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18.03.20 19:14:46

The court upheld Igor Khasin's position regarding illegality of the state executor's decision

By the decision of March 18, 2020 in case No. 640/1803/20 the Kyiv District Administrative Court upheld the claims of an individual, whose interests are represented by lawyer Igor Khasin, to annul the decisions of the State Enforcement Service Golosiivskyi district department in Kyiv on the collection of the enforcement fee from the property guarantor.

The court agreed with the plaintiff that the property guarantor, although he is a formal debtor in enforcement proceedings on foreclosure on a mortgage, is not a debtor under a loan agreement, and, in accordance with the provisions of the Law on Mortgage, is responsible only within the scope of the mortgage. The absence of the fact of the sale of the mortgage precludes the collection of the enforcement fee, therefore, the issuance of a decision by the state executor to recover the enforcement fee from the property guarantor after the closing of the enforcement proceedings due to the inability to sell the mortgage (or at the request of the collector) is illegal.

By the same decision, the court recognized the decision of the state executor on the collection of the enforcement fee as directly contrary to the Law of Ukraine "On Enforcement Proceedings".