CCU stands for the Customs Code of Ukraine, the main codified act that regulates customs affairs in Ukraine. The full title of the document is the Customs Code of Ukraine dated March 13, 2012, ...
06Oct
Law of Ukraine “On Enforcement Proceedings”: A Plain Language Overview
What the Law of Ukraine “On Enforcement Proceedings” Regulates
The Law of Ukraine “On Enforcement Proceedings” No. 1404-VIII dated June 2, 2016, defines how judicial decisions and decisions of other authorities are executed in practice if a person does not comply with them voluntarily. The law is in force, and its current version as of September 30, 2026, has been effective since May 23, 2026. The official text is available on the Verkhovna Rada of Ukraine’s website: Law of Ukraine “On Enforcement Proceedings”.
In simple terms, winning a case in court is not enough. If the debtor does not pay the awarded funds, return property, or fulfill another obligation established by the decision, the procedure for compulsory enforcement begins.
Article 1 defines enforcement proceedings as the final stage of judicial proceedings and a set of actions aimed at the compulsory execution of the decision.
Which Decisions Can Be Enforced Compulsorily
Article 3 of the Law of Ukraine “On Enforcement Proceedings” defines documents on the basis of which compulsory enforcement is permitted. It is not only the usual writ of execution following a court dispute.
Enforcement documents include, in particular:
- writs of execution and orders issued by courts;
- court orders;
- certain rulings and resolutions of courts;
- executive inscriptions by notaries;
- certificates of labor dispute commissions;
- executive orders by enforcement officers concerning collection of enforcement fees, expenses, fines, or the main fee of a private executor.
The specific document must comply with the requirements of Article 4 of the law. If mandatory details are missing or the deadline for submission is missed, the executor may return the document without accepting it for enforcement.
Who Conducts Enforcement Proceedings
Decisions can be enforced compulsorily by state enforcement officers and, in cases provided by law, by private enforcement officers. The claimant often has the right to choose between them, but there are legislative restrictions on private enforcers regarding certain categories of decisions.
The legal status of enforcers is additionally regulated by the Law of Ukraine “On Bodies and Persons Who Carry Out Compulsory Enforcement of Court Decisions and Decisions of Other Bodies”. The practical procedure for conducting enforcement actions is detailed in the Instruction on the Organization of Compulsory Enforcement of Decisions.
How Enforcement Proceedings Are Opened
In most situations, the claimant needs not just a court decision, but to submit a proper enforcement document for execution.
The general scheme is as follows:
- Obtain the enforcement document.
- Submit it along with an application to the state or, if permitted by law, to a private executor.
- Wait for the order to open enforcement proceedings.
- Provide the executor with known information about the debtor’s property, accounts, place of work, or other assets.
- Monitor the proceedings and submit applications and motions if necessary.
According to Article 26, the executor generally issues an order to open proceedings no later than the next working day after receiving the enforcement document. The debtor is also warned about the obligation to submit a declaration of income and assets.
Article 12 of the Law of Ukraine “On Enforcement Proceedings” – Deadlines
Article 12 of the Law has special practical importance. The general deadline for submission of an enforcement document for compulsory execution is three years. For certificates from labor dispute commissions and documents where the claimant is the state or a state body, the deadline is three months. Separate rules apply for periodic payments, including alimony.
A missed deadline may be restored by the court in cases provided by law. Therefore, leaving a writ of execution inactive indefinitely involves risks.
What an Executor Can Do
Article 18 of the Law grants the executor rather broad powers, but they must be exercised strictly within the law.
To enforce a decision, the executor may, among other things:
- obtain information about the debtor from state bodies and other institutions;
- check the debtor’s property status;
- impose arrest on funds and property;
- collect funds in accounts and electronic money;
- describe, seize, and transfer property for sale;
- collect wages and other income in cases established by law.
At the same time, Article 2 requires proportionality of enforcement measures to the scope of claims. Enforcement proceedings do not give the executor the right to act arbitrarily.
