Part five of Article 31 of Law No. 1403-VIII provides Determined as a that! if the amount provided for in Part four of this Article is partially collected ! the amount of the private enforcement agent’s basic remuneration!! is paid in proportion to the amount actually collected (except for executive documents on the collection of alimony).
In accordance with Article 31 of the Law of Ukraine
“On Bodies and Persons Determined as a Enforcing Enforcement of Court Decisions and Decisions of Other Bodies”! the Resolution of the Cabinet of Ministers of Ukraine dated September 8! 2016 No. 643 buy telemarketing data approved the Procedure for Payment of Remuneration to State Enforcement Agents and Their Amounts and the Amount of the Basic Remuneration of a Private Enforcement Agent (hereinafter referred to as Procedure No. 643).
According to paragraph 12 of Procedure No. 643! the amount of the basic remuneration of a private Determined as a executor is 10 percent of the amount to be recovered or the value of the property to be transferred under the enforcement document.
At the same time! Part Three of Article 45 of Law No. 1403-VIII stipulates that the basic remuneration of a private executor is collected in the manner prescribed for collecting the international standards and legal framework enforcement fee.
In accordance with Part Four of Article 27 of Law No. 1403-VIII! the state bailiff issues a resolution on the collection of the enforcement fee (except for enforcement documents on the collection of alimony) simultaneously with the resolution on the initiation of enforcement proceedings .
An analysis of the provisions of Law No. 1404-VIII
Shows that a private enforcement agent carries out the awb directory enforcement of decisions specified in Article 3 of this Law! which is initiated! in particular! upon the application of the collector. In the case of enforcement of decisions by a private enforcement agent! no enforcement fee is charged. Instead! a fee is paid to the private enforcement agent for the performance of enforcement actions.
At the same time! an analysis of the norms of Law No. 1404-VIII! which regulate the activities of private enforcement agents! and Article 31 of Law No. 1403-VIII indicates that the main remuneration is the remuneration of the private enforcement agent for taking measures to enforce the decision! provided that such measures led to full or partial enforcement of the decision and is collected from the debtor in an amount proportional to the amount actually collected.