Publication date: 04.06.2024
lawyer, 23 years of experience in enforcement.
Article 74 of the Law of Ukraine "On Enforcement Proceedings" stipulates that the decision, action or inaction of the executor or officials of the state executor regarding the execution of a court order may be appealed by the parties, other participants or third parties participating in the case. the court that issued the executive document, all these bodies have the authority to do so, as stated in the law.
One of the most important requirements of an appeal is the time limit. In their absence, the court refuses to consider the complaint or lawsuit.
In accordance with the requirements of Article 449 of the Civil Code of Ukraine, a lawsuit may be filed:
* within the next 10 days, the person must find out or be informed about the violation of his rights or freedoms;
* within a three-day period from the day when it became known or should have become known about the violation, if the resolution on delaying execution of executive actions is contested. The deadline for submitting a complaint, missed for valid reasons, may be extended by the court.
The course of the procedural term begins on the next day after the corresponding calendar date or the occurrence of the event with which its beginning is connected (Article 123 of the Criminal Procedure Code of Ukraine).
According to Article 126 of the Civil Code of Ukraine, the right to challenge a claim is lost if the deadline for appealing it is missed.
In accordance with Article 74 of the Law of Ukraine "On Enforcement Proceedings", the ten-day period for appealing the decision, actions or inaction of the executor is established on the following grounds: the event that caused it, i.e. after the person has actually filed a complaint. recognized the violation of his rights and freedoms.
However, if the natural person had legal grounds for not filing a complaint against the decision, behavior or inaction of executors or officials of the state executive authority, then according to the rules of Article 449 of the Civil Code of Ukraine, the court may renew the contract if there is a legal reason for this.
A complaint for execution of executive actions is exclusively written and must contain the following components:
The name of the official body of the state executive power, which is responsible for its submission.
The full name (surname, first name and patronymic) of the debt collector and the debtor, their place of residence or stay (for individuals) or location (for legal entities), as well as the name (surname, first name, patronymic) of the representatives of the parties, participating in the enforcement proceedings, if they exist.
3) details of the executive document (type of document, name of the body that issued it, date of drawing up and number of the document, its operational part).
4) the content of disputes regarding decisions, actions or inaction and references to non-compliance with the law.
5) Statement of the circumstances by which the complainant substantiates his claims.
6) signature of the complainant or his representative certifying the date of filing the complaint.
An attempt to convince the court of the actions or inaction of executors and officials is a constitutional right of every citizen, which can be exercised within a certain time frame.
According to the first part of Article 74 of the Law of Ukraine "On Executive Proceedings", individuals have the right to appeal decisions, actions or inaction of managers and officials of internal affairs bodies regarding the execution of court decisions. This appeal may be submitted by the parties, other participants and persons to the court that issued the executive document, in the manner established by law.
The court's acceptance of a complaint or lawsuit for consideration depends on compliance with an important requirement regarding the term. Failure to comply with this requirement will result in the court rejecting the appeal.
According to Article 449 of the Civil Code of Ukraine, a person has the right to file a lawsuit in the following circumstances:
* within ten days from the moment when the person became aware or should have become aware of the violation of their rights or freedoms.
* Within a three-day period from the moment when the person learned or should have learned about the violation of his right, if he appeals the resolution on the postponement of executive actions. It is important to note that if there are good reasons for missing the deadline for filing a complaint, the court has the right to extend the deadline.
123 of the Criminal Procedure Code of Ukraine, the course of the procedural term begins either from the next day according to the corresponding calendar day, or from the moment of the occurrence of the event, which is connected with its beginning.
After the expiration of the term established by law or the court, the right to appeal the claim is lost in accordance with Article 126 of the Civil Code of Ukraine.
In accordance with Article 74 of the Law of Ukraine "On Enforcement Proceedings", the term for appealing the decision, actions or inaction of the executor begins the day after the event that caused them, that is, from the moment when the person became aware of the violation. on their rights and freedoms. This period lasts ten days.
If an individual misses the deadline for filing a complaint against the decision, actions or inaction of executors and officials of the state executive service for good reasons, the court may renew the complaint at the request of the applicant in accordance with the provisions of Article 449 of the Civil Code of Ukraine.
Certain requirements must be met when filing a complaint to executive proceedings:
1) the complaint must be submitted in writing and contain the name of the state executive service body to which it is submitted. In addition, the full names (surname, first name and patronymic) of both the debt collector and the debtor are indicated, indicating the place of residence or stay for individuals or the location for legal entities.
2) if the complaint is filed by a representative, it must also include the names (surname, first name, patronymic) of the representatives of the parties participating in the enforcement proceedings.
3) information about the executive document (type of document, authority that issued it, date of issue, document number, resolution section).
4) content of contested decisions, actions or inaction with reference to violations of the law.
5) The complainant provides a detailed description of the circumstances that support his claims.
6) The complainant or his representative signs the document indicating the date of filing the complaint.
Every citizen has a legal right to challenge the actions or inaction of executors and officials in court, and this right can be exercised within a certain time frame. The borzhnik in the specified matter can count on pre-trial dispute regulation, Judicial dispute regulation but if the parties do not reach an agreement on the amount of compensation, then judicial settlement of disputes is necessary to resolve the issue.
The legal service "Consultant" will select a lawyer or an attorney who will conduct a legal analysis of the situation, form an appropriate procedural document (application, statement of claim, petition, etc.), and also help in collecting the evidence base for the most effective resolution of the issue. Service specialists will accompany the process from the beginning to the execution of the court decision. They will also provide advice and help in solving such issues as: preparation of a settlement agreement with a creditor, removal of seizure from real estate and funds, Removal of attachment from real estate, bankruptcy of an individual, debt reduction, etc.
