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Pavlo Petrenko The Minister of Justice of Ukraine
Pavlo Petrenko
The Minister of Justice of Ukraine

Laws that provide introduction of private enforcement institute have been submitted to the Parliament for consideration.

21.08.2015

Ukrainian President Petro Poroshenko has brought for consideration before Verkhovna Rada of Ukriane a package of bills, aimed to reform the enforcement system and to introduce private enforcement institute in Ukraine.

The package included draft bills, developed by the Ministry of Justice together with MPs and the Judicial Reform Council under the President of Ukraine such as: “On bodies and individuals, who perform enforcement of judgments and other decisions of different bodies” (№ 2506а), “On enforcement proceedings” (№ 2507а) and “On amendments to the Tax Code of Ukraine (on private enforcement officers)” (№ 2508а).

This reform provides establishment of a mixed enforcement system and establishment of private enforcement institutes.

Private enforcement will be on the same level as state enforcement and they will be able to perform all decisions made by the court or other bodies, except socially sensible matters (accommodation and eviction of citizens, removal of a child), as well as state bodies and enterprises.

Apart from that, these bills provide quickest possible and clearly defined deadlines to commit executive actions and make procedural decisions; they introduce recording of all actions and simplification of procedure for obtaining the information on proceedings for both sides via electronic services.

At the same time, a Unified register of debtors will be created to provide quick information for businesses on solvency of counteragents, to introduce digital cooperation with bodies that perform registration of rights and to submit arrest warrants to bank institutions in electronic form.

Additionally, this package of bills provides creation of a mechanism for selling land within the enforcement proceeding’s procedure through its sale on online auctions and it introduces judicial monitoring institute to control these enforcements.

Adopting these draft bills ensures elimination of corruption risks during the enforcement proceeding and improvement of its effectiveness.

The enforcement sector will have its healthy and competitive environment, as well as additional working places. These bill introduce effective mechanisms to motivate work of private and state enforcement officers to increase their interest in a positive result of the enforcement.

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