Publication date: 05.06.2024
lawyer, 23 years of experience in enforcement.
This right is exercised in accordance with Article 74 of the Law of Ukraine "On Executive Proceedings". No. 1404.
The parties, other participants and persons of the court that issued the executive document have the right to appeal the decision, actions or inaction of the executor regarding the execution of the court decision in the manner established by law.
The parties, other participants and natural persons have the right to appeal the decision, actions or inaction of the executor in the implementation of decisions made by other bodies, as well as the decision of a private executor to collect the main fee, executive proceedings. court costs and fines to the relevant administrative court.
In the event that the decisions and actions of the executor regarding the execution of the court decision are recognized as unsatisfactory, it is provided for the filing of an appeal within 10 working days from the moment when the person became or should have learned about the violation. their rights, freedoms or legitimate interests. Likewise, in the event that the executor makes a decision to postpone the implementation of executive actions, an appeal may be filed within 3 working days from the moment when the person learned or should have learned about the violation of his rights, freedoms, or legitimate interests.
In addition, it is important to inform that in accordance with Article 35 of the Law of Ukraine "On Bodies and Persons Enforcing Enforcement of Court Decisions and Decisions of Other Bodies" (hereinafter - Law No. 1403), the Council of Private Enforcement Officers of Ukraine, at the request of a participant in enforcement proceedings, has the right to verification of the activities of a private contractor for compliance with the following criteria:
- - The Association of Private Performers of Ukraine operates by statute.
- - Code of professional ethics, which regulates the behavior of a private contractor.
- - The activities of private executors in Ukraine are affected by decisions made by the Council of Private Executors of Ukraine and the Congress of Private Executors of Ukraine.
To check the activity of a private executor in Ukraine, the Council of Private Executors initiates an inspection by sending a written request to the executor. In this case, the executor is obliged to provide the Council with clarifications and copies of relevant documents within 15 calendar days from the date of receipt of the request.
The Council of Private Executors of Ukraine is obliged to review submitted materials for signs of disciplinary misconduct within 30 working days from the date of receipt or expectation of the private executor's explanation. In case of failure to provide explanations, the Council must make a decision to submit a disciplinary complaint against the private contractor to the Disciplinary Commission.
It is important to emphasize that, as stated in Article 34 of Law No. 1403, control over the activities of private executors is entrusted to the Ministry of Justice of Ukraine. In the first section of the mentioned article, it is stated that the Ministry exercises control over the activities of private contractors by carrying out both planned and unplanned inspections in accordance with the instructions determined by the Ministry of Justice of Ukraine.
It is worth noting that according to subsection 3 of clause 61 of Chapter IV "Final and Transitional Provisions" of Law No. 1403, the Ministry of Justice is not entrusted with the Ministry of Justice to conduct scheduled and unscheduled inspections of private contractors during the period of martial law in Ukraine. , as set out in the Law of Ukraine "On the Legal Regime of Martial Law". But if an unscheduled inspection of a private executor was not conducted on the day martial law was introduced, then the Ministry of Justice conducts such an inspection in accordance with the established procedure based on a written statement of a participant in executive proceedings regarding decision-making. , actions or inaction of a private executor, after the suspension or cancellation of martial law.
After the abolition of martial law, citizens have the opportunity to file a complaint with the Ministry of Justice with the requirement to conduct a thorough review of the actions of the private contractor and take appropriate measures to restore their rights.
During the period of martial law in Ukraine, it is important to note that the activity of a private contractor may be temporarily suspended for a period of up to one month. Such a suspension is possible only by order of the Ministry of Justice of Ukraine at the request of the head of the relevant unit that ensures the implementation of state policy in the field of enforcement of decisions. In addition, this order must be approved by at least five members of the disciplinary commission and be based on the discovery of significant violations of the law in the field of enforcement of decisions during the performance of professional duties by a private executor.
In addition, in the case of the introduction of martial law in Ukraine, if the resolution or procedural document issued by a private executor in executive proceedings contradicts the requirements of the law regarding the enforcement of the decision, it may be declared invalid at the request of a participant in the executive proceedings or a natural person. whose rights were violated. Such cancellation may be carried out by the head of the structural subdivision of the Ministry of Justice of Ukraine, responsible for the execution of the decision, or by his authorized person, if there is no information about a court proceeding between the same parties on the same subject and basis.
Section V of the Procedure for Inspections of State Executive Service Bodies and Private Executors, approved by the Order of the Ministry of Justice of Ukraine on October 22, 2018 (Order No. 3284/5), defines separate measures to verify compliance by private executors with the law during the enforcement of decisions during the execution of professional duties under martial law.
According to Clause 1 of Chapter V of this Procedure, during the period of martial law, the verification of compliance by a private executor with the requirements of the law during the performance of his professional duties is entrusted to the department that ensures the implementation of state policy in the field of enforcement of decisions. This check is carried out on the basis of information obtained from the automated system of executive proceedings.
In addition, it is important to emphasize that according to paragraph 102 of Chapter XIII of Law No. 1404, which has a separate title "Final and Transitional Provisions", there is a provision that gives private executors the power to cancel their own resolutions or other procedural documents. (or its parts), issued during enforcement proceedings in Ukraine. This right can be exercised at the request of a person participating in enforcement proceedings, or at the request of a private executor if there are good and justified reasons.
Legal service "Consultant" provides all types of legal services, including online legal services. Specialists of our service will make a legal analysis of the situation for the rehabilitation procedure and help collect the necessary documents and, if necessary, accompany the court proceedings.
