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Draft law on digitalization of enforcement proceedings does not create additional grounds for recovery of housing for debts - Ministry of Justice

The Ministry of Justice. Photo: facebook Ministry of Justice of Ukraine
The Ministry of Justice. Photo: facebook Ministry of Justice of Ukraine

The draft law on the digitalization of enforcement proceedings (No. 14005) does not create additional grounds for housing foreclosure. It was reported by the Ministry of Justice, according to the Ukrainian News agency.

"Eurointegration draft law No. 14005 on the digitalization of enforcement proceedings does not introduce any new rules, restrictions or grounds for housing foreclosure. Its key provision is the automatic exclusion of a person from the Unified Register of Debtors immediately after payment of the debt," the statement said.

It is noted that the draft law stipulates that all restrictions and encumbrances will be removed automatically, without the need for additional appeal to the state enforcement officer, which will greatly simplify the procedure for citizens and reduce the burden on the executive service.

According to Deputy Minister of Justice Andrii Haichenko, the innovation will allow to promptly update the status of citizens who have fully fulfilled their debt obligations and will greatly simplify the work of state bailiffs.

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"The only thing that the draft law introduces is the automatic exclusion of a person from the register of debtors after paying off the debt. Thus, you have paid and you are free to exercise all your rights. You don't have to look for a bailiff. This is especially true for internally displaced persons: if you live in Lviv, and your bailiff is in Kherson or Mykolaiv region, and he or she is on sick leave or quit. How are you going to find him so that he presses the button, even though you have already paid everything? This is exactly the kind of simplification that this draft law is about," Haichenko emphasized.

The Deputy Minister emphasized that the document does not create any new grounds for housing foreclosure, an apartment can be foreclosed only in cases clearly defined by law, in particular, if the amount of debt exceeds UAH 160,000 , this procedure remains unchanged.

"The law does not contain any innovations in this part. Everything remains within the current legislation. And no changes in this part are expected in the future," he added.

The Ministry of Justice notes that further digitalization of enforcement proceedings is envisaged by Ukraine's obligations under the Ukraine Facility Plan.

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As the Ukrainian News agency earlier reported, draft law No. 14005 on simplification of enforcement proceedings through digitalization, adopted by the Verkhovna Rada in the first reading on November 4, caused a public outcry due to the introduction of an automated debt collection system.

The Rada's Main Scientific and Expert Department noted that the title of the draft law ("On Amendments to Certain Laws of Ukraine on Digitalization of Enforcement Proceedings") does not take into account that some of its provisions are aimed at restricting the debtor's rights to dispose of his property, funds and securities in connection with his entry into the Unified Register of Debtors as a debtor in enforcement proceedings, which "is hardly directly related to the digitalization of enforcement proceedings."

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