Reform of court enforcement system: reboot

Today, the bodies of the State Bailiffs' Service are primarily concerned with the institutional rethinking of their mission in ensuring the rule of law in Ukraine, in particular through the mandatory implementation of final court decisions and decisions of other bodies.

The outdated philosophy of the execution of court decisions should give way to the introduction of European approaches in the work of performers, based on the principles of quality and efficiency of executive actions, social orientation of service and performers, openness, professional ethics and culture. That is what the society and the European community are waiting for. This is the necessary foundation for economic strengthening of Ukraine and improvement of the business climate.

The main idea of the current changes is not the need for cosmetic repairs of the system, but the introduction of new conceptual approaches in the field of protecting the rights and interests of both payers and debtors, as well as the proper enforcement of government decisions. There are great expectations that our state is ready at this historic interval to overcome the many years of illusory right to a court in the meaning of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, since enforcement of judgments is an integral part of the trial. In order to translate our ideas into reality, the Ministry of Justice of Ukraine developed and approved a passport for the reform of the system of execution of court decisions, designed for the next three budget periods, which involves the development and implementation of specific changes at each stage of the transformation of the system, which also includes private executives. The reform passport contains several important, even fundamental priorities. The first of these is the voluntary execution of decisions. The purpose of the reform is to bring to the minds of debtors the inevitability of liability for violation. And then - and an understanding that, if they do not voluntarily decide, they can pay a lot more in the future. We plan to create a motivational system in which disputes will be resolved without reference to the ICE. The main tools are legal education campaign, forming a positive image of the State Bailiffs' Service and private performers, regulating the system of administering the activities of mediator experts (it is not excluded that the performers themselves with special knowledge in the field of mediation), as well as the creation of alternative mechanisms and institutions, in particular the institution of consensus (modernized peace agreement) for implementing decisions and the mechanism of alternative decision-making capabilities.

The second priority is the implementation of executive actions on time, qualified and qualitative. In essence, this means professional and competent assistance in achieving a real justice restoration through enforcement. We plan to achieve this goal at the expense of maximum automation of processes in the enforcement proceedings, in particular - through the automated interaction of registers and offline interaction (cooperation, communication) with other government agencies and institutions, in particular banking institutions. This includes the provision of access for ICE and private enforcement agents to real estate and vehicle registries, other real rights, etc. It is planned to fully automate the process of document circulation, so that the executors can receive a full dossier for the debtor for the shortest possible time and economically unlimited, and citizens - to quickly and qualitatively use the services of ICE and private performers. It is also planned to reduce the burden on state executors, freeing them from unprofessional functions, and motivating the latter to enhance their professional competencies through competition with private performers and career and financial incentives. For this purpose, a compulsory system of training and advanced training of performers is also important.

The third priority is to ensure the openness of the internal affairs agencies, their social orientation. Publicity, openness, transparency, accountability to society - such requirements are facing the executive service. To implement them, it is planned to create mobile automated services, to introduce a wide range of online services, to open centers of implementation of decisions with a high level of service to citizens, which will be spacious and comfortable for the parties of executive proceedings, which corresponds to the best European standards of work. We strive to hear everyone who comes to the service with the help of, and provide answers to all questions relating to enforcement proceedings and the work of specific performers and their executives, even remotely, without visits to the internal affairs agencies. Undoubtedly, such intentions require the development of quality standards for service providers and implementers and the monitoring of its effectiveness.

In the complex, all these components will undoubtedly raise the level of trust in the ICE, public and private performers and will influence the increase of the number of actually executed court decisions in Ukraine.

The initiatives taken by the Ministry of Justice in the passport are supported by our international partners who share the identified strategic goals of the system development and the expected results and are ready to provide assistance in our aspirations, so we will begin to implement the list of concrete measures and actions in the near future!

Svitlana Glushchenko, Deputy Minister of Justice of Ukraine


(translated using google translate)