Association of Private Performers of Ukraine
OPEN LETTER
on curtailing the reform of the execution of court decisions in Ukraine
The Association of Private Performers of Ukraine categorically opposes Bill №4330 on the so-called extension of the powers of private performers, the consideration of which in the Verkhovna Rada Committee on Legal Policy is scheduled for May 18 as a matter of urgency.
Bill №4330, introduced by the Ministry of Justice of Ukraine, effectively halts the European reform of enforcement in Ukraine. Moreover, this initiative contradicts Ukraine’s commitments in signing agreements to receive macro-financial assistance from the EU.
It will be recalled that on August 25, 2020, the Verkhovna Rada of Ukraine ratified the Memorandum on Ukraine's receipt of macro-financial assistance from the EU in the amount of 1.2 billion euros. In the field of enforcement, the Ukrainian authorities undertook:
1.immediately expand the powers of private executors to enforce decisions to one hundred thousand hryvnias against any debtor (including state legal entities and legal entities with state participation), and to administrative fines.
2. develop a roadmap for the full equalization of powers of private and public performers
3. facilitate access to the profession of private performer to increase the total number of private performers
4. review the regime of disciplinary supervision and control over the activities of private performers
5. introduce automated arrest and write-off of debtors' funds.
What we have instead:
- Bill №4330 DOES NOT PROVIDE immediate expansion of powers.
- Bill №4330 DOES NOT CONTAIN a roadmap for equalization of powers.
- Access to the profession of private performer is NOT EASIER.
- The regime of disciplinary supervision and control is NOT IMPROVED.
- Automated seizure and write-off mechanisms are NOT IMPLEMENTED.
Bill №4330 replaces genuine European reform with a sham and threatens to disrupt the implementation of the EU Memorandum on Macro Financial Assistance.
We appeal to the Minister of Justice of Ukraine:
- Strongly condemn the efforts of individual officials to sabotage European enforcement reform,
withdraw the bill №4330,
- RETURN TO CONSTRUCTIVE COOPERATION with civil society and the European Community in the framework of the Law Enforcement Working Group, which has been working on the basis of the Legal Policy Committee since July 2020.
We ask the Chairman and members of the Verkhovna Rada of Ukraine Committee on Legal Policy:
DO NOT SUPPORT Bill №4330 as ANTI-UKRAINIAN and ANTI-EUROPEAN in essence,
to adopt as a basis for the European reform of enforcement a BILL AGREED BY THE WORKING GROUP ON THE DEVELOPMENT OF BILLS TO IMPROVE ENFORCEMENT.
We ask the Delegation of the European Union to Ukraine and the Law-Justice Project:
To publish a position on the situation with the reform of enforcement of decisions in Ukraine.
Source: https://apvu.com.ua