Publication date: 17.05.2024
"The procedure for appealing decisions and actions of executive proceedings in Ukraine: procedure and rights of citizens"
In the event of violations of rights, freedoms, and interests during enforcement proceedings, any individual has the right to appeal the decisions, actions, or inaction of a state executor. This process is clarified by the Ministry of Justice of Ukraine.
The procedure for appealing decisions, actions, or inaction of executors and officials of the state executive service bodies is defined by Article 74 of the Law of Ukraine "On Enforcement Proceedings."
Decisions, actions, or inaction of executors and officials of the state executive service regarding the enforcement of a court decision may be appealed by parties, other participants, and individuals to the court that issued the enforcement document, as provided by law.
How to appeal decisions, actions, or inaction of a private executor - explained by the Ministry of Justice
Decisions, actions, or inaction of executors and officials of the state executive service regarding the enforcement of decisions of other authorities (officials), including decisions of the state executor on the collection of enforcement fees, decisions of a private executor on the collection of the main reward, expenses of enforcement proceedings, and fines, can be appealed by parties, other participants, and individuals to the respective administrative court.
Additionally, creditors and other participants in enforcement proceedings (except for the debtor) may file a complaint about the decisions, actions, or inaction of a state executor to the head of the department directly supervising the state executor. Complaints about the decisions, actions, and inaction of the head of the department directly supervising the state executor may be submitted to the head of the higher-level state executive service body.You may be interested in the following articles: consultation with a lawyer, consultation with a lawyer, analysis of documents, legal analysis of the situation, written consultation, verification of documents by a lawyer, lawyers, documents, assistance of a lawyer online, a lawyer online, a legal opinion, a legal opinion of a lawyer, a lawyer online
According to Part 4 of Article 74 of the Law of Ukraine "On Enforcement Proceedings," a complaint in enforcement proceedings is filed exclusively in writing and must contain:
the name of the state executive service body to which it is submitted;
the full name (surname, first name, and patronymic) of the creditor and the debtor, their place of residence or stay (for individuals) or the location (for legal entities), as well as the name (surname, first name, and patronymic) of the representative of the party to the enforcement proceedings if the complaint is filed by a representative;
details of the enforcement document (type of document, name of the issuing authority, date of issue, and document number, its operative part);
the content of the contested decisions, actions, or inaction and reference to the violated law;
presentation of circumstances justifying the claims of the complainant;
signature of the complainant or their representative with the date of submission of the complaint.
Decisions and actions of the executor, officials of the state executive service regarding the enforcement of a court decision may be appealed within 10 working days from the day when the person became aware or should have become aware of the violation of their rights, freedoms, or legitimate interests. The executor's decision to postpone enforcement actions may be appealed within 3 working days from the day when the person became aware or should have become aware of the violation of their rights, freedoms, or legitimate interests.
