Serhiy Shklyar, Deputy Minister of Justice, answers the most exciting public questions regarding the work of private performers in Ukraine. Over the last year, much has changed. Already more than 110 people who have passed the exams successfully, and just over 70 who have already been registered and are working. There are already examples of successful implementation of fast and effective. There are examples when private executives from the moment of violation of enforcement proceedings until the transfer to the realization of the property fully performed the procedure in 10 days.
If the husband is not employed, can they help a woman in such a situation, private performers?
Over the past 10 months of this year, UAH 1.9 billion have been deducted. alimony in favor of 550 thousand children. The Ministry of Justice has now come out with an initiative, along with people's deputies developed a bill that I think will be voted by the end of this year on strengthening the responsibility of the non-payment of alimony, which includes, in particular, restriction of travel abroad and deprivation of his right to drive vehicles.
This register will be created?
So. In addition, the payer will be deprived of his rights without him, if he does not pay, the issue of the child's departure abroad will be resolved, etc. This practice works in many countries. We studied this experience. The only thing that it will be used as an additional means when the payer drops, does not pay and does not have other sources of income.
What is the difference between a collector and a private artist?
The difference is very significant. First, the activity of collectors is not regulated. The only, in principle, measures of influence on the debtor on the part of collectors is psychological pressure. The activity of a private executor is regulated by law. For all their actions they bear personal responsibility. They can not be united by the company. They work individually and bear personal responsibility for all their actions. Full-time, administrative up to the deprivation of the right to engage in such activities, criminal in the event of a crime. In addition, they have to insure their activities for a fairly serious sum. Therefore, it is not a collector at all. Their activities will be controlled by the Ministry of Justice. There is also a judicial control procedure. So it's not a collector at all. The requirement for private performers to have complete legal education, two years of work experience, to undergo training and probation, if necessary, and then to pass a qualification examination. And only after that, the Ministry of Justice checked the availability of an office that should meet the requirements we set. A private executor or examiner takes a short lesson two or three days in order to obtain their electronic access keys to the registries, and then we put it in the registry. By the way, all citizens can very simply be sure if this or that person is a private performer. There is a public register. It is opened on the website of the Ministry of Justice, in the official register, and there is complete information. And about how to choose for myself, I would advise you to choose as a lawyer or doctor. That is, if you have the choice to apply to the state or to the private, because you do not always have it. Private executives can not yet handle all categories of executive proceedings. Most of the categories we left behind the state. But when you can choose, you can either turn to a public or private performer. If private in the district of 10-40, I would at least listen to the recommendations of friends, friends and I myself would have met and would look at three or four, and then chose, based on the reputation of the person, from her experience, where she had previously worked and so on
The main reason for the appearance of private performers?
The essence of the reform was to create a competition, to give adequate remuneration to both public and private performers. We did it. And, accordingly, unload the state executor. This again is not our know-how. It works in many countries around the world. There is such an International Union of Executive Services, whose members are 100 States. Over 60 have private performers. There are countries like the Benelux countries, where they never knew the state executor. We studied the experience of these countries. This is not our know-how. This included the recommendation of our IMF partners. We have long drafted these laws publicly with the Judicial Reform Council, with deputies, with the OSCE, the EU, and so on. We have a lot of help in this regard. It works in other countries.
Is there also a problem with the enforcement of court decisions in these countries?
In all countries this happened in different ways. In France it was historically, as in the Netherlands. This new trend, which went on in Europe, especially in Eastern Europe, the whole Baltic States became private from the state on one day, and the level of performance has improved at once. First, they have a motivation. They became self-employed persons. They work on their own. And the state will benefit from it. Because it reduces the costs of maintaining executive service. They are self-employed persons. They are their helpers. They create jobs. They pay taxes. Here everyone will win. The only thing we could not afford was to immediately switch from state to private. We are a great country in comparison.
The problem of non-payment of alimony is primarily due to the fact that most of the unconscious Ukrainians who do not want to help their families are officially unemployed. The state executor breaks his hands. What can a private performer do in this case?
If a person really does not work and does not have property, then, unfortunately, a private performer will not improve the situation anyway. However, we proceed from the fact that if there is a property, then it simply needs to be looked for definitely more carefully, and the private is more motivated for this. I think that he will do everything within the legal field in order to find any property or income. This may be property owned by the debtor and located in third parties. If the debtor is not permanently employed, but has some kind of temporary employment, and private will find information about it, then I think that will also be able to collect some of the funds. In addition, I think that they will be more professional in the preparation of applications for the restriction of travel abroad. Therefore, sometimes the courts refuse because statements made by public executives are not sufficiently professional. I think that private performers will be more professional.
