Subject of Dispute: Challenging the Actions of a Private Executor Regarding the Initiation of Enforcement Proceedings under a Credit Agreement.
Main Arguments of the Court:
1. The writ of execution has entered into legal force and was not cancelled at the time of presentation for execution.
2. The writ of execution clearly specifies the debtor’s property located in the Obukhiv District of Kyiv Region.
3. The fact of change of property ownership is not a ground for non-acceptance of the writ of execution, as this is not provided for by the legislation on enforcement proceedings.
Court Decision: Partial Satisfaction of the Cassation Complaint – the reasoning part of the appellate court’s resolution was amended and the court fee collection was cancelled.
Note: The Court drew attention to the fact that the appellate court did not take into account new circumstances that arose after the decision was made by the court of first instance.
