Complaint about cancellation of the decision of the state executor

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Complaint about cancellation of the decision of the state executor

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In the field of executive proceedings, one of the key procedures is the issuance of a resolution by the state executive. However, sometimes there is a situation when the party to whom this resolution is directed considers it illegal. In such cases, she has the right to apply to the court for annulment of this resolution. Experts of our law firm "Prykhodko and Partners" will help to do everything competently and efficiently.

What is the resolution of the state executive?

The decree of the state executor is an official decision that is issued in executive proceedings regarding enforcement measures against the debtor's property. This can be an option to seize property, carry out an assessment or other actions aimed at ensuring the execution of an executive document.

Grounds for applying for annulment of the resolution

According to Article 447 of the Civil Procedure Code of Ukraine, the resolution of the state executive may be canceled in the event of the following signs:

  1. Illegality. If the decision of the state executor is issued in violation of the legislation or without proper grounds established by the relevant normative legal acts.
  2. Non-compliance with the requirements of the law. If the specified resolution does not comply with the current legislation, including requirements regarding procedural norms and legal order.
  3. Violation of the procedural rights of the parties. This may include failure to ensure the right to defense, violation of the right to a reasoned decision and other procedural guarantees.
  4. Insufficient grounds for making a decision. If the factual circumstances of the case do not confirm or justify the issuance of such a resolution.
  5. Objective circumstances that arose after the issuance of the resolution. If the circumstances of the case have changed or the conditions justifying the annulment of the resolution have been met.
  6. Other violations or shortcomings that may be revealed as a result of case analysis and court proceedings.

According to the above-mentioned signs, the court may decide to cancel the decision of the state executive, if one or more of the specified grounds are proved. The court decision is mostly based on an objective analysis of the facts and compliance with the law, with the aim of ensuring justice and protecting the rights of the participants in the enforcement proceedings.

Court appeal procedure

Appealing to the court with a complaint about the annulment of the decision of the state executive requires compliance with a certain procedure:

  1. Preparation of the complaint. The party must prepare a complaint in which the grounds for annulment of the resolution and requirements for its annulment are clearly formulated.
  2. Submission to court. The complaint together with the necessary documents is submitted to the competent judicial body.
  3. Judicial proceedings. The court considers the case in accordance with the established procedure, monitors all the evidence and arguments of the parties and makes an appropriate decision.
  4. Judgment. Depending on the circumstances of the case, the court may decide to cancel the decision of the state executive or refuse to satisfy the complaint.

Final thoughts

A complaint about recognition of an executive decision as illegal is an important tool for protecting the rights of the parties in executive proceedings. It provides an opportunity to review and defend one's interests in cases where the decision appears to be illegal or unfounded. A clear knowledge of the law and the procedure for applying to the court is the key to successfully protecting your rights in this area.

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