LF "Moskalenko & Partners" Won Cases against Municipal Media
09.07.2011
Team of the Law Firm "Moskalenko & Partners" represented interests of journalists Dmitry Dubensky and Tamara Davydenko in the Shevchenko district court of Kyiv in disputes with the editorial metropolitan public media. Following review, the Court decided to accept the claims and recover from the newspaper "Vecherniy Kyiv" debt to Dubensky D.G. totaling about UAH 85000,00, to recover from the newspaper "Vecherniy Kyiv" debt to Davydenko T.N. totaling about UAH 25000,00; to recover from the newspaper "Ukrainska Stolytsya" debt to Dubensky D.G. UAH 25000,00.
All of the abovementioned decisions came into force, enforcement proceedings have been started in State Execution Service Divisions of Podolsk district of Kyiv (on the "Vecherniy Kyiv") and Shevchenko district of Kyiv (on the "Ukrainska Stolitsya").
From the information Creditor received in State Execution Service Divisions and from the case materials, voluntary execution of court decisions has not been done yet; the State Execution Officials issued Regulations on arrest of debtors’ accounts and assets; the enforcement execution has been started.
In particular, concerning the "Vecherniy Kyiv" Resolution of 01.06.2011 on the enforcement procedure all property of the "Vecherniy Kyiv", within the debt to Dubensky D.G., was arrested, and it was prohibited to alienate any property belonging to debtor to the amount of debt. A copy of this resolution was provided to the State Automobile Inspection, where the “Vecherniy Kyiv” has 4 registered cars.
According to the paragraph 5 of the article 12 of the Law of Ukraine "On Enforcement Proceedings" the parties shall notify the State Enforcement Service official on the full or partial self-execution within three working days. Obligation to verify that information lies on the State Enforcement Service official. Thus, if the debtors-newspapers performed voluntary execution they were required within 3 working days to notify the State Execution Service official, who were required to check this. If the newspaper "Vecherniy Kyiv" did not inform the State Executive Service official about voluntary payment of debt, or money was not transferred to the accounts of the State Executive Service, Creditor did not know and could not know about it.
This information was published in all leading online press of Ukraine.
All of the abovementioned decisions came into force, enforcement proceedings have been started in State Execution Service Divisions of Podolsk district of Kyiv (on the "Vecherniy Kyiv") and Shevchenko district of Kyiv (on the "Ukrainska Stolitsya").
From the information Creditor received in State Execution Service Divisions and from the case materials, voluntary execution of court decisions has not been done yet; the State Execution Officials issued Regulations on arrest of debtors’ accounts and assets; the enforcement execution has been started.
In particular, concerning the "Vecherniy Kyiv" Resolution of 01.06.2011 on the enforcement procedure all property of the "Vecherniy Kyiv", within the debt to Dubensky D.G., was arrested, and it was prohibited to alienate any property belonging to debtor to the amount of debt. A copy of this resolution was provided to the State Automobile Inspection, where the “Vecherniy Kyiv” has 4 registered cars.
According to the paragraph 5 of the article 12 of the Law of Ukraine "On Enforcement Proceedings" the parties shall notify the State Enforcement Service official on the full or partial self-execution within three working days. Obligation to verify that information lies on the State Enforcement Service official. Thus, if the debtors-newspapers performed voluntary execution they were required within 3 working days to notify the State Execution Service official, who were required to check this. If the newspaper "Vecherniy Kyiv" did not inform the State Executive Service official about voluntary payment of debt, or money was not transferred to the accounts of the State Executive Service, Creditor did not know and could not know about it.
This information was published in all leading online press of Ukraine.
