The document should comprehensively regulate the issues:
- enforcement of decisions;
- the status of subjects of enforcement of decisions;
- powers of a private performer;
- approaches to foreclosure on the debtor's property.
Simultaneously with the entry into force of this document, the Laws “On Bodies and Persons Enforcing Judgments and Decisions of Other Bodies” and “On Enforcement Proceedings” will expire.
Powers of private performers
The draft law stipulates that enforcement of decisions is entrusted to the bodies of the state executive service (state executors) and to private executors.
The executor cannot execute the decision if:
- the debtor or debt collector (except for the recovery of costs of enforcement proceedings and enforcement sanctions) is the executor -himself, persons close to him, persons related to him;
- the debtor or debt collector is a person who is in an employment relationship with such an executor;
- the executor, a person close to him or a person who is in an employment relationship with the executor, has a real or potential conflict of interest;
- the amount of recovery under the executive document, taking into account the amounts under executive documents that are already under execution and unfinished by a private executor, exceeds the minimum amount of the sum insured under the contract of civil liability insurance of such private executor.
Access to the profession
It is easier to access the profession of private performer:
-initial training is introduced (training and internship of a person who intends to conduct the activities of a private performer, after passing the qualifying exam);
- is reduced from six months to three terms, after which a person who has not passed the qualifying examination will have the right to retake it.
Types of disciplinary sanctions are changing: it is proposed to replace the suspension of a private executor's activity with a ban on opening new proceedings.
It is also proposed to introduce a unified concept of enforcement sanction, which, in fact, is a valid enforcement fee, which is levied throughout Ukraine for enforcement of the decision of the state executive service and remuneration of a private enforcement agent for enforcement of a private enforcement agent.
It should be noted that the executors are exempt from registration of encumbrances on movable and immovable property. The availability of information about the debtor in the Unified Register of Debtors will serve to prevent the alienation of property in any way.
The document provides for the introduction of the Unified State Register of Enforcement Documents and the principle "one enforcement document - one enforcement proceeding" (ie resumption of enforcement proceedings under which the enforcement document was returned to the claimant, not the opening of new enforcement proceedings).
New features of decision execution
The draft law establishes new special procedures for the implementation of decisions:
- on the removal of the child;
- on the return of the child to the state of permanent residence;
- on recovery of property, transfer to the collector of property;
- on the demand for evidence;
- on securing the claim;
- on paid confiscation of property.
The draft law also defines clear and consistent procedures for recovering debtors' funds and income. At the same time, it is provided that for crediting salaries, pensions, scholarships, funds, recovery of which is prohibited in accordance with Article 119 of this Law, as well as other funds, seizure and / or recovery of which is prohibited by law, the debtor - an individual has the right open a current account with a special mode of use in the manner prescribed by law.
The novelties of the legislation in the field of enforcement proceedings will be discussed in detail at the V Conference on Enforcement Proceedings, which will be held on September 15.
Source: pravo.ua