Why You May Not Be in the Debtors' Register Even Though Enforcement Proceedings Exist: An Explanation
The Odessa Interregional Department of the Ministry of Justice has clarified the features of the Automated Enforcement Proceedings System (AES) and the Unified Debtors' Register, detailing the information contained within each resource.
What is the Automated Enforcement Proceedings System?
The Automated Enforcement Proceedings System (AES) is an information and communication system designed to collect, store, and account for data related to enforcement proceedings. It serves as the central repository for registering enforcement documents, generating documents for enforcement proceedings, and recording all enforcement actions.
The AES is the primary operational system for both state and private enforcement officers, and it contains, among other things:
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Data pertaining to the claimant and debtor.
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Details of the enforcement document.
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Information about the enforcement officer.
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Orders and other procedural documents.
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Information regarding the seizure of property and funds.
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Data on enforcement actions undertaken.
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Information on the current status of the decision's execution.
Access to most of this information is granted to enforcement officers and parties involved in the enforcement proceedings, in accordance with legally established procedures.
What information the Unified Debtors' Register contains
The Ministry of Justice emphasised that the Unified Debtors' Register is a component of the AES but serves a different purpose. It contains only a limited amount of information necessary to identify the debtor and confirm the existence of enforcement proceedings.
The register shows:
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the debtor's surname, first name, and patronymic for individuals;
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the debtor's date of birth;
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the name of the legal entity;
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data of the body or person carrying out the enforcement;
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the enforcement proceeding number;
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information about the body or official who issued the enforcement document.
Anyone can check for a person's presence in the Unified Debtors' Register through an open online service.
Why data in AES and the Debtors' Register may differ
The Ministry of Justice pointed out that the presence of a record in AES does not always mean that the person is included in the Unified Debtors' Register.
AES contains information about both open and closed enforcement proceedings. Even after the debt is paid off and the proceeding is closed, the data remain in the system with the corresponding status.
At the same time, the Unified Debtors' Register reflects only those persons who currently have outstanding financial obligations. After the enforcement proceeding is completed, including due to debt repayment, the debtor's information is removed from the register.
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