Vasyuta Dmytro

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Case: Enforcement proceedings for UAH 4,800,000 were canceled and the client’s property was protected

Commercial law
Reading time: 4 min.

Service: Challenging the Actions of a State Enforcement Officer

Client’s Situation

A client approached the law firm “Prikhodko & Partners” after a state enforcement officer initiated enforcement proceedings against them in the amount of UAH 4,800,000.

The basis for compulsory enforcement was a resolution of the State Agency of Ukraine PlayCity concerning the recovery of debt and a financial sanction (fine).

For the client, the initiation of such enforcement proceedings created serious financial and property-related risks.

The situation was further complicated by the fact that:

  • the amount to be recovered was UAH 4,800,000;
  • the state enforcement officer had already initiated enforcement proceedings;
  • there was a risk that compulsory enforcement measures could be applied;
  • the client’s accounts and property could be at risk;
  • in order to protect the client’s rights, it was necessary to challenge the lawfulness of the state enforcement officer’s actions in court.

That is why the client sought professional legal assistance to challenge the initiation of the enforcement proceedings and prevent unlawful compulsory recovery.

What Did We Do?

1. Conducted a Legal Analysis of the Enforcement Proceedings

  1. We analyzed the resolution initiating the enforcement proceedings,
  2. reviewed the document on the basis of which compulsory enforcement had been commenced,
  3. examined whether the state enforcement officer had complied with the procedure established by law,
  4. identified procedural violations and developed a legal defense strategy.

This made it possible to establish legal grounds for challenging the state enforcement officer’s resolution.

2. Challenged the Initiation of the Enforcement Proceedings

We prepared a legal position regarding the unlawfulness of initiating the enforcement proceedings and applied to the court to protect the client’s interests.

As part of the case, we:

  • substantiated violations of the procedure for initiating enforcement proceedings;
  • analyzed whether the enforcement officer’s actions complied with the requirements of the law;
  • submitted the necessary evidence and legal arguments to the court;
  • requested that the resolution be declared unlawful and cancelled.

3. Continued Protecting the Client in the Court of Appeal

The case reached the Sixth Administrative Court of Appeal.

Our team:

  • prepared an appeal;
  • provided detailed arguments demonstrating the errors in the previous court decision;
  • proved that there were grounds to cancel the state enforcement officer’s resolution;
  • defended the client’s interests during the appellate review.

4. Secured the Cancellation of the First-Instance Court Decision

The appellate court agreed with the arguments presented by the defense.

The decision of the Kyiv District Administrative Court, which had not supported the client’s position, was cancelled.

The appellate court instead adopted a new decision in favor of the client.

5. Secured the Cancellation of the Resolution Initiating Enforcement Proceedings

As a result of the court proceedings, the court:

  • declared the state enforcement officer’s resolution unlawful;
  • cancelled the resolution initiating the enforcement proceedings;
  • confirmed that the client’s legal position was well-founded.

Thus, the enforcement proceedings concerning the compulsory recovery of UAH 4,800,000 were successfully challenged.

Result

  • The resolution initiating enforcement proceedings was cancelled
  • Amount of the enforcement proceedings — UAH 4,800,000
  • The actions of the state enforcement officer were declared unlawful
  • The first-instance court decision was cancelled
  • The appellate court fully supported the client’s position

The client obtained a court decision protecting them from the unlawful compulsory enforcement of a resolution for UAH 4.8 million.

Photo Evidence of the Result

Key Takeaways from This Case

  • The initiation of enforcement proceedings is not necessarily the final outcome

If a state enforcement officer violates the required procedure or initiates proceedings without proper legal grounds, the resolution can be challenged in court.

  • Even a first-instance court decision can be overturned

If the court of first instance does not support the debtor’s position, this does not mean the case is over. A properly prepared appeal can fundamentally change the outcome.

  • Enforcement proceedings involving millions of hryvnias require an immediate response

Any delay may result in the application of compulsory enforcement measures, so the lawfulness of the enforcement officer’s actions should be analyzed immediately after receiving the resolution.

Unlawful Actions of a State Enforcement Officer Can Be Challenged

The existence of a resolution initiating enforcement proceedings does not deprive a person of the right to legal protection. A detailed analysis of the documents, procedural deadlines, and the enforcement officer’s actions makes it possible to identify violations and use them to protect the client’s property interests.

This case demonstrates that even enforcement proceedings involving UAH 4.8 million can be successfully challenged if the state enforcement officer has committed procedural violations. Our team secured the cancellation of the first-instance court decision, had the state enforcement officer’s resolution declared unlawful, and achieved its cancellation. If enforcement proceedings have been initiated against you or your business, complete the form below so we can analyze your situation.

Calculate the cost of services
1 question

Enforcement proceedings have already been opened against you?

Yes
No
2 question

Have your accounts or property already been seized?

Yes
No
3 question

The amount of the collection exceeds UAH 200,000.

Yes
No
4 question

Do you need to urgently challenge the actions of the state bailiff?

Yes
No
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