See more
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.
