Features of court order issuance and cancellation

Extracts for legal literacy News

In accordance with civil procedural legislation, a court order is a special form of a court decision that may be extradited by a court based on the results of consideration only the following requirements:

1) a claim is made to recover the amount of wages accrued but not paid to an employee;

2) a claim is made for reimbursement of searching for the defendant, the debtor, the child or the vehicles of the debtor costs;

3) a claim is made to collect debt on payment for housing and communal services, telecommunications services, television and radio broadcasting services, taking into account the inflation index and three percent per annum accrued by the applicant on the amount of the debt;

4) a claim is made to award alimony for a child in the amount of thirty percent of the subsistence minimum for a child of the corresponding age, if this requirement is not related to the affiliation or dispute of paternity (motherhood) and the need to involve other interested parties;

5) a claim is made to return the cost of goods of inadequate quality, if there is a court decision that has entered into force, on establishing the fact of selling goods of inadequate quality, adopted in favour of an indefinite range of consumers.

It should be emphasized that the specified list of requirements is exhaustive.

The parties of order proceedings are a claimant, i.e. a person who filed an application to a court for the issuance of a court order, and the debtor, i.e. a person against whom a claim is presented.

It should be noted that the issuance of a court order is carried out without a court session and summoning a claimant and a debtor to hear their explanations.

Article 105 of the CCP of Ukraine (as amended in the territory of the DPR) provides for an appellate procedure of a court order. Thus, a debtor has the right, within ten days from the date of receipt of a copy of the court order and the documents attached thereto, to submit an application for its cancellation. An application to revoke a court order can also be filed by bodies and persons who are authorized by law to protect the rights, freedoms and interests of others.

As an example, we will describe the actions of a citizen (debtor) who received a copy of a court order to recover from him in favour of a utility company the amount of debt for payment of housing and communal services and does not agree with the requirements presented to him.

Thus, a debtor must, within ten days from the date of receipt of a copy of the court order and the documents attached thereto, submit a written application for the cancellation of the court order to the court.

It is necessary to indicate in the application for the cancellation of the court order:

1) the name of a court to which the application is submitted;

2) the name (designation) of the claimant and the debtor, as well as the name (designation) of the representative of the debtor, if the application is submitted by the representative, their place of residence or location;

3) the order that is being disputed;

4) a reference to circumstances indicating the complete or partial groundlessness of the claims of the claimant;

5) references to evidence with which the debtor substantiates his objections to the claims of the claimant;

6) a list of documents attached to the application.

The application is signed by the debtor or his representative and submitted with copies of the documents attached thereto for submission to the claimant. The application submitted by the representative of the debtor must have an appendix with confirming his authority.

In the case of the debtor submits an application for the cancellation of the court decision upon expiration of the ten-day period established by law, it is necessary to indicate the request to restore the deadline for filing the application, and also indicate the reasons for such a pass. The application can have an appendix with evidence of the validity of the reasons for missing the deadline (mail notification with a date or other document confirming the date you received the court order, etc.). Also, in the application for the cancellation of the court order, it makes sense to indicate the request for the need to suspend the execution of the court order.

On the consideration of the application for cancelling a court order, the court has the right:

– to leave the application for cancellation of the court order unsatisfied;

– to cancel the court order and explain that the claims filed by the claimant can be considered in the claim proceeding in compliance with the general rules on filing a claim;

– change the court order.