What will be the disciplinary responsibility of private performers after the adoption of the bill №5660? A detailed answer to this question was provided by Oleksiy Solomko, a member of the Disciplinary Commission of Private Enforcement Agents of Ukraine, a representative of the Working Group for the Development of Legislation in the Sphere of Enforcement of Decisions. This was reported by the press service of the Association of Private Performers of Ukraine.
The main short stories are as follows:
1️. Approaches to the organization of activity of the Disciplinary commission of private executors change
Today the profile deputy minister without options becomes the chairman of DK. He actually manages the work of the Commission. A representative of the Ministry of Justice is also appointed Secretary of the Commission.
Bill № 5660 removes such a monopoly of the regulator on the activities of the SC. It stipulates that the chairman and secretary of the Disciplinary Commission will be elected at a meeting of the Commission from among its members.
2️. Guarantees of DC members are being strengthened.
The current legislation de facto leaves room for political personnel rotations in the DC.
Bill 605660 clearly states the grounds when a member of the SC may be dismissed from office:
- Not fulfilling his duties
- Does not attend the meeting of the Commission
- Obstructs the work of the Commission.
3️. Clear criteria are set for submission to Commission meetings.
Currently, many submissions to the Commission do not provide sufficient justification for the misdemeanor committed by the executor.
Bill №5660 contains clear requirements for submission: what should be stated and how it is justified. In the absence of the necessary details, the submission will be considered improperly executed and will not be considered.
4️. The grounds for bringing private performers to disciplinary responsibility have been updated.
To the existing 5 grounds: the fact of engaging in activities incompatible with the activities of a private performer; violation of the rules of professional ethics of a private performer; disclosure of a professional secret or committing actions that led to its disclosure; non-performance or improper performance of their professional duties; non-compliance with the statute of the APVU, decisions of self-governing bodies of private performers;
Three more grounds are added:
- failure of a private performer to undergo advanced training;
- evasion from conducting an inspection of the activities of a private contractor;
- non-compliance with the decision of the Disciplinary Commission of private performers.
5️. Requirements for complaints about actions or inaction of a private performer have been strengthened
The main innovation - the complaint must be motivated! The content of the complaint corresponds to the requirements of Article 74 of the current version of the Law "On Enforcement Proceedings".
6️. The grounds for the Ministry of Justice to conduct unscheduled inspections of private contractors have been updated:
- Only for complaints that imply the need for such an inspection. Any appeal of the party of executive proceedings to the regulator will not serve as the basis for carrying out check!
- receipt of a separate court decision declaring the actions of the executor illegal.
7️. The procedure for consideration of the submission by the Commission is detailed.
It becomes clearer, more consistent, standardized with mandatory procedural requirements.
8️. New requirements for decisions of the Disciplinary Commission.
The draft law stipulates that the decisions of the Commission will consist of introductory, motivational and operative parts. The document details what should be contained in each of these parts.
All decisions of the DC are subject to mandatory publication provided that personal data is preserved.
9️. Review of types of disciplinary sanctions
Bill№5660 provides for 4 types of penalties:
Warning
- Financial sanction in the form of 1000 non-taxable minimum incomes
- Prohibition of opening new enforcement proceedings from 3 to 6 months
- Termination of the private executor (exclusive type of disciplinary sanction.
Enters into force only after the end of the trial on appeal).
The most vulnerable penalty - the suspension of a private contractor for up to 6 months, is excluded from the legislative field of the country!
We were able to prove to parliamentarians that this type of punishment violates not the interests of the executor, but first of all - the parties to the enforcement proceedings.
The bill also stipulates that when applying certain sanctions, members of the SC must take into account the proportionality of the act, taking into account all the circumstances of the case.
Source:sud.ua