Not every enforcement proceeding makes a person a debtor in the register: main exceptions
Being included in the Unified Debtors Register or having a mention of an enforcement proceeding often raises questions among citizens regarding their status and possible restrictions. At the same time, many mistakenly equate the Unified Debtors Register with the Automated Enforcement Proceedings System, believing they are the same resource. In fact, these systems have different purposes, different scopes of information, and different access rules. One is the main working tool for state and private bailiffs, the other is an open database of debtors. The Ministry of Justice explained how they differ and what information they contain.
What is the Automated Enforcement Proceedings System
The Automated Enforcement Proceedings System (AEPS) is an information and communication system that provides collection, storage, accounting, search, summarization, and provision of information about enforcement proceedings. It is also used to form the Unified Debtors Register and to ensure protection of information from unauthorized access.
It is in the AEPS that enforcement documents, enforcement proceeding documents, and all enforcement actions are registered.
Additionally, the system provides:
- objective and impartial distribution of enforcement documents among state bailiffs;
- preparation of enforcement proceeding documents;
- access of parties to enforcement proceedings to information and documents;
- centralized storage of enforcement proceeding documents;
- formation of the Unified Debtors Register;
- operation of the Unified Register of Private Bailiffs of Ukraine;
- interaction of state enforcement service bodies and private bailiffs with state bodies, banks, and other institutions.
State and private bailiffs perform all key procedural actions through the AEPS. In particular, they register enforcement documents, open and close enforcement proceedings, issue rulings, record enforcement actions, prepare procedural documents, and exchange information with state bodies and registers.
In fact, the AEPS is the main working system for bailiffs.
What is the Unified Debtors Register
The Unified Debtors Register is a systematized database of debtors, which is a component of the Automated Enforcement Proceedings System.
The main purpose of the register is to publish in real-time information about debtors' unfulfilled property obligations, prevent the alienation of their property, and encourage fulfillment of their obligations.
Information about a debtor is entered into the register simultaneously with the issuance of a ruling to open an enforcement proceeding.
At the same time, the legislation provides exceptions. In particular, information about debtors who are state bodies and local self-government bodies is not entered into the register. Also, certain categories of debtors under non-property decisions and debtors who do not have arrears on enforcement documents for periodic payments exceeding three months are not entered.
What information is contained in the AEPS
The Automated Enforcement Proceedings System contains complete information about the enforcement proceeding, including:
- data of the claimant and debtor;
- details of the enforcement document;
- information about the bailiff;
- rulings and other procedural documents;
- information about seizures of property and funds;
- information about enforcement actions performed;
- data on the status of decision enforcement.
Access to most of this information is available only to bailiffs and parties to the enforcement proceeding in the manner prescribed by law.
What information is contained in the Unified Debtors Register
Unlike the AEPS, the Unified Debtors Register contains only a limited list of data necessary to identify the person and confirm the existence of an enforcement proceeding.
The register includes:
- surname, first name, and patronymic of an individual debtor;
- date of birth of the debtor;
- name of the legal entity debtor;
- information about the body or person enforcing the decision, as well as contact details of the bailiff;
- enforcement proceeding number;
- information about the body or official who issued the enforcement document.
At the same time, the register does not contain detailed information about the debt amount, procedural documents, or the progress of decision enforcement.
Anyone can check the presence of a person in the Unified Debtors Register through an open online service.
Does the presence of an enforcement proceeding in the AEPS mean the person is in the Debtors Register?
No, not always.
Each entry in the Unified Debtors Register is formed based on data from the AEPS, but not all enforcement proceedings are automatically reflected in the register.
Legislation defines cases when information about a debtor is not subject to inclusion in the Unified Debtors Register. This concerns, in particular, state bodies, local self-government bodies, debtors under non-property decisions, and certain categories of debtors with periodic payments.
The main difference between the AEPS and the Debtors Register
The key difference is that the AEPS contains information about all open and closed enforcement proceedings.
Even after full repayment of the debt and closure of the enforcement proceeding, the relevant information remains in the system forever with the current status of the proceeding indicated.
In contrast, the Unified Debtors Register reflects only persons who currently have unfulfilled property obligations.
After the enforcement proceeding is closed, including due to debt repayment, information about the debtor is removed from the register.
Thus, the AEPS is an internal system for accounting and supporting enforcement proceedings, while the Unified Debtors Register functions as an open informational resource that allows checking whether a person has current debt under forced enforcement.
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