Bar Association «Justlictors» successfully defended the client – a private executor of the Kyiv executive district, from the debtor’s complaint to the commercial court, in which the debtor asked to cancel the private executor’s decision about initiating enforcement proceedings for violating the requirements of the “principle of territoriality”.
In court case № 924/408/19 the debtor asked to declare illegal and cancel the decision of the private executor to initiate enforcement proceedings due to the fact that the executive district of the private executor – the city of Kyiv, and the location of the debtor and his property – Khmelnytsky region (Ukraine).
The decision of the Commercial Court of Khmelnytsky region of 24.12.2020 denied the complaint, in connection with which the debtor made an appeal to a higher court.
The North-Western Commercial Court of Appeal 23.02.2021 denied the debtor’s complaint, and left the decision of the first instance of 24.12.202 in the court case
№ 924/408/19 – unchanged.
The Court of Appeal in his decision came, in particular, to the following conclusions:
“It can be seen from the Court case materials that the private executor issued a decision to initiate enforcement proceedings on the basis of the claimant’s application for the opening of enforcement proceedings. The claimant’s application contained information about debtor current bank accounts in Kyiv, where are funds in the amount of 10.00. UAH.
The Court case materials contain a copy of the cash paymentreceipt
№МР-АВ180695015-16261924 dated by 27.10.2020 according to which payment for services and goods in the amount of 10.00 UAH was made by unknown person to the current debtor’s account № МР-АВ180695015-16261924 in bank “KIB”.
From the above provisions of current legislation it follows that the cash paymentreceipt №МР-АВ180695015-16261924 dated by 27.10.2020 is a document that contains information about funds transferred to the current account of the recipient – the debtor in the bank “KIB” which contains the seal of the banking institution and the signature of the authorized person.
The location of the legal entity – bank “KIB”, according to the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations, is: Ukraine, 04053, Kyiv, st. Bulvarno – Kudryavska, 6.
Therefore, the specified cash paymentreceipt №МР-АВ180695015-16261924 dated by 27.10.2020 is a proper proof that the Limited Liability Company has amount of funds on account № МР-АВ180695015-16261924 – in bank “KIB”.
In this case, neither in the complaint against the actions of the private executor, nor in the appeal, the representative of the complainant at the court hearings does not deny that the current account in the bank “KIB” belongs to the debtor.
Thus, the appellant’s arguments set out in the appeal are unfounded, unsubstantiated and unsatisfactory. “
This Court decision came into force and was not appealed in cassation.
Result.
Cash payment receipt about transferring funds to the debtor’s bank account, which is attached to the claimant’s application for enforcement proceedings, is an appropriate document confirming the presence of the debtor’s property in the executive district of a private executor and eliminates violations of the principle of territoriality.
“Article 25 of the Law of Ukraine «On Bodies and Persons Enforcing Judgments and Decisions of Other Bodies». Read the text of the resolution https://reyestr.court.gov.ua/Review/95131401
