Law, State and Law
In what cases is there a complaint about the inaction of the bailiff?
Bailiffs are a category of people who are required to execute a court decision. However strange it may sound, in some cases, bailiffs neglect their duties, namely, they do not comply with court orders. It is with this kind of paradoxical phenomenon in our country that it is possible to encounter practically everywhere. In this case, only a competently drawn up complaint against the inaction of the bailiff, which is served by the superior of the organization, will help.
What it is worth knowing to the applicant before compiling and filing a complaint
Before complaining to a bailiff, you need to understand a little the existing legislation. For example, the law "On Enforcement Proceedings," namely, Article 123, as well as 128, states that any actions of bailiffs can be appealed.
Moments to consider when writing a complaint
In preparing the complaint, it should be noted whether the applicant has direct evidence, which fully indicates that the police officer violated the established norms of legislation. If such evidence exists, then the complaint against the police officer must be filed at any time, but no more than ten days after the discovery of the violation. For effective resolution of the current case, complaints should be submitted in stages, namely:
- In the beginning, the complaint about the inaction of the bailiff must be submitted to the senior officer;
- If there is no special effect, you should go to court;
- If you think that the effect will be small, you should act simultaneously and file complaints in two directions at once.
What the complaint should contain
Any complaint as a document is filed only in writing. Correctly issued complaint about the actions of the bailiff contains the following data:
- The position, as well as the name of the bailiff to whom the complaint is lodged;
- All the data of the applicant, otherwise the name of the organization, as well as all its real details, should be indicated;
- State all the available grounds that can confirm all the facts on which the appeal of the bailiff's decision is appealed.
Only if all the requirements are met will the applicant be able to enforce his rights.
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