Стягнення коштів на рахунках боржника в банківських установах на виконання судових рішень у цивільних справах
Recourse to the Funds on the Accounts of the Debtor in Banking Institutions, in the Execution of Court Decisions in Civil Cases

Summary/Abstract: The article considers some legal problems faced by public and private executor when applying for the funds on the accounts of the debtor in banking institutions, in the execution of court decisions in civil cases. It is also not unimportant to determine the enforcement action, which consists in foreclosing funds on the debtor’s accounts in banking institutions as a primary and effective measure performed by the executor when opening enforcement proceedings, which contributes to an increase in the level of execution of court decisions in civil cases. The main problems that arise when applying for recovery on the funds on the accounts of the debtor are given in this article. Legislative changes considered that have had an impact on the improvement of the arrest system of funds of the debtor. The role of such an enforcement action as recourse to sanctions is defined to the funds on the accounts of the debtor in banking institutions in the execution of judicial proceedings in civil cases. Identifies shortcomings and points the way to improve the automated seizure of debtors’ funds in bank accounts. The content of the application for recovery of funds has been disclosed in the accounts of the debtor in banking institutions. The classification of such an executive action is proposed as an application for recovery of money on accounts of the debtor in banking institutions. Proposals for further development are formulated in automatic seizure of debtors’ funds in bank accounts. Disputed court practice on account security to which wages are credited is presented. Court practice on recovery of funds in the accounts of the debtor in banking institutions in the execution of civil judgements analyzed. Based on the examples of established practical activities the executors are modelled problem situations for private and public executors recovery on funds in accounts of the debtor in banking institutions during the execution court decisions in civil trials. Ideas on improvement of banking legislation presented in the field of forcible to cancel the debt debtors’ funds. Direction of development of the executive production to increase the level of efficiency execution of actions aimed at recovery of funds in the accounts of the debtor in banking institutions in the execution of civil judgements.

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