European experts involved in the establishment of a private-law institution complain about the slow pace of reform. Domestic experts are convinced that proper work of "private traders" will promote changes to the law, and possibly the adoption of the next code.
What reformers and private executives think about it? "Zib" tried to find out from experts.
"It is necessary to improve the procedure of enforcement proceedings in the part relating to joint ventures in which both private and state executives take part, according to Sergei Shklyar, the Deputy Minister of Justice on Issues of the Bailiff Service, the project with these changes is being prepared in the Ministry and will be presented to parliamentary consideration in the near future ".
He noted that the activities of private executives in the ministry are evaluated quite positively. "Of course, while we do not see them unloading the state executive service, there are few of them. However, now the efficiency of private performers, as we suppose, is higher than in public, "- says the official.
The reasons for this, among other things, are less burdens and higher motivation of private performers in the Ministry of Justice. The increase in the number of private performers is expected to increase the positive effect of the reform. However, for this the number of private performers should reach 1.5-2 thousand
"The reform has passed its" point of no return ". The attention of the society is fastened to her. She was taken by the judiciary, - says S. Shklyar. - Universities began to prepare performers, which had never been before. I believe that private executives will be able to compete effectively with the state somewhere in 3-5 years. Therefore, it is impracticable to talk about slowing down the changes. "
But the private performer, Zoryan Makovetsky, is convinced that the disadvantages are not only in the system of private performers. Gaps also contain the law on enforcement proceedings in general. "In particular, we are talking about the impossibility of automatic arrest of accounts, the lack of electronic exchange of information between private performers and other actors involved in implementation," he explained. "In general, private enforcement act within the law and therefore face the same problems as and public. However, the private performer has more time and better motivation, which increases his capabilities and improves performance. "
(translated using google translate)