Experts discussed the possibility of amending the Law of Ukraine "On Enforcement Proceedings" in order to improve the regulation of the procedure for the enforcement of decisions
“Improving Enforcement Mechanisms” is the topic of a round table held at the LIGA Business Inform press center with the participation of leading experts in the enforcement industry, lawyers and government executives. The speakers were Vitaliy Misyats, executive director of the All-Ukrainian Legal Assistance Coalition, Oleksandr Kuz, member of the Scientific Advisory Board of the Ukrainian Association of Private Performers, Igor Nikolaev, legal adviser to the Center for Commercial Law, Miroslava Vorontsova, Legal Adviser of the United States Agency for International Development (USAID) "New Justice" Program and People's Deputy of Ukraine Ruslan Sidorovich. The participants are convinced that some of the rules existing in the Law of Ukraine "On production, do not allow the public and private executors to function effectively, and therefore, in the form of a draft law, the experts presented their results.
According to Mr. Kuzya, in the proposed draft law it is proposed to establish the place of opening the enforcement proceedings, since the current version of the law establishes only the place of execution of the decision, which may differ from the place of enforcement proceedings. The speakers noted that the proposed legislative document provides an opportunity for private executives to create executive groups on a contractual basis, in particular, for the general performance of particularly complex or consolidated enforcement proceedings. Note that the current law provides for the possibility of creating executive teams exclusively for state performers. Also, the law does not establish the definition of an executive assembly, as a result of which there is a different judicial practice on its collection. Thus, the developed document introduces an interpretation of the concept of “executive fee” - financial sanctions levied on the debtor in the event that he fails to comply with the decision provided for in Article 3 of the Law of Ukraine “On Enforcement Proceedings”, for which enforcement proceedings were opened in the state executive service.
At the end of the discussion, Aleksey Vorobyov, Director of the Department of State Executive Service of the Ministry of Justice of Ukraine, said that the ministry had long been involved in developing amendments to the Law of Ukraine "On Enforcement Proceedings" and was ready to share his ideas with the working group of the draft law under discussion.
Source: Newspaper "Legal Practice"
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