Responsibility in the enforcement proceedings
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Southern Interregional Department of the Ministry of Justice (Odessa)
Responsibility in the enforcement proceedings
03.08.2017
Responsibility in the enforcement proceedings
Responsibility is a social phenomenon that somehow affects participants in public relations.
An important area of ??realization of legal relations is executive proceedings, in which the activities of its participants are largely determined by the existence of liability measures for violating the law on enforcement.
Execution can be considered as a legal remedy for solving certain problems of society and interests of citizens and organizations. The legal rules on executive proceedings regulate social relations in this area of ??law enforcement. The process of enforcement in the enforcement proceedings may encounter certain barriers of a legal or non-legal nature, which may be overcome with the help of effectively functioning elements of the mechanism of legal regulation of executive-procedural legal relations. One of such elements is the comprehensive institute of legal responsibility.
Illegitimate activities of participants in enforcement proceedings may lead to the application of liability measures.
In the most general form, the responsibility for violating the law on enforcement can be divided into substantive and procedural legal
In any case, for measures of liability for violation of the law on enforcement, it is characteristic of:
Consolidation in legal norms;
Use of state coercion;
Application by authorized state bodies;
Assigning new additional responsibilities;
The offensive of negative consequences of personal, property, organizational nature.
When compulsory execution of decisions of courts and other bodies (officials), which according to Article 1 of the Law of Ukraine dated 02.06.2016 № 1403-VIII "On bodies and persons performing enforcement of court decisions and decisions of other bodies" is charged to the bodies of the state executive service And in cases determined by the Law of Ukraine dated 02.06.2016 № 1404-VIII "On enforcement proceedings" - for private performers.
According to Article 75 of the Law, it is noted that in case of failure to fulfill, without good reason, a decision obliging the debtor to perform certain actions, and a decision to resume work, the executor makes a decision to impose a fine on the debtor - an individual in the amount of 100 tax-free Minimum incomes of citizens, on officials - 200 tax-free minimum incomes of citizens, on a debtor - a legal entity - 300 tax-free minimum incomes of citizens and sets a new term of execution.
In case of a repeated non-execution of a decision by the debtor without valid reasons, the executor in the same order imposes on him a fine in double amount and appeals to the bodies of pre-trial investigation with a statement about the commission of a criminal offense.
Article 76 of the Law provides that for non-compliance with the lawful requirements of the executor, violation of the requirements of this Law, including for late submission or absence of reports on deductions from salaries and other debtor's income, failure to submit or submission of false information about the income and property of the debtor, failure to provide The debtor at the request of the executor of the declaration or the indication in the declaration of false information or failure to notify such information, the failure of the debtor to change the place of residence (stay) or location Or the place of employment (receipt of income), as well as for failure to appear without good reason upon the request of the executor, the guilty persons are liable in accordance with the law.
In the presence of signs of a criminal offense in actions of a person who intentionally interferes with the execution of the decision or otherwise violates the requirements of the law on enforcement, the executor shall draw up an act of violation and apply to the bodies of pre-trial investigation with a statement on the commission of a criminal offense.
Please note that Article 382 of the Criminal Code of Ukraine of April 5, 2001 No. 2341-III (hereinafter - the Code) provides for criminal liability for intentional non-execution of a sentence, decision, ruling, court order, which has become legally binding, or impediment to their execution, and is punishable by a fine From five hundred to one thousand non-taxable minimum incomes, or imprisonment for up to three years.
The same actions committed by an official shall be punishable by a fine of seven hundred and fifty to one thousand non-taxable minimum incomes, or imprisonment for a term up to five years, with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
Actions foreseen by part one or two of this article committed by an official who is in a responsible or particularly responsible position or by a person previously convicted for a crime envisaged by this article or if they caused significant harm to the rights and freedoms of citizens, state or public interests protected by law Interests or interests of legal persons - shall be punishable by imprisonment for a term of three to eight years, with the deprivation of the right to occupy certain positions or engage in certain activities on up to three rokiv.Umysne failure by an official of the European Court of Human Rights - is punishable by imprisonment for a term of three to eight years, with disqualification to hold certain positions or engage in certain activities for up to three rokiv.Statteyu 388 of the Code states that for embezzlement alienation, concealment, substitution, injury, destruction of property or other illegal actions of property has been seized, with collateral or property that describes or violation of restrictions (encumbrances) of the right to use such property, EPA snene person to whom it is entrusted property and realization of your bank or other financial institution banking operations, which arrest - shall be punished by a fine of two hundred to five hundred untaxed minimum incomes, or correctional labor for up to two years, or imprisonment for the same period, with disqualification to hold certain positions or engage in certain activities for up to three years or without takoho.Diyi specified in paragraph one of this Article committed in respect of property subject to forfeiture of court decision, which came into force - punishable by a fine of three hundred to six hundred untaxed minimum incomes, or imprisonment for up to three years, or imprisonment for the same period, with disqualification to hold certain positions or engage in certain activities for up to three years or without takoho.
Department of state executive service
of the regional Department of Justice in the Odessa region
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