What is responsible for non-compliance with the legitimate requirements of the state executor?

Criminal Law
Ministry of Justice of Ukraine
30.03.2021
Law Services - What is responsible for non-compliance with the legitimate requirements of the state executor?

Received the official requirement of the state executor and ignored it?
Failure to comply with the legitimate requirements of the state executor entails responsibility in accordance with the law!

Remember, their requirements for implementing decisions are required for all bodies, institutions, organizations, officials, individuals and legal entities on the territory of Ukraine.
The requirement of the state executor is a written document, which consists in cases provided for by law, and is mandatory for executing by bodies, institutions, organizations, officials and individuals regarding the provision of the state executor of documents or copies necessary to carry out its powers, committing others actions necessary for a solution.

The requirement is indicated:
– Name of the body of the ICE;
– Date of opening and executive proceedings;
– requisites of the executive document, based on the enforcement proceedings (its resolution part, if necessary);
– surname, name and patronymic of the state executor;
– a list of actions that need to be done;
– term of implementation of the requirement;
– Consequences of non-fulfillment of requirements.

The requirement is signed by a state executor and sent by mail or other means of communication or awarded by a state executor to a person who is obliged to commit actions.

In the event of a debtor in the actions of the debtor signs of an administrative offense provided for in Article 183-1 of the Code of Ukraine on administrative offenses, or violations of the legitimate requirements of the executor with physical, legal or officials, the executor is a protocol on an administrative offense on the form in the established form.

All protocol details are filled with the executor with a collapsible handwriting in the state language.
There are no drawing or correction of information that is entered in the protocol, as well as adding additional records after the protocol is signed by a person in relation to which it is compiled.

In the protocol on administrative offense are indicated:
∙ date and place of its assembly;
∙ post, surname, name, patronymic performer, which was protocol;
∙ information about the person attracted to an administrative offense;
∙ normative legal act, which provides responsibility for this offense;
∙ surnames, addresses of witnesses if they are;
∙ explaining the person drawn to administrative responsibility;
∙ Other information needed to resolve the case.

One copy of the protocol under the signature is given by a person who is attracted to administrative responsibility.
Keep in mind, the refusal to sign the protocol is not a reason to stop the proceedings.

If the offense is caused by material damage, it also is noted in the protocol.
Failure to comply with the legitimate requirements of the state executor entails responsibility in accordance with the law.

In particular, in accordance with the provisions of Article 76 of the Law “On Executive Proceedings”, for non-compliance with the legitimate requirements of the executor, violation of the requirements of this Law, including untimely submission or failure to submit reports on wage deductions and other debtor revenues, impending or submitting false information about Income and property state of the debtor, failure to debtor at the request of the declaration or indication of the declaration of false information or notifying the change of such information, posting a debtor about the change of place of residence (stay) or the location or place of work (receipt of income), as well as for the absence without respectable The reasons for the challenge of the executor, guilty individuals are responsible in accordance with the law.

In the case of repeated failure to fulfill the debtor without valid reasons, the performer in the same order imposes a fine in double size and appeals to the pre-trial investigation bodies with a report on the commission of a criminal offense.

In the presence of signs of a criminal offense in the actions of a person who deliberately impedes the fulfillment of a decision or in another way violates the law on enforcement proceedings, the executor is an act of violation and appeals to the bodies of pre-trial investigation with a report on commissioning a criminal offense.

Note, for a number of acts within the framework of the executive proceedings, criminal liability is provided, namely:
Art. 164 KCU – evasion of paying alimony for the maintenance of children,
Art. 197 KCU – violation of duties on property protection,
Art. 342 KCU – resistance to the representative of the authorities, a law enforcement officer, a member of public formation of public order and state border or serviceman;
Art. 382 KCU – failure to comply with court decision;
Art. 388 KCU – Hiding property.

The question of bringing to criminal liability in an executive proceeding is solved by the prosecutor’s office, internal affairs or courts on the basis of submission of the state executor.