Experience of foreign experts in reforming the executive system

Experience of foreign experts in reforming the executive system

Foreign experts shared experience in reforming the executive system within the framework of the international conference on "Self-government of private performers of Ukraine: international experience in assisting the Ukrainian system."

How was the reform of private performers in Moldova

As Roman Talmach, head of the National Association of Executives of Judicial Decisions of Moldova, told Roman Talmach, the reform of private performers in the Republic of Moldova was held in 2010, as a result, only private performers remained in the country.

"The entire procedure for transition from the state system to private was two months. So, since the reform, performance indicators have increased many times. But I want to note that if before the reform we had basically complaints from creditors that no judicial decisions were executed, and the European Court of Human Rights issued decisions that recognized the Republic of Moldova in non-enforcement of court decisions, then after the introduction of the private enforcement institution There are no such decisions at all in the EU. And complaints are now coming from debtors that debts are too fast to pay. With such results, we consider the implemented reform in the field of justice in our country a positive step ", - said the expert.

"As for Ukraine, I think it is right that in your country two systems will operate in parallel. The society will be able to compare which system works better and to which of the experts it is better to turn. After all, in the face of competition, private executives will try to prove themselves properly, and the state - will be obliged to keep up ", - summed up Roman Talmach.

Private executive system: Lithuanian experience

In Lithuania, private litigants have been operating since 2003. This was stated by the Director of the Chamber of Bailiffs of Lithuania Dovile Satkusskine.

"Private executives in our country perform their work as high quality and transparent as they work with modern IT technologies. For example, in the last year 40% of all cases that are in proceedings from the performer are conducted electronically. This allows the debtor, the collector and the supervisory authorities to see at what stage of performance there is one or another business. This is definitely a positive fact, and we hope that in the near future, another 20% of all cases will also be translated into an electronic system, "- said the expert.

Devoile Satkauskin reported another feature - the ability to collect debt in court. "Without a court decision, the executor may enter into the collection procedure and negotiate with the debtor in order to voluntarily pay the debt. Such negotiations often have a positive result, therefore, both money and time are saved, "the director of the Chamber of Bailiffs of Lithuania emphasized.

She also expressed her opinion on the situation with the executive service in Ukraine. "We are pleased that Ukraine is pursuing reforms in the field of justice. In the future, it would be good if your country passed only to a private system of implementation of decisions ", - summed up Dovile Satkauskin.

What you need to protect the rights of private performers in Ukraine

The Institute of Private Entrepreneurs should begin its work to change the situation with the enforcement of court decisions for the better.

This was announced at the conference "Self-government of private performers of Ukraine: international experience in helping the Ukrainian system", Valentin Danishevsk, a candidate for the Supreme Court, said.

According to Valentina Danishevskaya, it is very important for private executives to establish a self-governing organization, as it is on her that she has high hopes in terms of protecting the rights and interests of private performers: "We need to work to ensure that private executives gain credibility for their profession and enjoy trust. of society. To do this, you need to create an association that will represent their interests, protect their rights and ensure that they perform their professional duties properly."

The expert also said about the creation of certain commissions (committees) that will follow the ethics of the behavior of performers.

"A committee on ethics will be set up, as well as an authorized representative from private executives on disciplinary matters. Also, private executives will have to delegate their representatives to the disciplinary and qualification commission. After all, as you know, now there are temporary commissions, which consist only of representatives of the Ministry of Justice. In the future, it will consist of state and private executives and one representative of the Council of Judges of Ukraine. And this will be a positive step, since by delegating its representatives to the commission, private executors will have the opportunity to influence both the procedure of conducting the examinations and the behavior of the executors in terms of compliance with the law and ethical norms ", - said Valentine Danishevskaya.

(translated using google translate)