Attorney
Specialist in bankruptcy of individuals and legal entities. Provides legal support in bankruptcy procedures for individuals, private limited liability companies, legal entities, as well as closing executive proceedings, concluding restructuring and settlement agreements with financial institutions
Appealing the actions of a private executor
Appealing the actions of a private enforcement agent is a key tool for protecting the rights of participants in enforcement proceedings, who often face violations of their property rights, especially in cases of arrest of bank accounts, inventory of property, or forced execution of court decisions. This allows debtors, collectors, and other interested parties to influence the process of executing a court decision, initiate inspections, demand the restoration of violated rights, and stop the unlawful actions of the enforcer. In this article, we will consider the grounds, methods, and deadlines for appealing the actions of a private enforcement agent, as well as provide practical advice on how to act effectively.
Who has the right to appeal
The Law of Ukraine “On Enforcement Proceedings” defines the circle of persons who have the right to appeal the decision, actions or inaction of a private enforcement agent. Such persons include participants in enforcement proceedings, in particular: debtors, collectors, their legal representatives, as well as prosecutors, experts, specialists, translators and entities of valuation activities. If the actions of the enforcement agent directly affect the rights or interests of other persons, they may also be recognized as participants in the proceedings and file a complaint. All of the above persons have the right to initiate an appeal procedure if they believe that their rights have been violated or restricted unlawfully. This right is a component of the principle of access to justice and serves as a means of monitoring compliance with the norms of the enforcement process.
Judicial procedure for appealing the actions of an enforcer
Filing a complaint against the actions or decisions of a private enforcer through a court is one of the main mechanisms for legal protection. It is important to consider that the choice of court depends on who made the decision: if this is a court decision, the appeal is filed with the relevant court of general jurisdiction; if it is a decision of a state body, the appeal is filed with the administrative court. The complaint must contain a description of the violation, legal arguments and clearly formulated requirements. The legislation establishes the deadlines for the appeal: 10 working days from the moment the person learned or should have learned about the violation. In the event that the postponement of enforcement actions is being appealed, the deadline is 3 working days. The court decision may cancel the action, oblige the enforcer to take certain actions or recognize his inaction as unlawful.
Extrajudicial procedure
In addition to judicial protection, administrative methods of influence are provided. The Ministry of Justice of Ukraine has the right to conduct inspections of the activities of a private enforcement agent. However, during martial law, such inspections were suspended, which limits this mechanism. However, filing a complaint with the Ministry of Justice remains an important step. You can also contact the Council of Private Enforcement Agents of Ukraine, which checks compliance with ethical standards and professional conduct. If violations are identified, it has the right to transfer materials to the Disciplinary Commission. The norms of such inspections are enshrined in the Law of Ukraine “On Bodies and Persons Enforcing Judicial Decisions and Decisions of Other Bodies”.
Bank Account Seizure: The Most Common Complaint
Most often, citizens file complaints about the seizure of bank accounts. According to Resolution No. 163 “On Approval of the Instructions on Non-Cash Settlements in the National Currency of Payment Service Users,” a bank is obliged to execute a private enforcement agent’s resolution to seize funds. The seizure can be imposed on a specific amount or on all funds in the accounts. The problem arises when the seizure is imposed without notifying the person or on all accounts without restrictions, which makes it impossible to access your own funds. This situation is especially critical during wartime. If you believe that the seizure is illegal or disproportionate, file a complaint with the court with a request to lift the seizure or limit it.
Action algorithm: how to protect yourself effectively
To effectively protect your rights, you should follow this sequence:
- Keep copies of all documents of the enforcement proceedings.
- Specify the grounds for the arrest or other action of the executor.
- Within the established deadlines, file a complaint with the court or an appeal to the Council of Private Executors.
- Attach documents confirming the violation: resolutions, bank notifications, correspondence.
- Contact a lawyer for representation in court or consultation.
Additionally, it is worth checking whether the rules of the NBU Instructions have been violated and whether the executor’s resolution contains sufficient justification.
In an unclear situation, contact specialists
If you are faced with unlawful actions of a private executor, or at some point you do not understand what to do next, do not delay. Independent appeal requires deep legal knowledge and experience. The team of specialists of the company “Prykhodko and Partners” has a successful practice of supporting clients in enforcement disputes, in particular:
- Representation of interests in courts of all instances;
- Preparation of complaints to the Ministry of Justice and the Council of Private Executors;
- Analysis and appeal of decisions on the seizure of funds;
- Legal support at all stages of enforcement proceedings;
- Protection of property rights and business interests.
We act quickly, clearly, and in the interests of the client. Sign up for a consultation and we will find a solution specifically for your situation.
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