Consultant

Legal consultations 24/7

Open
image

The procedure for appealing the actions of the state executor on the seizure of property

Greetings 👋

My name is Alexander, I am your personal manager. Let me help you!

image
image
PRO 71.49
advertisement
Sobianina Olena
Sobianina Olena
Lawyer
Ukraine / Odesa Oblast

i

Reading time: 7 minutes Total views: 86
Rate:
0
Publication date: 22.05.2024

lawyer, 23 years of experience in enforcement.

The procedure for appealing the actions of the state executor on the seizure of property

 

In accordance with Part 5 of Art. 74 of the Law of Ukraine "On Executive Proceedings", decisions and actions of the executor, officials of the state executive service regarding the execution of the court decision may be appealed within 10 working days from the day when the person learned or should have learned about the violation of his rights, freedoms or legitimate interests. The executor's decision to postpone enforcement actions may be appealed within three working days from the day when the person learned or should have learned about the violation of his rights, freedoms, or legitimate interests.                                  

In accordance with Part 1 of Art. 74 of the Law of Ukraine "On Executive Proceedings", the decision, actions or inaction of the executor and officials of the state executive service regarding the execution of the court decision may be appealed by the parties, other participants and persons to the court that issued the executive document, in the manner prescribed by law.                                                                                                  
 Part 3 of Art. 74 of the Law establishes the possibility of appeal to the head of the department to which the state executive is directly subordinate, but usually such appeals are ineffective.

 

According to the requirements of Part 4 of Art. 74 of the Law, a complaint in executive proceedings is submitted exclusively in writing and must contain: 

                                                                                           
1) name of the state executive service body to which it is submitted;
2) the full name (surname, first name and patronymic) and the debtor, their place of residence or stay (for individuals) or location (for legal entities), as well as the name (surname, first name and patronymic) of the representative of the party executive proceedings, if the complaint is filed by a representative;
3) details of the executive document (type of document, name of the body that issued it, date of issue and number of the document, its operative part);
4) the content of contested decisions, actions or inactions and references to the violated legal norm;
5) setting out the circumstances by which the complainant substantiates his claims;
6) signature of the complainant or his representative indicating the date of filing the complaint.


The justification of the complaint will depend on the factual circumstances of the particular case.

The court can leave the complaint unsatisfied or satisfy it.                                          

According to Part 5 of Art. 13 of the Law, the resolution on the removal of the seizure is issued by the executor no later than the next working day after receiving the court decision.

According to Art. 9 of the Law, information about the debtor is excluded from the Unified register of debtors simultaneously with the issuance of a resolution on the end of enforcement proceedings, or at the request of a party, if there are grounds.       

                                         

A lawyer or attorney of the Legal Service "Consultant" will help to solve the issue of removing the arrest by means of pre-trial dispute regulation and judicial dispute regulation, and sometimes even achieve debt reduction. Specialists of our service will advise and help in solving such issues as the Preparation of amicable settlement with the creditor , removal of the seizure from real estate, bankruptcy of an individual, Protection from collections, etc.

image
Calculate

Service cost

  • Do you need a military lawyer or attorney?
  • Have you previously sought legal assistance?
  • Is your question related to documents or contracts?
  • Do you plan to go to court in the near future?
  • Do you need legal support for a transaction (purchase, rent, etc.)?
  • Do you have official documents related to your issue?
image
Top 10

PRO consultants

All consultants
PREMIUM 75.57 Топ 1
image

Studentsov Alexander Oleksandrovich

Lawyer Ukraine / Kyiv
і
PREMIUM 68.29 Топ 2
image

Grytsai Mykola Igorovich

Lawyer Ukraine / Kyiv
і
PREMIUM 59.97 Топ 3
image

Borevych Mariia

Lawyer Ukraine / Kyiv
і
PREMIUM 55.61 Топ 4
image

Одинцова Валерія

Lawyer Ukraine / Kyiv
і
PREMIUM 52.7 Топ 5
image

Baladyha Serhiy

Lawyer Ukraine / Kyiv
і
PREMIUM 51.51 Топ 6
image

Makeev Dmitry Vyacheslavovich

Lawyer Ukraine / Kremenchuk
і
PREMIUM 48.39 Топ 7
image

Khyzhavska Olesia Yaroslavivna

Lawyer Ukraine / Khmelnytskyi Oblast
і
PREMIUM 39.14 Топ 8
image

Миколаєнко Олена

Lawyer Ukraine / Kyiv
і
PREMIUM 38.97 Топ 9
image

Molchanov Oleg Viktorovich

Attorney Ukraine / Kyiv
і
PREMIUM 37.47 Топ 10
image

Yulia Palagina Volodymyrivna

Lawyer Ukraine / Kharkiv Oblast
і

We verify each specialist who signs up for our service and ensure the high quality of our services.
CONSULTANT - is a clear and largest ranking of lawyers and attorneys so that everyone can choose the best specialist in the right place and at the right time.

The rating of lawyers is formed on the basis of positively completed orders, your feedback, ratings
and comments. The rating cannot be bought: it is formed exclusively by users. TTherefore, if you need services, advice or preparation of documents from the best lawyers and attorneys - you can confidently trust our specialists!

image

Cookies And Privacy

We use our own and third-party cookies to personalize content and to analyze web traffic.