DEBT COLLECTION BY NOTARY PUBLIC EXECUTION ORDER DURING MARTIAL LAW

Due to the martial law in Ukraine, a significant number of legal relationships have undergone transformations, particularly in the area of debt collection. One of the mechanisms for pre-trial enforcement of debts is a notary’s writ of execution. In peacetime, this instrument was actively used by creditors, but in wartime, many new challenges have arisen.

In early 2022, the Verkhovna Rada introduced a ban on the enforcement of notarial executive inscriptions, but later allowed their enforcement with the introduction of certain changes in regulatory framework.

In this article, we highlight the features and legal restrictions of debt collection under a notary’s writ of execution in a state of martial law, as well as outline the approaches of judicial practice to this category of disputes.

1. The legal nature of a notary’s writ of execution and its advantages over debt collection through the courts

An enforcement order is a document certifying the creditor’s right to collect monetary amounts or return property without going to court. It is issued by a notary on the basis of documents submitted by the creditor confirming the indisputability of the debt.

A notary’s writ of execution has several advantages over court proceedings:

Speed of the procedure: on average, it takes a few days for a notary to review the documents, while court proceedings can take years.

Minimal costs: no court fees are required, and costs are limited to notary fees.

Procedural simplicity: there is no need to go through multiple instances or wait for a decision to open proceedings.

Effectiveness in cases of undisputed debts: when the contract contains clearly defined terms.

Instrument of pressure: in many cases, the very fact of opening enforcement proceedings under an enforcement order prompts the debtor to voluntarily settle the dispute.

At the same time, the notary acts within the sphere of undisputed jurisdiction and does not establish the rights or obligations of the parties to the legal relationship, does not recognize or change them, and does not decide on the merits of legal issues.

Therefore, an enforcement order issued by a notary does not give the claimant the right to collect money or demand property from the debtor, but confirms that such a right arose earlier.

The purpose of an enforcement order is to enable the claimant to exercise their right to enforce the debtor’s obligation out of court.

At the same time, it should be remembered that the effectiveness of this institution directly depends on compliance with formal requirements, in particular confirmation of the indisputability of the debt and proper documentation.

2. Impact of martial law on enforcement procedures

With the onset of martial law, the legislature introduced a number of restrictions aimed at ensuring social protection of the population and maintaining economic stability. In particular:

 – NBU Resolution No. 18 of 24 February 2022 introduced restrictions on the enforcement of foreign currency loans;

 – In certain cases, moratoriums were introduced on forced evictions or foreclosure on residential mortgages;

 – Law No. 2120-IX (on the specifics of fulfilling obligations during martial law) was adopted, limiting the debtor’s liability in the event of inability to fulfill obligations due to force majeure circumstances.

 – Amendments to the Civil Code of Ukraine were adopted, which cancel the accrual of annual interest, inflation costs, and penalties for late payment of credit obligations.

3. Impact of martial law on enforcement procedures

With the onset of martial law, the legislature introduced a number of restrictions aimed at ensuring social protection of the population and maintaining economic stability. In particular:

 – NBU Resolution No. 18 of 24 February 2022 introduced restrictions on the enforcement of foreign currency loans;

 – In certain cases, moratoriums were introduced on forced evictions or foreclosure on residential mortgages;

 – Law No. 2120-IX (on the specifics of fulfilling obligations during martial law) was adopted, limiting the debtor’s liability in the event of inability to fulfill obligations due to force majeure circumstances.

 – Amendments to the Civil Code of Ukraine were adopted, which cancel the accrual of annual interest, inflation costs, and penalties for late payment of credit obligations.

4. Conditions for obtaining a notary’s writ of execution

In order to obtain a writ of execution, the creditor must comply with a number of conditions established by law, confirming the existence and indisputability of the debt. A notary is not a judicial authority and does not examine the merits of the dispute, but must verify the formal compliance of the submitted documents with the established requirements.

The main conditions for issuing an enforcement order are as follows:

 i. Existence of undisputed debt

The creditor’s claim must be undisputed, i.e., not contested by the debtor. The law does not provide for the possibility of issuing an enforcement order if there is a dispute or doubt regarding the legal basis or amount of the debt.

 ii. Submission of the proper set of documents

According to Resolution No. 1172 of the Cabinet of Ministers of Ukraine dated June 29, 1999, in order to obtain an enforcement order, the creditor must submit:

 – the original notarized agreement confirming the obligation;

 – documents proving the debtor’s failure to fulfill the obligation (account statement, acts, debt calculation);

 – a written notice to the debtor about the existence of the debt and a request to repay it voluntarily. The debtor’s interests are taken into account by sending the request.

 iii. Compliance with the deadlines for filing a claim

An enforcement order may be issued no later than three years from the date on which the right to enforcement arose, unless otherwise provided by law or contract.

 iv. Presence of a clause in the contract (not mandatory, but desirable)

If the contract expressly provides for the possibility of debt collection through an enforcement order, this strengthens the creditor’s legal position.

 v. Absence of an open legal dispute regarding the subject matter of the claim

If, at the time of applying to a notary, there is an open legal dispute between the same parties regarding the same obligations, the notary must refuse to issue the writ.

5. Current problems and abuses during martial law

Despite restrictions, there is still a tendency to improperly execute writs of execution. This gives rise to a number of problems:

 – Improper notification of the debtor about the claims and the indisputability of the debt;

 – Issuance of enforcement orders for loans that are not notarized;

 – Collection of funds from individuals who are participants in hostilities;

 – Lack of effective administrative control over notarial practice in wartime.

6. Court practice in 2022–2025

Courts are actively responding to violations accompanying the execution of enforcement orders during martial law. An analysis of court practice shows:

 – The predominant cancellation of writs in cases of violation of the principle of indisputability of the claim or notarization of the agreement;

 – Separate decisions of the Supreme Court detailing the criteria for the admissibility of enforcement writs during wartime (e.g., regarding foreign currency loans or mortgage agreements).

7. Protection of the debtor’s rights

The debtor has a number of legal instruments to protect their rights:

 – Filing a lawsuit to declare the enforcement order unenforceable (in separate proceedings);

 – Filing a motion to suspend enforcement proceedings (if there are valid reasons);

 – Filing a complaint against the actions of a private enforcement agent with the Ministry of Justice of Ukraine.

8. Conclusions and recommendations

During martial law, a notary’s writ of execution remains a valid mechanism for debt collection, but its application requires increased legal caution. Creditors should take into account:

 – the current status of the debtor;

 – the prohibition on the collection of penalties, inflation costs, and annual interest;

 – proper documentation of the indisputability of the debt and the existence of a notarized agreement;

Debtors, in turn, should respond to enforcement actions in a timely manner and use procedural means of protection.

05.11.2025