Subject of Dispute: Challenging the Actions of a Private Executor Regarding the Seizure of Property of JSC “Volyn Gas” in Enforcement Proceedings.<\/p>\n
Main Arguments of the Court:<\/p>\n
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.<\/p>\n
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.<\/p>\n
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.<\/p>\n
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.<\/p>\n