Enforcement of Court Decisions

Everyone who turns to the court expects a fair resolution of their case. However, rendering a decision is only half the way to restoring violated rights. The main issue lies in its actual enforcement. In Ukraine, the problem of non-enforcement of court decisions remains acute, as evidenced by numerous court cases and complaints against enforcement officers.

The situation is complicated by the fact that even after obtaining a favorable decision, the claimant may face delays in the process, refusal by the debtor to comply with the decision, or insufficient effectiveness of the enforcement service. This issue is especially critical during martial law, when some state institutions, enterprises, and individuals are in difficult conditions in temporarily occupied territories, and debtors may evade fulfilling their obligations.

One of the key aspects is the control over enforcement of court decisions and mechanisms to influence debtors. It is important to understand when voluntary compliance can be expected and when forced enforcement must be initiated. In some cases, immediate enforcement of court decisions is possible, allowing the claimant to obtain what is due even before the decision gains legal force.

The lawyers of the Dominion Law Association, based on many years of experience, know how to correctly initiate enforcement proceedings, what statutory deadlines for enforcement apply, and what to do if the debtor simply ignores the enforcement officer’s demands—most importantly, how to obtain evidence of enforcement of the court decision, such as funds credited to the claimant’s own account.

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Procedure for Enforcement of Court Decisions

Enforcement of court decisions in Ukraine is carried out either voluntarily or forcibly.

• Voluntary enforcement of a court decision occurs when the debtor complies with the decision independently, without intervention from state or private enforcement officers, immediately after the case is reviewed. The debtor may realize during the hearing that losing is inevitable and voluntarily pay the owed amount.
• Forced enforcement of court decisions is applied if the debtor evades compliance. In such cases, a state or private enforcement officer opens enforcement proceedings and takes measures to ensure compliance, including seizure of property, garnishment of income, account blocking, travel bans, and so forth.

Special attention should be given to the procedure for forced enforcement in administrative cases, as it has certain peculiarities. In particular, enforcement of court decisions concerning government authorities may require additional measures such as court oversight.

What Documents Serve as Grounds for Enforcement of Court Decisions?

Often, clients assume that having a court decision is sufficient grounds for enforcement. However, Article 3 of the Law of Ukraine “On Enforcement Proceedings” establishes that state and private enforcement officers shall enforce decisions based on the following enforcement documents:

1. writs of execution and orders issued by courts based on court decisions, arbitration court decisions, international commercial arbitration awards, foreign court decisions, and other grounds;
2. court orders;
3. rulings and decrees of courts in civil, commercial, administrative cases, cases on administrative offenses, criminal proceedings in cases provided by law;
4. notarial writs of execution;
5. special extracts from the Register of Agricultural Notes;
6. certificates of labor dispute commissions issued based on the respective decisions of such commissions;
7. rulings of state enforcement officers on the collection of enforcement fees, rulings of state or private enforcement officers on collection of enforcement costs, fines, and rulings of private enforcement officers on collection of the main fee;
8. rulings of bodies (officials) authorized to hear cases of administrative offenses in cases provided by law;
9. decisions of other state bodies, decisions (acts) of the National Securities and Stock Market Commission, and decisions of the National Bank of Ukraine recognized by law as enforcement documents;
10. decisions of the European Court of Human Rights, as well as decisions of other international jurisdictional bodies;
11. decisions (rulings) of state financial monitoring entities;
12. decisions of the Public Oversight Body for Auditing or the Audit Chamber of Ukraine;
13. decisions of the National Council of Ukraine on Television and Radio Broadcasting regarding the application of response measures in the form of fines.

Deadlines for Enforcement

Deadlines for enforcement of court decisions play an important role in the application of law since delays can lead to loss of effective judicial protection. In Ukraine, enforcement deadlines depend on the nature of the court decision, type of proceedings, and category of the case. Generally, legislation allows for immediate enforcement, enforcement within the statutory deadline, or according to general rules of enforcement proceedings.

• Immediate enforcement of court decisions: Cases when a court decision is subject to enforcement immediately after adoption, even before it acquires legal force. Such decisions may concern, for example, payment of alimony, wages, or reinstatement at work.
• Enforcement under general rules: The enforcement deadlines in administrative cases are regulated by the Code of Administrative Procedure of Ukraine and have some differences. If the claimant is the state or a state body, the deadline for submission is within three months. Otherwise, as a general rule, enforcement documents in commercial, civil, and administrative cases may be submitted for enforcement within three years.

It is important to note that suspension of enforcement is possible only in cases provided by law. This may occur if an appeal or cassation complaint is filed, and the court decides that enforcement may cause significant harm to the debtor or other persons.

Problems of Non-Enforcement of Court Decisions and Judicial Practice

Non-enforcement of court decisions: Why does it happen?

