Toda

VI International Judicial and Legal Forum: an increase in the number of private performers on the agenda

"If there is no execution of judgments, a person will not be restored in their rights," Tatyana Ignatenko, counselor to the LCF Legal Group, opened the last session of the VI International Forensic Forum.

Ruslan Sidorovich, member of the Verkhovna Rada Committee on Legal Policy and Justice, described the trends in the enforcement of judgments. The People's Deputy is sure that the level of execution of judicial decisions, speaking in mathematical language, is approaching zero. To improve the situation, in his opinion, it is necessary to open a gateway for access to the profession of private performers.

Ruslan Sidorovich noted that in this case the number of private performers should be at least 2-3 thousand, that is 50% of the number of state, otherwise it will not be necessary to talk about the real results of the reform.

Alexander Sivokozov, deputy chairman of the Council of Private Performers of Ukraine, also hopes for such a number of private performers. According to the latest information from the Ministry of Justice, it is planned to reach this figure in the near future.

In more details, the speaker spoke about the powers of the performers in the context of the balance with the state. At the same time he focused on such complexity in access to the profession, as insurance of the private performer.

In turn, Svetlana Glushchenko, Deputy Minister of Justice of Ukraine for executive services, said that today the first coordination meeting with the Association of Private Performers of Ukraine and international partners was held, which set the direction for further cooperation and communication of the regulator with private executors.

With regard to the increase in the number of private performers, then, as Mrs. Glushchenko reported, the Ministry takes all measures to ensure access to the profession.

"On the part of the collector, there is a growing confidence in the institution of private performers. In particular, since the beginning of this year, about 10,000 executive documents have been submitted to their production, "she said.

Aspects of judicial control over the execution of court decisions were analyzed by Alexander Kryzhny, judge-speaker of the Economic Court of Dnepropetrovsk region. "Appealing decisions, actions and omissions of an official of a GIS body or a private performer during execution of a consolidated enforcement proceeding in which the execution of court decisions adopted by courts under the rules of different jurisdictions is combined is subject to review according to the rules of administrative proceedings in accordance with part one of Article 287 of the CAS of Ukraine ", - the judge cited one of the decisions.

In addition, at the level of the Grand Chamber of the Armed Forces, the problem of paying a court fee for filing appeals and cassation complaints against a court decision taken on the basis of a complaint has already been resolved. According to the decision, it is necessary to pay court fee in this case.

The next question, in which the Grand Chamber of the Armed Forces also put an end, is the appeal of decisions of the GIS in the enforcement proceedings to execute the verdict in the part of civil claims. The Grand Chamber agreed with the position of the Supreme Arbitration Court: the institution of civil action in criminal proceedings is adjacent to the lawsuit proceedings settled by the CCP.

Noting the positive innovation of the legislator - shortening the time for consideration of complaints, the judge said that still very much depends on the behavior of the participants in the process. And the main problem in this matter is the failure of the employees of the executive service to appear in court sessions.

The international aspect of execution of judgments in Ukraine was highlighted by Maxim Bugay, Senior Legal Adviser of TNT Express (FedEx Corp.). The speaker noted that in this country this issue is not relevant, since arbitrage is popular among investors.

At the same time, when submitting applications for the enforcement of judgments of the Netherlands courts in Ukraine, it should be borne in mind that, in accordance with the current legislation, decisions of foreign courts are recognized if there is an international bilateral treaty between this state and Ukraine. But, as a rule, there are no such agreements with the EU countries. In this connection, one can count only on the principle of reciprocity.

The session was closed by the reports of the judges of the Court of Cassation in the Supreme Court of Vladimir Pogrebnyak and Sergei Zhukov. In particular, Mr. Zhukov analyzed the issues of judicial control over the actions of the liquidator. "Not all actions of the liquidator are defined in the law, which in turn leads to such a number of complaints about their actions," the judge said. According to him, 4 decisions of the Armed Forces have already been adopted today, which establish the principle of the undoubted completeness of the actions of the liquidator.

From the point of view of the judge, Vladimir Pogrebnyak told about the novels of the draft Code on bankruptcy procedures. The speaker noted that the procedure for the sale of property through electronic bidding provided in the draft would significantly reduce the problematic issues facing the court. Moreover, today, when considering disputes involving electronic platforms, problematic issues are an order of magnitude lower than in the case of liquidation commissions.

Summarizing the session, Tatyana Ignatenko wished to deal with a bona fide debtor when defending the rights of the recoverer.

Source: Legal Practice

(translated with Google translator)