PAYMENT OF COURT FEES FOR APPEALS AGAINST DECISIONS OF THE STATE EXECUTIVE SERVICE, ADOPTED ON THE BASIS OF A NOTARY'S WRIT OF EXECUTION UNDER CREDIT AGREEMENTS: LEGAL UNCERTAINTY

Abstract

Abstract. The article analyzes the current legislation, as well as examines the current case law on the paymentof court fees for appealing against decisions of executors, made on the basis of the writ of execution of thenotary. Procedural aspects of initiating enforcement proceedings and committing priority enforcement actions are considered. It is emphasized that the executor is obliged to carry out measures of enforcement of decisionsin the manner and in the manner prescribed by the executive document and legislation. The key decisions of theSupreme Court have been established, outlining the practice of courts of first and appellate instances regardingthe payment of court fees for appealing against decisions, actions or omissions of state executive service bodiesmade on the basis of a notary's writ of execution. It is concluded that appeals against decisions and actions ofthe executor can help protect the rights of the debtor, in particular in cases of enforcement proceedings by theexecutor outside the district of his activity, seizure of salary and pension accounts, refusal to close proceedingsfor non-payment of enforcement fees; refusal to return unreasonably written off funds, etc. The latest case lawon the payment of court fees for appeals against decisions, actions or omissions of the state executive service,made on the basis of a notary's writ of execution under credit agreements is clearly not in favor of citizens. Suchlawsuits are often dismissed by the court of first instance and ordered to pay a court fee. Of course, in order notto waste time and protect yourself from the return of the notary acquired on the basis of the writ of execution andthe property alienated by the executors, such a court fee should still be paid. In this case, in case of satisfaction ofthe administrative claim in full, the court fee is charged from the defendant, in case of partial satisfaction of theclaim – in proportion to the satisfied or rejected part of the claim from the defendant and the plaintiff, respectively.In order to return the property collected under the notary's writ of execution, it is necessary to comprehensivelyresolve the current legal situation, namely to appeal against decisions, actions or inaction of the state executiveservice and prove the illegality of the notary's writ of execution.