Судовий контроль за виконавчим провадженням під час звернення стягнення на майно боржника, що перебуває в інших осіб
Judicial Control over Executive Proceedings During Foreclosure on the Debtor’s Property Held by other Persons

Summary/Abstract: The article is devoted to the peculiarities of judicial control over executive proceedings in economic proceedings during the foreclosure of the debtor’s property, which is in the possession of other persons. At the same time, attention was drawn to the execution of the specified actions in relation to property that is in state-owned enterprises during martial law. In the course of the study, such methods were used as: descriptive, which allowed to record the peculiarities of the procedure for consideration of an application for foreclosure on the debtor’s property belonging to other persons, in the order of judicial control of executive proceedings in economic proceedings; analytical and systematic, which made it possible to systematize the problematic issues of this category of cases, analyze them and obtain certain conclusions, as well as the deductive method. The work considers possible options for the implementation of judicial control in this area and draws attention to the peculiarities of departmental control over the implementation of executive actions under martial law. Possible variants of judicial control in this area are considered, and attention is paid to the peculiarities of departmental control over the implementation of executive actions under martial law. The circle of appropriate persons who have the right to apply to the court with the relevant procedural document has been analyzed. Depending on the nature of the economic legal personality of a legal entity, the issue of the possibility of intervention in its activities for the purpose of compulsory debt collection by a private or state executor is considered. Considerable attention was also paid to the analysis of the conditions for foreclosure on the debtor’s funds belonging to other persons. In view of this, the indisputability of the debt was considered as a mandatory condition for enforcement and additional conditions for refusing to satisfy the application for enforcement of the above-mentioned funds. The study of court practice materials allowed us to conclude that there are other cases, in addition to those specified in Part 2 of Art. 336 of the Economic Procedure Code of Ukraine, for which the court refuses to grant the application. The analysis of the economic-procedural legal personality of the enterprise during the application of the collection procedure for the debtor’s funds, which should be in the specified enterprise as payables, was also not left out of consideration.

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