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Publication date: 03.11.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
A court order in civil proceedings is a simplified form of a court decision that allows a creditor to collect a sum of money or other property from a debtor without conducting a full-fledged trial. The court order is based on the assumption that the creditor's claims are undisputed, so the procedure for issuing it is much faster and simpler than in the case of a lawsuit. The peculiarity of the court order is that it is issued on the basis of the creditor's application without summoning the debtor to court and without court debate. This allows you to effectively protect the rights of creditors in situations where the existence of debt is obvious or supported by clear documents, for example, in the case of unpaid alimony, arrears for utility services or credit obligations.
- Right to apply for annulment : The debtor has the right to apply for annulment of the court order. This right provides an opportunity to challenge the court decision in case of disagreement with the grounds or conditions of its issuance.
- Deadline for submitting an application: An application for the cancellation of a court order can be submitted within fifteen days from the date of delivery of a copy of the court order together with its attached documents. If this line is missed, as a general rule, the opportunity to submit an application may be lost, but it is possible to renew the deadline if it was missed for important reasons.
- Court to which the application is submitted: The application for the cancellation of the court order is submitted to the court that issued this order. This means that the appeal must be directed to the judicial institution that issued the specific court order.
- Exceptions to the right to rescission: It is important to note that under certain circumstances the rescission of a court order is not allowed, this applies to court orders on the collection of alimony on the basis of clauses 4 and 5 of part 1 of article 161 of the Code of Civil Procedure of Ukraine. Thus, in such cases, the debtor does not have the right to apply for cancellation of the order.
- Subjects who have the right to submit an application: The debtor, an application for the cancellation of a court order can also be submitted by bodies and persons who are granted the right to apply to the court in the interests of other persons. These can be guardianship and guardianship authorities, the prosecutor's office or other authorized representatives, if they act to protect the interests of other persons.
- Application form: An application for cancellation of a court order must be submitted in writing. This means that it must be prepared in accordance with the requirements for processing procedural documents and submitted in the form of a written appeal to the court.
This procedure allows the debtor and other authorized persons to challenge the court order, providing protection of rights and the possibility of reviewing the court decision.
Content of the application for cancellation of the court order:
The application for cancellation of the court order must be made in accordance with the requirements of the law and must contain the following elements:
- Name of the court: The full name of the court to which the application is submitted is indicated.
Information about the applicant and the debtor: For legal entities: full name, identification code in the Unified State Register.- For individuals: full name (surname, first name and patronymic), place of residence, registration number of the taxpayer's registration card (if available) or passport number and series (for citizens of Ukraine). If the interests of the parties are represented by representatives, their information is indicated in the application.
- Data on the disputed court order: Information about the court order, in respect of which an application for annulment is filed, is presented.
- Justification of the statement: It is indicated why the debt collector's demands are completely or partially unfounded.
- Signature: The application must be signed by the debtor or his representative.
The following are attached to the application:
- A document confirming the payment of the court fee.
- A document confirming the authority of the debtor's representative (if the application is by a representative).
- Petition to renew the missed deadline (if the deadline for submitting the application has been missed).
Question
What are the consequences of violating the requirements for the content of the application?
Answer
If the application is submitted to the court in violation of the requirements for its preparation, the court has the right to issue a decision on its return without consideration. In accordance with Article 170 of the Civil Procedure Code of Ukraine (CPC), the court must make such a decision within two days from the date of submission of the application to the court. The decision to return the application must be made in the form of a decision, which is sent to the applicant with an explanation of the reasons for the return. After eliminating the mentioned shortcomings, the applicant has the right to submit the application again, having fulfilled all the procedural requirements defined by the law. A lawyer advice will help you avoid mistakes when making an application.
The procedure for consideration of an application for cancellation of a court order
Here is a detailed description of the procedure for considering an application for cancellation of a court order under the Civil Procedure Code of Ukraine:
- Transfer of the application to the judge: After submitting the application for cancellation of the court order, it is submitted no later than the next day to the judge, who is determined in accordance with the procedure established by the Civil Procedure Code of Ukraine (CPC). This ensures a quick review of the application and does not delay the decision-making process.
- Return of the application in case of missing the deadline: If the application is submitted after the expiration of the established period (15 days from the moment of delivery of the court order), the court has the right to return it to the applicant. However, if the person who submitted the application simultaneously submits a request for renewal of the missed deadline, the court will check the presence of justified reasons for its renewal. If the court finds grounds for extending the term, the application is accepted for consideration. If the court finds no grounds for extending the term, the application is returned to the applicant without consideration of the merits.
- Decision to cancel the court order: If the application is filed on time or the court has extended the deadline, and there are no other reasons for its return (for example, improper registration), the judge must make a decision to cancel the court order. This decision is issued no later than two days after the application is submitted. In the decision to cancel the court order, the judge must explain to the applicant (collector) his right to apply to the court with the same requirements in the order of simplified legal proceedings. This means that the debt collector can file a lawsuit to resolve the dispute, which will be the subject of a full-fledged trial with a summons of the parties.
Question
When can the execution of a court order be turned around?
Answer
Reversal of execution of a court order is a procedure that allows the parties to return to their original state after the cancellation of the court decision or order on the basis of which enforcement was carried out. In the case of cancellation of the court order, the debtor has the right to demand the return of property, cash or other assets that were levied in favor of the creditor during the execution of this order. The judge, making a decision on cancellation of the court order, decides on the issue of reversal of execution on the basis of the petition of the debtor. This means that any assets or funds that have been seized based on a court order can be returned to the debtor.
The application for cancellation of the court order is considered by the judge promptly, in order to ensure the protection of the debtor's rights. If the application is submitted on time or the court has extended the deadline for its submission, the judge makes a decision to cancel the court order and gives the debt collector the opportunity to file a claim in a simplified manner. If necessary, the court also decides on the return of already recovered funds or assets.
Lawyer services to cancel a court order:
The services of a lawyer to cancel a court order may include a set of actions aimed at protecting the rights and interests of the debtor. The main types of legal services:
Lawyer consultation and legal analysis of the situation: The first stage of the lawyer's work is to provide advice to the client, where he analyzes the circumstances of the case. A lawyer examines the details of the court order, including the grounds on which it was issued, and determines whether there are sufficient grounds to overturn it. Lawyers online will check whether the application was submitted within 15 days from the moment of delivery of a copy of the court order. If the deadline is missed, the lawyer helps to prepare a request for its renewal by collecting the necessary documents that justify valid reasons.
Lawyer's assistance in preparing an application for annulment of a court order: A lawyer prepares an application for annulment of a court order, complying with all requirements of the Civil Procedure Code of Ukraine (CPC). The statement must clearly state the circumstances that indicate the illegality or groundlessness of the debt collector's demands, and indicate why the debtor considers the court order to be groundless. The lawyer also prepares additional documents (in particular, documents for renewing the application deadline, if necessary).
Court proceedings: Once an application is filed, a lawyer can control its processing in court, ensuring that the case is quickly transferred to a judge determined by the court's automated system. In case of refusal to cancel: the lawyer can prepare an objection or an appeal against the court's decision if he believes that the refusal to cancel the court order was wrongful or unreasonable.
The lawyer help the client at all stages of the case, providing necessary consultations and informing about all changes. Until the end of the case, the lawyer monitors the execution of the decision to cancel the order and, if necessary, initiates a reversal of execution. Legal services in the event of cancellation of a court order allow you to avoid the risk of incorrect documentation and missing deadlines, as well as provide professional protection of the debtor's rights in the court process.
