The Ministry of Justice of Ukraine prosecuted a private executor for acting in accordance with the law, namely enforcing a court decision on recovery of material and moral damage for a child beaten to death.
A member of the Disciplinary Commission of Private Performers, attorney and an adviser spoke about the unprecedented decision of the Ministry of Justice, which impressed the entire legal environment. ADER HABER Law Firm OLEKSIY SOLOMKO.
The tragedy happened in 2014, in the town of Stryy, Lviv region. A man driving a car knocked a child to death.
After long court wanderings, in 2018 the parents received a decision to recover from the guilty person material and moral damage. We decided to turn to a private performer.
However, the execution turned out to be not simple – active resistance, concealment of property, appeal by the debtor of each procedural action. Finally, the executor was able to transfer for sale in SETAM registered for the debtor 1/3 of the apartment and ½ part of a three-storey cottage.
However, the implementation did not take place. The debtor was even able to suspend the execution of the court decision. Moreover, he launched another offensive against the perpetrator, appealing his actions to the Ministry of Justice.
The motive for the complaint is that the debtor’s child lives in the house. If at least one floor of the house is sold, the debtor’s child will become “crowded”, which will violate her housing rights. And the child’s residence in the apartment, as an option, apparently is not considered.
Although the Supreme Court, at one time, determined that the transfer of the share of housing in which children live, does not deprive them of the right to use housing.
Despite the clear provision of the Constitution of Ukraine – control over the execution of the decision is exercised only by the court, the current team of the Ministry of Justice “in its own way” reads the Constitution and believes that the Ministry of Justice is the same court referred to in the Basic Law.
Therefore, the private executor received a strong condemnation of his actions and a disciplinary sanction from the Ministry of Justice.
The debtor is even more fortunate that the private executor is a member of the Disciplinary Commission and his active position “prevents” the Ministry of Justice from making “necessary” decisions.
During the short term of the current chairman of the Disciplinary Commission – Deputy Minister of Justice for Executive Service, the composition of the commission has changed several times. The reason is “wrong” voting on the initiatives of the Ministry of Justice.
So, it’s time to change the next member of the Disciplinary Commission. Moreover, the reason “noble” – the protection of housing rights of the child. Only the cynicism of such a decision is simply astounding.
Translated from Latin, “justice” means “justice”. Therefore, the Ministry of Justice should be called the Ministry of Justice.
However, is it fair to ignore the Constitution of Ukraine and take over the function of the court, accepting complaints about the actions of executors? Is it fair to ignore the law and the position of the Supreme Court?
But it is fair to mention the child of the debt collector – isn’t it too cramped for her to lie in the grave if, in the opinion of the Ministry of Justice, the debtor’s child will live closely in half of a three-story house?
Public and private performers are often faced with the need to impose fines on the premises where children are registered.
The current legislation clearly states the need to follow the procedure of alienation of this property in order to prevent possible violations of the rights and interests of the child. Namely, part four of Article 12 of the Law of Ukraine “On the Fundamentals of Social Protection of Homeless Persons and Homeless Children” stipulates that prior permission of the guardianship authorities is required for the commission of any real estate transactions, the ownership of which or the right of use of children and care.
It’s no secret that this is very often used by unscrupulous debtors – if you do not want to pay the debt, and do not want to lose your room, just register a child in it. And not necessarily your own. And it is not necessary for the child to actually live in this room – it is enough to be registered on paper.
In short, as the current leadership of the Ministry of Justice likes to say, it is a perfectly legal “schematism” to avoid enforcing the decision.
But if the Ministry of Justice protects the debtor, then where can the parents of the dead child look for the truth?
We hope that law enforcement agencies and courts, which have managed to prove the guilt of the murderous driver, will be able to “help” the Ministry of Justice to navigate the maze of laws and cynical notions of justice.
Otherwise, such games of “justice” are perceived as a signal to debtors – if you do not want to comply with a court decision, contact the Ministry of Justice and get forgiveness of your debt.