How to file a complaint against a state executive?
If you are faced with wrongful actions by government officials, our team “Kasyanenko & Partners” will help you file an effective complaint against the government official, ensuring legal protection of your interests.
It is a real practice to close executive proceedings
Based on real court decisions, our lawyers show how to successfully close enforcement proceedings, applying a deep understanding of the law and their own experience in this area.
One of the examples of our work is a case where the court recognized the illegal actions of the state executor, who opened the proceedings without existing grounds, and thanks to this, we were able to protect the property rights of our clients. Example of a court decision – practice from lawyer Dmytro Kasyanenko:
“The court established that the resolution on the opening of executive proceedings for the enforcement of resolution No. 3/62 on the imposition of an administrative fine in the case of an administrative offense was issued on August 21, 2023, and therefore such a resolution could be applied for execution by November 21, 2023.
Taking into account the above, the court came to the conclusion that Galina Volodymyrivna Leonenko, the chief state executor of the Varvy department of the state executive service in the Prylutskyi district of the Chernihiv region of the Eastern interregional administration of the Ministry of Justice, had no grounds for opening executive proceedings dated 12.21.2023 No. 73649449 and issuing a resolution on the number of minimum expenses executive proceedings from 12.21.2023 according to VP No. 73649449, resolution on the collection of an executive fee from 12.21.2023 according to VP No. 73649449, the resolution on levying the debtor’s salary, pension, scholarship and other income, since the resolution on imposing an administrative penalty in the case of administrative offense No. 3/62 dated 08/21/2023 was presented for execution with the omission of the established deadline for presentation of the executive document for execution within three months from the date of issuance.”
The best executive service lawyer
Against the backdrop of litigation, choosing the best enforcement attorney is key to protecting your rights and interests, and “Kasyanenko & Partners” guarantees reliable professional support at every stage of the case.
Lawyer for cancellation of illegal actions of the state executive
Our clients appreciated the work of our lawyer in canceling the illegal actions of the state executor, which ended with the recognition of the actions of the state employee as invalid and the removal of undesirable consequences for the debtor.
Competent complaint to the court
Preparing the right and competent complaint to the court is critical to the success of your case, and with our help you can significantly increase the chances of a fair resolution of the conflict with the executive authorities.
To effectively challenge the decision of the state executive, the lawyer needs to collect the following list of documents:
- A copy of the disputed resolution of the state bailiff on the opening of enforcement proceedings.
- A copy of the resolution on the imposition of an administrative fine.
- Evidence of when the decision on the imposition of an administrative fine was presented for execution (it can be a postmark, a receipt or other certificates).
- Legal examination or conclusion on existing violations in the actions of the state executive.
- Copies of the decrees of the state executor on the collection of the enforcement fee, on the enforcement of the debtor’s income, and on the amount of the minimum costs of the enforcement proceedings, which will also be appealed.
- Normative and legal acts confirm the deadline for the presentation of the executive document and provisions regulating the activities of state executives.
- A copy of the document certifying the attorney’s authority (mandate, agreement on the provision of legal assistance, etc.).
- Evidence of payment of the court fee for filing an application or claim.
- Communications with the state executive (letters, requests, official correspondence).
- Additional documents that may testify in favor of the debtor (for example, information on the financial status, evidence of the inability to pay the debt on time due to objective reasons, etc.).
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Full text of the decision from lawyer Kasyanenko
https://reyestr.court.gov.ua/Review/116647094
