Complaint against the actions of a private contractor

As statistics show, private enforcement officers in Ukraine do not always adhere to professional ethics, namely timeliness, efficiency, and completeness in carrying out specific enforcement actions. That is why it is important to know how to appeal the actions/inaction or decisions of a private enforcement officer. In this article, we will examine how to properly draft and submit such an important document as a complaint against the actions of a private enforcement officer.

Options for appealing the actions of a private enforcement officer

The lawyers of “Prikhodko & Partners” offer two options for appealing the actions of a private enforcement officer: out-of-court and judicial. Let us begin with the out-of-court option.

Participants in enforcement proceedings have the legal right to appeal decisions, actions/inaction of a private enforcement officer. To do this, it is necessary to apply to the Council of Private Enforcement Officers or the Ministry of Justice of Ukraine in order to initiate an inspection of the private enforcement officer’s activities.

Such an application may serve as grounds for conducting unscheduled inspections. In particular, inspections regarding compliance by the private enforcement officer with the Code of Professional Ethics, the Charter of the Association of Private Enforcement Officers of Ukraine, etc.

If signs of a disciplinary offense are identified during the inspections, a reasoned submission is made to bring the private enforcement officer to liability.

A disciplinary sanction is imposed within 2 months from the date the offense is detected (but no later than 2 years from the date it was committed).

Among the types of disciplinary sanctions most commonly applied are:

• Warning.
• Reprimand.
• Suspension of activity (for a period of up to 6 months).
• Termination of the private enforcement officer’s activity.

In case of judicial review, one should apply to an administrative court or to the court that issued the enforcement document regarding the execution of the court decision.

Please note: no court fee is charged for filing complaints against the actions/inaction of a private enforcement officer.

The time limits for appeal are:

• 10 working days from the moment when the person became aware of the violation of their lawful rights and interests in the course of enforcement of the court decision.
• 3 working days in case of appealing a decision of a private enforcement officer on postponing the conduct of relevant enforcement actions.

What actions of a private enforcement officer may be appealed?

A private enforcement officer carries out compulsory enforcement of court decisions and decisions of other authorities within the framework of the Law of Ukraine “On Enforcement Proceedings”. Although their activity is aimed at ensuring the actual execution of decisions, it must comply with the principles of legality, proportionality, and respect for the rights of the parties. In case of violations, the actions or inaction of a private enforcement officer may be appealed.

First of all, subject to appeal is the unlawful initiation of enforcement proceedings. For example, if the enforcement document was submitted in violation of the established time limits or does not meet the requirements of the law. Grounds for a complaint may also include issuing a resolution on the recovery of the enforcement fee or the main remuneration without proper legal grounds.

Actions related to the seizure of the debtor’s accounts and property are often appealed. If the seizure is imposed on funds that are not subject to recovery (wages within the guaranteed minimum, social benefits, etc.), such actions are unlawful. Similarly, the inventory and sale of property in violation of the procedure or without proper notification of the parties may also be subject to appeal.

The inaction of a private enforcement officer is also subject to appeal—for example, failure to take measures to search for the debtor’s property, ignoring applications or motions of the parties, or delaying enforcement actions. The claimant has the right to demand active and timely actions, while the debtor has the right to protection from excessive or disproportionate interference.

It is also possible to appeal resolutions on garnishment of income, determination of the value of property, transfer of property for sale, or termination of enforcement proceedings in violation of legal provisions.

A complaint may be filed with the court or with the Ministry of Justice of Ukraine under disciplinary control procedures. It is important to comply with the established time limits and properly substantiate the violations. Timely action makes it possible to protect the rights of the parties to enforcement proceedings and ensure a balance of interests in the process of compulsory execution of decisions.

Thus, the following actions of a private enforcement officer are subject to appeal:

• Imposing a seizure on the debtor’s property without a court decision.
• Selling property without the debtor’s written consent.
• Charging expenses that are not properly documented.
• Obstructing the exercise of the lawful right to defense.

Therefore, if you are confident that your rights have been violated by a private enforcement officer, contact the lawyers of “Prikhodko & Partners.”

Do you still have questions? We look forward to meeting you for a preliminary consultation in a format convenient for you (offline or online)! To calculate the cost of a lawyer’s services for appealing the actions of a private enforcement officer, please fill out the form below.