AUTOMATED SEIZURE OF FUNDS AND DEBT WRITEOFF: BALANCE OF EFFICIENCY AND HUMAN RIGHTS PROTECTION

Abstract

The article provides a comprehensive analysis of Draft Law No. 14005, which envisages the digital transformation of enforcement proceedings in Ukraine. The mechanisms of full automation of the processes of seizure of funds and removal of restrictions without human participation are investigated.

The author focuses on the problems of integrating the Unified Register of Debtors with banking systems and the "Diia" application, as well as on the risks of human rights violations due to technical errors ("false positive").

Enforcement proceedings in Ukraine are undergoing fundamental changes due to the need to fulfill obligations to the European Union within the Ukraine Facility instrument. Draft Law No. 14005 proposes a transition from "paper" enforcement to the E-enforcement model, where automated interaction of registers plays a key role. This allows speeding up the execution of court decisions but creates new challenges for the protection of property rights.

Particular attention is paid to the analysis of the conclusions of the relevant committees of the Verkhovna Rada of Ukraine, which point to conflicts between the rules on automatic removal of seizure and legislation on banking secrecy. The threats of "blind" blocking of assets and the lack of an effective mechanism for quickly appealing the actions of the automated system are considered.

It is concluded that the digitalization of enforcement proceedings is an inevitable stage in the development of the legal system, but it must be accompanied by the introduction of safeguards against arbitrary interference of algorithms in the property rights of citizens. Ways to improve the draft law to achieve a balance between the speed of debt collection and guarantees of human rights are proposed.