Brief analysis of the legislation on private judgment enforcement in Ukraine. (auto translate)

Brief analysis of the legislation on private judgment enforcement in Ukraine. (auto translate)

   According to the Law of Ukraine №1403 «About bodies and persons engaged in the enforcement of judgments and decisions of other bodies"( in the current version of 02.06.2016r., In the legal field Ukraine introduces the concept of private artist. Today, most of the other related laws and regulations are brought in line with these changes. Currently, people who want to become the first private performers Ukraine, applied of training, to obtain the appropriate certification.

   It should be noted that the private executor will have the same powers and duties as bailiff, but wake to take to perform a limited number of executive documents (private performers will not engage in decisions of administrative courts).

   Below is the flow of the process of obtaining the certificate private artist.

  One of the innovations in the activities of the executive service in general and private enforcement - is the creation of so-called insurance of civil liability of the private artist. This provision of the law, and to take on the world practice of enforcement of court decisions and are not exclusive to the international legal practice. In this regard the private singer has no right to operate without current insurance agreement of civil liability. This is due primarily to another point in the new legislation, namely advancing the enforcement proceedings. Under current law Ukraine advance amount is 2% of the amount of penalty, but not more than 10 times the minimum wage.

   In a number of these, positive reform and the spirit of innovation, also canceled a voluntary period for payment collection enforcement debtor. This option eliminates the possibility of the "without costly" repayment under an open procedure. However, it brings legislation into line with the spirit of the concept enforcement and excludes a huge number of opportunities for corruption in this area.

Andrii Borovyk

Director of LLC "Toda group"