Working meetings with government agencies is effective tool for solving cases

Subject of complaint: The State Enforcement Service Department of the Ministry of Justice of Ukraine (MinJust Enforcement Service)
Complaint in brief: A construction company from Zaporizhzhia turned to the Council. The company complained about MinJust Enforcement Service that refused to initiate proceedings for formal reasons.
In late 2018, Zaporizhzhia Administrative Court ordered the State Tax Service to register the Complainant’s tax invoices worth UAH 4.5 mn. The Complainant sent the corresponding writ of execution to the MinJust, however in a month upon the document receipt, the Enforcement Service refused the company because of failure to provide documents confirming powers of the signatory. Therefore, the Complainant prepared an additional set of documents and sent them to the MinJust. After a repeated application, another month passed, but no response was ever received by the company.
Feeling that the MiniJust deliberately delayed the enforcement of a court decision and sent only formal replies, the company turned to the Business Ombudsman Council for support.
Actions taken: Considering a possible violation of the Complainant’s rights and legitimate interests, the Council’s investigator asked the MinJust in writing to check the circumstances of the case and cease the Enforcement Service malpractice. Instead, the company received a new refusal by the MinJust – a full name and patronymic of the official who issued it was not indicated in the writ. The Council had to apply to the MinJust again. The investigator stressed that it was unlawful to refuse to initiate proceedings on court decision enforcement with such argumentation.
 
In an effort to establish a constructive dialogue with the government agency, the Council used another tool envisaged by the Memorandum of Cooperation with the Ministry of Justice. Thus, an expert group meeting with the participation of the Deputy Ombudsman, Council’s investigators and the MinJust experts with the Head of the Enforcement Service Department in particular, was held.
Result achieved: During the meeting, the government agency accepted the Council’s arguments. The Enforcement Service canceled the most recent refusal on the same day and initiated enforcement proceedings at the company’s request. It would enable the Complainant to refund UAH 4.5 mn of VAT. The case was closed successfully.