Abstract

The first part of the article presents the doctrinal aspects of refusal to initiate enforcement. It has been assumed that refusal to initiate enforcement may consist in the return of the request to initiate enforcement, discontinuance of enforcement proceedings or dismissal of the request to initiate enforcement.

Then, the author analysed in-depth Art. 800¹ § 1 of the Code of Civil Procedure, according to which the enforcement body shall refuse to initiate enforcement whenever the circumstances referred to in Art. 199 § 1 of the Code of Civil Procedure arise, or a specific regulation so provides, or the request to initiate enforcement is otherwise inadmissible. On these grounds, it has been concluded that the initiation of enforcement may be refused exclusively because of inadmissibility of the request to initiate enforcement. A formal defect of the request or its groundlessness do not warrant refusal. The refusal to initiate enforcement is binding only until enforcement has been started. After that, inadmissibility of the request to initiate enforcement lead, depending on its underlying reason, to suspension or discontinuance of enforcement proceedings. The decision of the court refusing to initiate enforcement is not appealable, save for the exception described in Art. 804 § 2 of the Code of Civil Procedure.