The Committee on Finance, Tax and Customs Policy recommended that the Parliament vote in the second reading on the government bill "On Amendments to the Customs Code of Ukraine to Extend the Powers of Private Enforcement Agents to Enforce Fines for Violation of Customs Rules" № 4532 of 21.12.2020.
The draft law was developed by the Ministry of Justice and expands the list of decisions to be implemented by private executors.
It is proposed to amend Articles 535 and 540 of the Customs Code of Ukraine and expand the powers of private executors to enforce their decisions in cases of administrative offenses.
In particular, according to the proposed wording of Part 2 of Article 535 of the Customs Code, the body of revenues and fees, which issued a decision to impose an administrative penalty for violation of customs rules, will execute it independently or through the state executive service or private executor.
In addition, part 1 of Article 540 of the Criminal Code will provide that if the fine is not paid within the period prescribed by Article 539 of this Code, the decision of the body of revenues and fees or the court (judge) is sent for enforcement to the state executive service or private executor in the manner prescribed by law.
By proposing changes in the legislation, the Ministry of Justice thus solves the applied problem stipulated by Ukraine’s international obligations.
The draft law was introduced by the Cabinet of Ministers to fulfill condition 5a of Annex I to the Memorandum of Understanding between Ukraine as a Borrower and the European Union as a Lender and the Loan Agreement between Ukraine as a Borrower and the National Bank of Ukraine as a Borrower's Agent and the European Union as a Lender. macro-financial assistance of the European Union in the amount of up to 1 billion 200 million euros), ratified by the Verkhovna Rada of Ukraine on August 25, 2020.
This condition stipulates that in order to ensure the possibility of effective restoration of legal requirements, public authorities:
a) extend the powers of private executors (PIs) to claims up to one hundred thousand (100,000) hryvnias against any debtor (including state legal entities and legal entities with the participation of the state) and to administrative fines,
and draw up a roadmap for the full alignment of their powers with those of public executors, in particular as regards POs acting on behalf of any client and against any debtor, and as regards facilitating access to the PO profession to increase their total number. and reviewing the regime of disciplinary supervision and control.
During the first reading, part of the parliamentary corps criticized the bill on the package of expanding the powers of private performers. And Deputy Minister of Justice Andriy Haichenko told why to expand the rights of private performers.
Source:sud.ua