When can I appeal against the decision to initiate enforcement proceedings?

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The decision to initiate enforcement proceedings can be appealed in the following cases:

1. If there is a violation of rights, freedoms or legitimate interests:

  • One of the parties to the proceedings has reason to believe that the decision to initiate enforcement proceedings violates their rights or legitimate interests.

2. In case of non-compliance with the requirements of the law by the executor:

  • For example:
  • A ruling was issued without proper notice to the parties to the proceedings.
  • The enforcement document on the basis of which the proceedings were initiated is invalid.

3. In case of violation of the terms by the executor:

  • The bailiff failed to comply with the statutory deadlines for commencing proceedings.

4. In case of violation of jurisdiction:

  • The proceedings have been opened by a bailiff who does not have jurisdiction over the relevant region or case.

Where and how to file a complaint:

1. Administrative procedure:

  • A complaint is filed with a higher executive service body (within 10 working days of receipt of the resolution).

2. Judicial procedure:

  • A complaint is filed with the court that issued the enforcement document or with the administrative court in accordance with the rules of the Code of Administrative Procedure (within 10 days of receiving the resolution or discovering the violation).

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