Subject of Dispute: Removal of Information about a Person from the Unified Debtor Registry after Return of Enforcement Documents due to Lack of Property.
Main Arguments of the Court:
1. The Law of Ukraine “On Enforcement Proceedings” contains an exhaustive list of grounds for excluding debtor information from the registry.
2. Return of an enforcement document due to lack of property (paragraph 2 of Article 37) is not a basis for deleting data about the debtor.
3. The creditor is not deprived of the right to re-apply for enforcement of the court decision within the periods established by law.
Court Decision: To leave the cassation appeal without satisfaction, the resolution of the appellate court – unchanged.
Note: The court confirmed the previous legal position of the Supreme Court regarding the impossibility of automatic exclusion of a debtor from the registry when an enforcement document is returned.
