Toda

State monopoly for private executors is loaded

By 2017, only 6 (!) Percent of court decisions in civil and commercial cases were performed in Ukraine. Even if the court made a decision in your favor and decided to reimburse or recover a certain amount or property, it absolutely does not mean anything. In 2017, the percentage of executed court decisions rose to 18 - three times. And this was the result of the reform of the executive service and the emergence of private performers. One can say that the state monopoly on this profession is broken. Just as happened with notaries and dentists.

The system of bailiffs tried to reform long and unsuccessful. Last year, over 5,000 court executives in the country accounted for more than four million cases. If divided, it turns out that each performer had to implement three things every day. Of course, why is such a low percentage of performance? It's simply impossible to do physically. In fact, this situation can be classified as a crisis.

Well, Europeans have come to the rescue again. A working expert group was created, which was involved in the EU project Justice - Justice. And now we have a mixed system of enforcement of court decisions. This is when public and private executives work in a competitive environment. By the way, in the EU countries, 30 percent of court decisions are executed by private executives. An interesting example and experience of Lithuania. By decision of the government, all state executives, on one day, became private. Of course, there was an appropriate qualification confirmation procedure. Of course, not everyone was able to work in the new environment.

I like the lightning speed of the implementation of decisions, which are often demonstrated by the Baltic countries. This is in contrast to the jokes of the slowest Balts, by the way. At the beginning of last year, the Ministry of Justice announced the recruitment of private performers. More than one thousand candidates passed training and internships. Of these, only 123 passed the exam. But 100 people really started to work. Of these, 33 are in Kiev. This data is for March 2018.

Why so little, will you ask? Because the selection procedure is complicated and expensive. It is necessary to finish the monthly courses (payment from 5 and up to 6 thousand hryvnias, depending on the region); who does not have 1 year of work experience as an executor, attorney, notary or arbitration manager; another month is a free internship; then qualifying exam; then you need to open an office with certain equipment and undergo a check of the Ministry of Justice; after that the performers are entered into the Unified Register of Private Entrepreneurs of Ukraine; An executor must also insure his civil liability through possible damage to the participants in the enforcement proceedings or to third parties (the cost of the policy starts at 800 hryvnia).

Of course, this is the strength, time and money. But in a different way there was not in any country in the world where such a system works. The first private artists are already working for the ninth month. And only in the first three months they opened about 3,000 actions in the amount of 710 million hryvnias and more than 50 million at the same time were taken from debtors

Of course, there is a lack of confidence in private performers - people often think that they are collectors. Therefore, they say that private traders are those who take possession of property. Actually no. These are the ones who return the right to the applicant to him. And this is fundamentally. Well, do not forget that the actions of collectors in our country are outlawed.

Private structures always work more efficiently. The same is true for private performers. They are motivated by the fact that 10 percent of the amount recovered or the value of returned property is their earnings. And in cases of complex or non-executive matters, the performers may take an additional reward. All this is allowed. Performers pay a tax. The structure of their income is honest and transparent.

The following case was told to me: private executor Andrew Autorov within 8 business days pulled from a well-known Ukrainian bank the debt of his client in the amount of 3.5 million hryvnia. His client waited a few months when the institute of private traders was working, because the civil service did not work.

Of course, it's difficult to compete with the state system, because there is no fair competition. Unfortunately, state structures often play "serious people" and care about their status, and therefore their debts. For example, a private performer, Katerina Schmidt, for example, was able, in 20 days, to collect 13 million debt from a large enterprise owned by an influential oligarchic group, taking into account New Year holidays. At that, in the civil service for decades dozens of cases on the same debtor lie on millions of hryvnias.

Ukraine does not have enough 2,000 private performers. But everything just starts. At least, it is good that anyone who needs qualifying work / help in this direction can already choose.

Posted by Zoya Kazanji

Source: zic.ua

(translated using google translate)