Executive proceedings are divided into categories today.
We have already left certain categories of enforcement proceedings under the State Bailiffs' Service. These are socially sensitive categories. That is, the settlement-eviction of individuals, it is engaged in the State Bailiffs' Service. Removal, the transfer of a child between parents in the event of divorce is the State Bailiffs' Service. Taxes from the state, state enterprises, municipal enterprises, local governments, NBU are the State Bailiffs' Service. The transfer of state communal property is the State Bailiffs' Service. Compliance with decisions of the European Court of Human Rights and decisions of administrative courts is the State Bailiffs' Service. Executive proceedings concerning confiscation are also the State Bailiffs' Service. And executive proceedings, in which the enforcement party is incapacitated or disabled, is also the State Bailiffs' Service. The rest of the proceedings can be performed by private performers. The only thing is that they still have a limit on the amount of debt they can work with. This year they work with executive documents no more than 6 million one executive document. The next year they can work no more than UAH 20 million. one executive document. And then there are no restrictions on the amount.
Why are these restrictions today?
A lot of these issues were discussed. There were certain fears that if you let it be pulled out of the state, it could cause a certain wave of raids there. Socially sensitive, such as incitement, eviction and child transmission, they are in all countries, in principle, in the state where it is. Transfer of state and communal property - the same decision is an administrative court in principle.
Are people willing to go to private performers?
More than 1,200 people have already been enrolled to study. More than 600 people have already completed this training. I would not say that for our country this is a big sum. Because there are certain expectations for a country like ours. Approximately, we need to have 2,000 to 2,500 private performers, according to the number of people and the load that is available. These are the ones that will work. In addition, we understand that each of them will have assistants. This is a normal practice. For each performer, on average, there will be about 4 employees. That is, about 10,000 people are roughly involved in the process. I would not say that this is a purely male profession. In those countries where they are, there are more women. It is not so difficult to write off or find property under the current conditions, but in those issues that are difficult, they can involve the police, the perpetrators, etc. Therefore, there is no such threat.
Paying for their services?
In essence, the activities of private performers are paid by the debtor. Public and private performers, in addition to the debt, charge 10%. The only thing that public executives, when charging these amounts, is the so-called executive fee, and private executives are their reward of 10% as well. Because competition must be the same conditions. But these 10% and in that, and in that case, additionally pays an unscrupulous debtor. But we understand that for private performers of this amount, he pays taxes, he pays wages to his assistants, he pays office rent, he pays for training, for advertising.
Private or public performer?
This is a real choice for everyone. I would not be afraid, but I understand people. When the reform began, it was about the same, but in the sphere of the notary. A little over 20 years ago, most of the notaries were fully state owned. Now most of the notaries are private. The only thing that took 20 years to take this path. I think that this reform will evolve much faster. And then people will just understand. Particularly catching, he does not need to be particularly afraid of something. Because it is a motivated person who has entered the open market. She knows that if she works badly, inefficiently, quickly, she will not earn just. Accordingly, they are interested. There is now a fairly serious market with which they can work. I think that people who come, they understand that they are at the root of the profession. That is, they will form this profession. In the West, this is a very venerable profession. There topo private executives like top lawyers. That's why it's a tradition. This is normal. In France, performers are sold. This is required and so on. We have not allowed it yet.
The future for private performers?
In my opinion, yes. Although, I think, and the State Bailiffs' Service in some form will still be. Because there are really socially sensitive issues that we should leave behind the state. In addition, I think that this state will develop. In other countries where private executives work, they have long been not just artists, they can provide legal services to their clients. They can certify the facts as notaries in the same France. In addition, they provide mediation services. That is, they are, in fact, very rarely forced to force something. They are able to work with the debtor and the lender, explaining to him that there is still a solution and must be paid, perhaps in part, but must be fulfilled. In addition, they can manage the debtor's property in order to direct if it is a leased real estate in order to direct payment of rent to repay the debt to the debtor, etc.
Listener: The property of a debtor who is in a third party?
A third-party property is any property owned by the debtor and which may be subject to foreclosure. If the singer finds out that the car or other property is in the third person and it is well known, then they can be charged.
Listener: Further extension of the rights of private performers?
I think that gradually some categories of executive proceedings will depart from the state to private performers.
Listener: What can public executives in Ukraine be in general, if enforcement of a court decision is not exclusively a state matter?
I do not know where is the certainty that enforcement of judgments should be solely for the state. Private courts are, of course, nonsense, and this will not happen. And world experience in executing court decisions is fine and it works. This is not our know-how. This is a tip including our foreign colleagues.
Materials: Versions, ERA Media (http://versii.com/news/372238/print)
(translated using google translate)