The procedure for imposing an arrest on the debtor’s On Enforcement Proceedings property is regulated by Article 57 of the Law of Ukraine “”.
Parts one and two of the said article provided that the seizure On Enforcement Proceedings of the debtor’s property is used to ensure the actual execution of the decision. The seizure of the debtor’s property may be imposed by the state.
On Enforcement Proceedings bailiff by:
Iissuing a resolution on the seizure of funds and other valuables of the debtor that are in accounts and deposits or in storage in banks or other financial institutions; issuing a resolution on the seizure fantuan data of funds that are in the debtor’s cash register or are received by it; issuing a resolution on the seizure of the debtor’s property and announcing a ban on its alienation; conducting an inventory of the debtor’s property and imposing an arrest on it.
But almost always in On Enforcement Proceedings enforcement proceedings! the debtor’s property is seized. And often this seizure remains in effect for a long period of time! sometimes more than 10 years.
Is this fair and what function does the arrest town in mid-morning! groggy from the twenty-four perform in this case if the debt collector does not re-present the enforcement document for execution and does not declare his claims to the debtor?
According to Article 1 of Protocol 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms! every natural or legal person has the right to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.
Article 41 of the Constitution of Ukraine provides for the inviolability of the right to private property.
The inviolability of the right to property consists in its inviolability
All persons must refrain from unjustified appropriation of the owner’s aqb directory property and causing him harm. Unlawful deprivation of the right to property or restriction in its exercise is also not allowed.
According to Part 1 of Article 317 of the Civil Code of Ukraine! the owner has the rights to possess! use and dispose of his property.