If the information about the owner of the real estate wishing to sell is included in the Unified Registry of Debtors, the notary agreement on the disposal of such property will not have legal force. This and other issues are mentioned in the new bill that is being discussed in the Parliament today.
To prevent attempts by the debtor to withdraw assets (sell their property and hide funds), government law 9363 proposes to automate the interaction of the State Register of Borrowers with other records. writes about it Focus “Your account is under arrest” in the new article. How will parliament improve debt collection?
Maxim Boyarchukov, managing partner at law firm Maxim Boyarchukov and Partners, says he refuses to register by checking information about the owner of a car in the Unified Registry of Borrowers and if such information is already available.
Important
If information about the owner who wants to sell the car is in the Unified Registry of Debtors, the Ministry of Internal Affairs is obliged to inform the private / state executor of this and to refuse such re-registration.
According to Igor Lavrinenko, consultant and lawyer of TOTUM law firm, in this case, the execution of lawsuits (transfer, pledge/mortgage, etc.) aimed at disposing of one’s property with the help of notaries will be prevented. Moreover, nevertheless, if it is somehow possible to conclude an appropriate notarial agreement (other act) for the disposal of real estate, then it will not have any legal force..
According to the bill, debtors whose alimony debt is less than three months will not be included in the registry.
But, The bill provides for situations in which car owners – debtors will not be refused registration (re-registration, deregistration)..
Such situations include:
- re-registration does not provide for disposal of the vehicle;
- purchase or acquisition of a vehicle to pay off a debt;
- the purchase of a car takes place under a contract for the sale of the subject of a safety obligation;
- This is a free transfer of a confiscated vehicle.
What other changes does the draft law 9363 propose?
A government initiative is amending the legislation on child support debts.
“The bill states that information about debtors owed under an executive document on the collection of periodic payments (alimony) is not subject to entry in the Unified Registry of Debtors. for a total amount of less than the quarterly payment amount“, – said Irina Gutnik, attorney for dispute resolution practice at the law firm Arzinger.
Recall that the Verkhovna Rada registered the government bill No. 9363 “On Amending Certain Laws of Ukraine on the Digitization of Enforcement Acts”. The Cabinet, which presented the bill, also proposes to check the availability of information about the owners of real estate in the Unified Register of Debtors when applying to a notary to transfer or pledge property.
Moreover Focus He wrote that a bill has been passed in the Verkhovna Rada asking that some Ukrainians be allowed to use funds in accounts that have been arrested. Thus, during the period until the end of martial law or its cancellation, the soldiers of the Armed Forces of Ukraine, other military formations and special law enforcement agencies formed in accordance with the laws of Ukraine, the State Special Transport Service, the State Special Service Service of Communications and Protection of Ukraine seized funds from the current account, spending transactions from the current account. can do without any restrictions.
Source: Focus
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