Kyiv Appeals Court granted the appeal of Garo Anna and adopted a new decision, in which the requirement for the recovery of significant amounts of debt to pay unpaid child support and fines were full denied. It was managed to convince the judges that:
– it should be at least existence of State Executive calculation of the amount to impose penalties,;
– it powers of State Executive, not of the court;
– recovery of arrears of alimony is unlawful because the dual responsibility is imposed on the debtor and the court decision on the amount of maintenance is given to enforcement;
– State Executive must exercise their powers and perform appropriate enforcement action under the Ukrainian Law “On Enforcement Proceedings”;
– the applied method of calculating fines was incorrect and contrary to the essence of monthly alimony obligation (confirmation were given in legal position of the Supreme Court of Ukraine (from June 1, 2016 in case number 6-535tss16, on 16 March 2016 in case number 6-300tss16, 01 July 2015 in case number 6-94tss15, on 16 December 2015 in the case 6-2696tss15 number, etc.).