The Order of the Ministry of Justice of Ukraine No. 4066/5 of November 11, 2021, which amended the Instructions for the Organization of Enforcement of Decisions and determined the specifics of foreclosure on land plots or rights to them, entered into force.

Description and seizure of land plots or rights to them will be carried out by state and private executors in accordance with the procedure established by Chapter VII of the Law of Ukraine “On Enforcement Proceedings” and Chapter VIII of these Instructions.

In order to carry out forced sale of land plots or rights to them, which have been foreclosed, the state executive service body, the private executor gets access to the electronic trading system. Access is granted on the basis of the concluded agreement on the organization and conduct of land auctions with the operator of the corresponding electronic platform. Preparation of lots for sale at land auctions is carried out in accordance with the Land Code of Ukraine (Article 136). The decision to conduct land auctions regarding land plots or rights to them is the executor’s announcement of such auctions.

When the announcement of land auctions is published in the electronic trading system, the costs incurred for the preparation of the lot for sale shall include the costs incurred in connection with the evaluation of the land plot or the rights to it, as well as the production and approval of land management documentation in accordance with the procedure established by law. At the same time, the executor is obliged to notify the subject of the pre-emptive right to purchase the plot in writing no later than the next working day after the publication of the corresponding announcement in the electronic trading system.

The protocol on the results of land auctions, the contract based on the results of land auctions, the act on the conducted electronic auctions / on the realization of the subject of the mortgage are signed by the executor and sealed with the seal of the relevant body of the state executive service, a private executor.

All arrests and bans imposed by state enforcement agencies (private executors) are removed from the property by the organizer no later than the next working day from the date of drawing up the act on the conducted electronic auctions/on the sale of the subject of the mortgage in the electronic trading system. But this norm does not apply to the arrest imposed for the execution of the court decision on taking measures to secure the claim.

Funds credited by the operator of the electronic platform to the accounts of the state executive service body, private executor (sale price of the lot; costs incurred for the preparation of the lot for sale in the amount specified in the announcement of land auctions; guarantee contributions of participants in land auctions), which are subject to credit to the organizer, are distributed in accordance with the procedure established by Article 45 of the Law and Chapter VII Instructions.

Source: Ministry of Justice of Ukraine