Despite court decisions being mandatory for enforcement, in practice, situations often arise where debtors evade compliance. The main problems include:

• Lack of debtor’s property, accounts, or income that can be seized.
• Willful evasion of enforcement (hiding, changing residence, selling and concealing real estate, etc.).
• Problems on the part of the enforcement service — untimely initiation of enforcement proceedings, inactivity of enforcement officers, non-compliance with established procedures and deadlines.
• Difficulties enforcing decisions against government bodies, when enforcement requires budget funding.

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Judicial Practice on Non-Enforcement of Court Decisions

Judicial practice in Ukraine shows that non-enforcement of a court decision is a serious violation, which may entail administrative, civil, and even criminal liability. For example, in several decisions of the European Court of Human Rights (ECHR) against Ukraine (notably the case “Burmych and Others v. Ukraine”), the court recognized the systemic problem of non-enforcement of national court decisions, which violates the right to a fair trial. In some cases, courts in Ukraine have obliged state bodies to pay fines for non-enforcement or even compensate moral damages to claimants. There are also examples where officials of state bodies were criminally prosecuted for willful evasion of enforcement of court decisions (Article 382 of the Criminal Code of Ukraine). At the same time, judicial practice shows that claimants often have to initiate control over enforcement through additional court appeals or complaints to the enforcement service. Decisions against state enterprises and authorities are particularly difficult to enforce, where the process may be delayed due to lack of budget funding. However, positive practice also exists — in some cases, courts issue additional rulings obliging enforcement services to intensify forced enforcement.

Enforcement of Court Decisions during Martial Law

Claimants during martial law in Ukraine face various difficulties, including suspension of some courts, migration of debtors abroad, and limited capacity of enforcement services. According to legislation, enforcement proceedings are not automatically suspended but may be postponed or suspended in certain cases, for example, if the debtor is on military service or in a combat zone. Forced seizure of property has become more difficult due to destruction or temporary inaccessibility of assets in occupied territories. At the same time, to ensure the country’s defense capability, certain restrictions have been introduced, including on collection of funds from military units and strategic enterprises of the defense-industrial complex. Nevertheless, courts continue to hear cases on non-enforcement, and enforcement officers have the right to freeze debtors’ accounts and impose travel bans.

Property That Cannot Be Subject to Enforcement

Seizure under enforcement documents cannot be applied to property owned by the debtor or their share in joint ownership, such as:

• Items of daily personal use for satisfying physiological and hygienic needs (dishes, bedding, hygiene products), personal belongings (clothes, shoes, all children’s items);
• Medicines, glasses, and other medical products;
• Furniture — one bed and one chair per person, one table, one wardrobe per family;
• One refrigerator per family;
• One TV, one personal computer per family, one mobile phone per person;
• Drinking water supply, food necessary for personal consumption by the debtor, family members, and dependents;
• Property necessary for religious rites and ceremonies;
• Fuel necessary for debtor, family members, and dependents for daily cooking and heating (during the heating season) of living quarters;
• Livestock used for non-business purposes — one breeding, dairy, or work animal, two pairs of rabbits, five birds, feed needed to maintain them until pasture;
• Seeds necessary for the next sowing and unharvested crops for those engaged in individual farming (except land plots subject to enforcement);
• Agricultural tools;
• Auxiliary rehabilitation aids;
• Prizes, state awards, honorary and commemorative badges.

How Can a Lawyer Help Enforce a Court Decision?

A lawyer plays a key role in ensuring effective enforcement of court decisions by helping the claimant quickly and legally obtain what is due. First, the lawyer analyzes the court decision and determines the optimal enforcement method — voluntary or forced. If the debtor evades, the lawyer prepares a submission to the state enforcement service or a private enforcement officer, accompanies the initiation of enforcement proceedings, and monitors the enforcement officer’s actions. In case of delays or suspension, the specialist challenges the enforcement officers’ inactivity in court. The lawyer may also initiate seizure of property, blocking of debtor’s accounts, or travel bans. In complicated cases, it is possible to approach the court to impose fines or even criminal liability on the debtor for non-enforcement. Legal support significantly increases the claimant’s chances for real enforcement of the court decision and avoidance of artificial delays.

Get a Consultation with a Court Lawyer

Thus, voluntary and forced enforcement of court decisions are an integral part of justice, as without actual implementation even the fairest decision loses its meaning. Despite the existence of legislative mechanisms, the process can be complicated by debtors’ evasion, passivity of enforcement bodies, or legal obstacles, especially during martial law. In such conditions, it is important to control enforcement officers’ actions and use all available legal tools. A qualified lawyer from the Dominion Law Association will help properly organize this process, minimize the risks of delays, ensure maximum results for the claimant, and monitor deadlines for enforcement of court decisions in administrative, civil, and commercial cases. Consulting a professional lawyer is not only a time saver but also a guarantee of effective protection of your rights.