The development of the profession of private performers: France will accelerate

The fact that France was given for 200 years, the Association of Private Performers of Ukraine hopes to master in a much smaller time period.

The Association of Private Performers of Ukraine and the National Chamber of Bailiffs of France signed a memorandum of cooperation. This is the second document of this kind. Last year, Ukrainian private performers agreed to cooperate with the bailiffs of the Republic of Lithuania.

The experience of France, according to the main national expert of the EU project “Right-Justice” Irina Zharonkina, will be of interest to Ukrainian colleagues for the reasons that the institution of execution of court decisions there began to be introduced from the time of Napoleon. In Europe, representatives of this profession are called, however, not bailiffs, but bailiffs, but the essence does not change.

The differences consist primarily in debt collection mechanisms, training methods for access to the profession, extensive experience in resolving debt disputes before court proceedings, and most importantly, in higher freedom, but also responsibility for the prestige of the profession assigned to the National Chamber of Bailiffs France as a fully self-regulatory organization.

In France today there are about 3.5 thousand private bailiffs, and only about 300 state, which, however, work exclusively with the debts of state bodies. Thus, the Law Justice project, which has been “taking care of” the development of new legal professions in Ukraine for several years, is being noted in the project; the bailiffs of France are the most full-fledged and sought-after profession in their country. Much of the French model will undoubtedly be useful for the development of the profession of a private artist in Ukraine.

What is offered

The French, first of all, want to share their achievements in two areas - in mediation and organizing distance learning for representatives and candidates for the profession.

Regarding mediation, then, according to Patrick Safar, Vice President of the National Chamber of Bailiffs of France, his country manages to keep up with the times and accumulate a unique experience of extrajudicial debt collection.

The bailiff in France initially directs all his efforts towards finding a compromise solution on the debt dispute between the creditor and the debtor. And only if the solution is not found, he proceeds to the preparation of the writ of execution and the collection of funds using all existing technical capabilities.

Another “strong point” of the French experience is the active use of this type of training and advanced training for representatives of the profession, such as online courses, in the conditions of the rapid development of digital technologies. "It should be understood that the cost of distance learning will be much lower, because saving money for renting rooms, maintenance of teachers, etc.," draws the attention of a French expert.

Now the Association of Private Performers of Ukraine and the National Chamber of Bailiffs of France will draw up an action plan and agree on the form in which the experience will be exchanged. It is preliminary known that the French side is ready both to receive Ukrainian delegations and to send its experts for consultations and training in our country.

How to perceive

According to the Association of Private Performers of Ukraine, their representatives have already been brought to France for informational purposes. According to the deputy chairman of the Council of Private Performers of Ukraine, Alexander Sivokozov, French bailiffs do have a lot to learn. In addition to the voiced directions, Ukrainians, in particular, were interested in the idea of an insurance fund of representatives of the professional community.

“Officially, it is called not an insurance, but a reserve fund and makes up an impressive amount - about 30 million euros. Considering that the Chamber of Bailiffs fully regulates the profession, this insurance fund is created in case you have to be financially responsible for the unlawful decisions of its members. Thus, the issue of trust in the profession is solved. It is noteworthy that so far there has not been a single such case, ”the member of the Ukrainian delegation notes.

This idea interested Ukrainians also because, according to them, the domestic model of civil liability insurance practically does not work. Moreover, current legislation prohibits professional associations, as non-profit organizations, from creating any funds. “Only the adoption of the draft law on self-regulatory organizations can change the situation. Professional organizations will already be required to have similar funds for risk insurance, ”explains Alexander Sivokozov.

But with respect to mediation, skepticism sounds. The lack of development of the legal framework on this issue in no way contributes to the debtor’s desire to settle the dispute out of court if he can simply not execute the court decision. Now, if the inevitability of repayment of debts becomes a reality, then the idea of mediation will become more popular, according to private performers in Ukraine.

Position of state regulator

Although our systems for the implementation of court decisions are still different, France is undoubtedly a reference point for Ukraine, the Deputy Minister of Justice is sure about executive services. “In France, this is a practically privatized profession, we still have a mixed system of enforcement of court decisions. But we are interested in their experience not with the system, but with the functionality of French artists, their competencies, powers and quality of work, ”she states.

The reform of the executive service, according to the deputy minister, is a priority for the state. However, after the initial moral upswing due to the emergence of the institute of private performers, a certain decline occurred, and now the ministry is set to again actively support the development of a new profession, including by studying and applying best European practices.

The main problems in the development of the institute of private artists in the ministry have long been known. First, a number of factors continue to exist that objectively do not allow private executors to effectively execute court decisions. This is all sorts of moratoria, legislative and judicial injunctions to take executive action. Secondly, the profession is still small in number - even the initially defined number of 800 people has not been reached.

However, the deputy minister emphasizes that the task of the Ministry of Justice is not to simplify admission to the profession, but to raise its attractiveness. “Today, lawyers have a certain disappointment in this profession. Some even think that the new parliament will liquidate this institution, because many politicians are not interested in judicial decisions being executed. Thus, today it is difficult to argue that reform is effective, but it is underway, ”the deputy minister said.

She sees a way out in the further relentless development of the profession of a private performer - she must go through the normal evolutionary process of her formation.

Certain changes occur in the ministry itself. In particular, the Directorate of Legal Policy in the Sphere of Judicial System, Judicial Proceedings and Related Legal Institutions was created within the Ministry of Justice. The main idea of its creation, said the representative of the state regulator, is the generation of the concept of changes to the relevant law or bylaws that regulate the scope of the enforcement of court decisions today. Работники директората активно мониторят практику применения законодательства, устанавливают тесные партнерские отношения с представителями профессии, а также с адвокатами и судьями, чтобы собрать как можно больше информации. После этого она анализируется и нарабатываются определенные предложения по изменению существующего положения.

“A comprehensive draft law on amending the legislation on enforcement proceedings, as well as to certain norms of procedural codes, has already been developed. Hopefully, after the electoral transformations, he will reach the Verkhovna Rada, ”the Deputy Minister of Justice summed up.

Author: Sergey Glushko

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(translated using google translator)