судового рішення про стягнення з держави шкоди, заподіяної бездіяльністю державної виконавчої служби.

The legislation provides significantly different order of enforcement of the judgment, which charged state body with damages, compared with the usual order of execution of court decisions. According to P.2, Art.3 of the Law “On Enforcement Proceedings” decisions onrecovery of funds from state agencies, state budget or budgetary institutions are performed by governmental bodies that provide treasury services.

Two belowmentioned regulations provide the mechanism for implementation of court decisions on recovery of funds from state agency debtors:
– “Procedure of Implementation of the recovery of state and local budgets or debtors” №845, Cabinet of Ministers of Ukraine;
– Law “On state guarantees of execution of court rulings”.

In order for court decision to be carried out, claimant should address State Treasury Department with a respective statement.
Alongside with a statement, claimant should file a compulsory list of documents approved by Cabinet of Ministers of Ukraine.
This list includes:
– Original writs;
– Court rulings regarding reimbursement of damages;
– Statement including bank account details for transfer of funds;

ВИКОНАННЯ СУДОВОГО РІШЕННЯ ПРО СТЯГНЕННЯ З ДЕРЖАВИ ШКОДИ ВІД БЕЗДІЯЛЬНОСТІ ДЕРЖАВНОЇ ВИКОНАВЧОЇ СЛУЖБИ

Writs should be presented for execution within one year from the day following the day of entry into force of the court decision, unless otherwise provided by law. Transfer of funds to claimant is made within three months from the date of receipt by the State Treasury Department of application with all required documents.

P. 35-39 of resolution of CMU №845 indicate that the Treasury can indisputably write-off the state budget for reimbursement (compensation), including damage caused by illegal decisions, actions or omissions of public authorities, their officials or officials in the exercise of their powers.
Write-off of state budget funds by the State Treasury Department for compensation purposes is being made through and within budget allocations envisaged in the state budget for this exact purpose.

If for undisputed compensation State needs additional funds over the amount of the corresponding budgetary allocations, the Treasury shall, within one month of receipt of writs, files proposals to Finance Ministry regarding amendment of the Law on State Budget of Ukraine or the allocation of funds from the reserve fund of the state budget for this purpose.

Write-off of state budget is in effect from the day of implementation of amendments to the Law on State Budget of Ukraine or the decision to allocate funds from the reserve fund of the state budget.

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