How to study the code of ethics, do not get reprimanded, cooperate with the police and increase the number of women, discussed by lawyers at the congress. They also created a new institute that would save them from unjust punishment.
New Old performers
"You are the lawyers who laid the foundation for the further development of a new profession," said Deputy Justice Minister Svitlana Glushchenko during the congress of private performers. However, as it turned out, this is not entirely the case. Although the institution of a private performer has recently appeared, but mostly those with experience in the state executive service work in this area. 73% of modern private performers in the past are state-owned.
Such innovation Ukraine borrowed from the experience of other countries, in particular Poland and Lithuania. After all, in the execution of court decisions, our country has long suffered from the back. Since at the office of each private performer, first of all, profitability, they are financially interested in the quality performance of work.
More than a year ago, private performers united into an association and created disciplinary and qualification bodies. The last one during this time allowed the profession to be a hundred and fifty people and punished the offenders.
At present, there are 159 such specialists in Ukraine, most of all - in Kiev (more than a third) and in the west of the country.
Activities of the qualification and disciplinary bodies have already caused indignation. In particular, Deputy Minister S. Hlushchenko argued that in order to have a quorum at the meeting of the qualification commission, it has to persuade, insist and almost force the representatives elected by the Association of Private Artists. She emotionally appealed to the audience, insisting on the need to attend the meeting.
Disciplinary punishments also have claims. The main opponent of the disciplinary commission was the former head of the Internal Affairs Ministry Oleksandr Kuz, who doubted not only the professionalism of the elected persons, but also whether they should continue their work. And even offered to recall them. "Those decisions taken by the disciplinary commission are incorrectly formulated. What is this decision, which states: listened to Ivanov and Sidorov and decided such. Where is the justification? Where is motivation? "- expressed dissatisfaction O. Kuz.
However, nobody could answer him, because there were no members of the disciplinary commission at the congress. Incidentally, the two punished professionals managed through the court to prove their innocence and achieve cancellation of decisions.
In order to improve disciplinary practices at the congress, they decided to institute the institute of a disciplinary commissioner and make appropriate changes to the articles of association.
Thus, the person who holds this post will carry out advisory and advisory functions and act as an advisory body when considering disciplinary proceedings. It is chosen from among retired judges or scholars or recognized experts in the field of enforcement that have an impeccable reputation. This person will study the case materials and give a conclusion. As a result of an open competition, a disciplinary commissioner will elect a council of private performers.
Loyal and without women
Confusion with disciplinary practice arose not simply because, according to the poll conducted among 86 "private traders", it turned out that they do not know the Code of Professional Ethics.
30% said that they were familiar with the situation superficially, 23% knew only some norms and only 29% (less than a third of respondents) were well acquainted with ethical requirements to themselves.
The poll also showed high loyalty to violations. On the question: what should be done, knowing about the unethical behavior of colleagues? - an absolute majority said that they would have had a friendly conversation (87%), and only 13% would have complained to various bodies. The answer is very different from that provided by the inhabitants of countries with a low level of corruption: in similar questionnaires they indicated that they would complain.
However, experts hope to form a new culture of court decisions, to ensure a high professional level and prestige of their profession. This is to be achieved through training and training.
Representatives of the new profession are eager to learn. 50% believe that upgrading should be compulsory, and 70% want to get a list of courses that can be considered as advanced training. Most respondents need knowledge in the field of ATSI and accounting.
Incidentally, with regard to the training of personnel, the APO closely cooperates with its Lithuanian counterparts. A year ago, they signed a memorandum of cooperation with the Lithuanian Bailiffs' Office. A delegation of "private traders" visited foreign friends, and later Lithuanians in Kiev organized a training workshop.
Also interesting was the result of the survey on the number of private performers. Although only half a dozen specialists work today, they do not mind becoming monopolists in their regions and believe that the number of private performers should be limited. More than half have voted for the establishment of quotas.
As for the number of representatives of this profession in general in the country, the respondents decided that it would be enough for half a dozen. And this is four times less than necessary, according to estimates of the "Justice-Justice" project. Incidentally, this is a profession that traces gender inequality, because women are only 15%.
For a short period of time, private enforcement agencies complained to law enforcement officers, and S. Hlushchenko promised to meet with the police to form a certain practice. However, private executives wanted not just to cooperate with the state of emergency, but to create a separate executive police. But this item was not included in the plans.
Today, somewhat eroded plans are on the agenda: the creation of a new culture for the enforcement of judgments, the securing of the prestige of the profession and verification of facts that discredit it.
COMMENTARY FOR ZiB
Chief National Expert of the EU-Law Project "Justice-Justice":
- More than a year ago the Association of Private Performers was created and according to the law - the disciplinary and qualification bodies were formed. The congress discusses the work of the Disciplinary Commission, because there were some issues related to its practice. In particular, the court abolished two decisions of the commission. They also discussed the introduction of the institute of a disciplinary commissioner.
I note that practice and approaches to the assessment of disciplinary liability of state executives and private ones are different. This is due to the fact that, although private enforcement agencies have state powers to enforce judgments, they are not civil servants.
While the Ministry of Justice is the direct manager of state executors, they are subject to the same rules as other employees. Therefore, they are evaluated differently. For example, a private executor can be punished by deprivation of the right to execute court decisions. It should be remembered that the activity of a private performer is limited by the provisions of the law.
(translated using google translate)