The court issued a private ruling on the Violation of Articles 47 of the Law (grounds and consequences of termination of enforcement proceedings) and 129 of the CPC

The LLP filed a lawsuit with the GSI to declare illegal the decision to terminate the enforcement proceedings and cancel this decision. The Court concluded that at the time of the termination of the enforcement proceedings, the issue of taking an enforcement measure against the debtor in the form of collecting penalties had not been resolved definitively and the enforcement proceedings were prematurely terminated by the ICG.

In addition, there are no documents in the enforcement proceedings provided, which the ICG refers to in the decision to terminate the enforcement proceedings. Whereas, according to the third part of Article 129 of the CPC, the defendant can only refer to those grounds that are mentioned in the administrative act. In this case, the defendant who accepted the burdensome act must prove its validity.

 

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