Subject of Dispute: Challenging the Actions of a Private Executor Regarding the Seizure of Property of JSC “Volyn Gas” in Enforcement Proceedings.
Main Arguments of the Court:
1. The private executor did not have the right to open enforcement proceedings and perform enforcement actions, as the state’s share in the authorized capital of JSC “Volyn Gas” exceeds 25% and is under the management of the National Agency for Identification, Search and Management of Assets.
2. The court referred to a previous resolution dated 19.12.2024, which states that during asset management, the owner’s powers are exercised by the National Agency, and the property is actually in its ownership.
3. This does not prevent the compulsory enforcement of a court decision by the State Enforcement Service, but prohibits the private executor from performing enforcement actions.
Court Decision: The complaint of JSC “Volyn Gas” has been satisfied, the actions of the private executor have been declared unlawful, and the resolution on property seizure has been canceled.
