Toda

Andriy Pyatnitsky,

Deputy Chief of the Main Territorial Department of Justice on the Issues of the State Bailiff Service - Head of the Office of the State Bailiffs Service of the Main Territorial Department of Justice in Dnipropetrovsk Oblast.

The reform of the enforcement of decisions that took place in Ukraine last year in connection with the adoption of the Law of Ukraine "On the bodies and persons executing compulsory execution of court decisions and decisions of other bodies", which introduced a mixed system of enforcement and introduced into the institution of private performers, caused an urgent need for reforming both the state system of forced execution and the basic principles and process of enforcement proceedings.

The Ministry of Justice will conduct an advertising campaign to popularize the profession of private performers and to expedite the appearance of competition among public executives.

Changes to the Procedure for Admission to the Profession of a Private Entrepreneur from 27.11.2017 stipulate an increase in the number of educational institutions conducting training courses in obtaining knowledge in the field of enforcement of court decisions and decisions of other bodies.

In order to guarantee the enforcement of court rulings, in Ukraine, along with government executives, private executives work. However, they have the right to enforce not all court decisions.

The Ministry of Justice of Ukraine explained: a private executor may enforce a court decision to impose an arrest on money in civil or commercial matters.

The seizure of property, depending on the procedure of its imposition, can be divided into three categories:

The arrest imposed by the court as a form of securing the claim (at the request of the plaintiff);

Arrest imposed in the course of execution of enforcement proceedings (imposed by a private or public executor);

Arrest as a measure to ensure criminal proceedings (imposed upon the request of the prosecutor, investigator or civil plaintiff);

In this article we will discuss in detail the very first two types of arrests.