On September 6, Kyiv hosted the II International Forum on Enforcement Proceedings. Summing up, I would like to highlight several aspects that were raised during the discussion of the work of the Institute of Private Entrepreneurs in Ukraine.

Katerina Schmidt, a private executor of Ukraine, devoted her problems to the interaction of private executives with banks and other collectors. In her opinion, the legislator gave the private executor sufficient opportunities in terms of checking the property status of the debtor.

What you will not say about the powers of a private assistant who, in Mrs. Schmidt's words, are too narrow (in fact, they are reduced to the functions of the clerk), which may negatively affect the performance of the private performer. Also, a representative of a new profession sees a problem in the possibility of simultaneously staying executive proceedings on the same debtor in the ICE and a private executor.

In more detail, the adviser, executive director of the enforcement proceedings Spenser & Kauffmann Oleksiy Solomko stopped in his speech, describing the procedural conflicts of interest in the work of public and private performers. He emphasized that the profile law does not give a clear definition of the concept of "combined production", but the new construction of the law allows us to say that the association of production is carried out only at the level of each individual subject of execution - public or private. Mr. Solomko identified four key problems of the consolidated production: the first - the substitution of the concept of the executive document by decision; the second is the complexity of the "rules of the first artist"; the third is the lack of a legislative mechanism for the transfer of enforcement proceedings; the fourth - the possibility of simultaneous action by several performers. The main way of addressing these problematic issues, the speaker referred to the introduction of legislative changes.

Also, the forum users were questioned about the insurance of a private performer. As reminded Roman Nivalkivskaya, vice president of the League of Insurance Organizations of Ukraine, the private executor is obliged to start his work to insure his civil and legal activity to third parties and to inform the Ministry of Justice about the details of the insurance contract, terms of its operation, information about insurers and insurance Sumy. The minimum size of the latter, as the speaker emphasized, amounts to 10% of the total amount of enforcement under executive acts that are performed by a private performer during the year, but not less than 1 thousand minimum wages at the beginning of the corresponding calendar year. The minimum insured amount in 2017 - 3 million 200 thousand UAH.

The peculiarities of foreclosure on the subject of mortgage in the framework of the enforcement proceedings were told by the deputy director of the department - the head of the department of legal provision of the problem assets department of PJSC "PUMB" Andriy Dzhura. He touched on a new approach to holding the property (a clear re-set percentage is set). "The less there is an opportunity to take a step in the direction - the better for the parties", - clarified the lawyer. Mr. Jura also mentioned the issues in this area. To which body to bring an executive document on foreclosure on the subject of a mortgage, if the value of the property and the amount of debt they fall under different bodies? Regulatory documents do not give a direct answer to this question.

At first glance, transferring an executive document from a state executor to a private one can be without problems. But there are subordinate acts that may complicate the exercise of such a right. They specify that the transfer is possible only when the enforcement proceedings are not yet open. Such cases will be "one per thousand" (as the ruling on opening of enforcement proceedings must be made within a working day after receipt of the document). To this nuance drew attention to a private performer, k.ju.n. Andrew Autorov. The prohibition on short-term reassignment of the case is unlikely to be in line with the legislator's intention to ensure real competition, according to the speaker. It is also possible to return the executive document to the collector. This is consistent with the principle of discretion. In this case, the arrest of the debtor's property will be suspended, Mr. Authorov emphasized. These issues need to be resolved immediately at the level of the Ministry of Justice of Ukraine.

(translated using google translate)