Appealing against decisions in enforcement proceedings

Enforcement proceedings are considered the final stage of court proceedings. Its purpose is to enforce the decision of the court and other state authorities or their officials. The concept, parties, procedure, terms and consequences of this process are set out in the Law of Ukraine “On Enforcement Proceedings”.

Art. 13 of the Law stipulates that in the course of its implementation, public and private institutions perform enforcement actions and make decisions based on them by issuing resolutions, warnings, submitting petitions, drawing up acts and protocols, giving instructions, etc. (the full list of decisions is contained in the text of the legal act itself).

Time limits for appealing against a decision on enforcement proceedings

The resolution on the opening of enforcement proceedings is issued by the bailiff no later than one business day after the date of receipt of the enforcement document. It sets forth the debtor's obligation to file a declaration indicating the property and income owned, as well as warns the debtor of liability for failure to file such a declaration or for knowingly entering false information in it.

The parties must be notified of the opening of the proceedings. For this purpose, the Law also provides for a specific method of notification - registered mail (to the address specified in the enforcement document). If the enforcement document contains the e-mail addresses of the debtor and the creditor, it is recommended to duplicate the information in the form of an e-mail.

The parties (including the debtor), other participants and persons have the right to appeal against the decision to initiate enforcement proceedings. The complaint is filed with the court that issued the enforcement document. The deadline for appealing the decision is 10 business days from the date when the person learned or should have learned of the violation of his or her rights, freedoms or legitimate interests.

Consideration of an appeal against a decision in enforcement proceedings

Under national law, appeals against a resolution to initiate enforcement proceedings or other specific decisions, actions or omissions of a state enforcement officer or other official of the state enforcement service are considered by a court. As a rule, it is the court that issued the enforcement document. It may also be the head of the department to which the bailiff is directly subordinated or a higher-level official of the state enforcement service.

When considering such cases, the court must take into account that the state enforcement officer is obliged to take measures to enforce decisions, to take enforcement actions in an impartial and timely manner, and persons involved in enforcement proceedings are obliged to exercise all rights granted to them in good faith to ensure that enforcement actions are taken.

The court hearing to consider the appeal against the decision is attended by the parties:

• applicant;
• State enforcement officer or other official of the State Enforcement Service;
• interested parties - debtors or claimants whose rights and obligations are affected by the complaint.

Judicial protection of the parties to enforcement proceedings is ensured, as a court decision may affect their rights and obligations.

Payment of court fees

The state enforcement officer notes the need to pay the court fee in accordance with the decisions whose enforcement provides for its collection. Its amount is set forth in Article 27 of the Law of Ukraine “On Enforcement Proceedings”, namely 10% of the amount actually recovered and returned or the value of the debtor's property transferred to the creditor under the enforcement document. The collected enforcement fee from the debtor is transferred to the State Budget of Ukraine.