“The man demands compensation for UAH 189 587, which the state executor illegally wrote off his account by the state executor unreasonably withdrew from the citizen’s card account the amount of UAH 189 587. The victim insists on returning the funds. This information is reflected in the decision of the Podilsky District Court of Kyiv, published on July 23, 2025. Employee of the Podilsky Department of the State Executive Service (m. […]”, – WRITE: Businessua.com.ua
The man demands compensation of 189 587 UAH that a state executor illegally written off from his account
The state executor unreasonably withdrew from the card account Citizen in the amount of 189 587 UAH. The victim insists on returning the funds. This information is reflected in the decision of the Podilsky District Court of Kyiv, published on July 23, 2025.
The employee of the Podilskyi Department of the State Executive Service (Kyiv) in the period from 08.08.2022 to 20.02.2023 illegally recovered from the plaintiff 152 123 and 86 850 UAH on the basis of the executive document, withdrawn with the collector as early as 29.09.2020. Part of the funds (49 386 UAH) was returned on 01.03.2023.
The course of the trial The plaintiff insisted on compensation of UAH 189 587 from the Podilsky ICE department due to the illegal collection of the executive fee. The court found an irrelevant reference to the decision of the Grand Chamber of the Supreme Court in the case No. 2540/3203/18 of 11.03.2020, since there was an appeal of the executor’s actions against the resolution of 03.08.2018, not a direct rotation of funds. In this case No. 758/10224/24, the main subject is the requirement of compensation for cash.
The legal specificity of this case is the absence of a direct connection between the collection of the collection and the actual execution of the document at the time of the current legislation. According to paragraph 1 of Part 1 of Art. 37 of Law No. 1404-VIII, the return of the executive document to the collector is made on the basis of a written application. At the same time Part 3 of Art. 40 of the same law obliges the Contractor to recover the fee in case of completion of the proceedings on certain grounds.
On September 6, 20120, a representative of PJSC “KB Nadra” initiated the return of the executive document. On 06.07.2022, the state executor made a decision on return and at the same time issued a resolution on recovery from the plaintiff 188 099 UAH of the executive fee, and also opened the proceedings for enforcement. At the time of these actions, the fees were not written off earlier, which met the requirements of the legislation for that period.
On February 22, 2023, the proceedings were closed due to the full fulfillment of obligations. The Court stressed that the case is considering only within the stated requirements and the evidence provided, in accordance with Part 1 of Art. 13 of the CPC of Ukraine.
The results of the trial The Podilsky Court rejected the claim. The plaintiff did not provide evidence confirming the illegality of the resolutions of the Podilsky ICE department of 06.07.2022 on recovery of 188 099 UAH of executive fees and expenses of the proceedings. Also, the need to cancel the decisions on the opening of enforcement proceedings was not proved.
“After analyzing the documentation and evaluating legally significant evidence, the court states the absence of grounds for satisfying the requirements of the recovery of UAH 189 587 from the Podilskyi department of the state executive service,” – said in the motivating part of the decision.
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