The Verkhovna Rada of Ukraine registered Bill № 5660 dated 14.06.2021, the purpose and task of which is to comprehensively improve the process of enforcement of decisions.
The innovations provided by the bill are conditionally divided into the following areas:
1.expanding the powers of private performers and facilitating access to the profession of private performer to increase their total number, expanding the powers of the assistant private performer;
2.digitization of the process of enforcement of decisions;
3.determining the features of the implementation of certain categories of decisions;
4.new approaches to foreclosure on the debtor's property, determination of the peculiarities of foreclosure on certain types of property.
Thus, to facilitate access to the profession of private performer and increase their total number is provided by:
introduction of initial training (training and internship of a person who intends to carry out the activities of a private performer, after passing the qualifying examination (Article 22);
reduction from 6 months to 3 months of the period after which a person who has not passed the qualifying examination will have the right to retake it (Article 21).
It should be noted and the update of the procedure for applying a disciplinary sanction to a private executor. Thus, it is proposed to replace such a type of disciplinary sanction as suspension of the activity of a private executor with a ban on opening new proceedings, which in turn will avoid problems in other proceedings.
The provisions on the composition and powers of the Disciplinary Commission of Private Performers have been updated (its chairman and secretary will be elected at the commission meeting by a simple majority vote of the general composition of the commission; provided for their publication on websites).
It is also proposed to introduce a unified concept of enforcement sanction, which is essentially a valid enforcement fee levied throughout Ukraine for enforcement of the decision by the state executive service and remuneration of a private enforcement agent for enforcement of a decision by a private enforcement agent.
Regarding the digitalization of the enforcement process, it is envisaged to expand the functionality of the automated system of enforcement proceedings (in particular regarding the interaction of executors with state bodies, banks and other financial institutions; formation of information necessary for calculating the amount of remuneration of state executors; executors for enforcement proceedings).
It should also 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.
Among other things, the draft law provides for a new mechanism for deleting information about a person from the Unified Register of Debtors and removing the seizure from his accounts (in case of receipt of the relevant account of the state executive service, private executor's account, sufficient to meet the claimant's up to ten times the minimum wage set for January 1 of the calendar year, and the enforcement sanction to be collected during the execution of such a decision, the automated system of enforcement proceedings will generate a notice of repayment of debt on enforcement proceedings, which is the basis for excluding information from the Unified Register of Debtors and lifting the seizure from the debtor's funds).
Also important provisions of the digitalization of enforcement proceedings include the provisions of the draft Law aimed at the introduction of the Unified State Register of Enforcement Documents.
In addition, the draft law determines the procedure for execution of several decisions on recovery of funds from one debtor by different executors. Thus, the execution of several decisions on one debtor will be carried out in a consolidated enforcement proceedings (when opening enforcement proceedings, the executor (both public and private) will be obliged to check the presence or absence of other enforcement proceedings or consolidated enforcement proceedings against the debtor). in respect of which enforcement proceedings have been opened and in case of establishment of open enforcement proceedings against the respective debtor, the executor on the day of opening enforcement proceedings is obliged to issue a resolution on merging enforcement proceedings into consolidated enforcement proceedings, and in case of consolidated enforcement proceedings - resolution on joining the enforcement proceedings to the consolidated enforcement proceedings).
Such changes will allow for the enforcement of decisions with respect to the rights of all parties to the enforcement proceedings, as well as eliminate such phenomena as resale of one property by several executors, or violation of the order of payment to debt collectors of funds collected from the debtor.
Source:borgexpert.com