In 2023, actual enforcement should be at least 70% of court decisions, as opposed to 23.5% in 2018
The Cabinet of Ministers presented the program of its activity (draft resolution VR № 2186).
YURLIGA has already written about plans to introduce new registers.
At the same time, a number of Government proposals relate to enforcement proceedings.
The aim is to achieve the protection of the party to the contract against its failure. To this end, the number of commercial disputes over the grounds of non-performance of contracts should be reduced (in particular, the number of investment cases under claims of foreign investors - in 2018, 8). The plans include Ukraine's entry into the Top 30 of the Doing Business rating in terms of Contract Performance and the Solvency Restoration Index.
To achieve this goal, an effective system of mediation, restorative justice, arbitral tribunals and arbitration will be established, competing with state courts. This should significantly unload the judicial system in favor of instruments that the parties to the treaty will trust.
It is also planned to improve enforcement proceedings by digitizing appropriate procedures (full access to required registers and databases, electronic interaction with government agencies and banks). Court decisions should be executed quickly and with minimal cost to the parties (actual execution of at least 70% of court decisions in 2023 (in 2018 - 23.5%). compared to the previous year by 20%, in 2020 - by 15%, and further by at least 10% every year.
In addition, they plan to eliminate an unjustified moratorium on the performance of certain categories of court decisions (obligations) and to provide transparent bankruptcy procedures that will quickly restore a person's solvency or fairly distribute bankruptcy assets between creditors.
The plans:
- ensuring steady adherence to investment agreements by Ukraine,
- modernization of existing investment recognition and protection agreements,
- effective representation of Ukraine in foreign jurisdictions on investment disputes.
We remind that the state executor must accept the writ of execution, even without the date of birth of the debtor.
Source: YURLIGA