The European Court of Human Rights is tired of considering complaints by Ukrainians about non-enforcement of national court decisions. Because all his recommendations for the solution of the problem are simply ignored, and the shaft of complaints is increasing. Ukraine needs to take systematic measures. Lawyers suggested where to start.
One of the problems of the Ukrainian legal system is the critically low enforcement of court decisions, barely reaching 15%. Recently, the country has adopted bills designed to improve the situation. The points of the law concerned both the reform of existing mechanisms and the launch of new ones - for example, the institution of private performers. Along with the emergence of a new profession, many myths and prejudices appeared. Deputy Minister of Justice Sergei Shklar talked about the rights and responsibilities of private performers, about training and the future development of the profession. Also, they discussed the reform as the only possibility of changing the unfortunate situation with execution of court decisions, the current situation on the market of private performers, plans and forecasts.
Already a year there are laws that allow the work of private performers, and the boom in the new market has not yet begun. The lenders are as old as turning to the State Bailiff Service under the Ministry of Justice, since they consider that private executives are not able to compete with the state. Private performers - "pioneers" need to prove that they can levy debts more efficiently officials.
The appearance of the private enforcement agency may change the amount of the fee that the debtor will have to pay. At each change, the debtor will increase by 12%. This can spur the debtor more quickly with the payer.
The Center for Commercial Law issued a manual entitled "Enforcement of Intellectual Property Rights in the Enforcement Proceedings". The methodical manual highlights the procedure and features of foreclosure of intellectual property rights as one of the assets of the debtor, due to the implementation of which can be fully or partially executed by a decision of a property nature that is in the conduct of a private or public executor