Arrest of the Debtor’s Accounts and Property
Article 56 of the Law of Ukraine “On Enforcement Proceedings”
Arrest is applied to ensure real execution of the decision. It may concern money, electronic money, and other property of the debtor. Following the 2026 amendments, the law also detailed electronic interaction and work with electronic wallets.
Collection may primarily target the debtor’s funds and other valuables. If they are insufficient, the executor moves to other property.
An important guarantee: under the current wording of Article 48, if the amount of enforcement does not exceed 50 minimum wages, collection is generally not applied to the debtor’s only housing and the land plot under it. The law provides exceptions, notably for mortgaged property and certain compensation claims.
Can Absolutely All Property Be Taken?
No. The law lists property of an individual that cannot be subject to enforcement. This includes necessary everyday items, children’s belongings, certain furniture items, one refrigerator, certain household appliances, medicines, and other necessary property.
Article 73 of the Law also establishes categories of funds and payments exempt from collection. Therefore, the mere fact of arresting a bank account does not mean that all funds in it may be lawfully withdrawn.
How Much Can Be Withheld from Salary
Articles 68, 69, and 70 of the Law regulate deductions from salary, pension, scholarship, and other incomes.
For most wage deductions, the limit is 20%, and for alimony and certain compensation claims – 50%. The total amount of all deductions during one salary payment under several enforcement documents should generally not exceed 50%, although special rules apply in specific cases provided by law.
Enforcement Fee – How Much the Debtor Pays
If the decision is enforced by a state executor, Article 27 provides for an enforcement fee. For property claims, it is 10% of the amount subject to compulsory collection or return, or the value of property to be transferred, taking into account exceptions established by law.
If a private executor handles the case, instead of the state enforcement fee, the main reward of the private executor applies. These payments differ in legal nature.
Articles 37 and 39 – Return of Document and Termination of Proceedings
These concepts should not be confused. Returning the enforcement document to the claimant under Article 37 often does not mean that the right to collect is lost forever.
For example, the document may be returned if the debtor’s property is not found. The law explicitly provides that such return in certain cases does not deprive the claimant of the right to resubmit the document within the terms of Article 12. Article 39, in turn, establishes grounds specifically for terminating enforcement proceedings.
How to Appeal the Executor’s Actions
The debtor and claimant are not obliged to agree with illegal orders, actions, or inaction of the executor. Article 74 explicitly provides the appeal mechanism.
Decisions and actions regarding enforcement can be appealed within 10 working days from the day a person learned or should have learned about the violation of their rights. For decisions to postpone enforcement actions, the law sets a three working days deadline. The procedure and court to apply to depend on the specific decision being enforced.
Frequently Asked Questions
Yes. The law allows arresting the debtor’s funds in accounts unless there is a special legal prohibition on enforcement against them.
Yes, if there is a legal ground. Article 59 of the Law of Ukraine “On Enforcement Proceedings” defines cases when the arrest is lifted by the executor, the head of the relevant State Enforcement Service body, or the court.
Yes, under a special procedure. The individual debtor can designate one current account and make withdrawal operations from it within an amount that does not exceed two minimum wages per calendar month, as set on January 1 of the respective year. For this, an application to the executor with the IBAN and bank details must be submitted.
In many cases – yes. Article 37 explicitly maintains the possibility of resubmitting the document if the relevant term has not expired and there are no other legal obstacles.
It regulates alimony collection: calculation of debt, indexation, enforcement on property, and special measures regarding debtors. For example, if the debt exceeds the amount of payments for three months, enforcement may be applied to property, and the debtor’s information is entered into the Unified Debtors’ Register. For long-term debt, the law provides additional restrictions and fines.
No. In most cases, you need to obtain or have a corresponding enforcement document and submit it for compulsory enforcement. Only then can a state or private executor apply measures provided by law.
For a specific case, it is necessary to check the current version of the law, the type of enforcement document, its issue date, the basis for collection, and executor’s orders. Even one date or reason for document return can significantly affect the rights of the debtor or claimant in enforcement proceedings.
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