Constitutional Court: home of debtor can be entered by force

In a judgement made public on 2 June, the Constitutional Court [CCU] says bailiffs may get a court order to enter the home of a debtor in order to execute a writ.

Iryna Synyuhina (who appears to have the right to make a constitutional submission – translator) had approached the Court for clarification since in her opinion general jurisdiction courts treat Article 376 § 1 of the Criminal Procedure Code differently: some courts allow applications from bailiffs for a court order to enter a person’s home. Others reject such applications believing that in the context of this Article of the Code, enforcement of the court ruling on ensuring the law suit cannot be grounds for allowing an application for a court order to forcibly enter the home.

Iryna Synyuhina believes that as a result of unclear application by the courts of this Article of the Code her right to inviolability of residence, as set out in Article 30 § 1 of the Constitution was violated.

The new Law on Bailiff Proceedings does not allow bailiffs to evict people merely because they are in arrears, there needs to be a justified court ruling.