On January 26! 2024! the Supreme Court! as part of the panel of judges Mechanism for collecting of the Cassation Administrative Court! administrative proceedings No. K/990/14210/23 (EDRSRU No. 116582237)! investigated the issue of determining the mechanism for collecting the main remuneration of a private executor from the debtor.
At the time of the emergence of the disput legal relationship
The special law that determines the conditions and procedure for the execution of decisions of courts and other bodies (officials) is the Law of Ukraine No. 1404-VIII “On Enforcement Proceedings” of June 2! 2016.
Part one of Article 5 of Law No. 1404-VIII provides that the enforcement of decisions is entrust to the Mechanism for collecting bodies of the state executive service (state bailiffs) and! in cases provid for by this Law! to private bailiffs! the legal status and organization of whose activities are established by the Law of Ukraine “On Bodies and Persons Carrying Out the Enforcement of Court Decisions and Decisions of Other Bodies”.
According to Part One of Article 31 of the Law of telemarketing data Ukraine No. 1403-VIII of June 2! 2016 “On Bodies and Persons Enforcing Judicial Decisions and Decisions of Other Bodies” (hereinafter referred to as Law No. 1403-VIII)! it is determin that a fee is paid to a private enforcement agent for performing international practice: lessons we can learn enforcement actions .
In accordance with parts two – four of Article 31 of Law No. 1403-VIII! the remuneration of a private contractor consists of basic and additional remuneration.
The basic remuneration of a private enforcement agent
Depending on the enforcement actions to be awb directory perform in enforcement proceedings! is establish! as a percentage of the amount to be recover or the value of the property to be transferr under the enforcement document .
The amount of the basic remuneration of a private contractor is establish by the Cabinet of Ministers of Ukraine.
(!) The basic fee of a private enforcement agent! set as a percentage.