Appealing the actions of a state enforcement officer

Appealing the actions of a state bailiff is a procedure that allows participants in enforcement proceedings to protect their rights if they have been violated as a result of decisions, resolutions or inaction of the enforcement service. For example, sometimes the bailiff may seize bank accounts without proper grounds or conduct an inventory of property in violation of the law. In such situations, the party to the enforcement proceedings has the right to apply to court to restore justice. According to the Law of Ukraine “On Enforcement Proceedings”, the decisions, actions or inaction of the bailiff may be appealed to the court that issued the relevant enforcement document. Quick reaction and correct actions on the part of the person allow to avoid losses, stop illegal actions and restore rights.

Who has the right to appeal the actions of the bailiff

A complaint against the actions or inaction of the state bailiff may be filed by participants in enforcement proceedings, as well as other persons, if they believe that their rights or interests have been violated.

According to Article 74 of the Law of Ukraine “On Enforcement Proceedings”:

“Decisions, actions or inaction of the state bailiff may be appealed by the parties to enforcement proceedings, as well as by other persons, if their rights and interests have been violated, to the court in accordance with the procedure established by law.”

However, the legislation establishes a different appeal procedure for different persons:

1. The debtor has the right to protect his rights exclusively by applying to the court.
2. Debtors and other participants in the proceedings may also file complaints with the head of the enforcement service in which the bailiff works.

“The decision, actions or inaction of the state bailiff may be appealed by the collector and other participants in the enforcement proceedings (except the debtor) to the head of the relevant state enforcement service body…”

This norm is also confirmed in the official explanation of the Ministry of Justice of Ukraine:

“The debtor does not have the right to file an administrative complaint against the actions of the state bailiff - only a lawsuit to the court. An administrative complaint is possible only for the collector or other persons participating in the proceedings.”

Thus, the current legislation provides for a differentiated procedure for protecting rights in enforcement proceedings.

Grounds for appealing the actions of the bailiff

An appeal should be initiated if the bailiff’s actions go beyond the law or violate the procedure:

1. Unlawful seizure of property or funds. For example, seizure of salary, pension, alimony or other property that cannot be collected according to the law. It is also illegal to seize all accounts simultaneously or without warning.
2. Violation of deadlines and procedures. The executor is obliged to promptly notify the debtor and the collector of his actions. If the notification was not made on time or was issued in violation of the procedure, this is a basis for an appeal.
3. Resolution without evidence. If the decision or resolution of the executor does not contain the necessary justification or is issued formally without checking the circumstances, this is also a legal basis for going to court.
4. Ignoring the appeals of the participants in the proceedings. If the executor does not respond to the statements or petitions of the debtor or the collector, violating their right to participate, such inaction should be appealed.

Such grounds should be described in detail in the complaint or statement of claim in order to convince the court of the illegality of the executor's actions.

Where and how to file a complaint

If you believe that a state enforcement officer has violated your rights, you have the right to file a written complaint. In most cases, it is filed with the court:

• If the enforcement officer is acting on the basis of a court decision, the complaint is filed with the same court that issued it.
• If the decision of another body (for example, a tax authority) is being enforced, you need to apply to the administrative court at the location of the enforcement service.

In some cases, the collector may also file a complaint with the head of the enforcement service department where the enforcement officer works.

Important about deadlines:

• The general deadline for filing a complaint is 10 business days from the moment you learned about the violation.
• In exceptional cases (for example, if the enforcement officer postponed enforcement actions) - only 3 business days.

If you miss these deadlines without a good reason, the court may refuse to consider the complaint.

What should be in the complaint:

1. The name of the court or body you are applying to.
2. Your contact details, the details of the other party (for example, the debtor or the collector).
3. Information about the enforcement document (its number, date, who issued it).
4. A detailed description of what the enforcement agent did or did not do, and why it is illegal.
5. References to the law and your requirements.
6. Copies of all important documents: resolutions, correspondence, receipts, etc.

If you file a complaint incorrectly, it may not be considered. To avoid mistakes, we recommend that you contact specialists who will help you with all the subtleties, requirements and procedural points.

Legal assistance in appealing the actions of a bailiff

If a state bailiff acts illegally or shows inaction - do not delay. Such situations often lead to the seizure of accounts, loss of property or delaying the case for months.

Our lawyers will help you:

• to figure out whether the bailiff's actions are legal;
• to properly prepare a complaint or lawsuit to the court;
• to collect all the evidence;
• to protect your interests in court.

We have extensive experience in enforcement proceedings and have already helped dozens of clients stop illegal actions or force the bailiff to fulfill their obligations.

Do not risk it - contact "Prіkhodko and Partners", and we will take on all the work.