The State Border Guard Service of Ukraine has introduced restrictions on the Client’s right to leave Ukraine by prohibiting him from crossing the state border of Ukraine until the execution of a court decision on debt collection.
Lawyer Artem Fedosin appealed against the court decision on the travel ban.
…the grounds for imposing a temporary restriction on a person’s right to travel outside Ukraine is the establishment by the court considering the submission of the state enforcement officer of the fact that the debtor has evaded fulfilment of its property obligations to the creditor. Evasion of an obligation is understood to mean such actions or omissions on the part of the debtor that consist of intentional or other deliberate failure to comply with a court decision, provided that the debtor has the opportunity to take actions to comply with the decision and in the absence of objective circumstances that impede compliance. In order to fully and comprehensively clarify all the circumstances of the case, establish the actual rights and obligations of the parties to the disputed legal relationship, the court must determine whether the debtor is actually deliberately evading the fulfilment of the obligation in full or in part.
As a result of the appeal proceedings, the court decision was cancelled and the ban on the Client’s travel abroad was lifted.
