Complaint against the enforcement service

In the process of resolving cases involving public authorities, violations of citizens’ rights are not uncommon. The most widespread among them is the ignoring of requests and appeals. In such situations, filing a complaint against the enforcement service is the most appropriate course of action. In this article, we will подробно examine how to properly draft and submit it. As the practice of the lawyers of our law firm “Prikhodko & Partners” shows, more than 60% of issues can be resolved without court proceedings solely through properly and professionally prepared documents.

Requirements for drafting a complaint

A complaint belongs to the category of official written documents. The document must be submitted to a specifically designated enforcement authority. The complaint should contain a request for:

• The proper performance by the enforcement service of its duties.
• The adoption of relevant decisions.
• The performance of certain actions.
• Obligating a specific other person to perform such actions.

Filing complaints makes it possible to achieve the desired result—provided that they are professionally prepared. Like any other document, a complaint has a specific structure and content.

Among its mandatory elements are:

1. The name of the authority/institution to which the complaint is submitted.
2. The debtor’s personal details.
3. The main body (a brief description of the circumstances, grounds, and justification of the complaint). When drafting the main part, it is also important to refer to the provisions of current legislation.
4. The request addressed to the executive authority.
5. Date and signature of the person.

We recommend attaching documents and annexes to substantiate the legal grounds for filing the complaint.

Many people ask: what is the time frame for reviewing a complaint? This directly depends on the authority to which it is addressed. The standard period is up to 30 days. The response may be sent by email or to the address specified in the complaint.

However, there are situations when a significant amount of time has passed after filing the complaint and no response has been received. In such a case, the only option is to prepare and file a statement of claim with the court. Before doing so, it is essential to consult professional lawyers.

The lawyers of “Prikhodko & Partners” remind you that there is no need to immediately apply to the court; it is better to try to resolve the issue in a pre-trial procedure. Therefore, we recommend agreeing on a course of action with a specialist.

The role of a lawyer in appealing actions of the enforcement service

Enforcement proceedings are the final stage of the judicial process, aimed at the actual execution of a court decision. However, in practice, the actions or inaction of a state or private enforcement officer often violate the rights of the parties. In such cases, an effective protection mechanism is the preparation of a complaint against the enforcement service by a lawyer.

Grounds for appeal may include: unlawful initiation of enforcement proceedings, seizure of property or accounts in violation of procedure, unjustified recovery of the enforcement fee, ignoring a party’s motions, delaying time limits, or unlawful refusal to perform enforcement actions. A lawyer first analyzes the case materials, the enforcement officer’s resolutions, the time limits, and the compliance of their actions with the requirements of the Law of Ukraine “On Enforcement Proceedings”.

Professional preparation of a complaint includes several stages:

• Legal audit of the situation and determination of the method of protection.

Appeal to the head of the relevant body of the Ministry of Justice or directly to the court. The choice of jurisdiction is of fundamental importance, as it affects the review period and the effectiveness of the outcome.

• Formation of a legal position.

The lawyer substantiates which specific legal provisions were violated, cites case law, and provides evidence of the unlawfulness of the enforcement officer’s actions. It is important to clearly formulate the claims: cancellation of the resolution, lifting of the seizure, return of unlawfully recovered funds, or obligation to perform certain actions.

• Procedural formalization.

The complaint must comply with legislative requirements: contain the details of the parties, the number of the enforcement proceedings, a list of annexes, and proof of payment of the court fee (if filed with the court). Failure to comply with formal requirements may result in the complaint being left without consideration.

Particular attention is paid by the lawyer to the time limits for appeal. As a rule, they are limited, so delays may complicate the protection of the client’s rights. If the deadline is missed, it is necessary to additionally justify the validity of the reasons.

Engaging a lawyer increases the chances of a positive outcome, as proper argumentation and knowledge of the practice of appealing enforcement officers’ actions make it possible to promptly restore violated rights. A timely filed and properly drafted complaint can become an effective tool for monitoring the legality of the enforcement service’s activities and ensuring real compliance with the rule of law.

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 actions of the enforcement service, please fill out the form below.