Dealing With Common Complaints in Execution Proceedings in Administration

Abstract

Summary The article discusses the issue of priority of jurisdiction proceedings over simplified complaint proceedings in enforcement proceedings in administration. The author notes that allegations included in common complaints may be similar to those included in the legal remedies available to the obliged (and other participants) in the enforcement proceedings in administration. At the same time, the author argues that filing a common complaint – instead of an appropriate legal remedy in the enforcement proceedings in administration – does not cause an automatic entitlement on the part of the body with general jurisdiction over complaints to deal with such a complaint outside the pending enforcement proceedings in administration. On the contrary, the regulations in force oblige to handle such a complaint within the framework of pending enforcement proceedings and this usually takes place, given the allegations of the complaint, within the framework of the initiated procedure of the appropriate legal remedy in these proceedings. The author emphasises that the primacy of jurisdiction proceedings means that the consideration and settlement of common complaints containing allegations against the conducted enforcement proceedings by a body of general jurisdiction for common complaints, instead of by an enforcement body (sometimes a supervisory body), should be qualified as consideration of a complaint by a body not competent in the case.