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Publication date: 17.05.2024
HOW TO APPEAL THE DECISIONS, ACTIONS OR INACTION OF A PRIVATE CONTRACTOR — MINISTRY OF JUSTICE
Appealing decisions and actions of private executors: what you need to know
The right to appeal decisions, actions or inaction of private executors in executive proceedings is an important mechanism for protecting the rights, freedoms and legitimate interests of the participants in this process. The Ministry of Justice of Ukraine found out exactly how this right can be used.
Pursuant to Article 74 of the Law of Ukraine "On Enforcement Proceedings" (Law No. 1404), decisions, actions or inaction of executors may be appealed by the parties, other participants or persons to the court that issued the enforcement document, in accordance with the procedure established by law.
Challenging executive actions before the court
Decisions, actions or inaction of a private executor regarding the execution of a court decision may be appealed directly to the court that issued the executive document. This provides an opportunity to apply to the competent authority for the purpose of review and resolution of conflicts arising during enforcement proceedings.
Appealing bankruptcy judgments
In the event of bankruptcy proceedings, the interested party may appeal the decision, actions or inaction of the executor before the relevant administrative court. This is an important aspect to ensure justice and protect the interests of the participants in the process.
Appeal deadlines and procedures
According to the current legislation, appeals against decisions of the executor and their postponement are possible within the established terms.In particular, appeals against decisions and actions of the executor regarding the execution of a court decision can be made within 10 working days from the moment of discovery of a violation of rights or interests.
Verification of the activities of private contractors
The Law of Ukraine "On Bodies and Persons Carrying Out Enforcement of Court Decisions and Decisions of Other Bodies" gives the Council of Private Enforcement Officers of Ukraine the right to inspect the activities of private enforcement officers. This is an important initiative to ensure compliance with standards and professional ethics in this field.
Final thoughts
The right to appeal the decisions and actions of private actors is an important mechanism for protecting the rights and interests of citizens and enterprises. Adherence to the established procedures and terms of appeal helps to ensure the fairness and efficiency of executive proceedings.You may be interested in the following articles: lawyer consultation, lawyer consultation, analysis of documents, legal analysis of the situation, written consultation, verification of documents by a lawyer, lawyers, documents, lawyer's assistance online, lawyer online, legal opinion, legal opinion of a lawyer, lawyer online
In addition, we inform you that in accordance with Article 35 of the Law of Ukraine "On Bodies and Persons Carrying Out Enforcement of Court Decisions and Decisions of Other Bodies" (hereinafter - Law No. 1403), the Council of Private Enforcement Officers of Ukraine has the right, at the request of a participant in enforcement proceedings, to conduct an audit of activities private executor for compliance with:
the statute of the Association of Private Performers of Ukraine;
the Code of Professional Ethics of a Private Contractor;
decisions of the Council of Private Executors of Ukraine and the Congress of Private Executors of Ukraine related to the activities of private executors.
Verification by the Council of Private Executors of Ukraine of the activity of a private executor is carried out by sending a written request to the private executor within the scope of the audit. Within 15 calendar days from the day of receiving the request, the private executor is obliged to provide the Council of Private Executors of Ukraine with an explanation and copies of relevant documents.The Council of Private Executors of Ukraine is obliged within 30 working days from the date of receipt of the explanations of the private executor or the time when such explanations should have been received, in the event of their non-provision, to review the submitted materials for signs of disciplinary misconduct and to resolve the issue of bringing private executors to the Disciplinary Commission a submission on bringing a private executor to disciplinary responsibility.
