Year: 2025
Type: article
Abstract: The article considers the current problem of appealing a notary’s executive inscription in the context of modern judicial practice of Ukraine. The author carries out a comprehensive analysis of the legal nature of an executive inscription, outlines its legal nature as a means of extrajudicial protection of the rights of the creditor and emphasizes the limits of its lawful application. The focus is on the key condition for making an executive inscription - the indisputability of the debt, as well as on typical violations that lead to the recognition of such an inscription as unenforceable. The article examines in detail the positions of the Supreme Court on the legality of issuing writs of execution in cases of debt collection, foreclosure on mortgages, compliance with the procedures for notifying the debtor and the application of the statute of limitations. Particular attention is paid to the analysis of court decisions in which notaries established violations of procedural requirements, in particular, the absence of evidence of indisputability, failure to deliver notices of violation of secured obligations, or violation of the deadlines for registration in the Register of information on foreclosure on the subject of a security encumbrance. The practice of declaring electronic auctions that took place before the cancellation of the enforcement order as illegal is also analyzed. Legal conclusions are given regarding the consequences of a notary’s violation of the requirements of the law, as well as the procedural features of protecting the debtor’s rights in cases of declaring an enforcement order unenforceable. The author emphasizes that appealing an enforcement order in itself does not interrupt the statute of limitations, does not create new legal grounds for debt collection, and the court’s decision to cancel the order does not have retroactive effect on transactions made before it entered into force. The article formulates a conclusion on the need to strengthen the standards of notarial control and take into account judicial practice regarding the appeal of a notary’s executive inscription in order to ensure a balance of interests of the parties in the field of extrajudicial debt collection, which corresponds to the principles of legal certainty and justice.
Author: V. F. Puzyrnyi
Institution: Penitentiary Academy of Ukraine
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4410545264