Enforcement proceedings
We run enforcement proceedings before the state and private enforcement services: monitoring the enforcement officer, tracing the debtor's property, funds and corporate rights, challenging inaction and attachment orders, lifting attachments on property and accounts. We bring judgments of foreign courts and arbitral tribunals to enforcement in Ukraine, and we also protect the debtor through deferral, payment by instalments and a stay of the proceedings.
Support in the enforcement of court judgments
Opening and running enforcement proceedings before the state and private enforcement services: monitoring the enforcement officer, attachments, levying execution on property, distribution of the sums recovered.
A won case is only half the result: without competent enforcement a judgment can stay on paper for years. PROCTOR opens and runs enforcement proceedings before the state and private enforcement services: attachments, levying execution on property, control over every step the enforcement officer takes.
We choose the enforcement officer and the recovery strategy to fit the particular debtor, block attempts to strip assets and take the proceedings through to the client actually receiving the money.
Tracing the debtor's assets
Identifying the property, funds and corporate rights of the debtor, including assets hidden behind nominee owners and related parties. Legal tools for accessing information about assets in Ukraine and abroad.
Challenging the actions and inaction of enforcement officers
Protecting the creditor where the enforcement officer is passive - and protecting the debtor against unlawful actions: complaints, administrative claims, liability of enforcement officers.
Lifting attachments on property and accounts
Releasing property from an attachment imposed by mistake, disproportionately or over the property of third parties. Exclusion of property from the inventory and challenges to attachment orders.
Enforcement of judgments of international courts and arbitral tribunals
Bringing judgments of foreign courts and arbitral tribunals to enforcement in Ukraine: recognition, obtaining the writ of execution, actual recovery from the debtor's Ukrainian assets.
Protecting the debtor in enforcement proceedings
Lawfully reducing the pressure on the debtor: deferral and payment by instalments, a stay of the proceedings, protection of the property critical to the operation of the enterprise.
How enforcement runs
The steps from opening the enforcement proceedings to the recovered money reaching the client.
01
Choosing the enforcement officer
We assess the debtor and choose between the state and the private enforcement service, then prepare the application and the writ of execution for filing.
02
Tracing the debtor's assets
We work with the registers, judicial disclosure mechanisms and the analysis of financial flows. The result is a map of the property, funds and corporate rights of the debtor.
03
Attachment and execution
The property and accounts found are attached, and execution is then levied and the assets realised in the manner the law prescribes.
04
Monitoring the enforcement officer
We hold the proceedings to the statutory time limits, challenge inaction and unlawful orders and, where needed, raise the question of the officer's liability.
05
Distribution and closure
We check the distribution of the sums recovered, receive them into the account of the client and close the proceedings with the outstanding balance recorded.
Formats of support in recovery
The format follows which side the client is on and how many proceedings have to run at once.
Lifting an attachment
Urgent work on a single attachment over property or an account: exclusion from the inventory, a challenge to the officer's order, protection of third party property.
Support of the proceedings
One enforcement proceeding handled in full: tracing assets, attachments, control over the enforcement officer and the case taken through to the money being received.
Recovery with a foreign element
Recognition of a foreign judgment or arbitral award in Ukraine, tracing assets abroad and support of every proceeding against the debtor through to actual recovery.