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03 Okt. 2022

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Departure of the debtor's man from Ukraine. Border crossing rules

Krieg
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Ukraine

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Departure of the debtor's man from Ukraine. Border crossing rules

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The departure of men abroad is the most popular topic of legal consultations and publications on relevant resources on the Internet. In this article, we will talk about whether debtors can leave the territory of Ukraine.


If the man is a debtor, but has the right to leave, this opportunity will be limited. The most frequent reason for the limitation is debts to banking institutions, alimony, open court proceedings.


How to find out about restrictions on the right to leave?


The website of the Unified Register of Debtors will help with this. If, for example, you have not paid alimony and want to know whether your right to travel abroad is not restricted, look for information in the category "enforcement - alimony collection".


Data on the debtor are entered into the register if the debt under the executive document on the collection of periodic payments is more than three months.


If a person is listed as a debtor in the register, you should contact the state or private executor who is executing the relevant document. This will help to find out the amount owed and other information that will help to find out whether his right to leave is not restricted due to non-payment of alimony or repayment of other periodic payments.


Attention! In theory, the executor must inform the debtor about the restriction of the right to leave no later than on the next working day after the relevant decision is issued. In practice, this does not always happen. In order not to have problems at the border, you should find out in advance all the necessary information based on the relevant executive documents.


When the man fully repays the debt, the executor will issue a resolution to cancel the restriction on the right to leave. At the same time, data on the debtor will be automatically deleted from the unified register.


The decision of a state or private executive can be appealed in accordance with the procedure established by law.

According to part 5 of Art. 441 of the Code of Civil Procedure, the court may challenge the actions or inaction of the executor in response to the statement of an individual.


You can also send an application to the Main Center for Special Information Processing of the State Border Service of Ukraine.