Document regulating the activities of the executive service, was adopted in November 2010. It is called "The Law" On Amendments to the Law on enforcement jurisdiction and shall come into force on March 8. Much in the ratio of bank debtors and creditors themselves will change in favor of the latter: the executive office will receive all rights to return the bank debts at any cost, the newspaper said in Kiev.
Related article: Will develop a mortgage for individuals in 2013?The law was adopted for the protection of creditor rights, explains the Presidential Adviser of the Association of Ukrainian Banks Alex Kusch. Indeed, the share of problem loans in Ukraine makes 30-40%. Many borrowers have become hostages of an unexpected jump in the dollar from 5.05 USD to UAH 8 autumn 2008, to the same income after the crisis have fallen significantly.
Olga from Kiev Krasnov few months ago she suddenly visited a malicious skin defaulter, when longer time to repay the debt for a laptop bought on credit. The sum of loan taken for purchase, was small - about 7 thousand UAH, but when the employer began to delay wages, the bank has to bear nothing. Initially, employees of the bank phoned her personally, demanding a refund, then started to get close to her.
- Got a mobile to my mother, promised to submit to me in court, crowed over the home, found me at work, writing letters, do not hesitate to call on Sunday morning, godfather, who act as security for the loan! - Olga.
Everything ends happily, Olga duty paid at the first opportunity, but the experience of communicating with the bank remained on life. More is coming when the financial institution will really appeal to the courts and "knock out" debts have become bailiffs, armed with new powers ...
First, confiscate, and then sort out
The fact that the commitment to return and be responsible for breach of contract, beyond doubt, but still a lot of injustices in the law, ex-head of the Verkhovna Rada Committee on matters of tax and customs policy, Sergei Terekhin.
- See for yourself: if natural persons do not pay taxes, and the court decides to force him to it, a certain property of the debtor imposed bail, and at the same machine: flat persons under public law, can enjoy. A new version of the Act provides for the arrest immediately, that is, fall into arrears on the mortgage - you will select the first apartment, and then will be dealt.
On the other hand, the Executive shall have no liability for non-judicial decision.
- Here you are, for example, divorce, need a car, and the court took your side. But if the ex-spouse suddenly agree with the bailiff, then to enforce the court decision will be difficult - gives an example Terekhin. - Such lawsuits can take years. That is, adding a human gosispolnitelyam need to increase their personal responsibility.
And it turns out that a kopek duty as a citizen can not produce abroad.
- Even in the Tax Code prohibits take the mortgaged property, which is worth more than the amount of debt, and a new version of the law looks at it another way: if you owe the rent 100 UAH, first you have it taken away, sell, this seek the hundred, and you bring it that was left somewhere in the driveway, where you'll be at that time to live ...
Artists: Now pay voluntarily
In the department of executive services of the Main Department of Justice in Kiev believe that the work of executive services is largely simplified:
- The sooner we find the debtor's property, the more arrests, we pay him penalty. Sometimes it works as a preventive measure: the debtor understands that he can not dispose of the assets and pays voluntarily - explained to us one of the officers of the executive service.
How will beat debts
The most important thing in the law of the executive office in Ukraine
- Executive Service had access to all electronic databases relating to our property: they can make free use of data BTI, land cadastre, MREO, to identify the debtor's property, to impose on him arrested and sold by court order.
- To arrest a citizen can and for attempting to influence the activities of the Executive (for example, to threaten him).
- Resistance gosispolnitelyam equated to resistance to law enforcement. Debtors may be arrested, fined, restrict their freedom or imprisoned for several months to several years.
- If you listed a debt and the creditor went to court, you will not be released abroad, even on vacation.
- Limits the procedural rights of the debtor to appeal the executive procedures: if a court ruling against him in force, it can not be challenged.
- Public auction for sale of the property will henceforth apply only to personal property and housing and lands will be implemented through the Commission and not publicly. That is how profitable it will sell your goods will depend only
from the commission.
The other side
Debtors can not block the court's decision
- The law is designed based on the experience of the world banking practices and is very necessary to banks against the backdrop of the fact that in recent years lenders, not wanting to pay, have to go to court and even win - explains the need for such a law Kusch. - While the executive office has been stripped of tools work effectively, the debtors had ample opportunity to block it. Now stop the execution of the award will be unrealistic.
With him in solidarity and deputy parliamentary committees Stanislav Arzhevitin:
- Regulations of this law will act more from a psychological point of view. Society must come to understand: before you take out a loan, you need to think about whether you potyanesh it. And we can sue for several years - as in one or the other way. In Europe, if a person takes a loan, he has no idea how to do so to get away from his return. But in Ukraine you can read in any newspaper ads, such as give advice, it does not repay the loan.