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Publication date: 23.04.2024
lawyer, 23 years of experience in enforcement.
Enforcement proceedings as the final stage of court proceedings and enforcement of court decisions and decisions of other bodies (officials) (hereinafter - decisions) - a set of actions of bodies and persons defined in the Law, aimed at the enforcement of decisions and carried out on the grounds, within the limits of powers and in the manner determined by the Constitution of Ukraine, the Law, other laws and regulatory acts adopted in accordance with this Law, as well as decisions that are subject to enforcement in accordance with this Law
To date, the bodies of the state executive service have a significant number of executive documents pending execution, and in connection with this, state executives quite often allow violations of the rights of participants in executive proceedings. Quite often, situations arise in which it is extremely difficult to get in touch with government officials, and therefore it is very difficult to protect or restore one's violated right.
In order to restore and protect the rights of participants in executive proceedings and persons whose rights were violated during the execution of executive proceedings, Article 74 of the Criminal Code "On Executive Proceedings" provides for a general procedure for appealing such acts.
In the execution of executive documents issued on the basis of court decisions, the actions or inaction of state executors, officials of state executive service bodies, as well as private executors may be appealed to the court that issued the executive document.
In the execution of decisions of other bodies (officials), including resolutions of the state executor on the collection of an executive fee, resolutions of a private executor on the collection of the main remuneration, costs of executive proceedings and fines, decisions, actions or inaction of the executor, officials of the state executive service and private executors may be appealed by the parties, other participants and persons are appealed to the relevant administrative court, in accordance with the procedure established by the Code of Administrative Procedure of Ukraine.
The procedure for judicial appeal of the decision, actions (actions or inaction) of the executor is determined by articles 383 - 389 of the Civil Procedure Code (CPC) of Ukraine, Art. 1212 of the Commercial Code of Procedure (CPC) of Ukraine and Art. 181 of the Code of Administrative Procedure (CAC) of Ukraine.
In addition to a court appeal, actions or inaction of executors may be appealed to the head of the department to which the state executor is directly subordinate.
Decisions, actions and inaction of the head of the department, to which the state executive is directly subordinated, may be appealed to the head of the higher-level state executive service body. Decisions, actions or inaction of the state executor may also be appealed by the debt collector and other participants in the enforcement proceedings (except the debtor).
The head of the department to which the state executive is directly subordinate, when exercising control over the decisions and actions of the state executive during the execution of decisions, has the right, if they contradict the requirements of the law, by his resolution to cancel the resolution or other procedural document (or part thereof) issued in the executive proceedings by the state executor, to oblige the state executor to carry out executive actions in accordance with the procedure established by the Legislation, and thus to restore the violated right.
The debtor under enforcement proceedings has the right to complain exclusively in court. However, I would like to draw your attention to the fact that if you receive the qualified legal services of a lawyer and make a legal analysis of the situation, it is possible to protect your right without even starting a lawsuit. Such services of a lawyer can also be obtained online, which will save time and money.
