Prospects for the Enforcement System Reform: Expert Discussion in Odessa

2017-08-03

ODESA - August 3, 2017. Ukrainian Bar Association in cooperation with the European Union project "Support for Justice Sector Reforms in Ukraine" and the Ministry of Justice of Ukraine with the support of the Odessa Economic Court of Appeal held a round table dedicated to the discussion of the enforcement system reform and the activities of private enforcement officers.

"We are happy that such topical event takes place in Odessa. As everyone knows, on July 7, 2017, the Ministry of Justice of Ukraine presented the certificates to the first in Ukraine private enforcement officers.  In some countries, the institute has been successfully operating for more than 200 years, but it is new to Ukraine, which prompts its detailed discussion and study in a wide range of experts. I hope that the cooperation of our countries will give significant results and today we can identify the main ways to ensure high quality and effective reform of the enforcement of judgments and private enforcement activity in Ukraine", - said Natalia Bogatska, chair of the Odessa Economic Court of Appeal, opening the round table.

Theirgreetings also extended Dovidas Vitkauskas, head of the EU project "Support to Justice Sector Reform in Ukraine", Konstantin Silkin, Deputy Director of the Department of State Executive Service of the Ministry of Justice of Ukraine Mykola Stanischuk, Head of Territorial Administration of Justice in the Odessa region, Julian Khorunzhiy , Member of the Board of the Ukrainian Bar Association, partner of Ario Law Firm, and Igor Nikolayev, legal advisor to the Center for Commercial Law, member of the Disciplinary Chamber of Insolvency Officers.

In the first session international experts Catiline Popov, private executor (Bulgaria), and Damir Cité, bailiff of the Higher Commercial Court Subotica (Serbia), described the experience of European countries in regulating the activities of private enforcement officers.

"The number of private enforcement officers in Ukraine is steadily increasing and a certain threshold of 100 officers have already gone through. Thus, we are here to state that the new legal profession is gradually gaining momentum. Already in September of this year, we will see the first real enforcement of court decisions by private enforcement officers, and they will have a lot of work then. Presently, there are more than 5 million executive documents for the total amount of almost 600 billion hryvnias. In addition, the formation of self-government bodies will be an important challenge for the first private enforcement officers, since this will largely depend on admission to the profession and the legality of the activities of private enforcement officers," - said Julian Khorunzhy.

Volodymyr Kutsenko, head of the Territorial Department of the State Judicial Administration in Odesa Oblast, also spoke on the prospects and problematic aspects of reforming the system of execution of court decisions.

The second part of the event was dedicated to the discussion of te peculiarities of self-government of private enforcement officers. Ivan Zhabotynsky, associate at Vasil Kisil and Partners, talked about the issues of insurance and limitations of activities of private enforcement officers.

According to our colleague from Serbia Damir Cité: "Among all legal reforms in a transitional society, the reform of enforcement proceedings is the most tangible for society. Effective enforcement will, first of all, be felt for debtors, but it remains the most important for lenders. I hope that at the end of this process, for the plaintiff, it becomes more obvious that the state gives him not only the illusion of justice, but a service that provides legal access to justice and its effective administration within certain timeframes. We should not forget that delay in justice is in fact a refusal in justice".

At the end of the meeting, colleagues discussed the importance of establishing a self-government body, and shared information on the recent inspections at the premises of the first private enforcement officers of the Southern region of Ukraine.

Ukrainian Bar Association expresses its gratitude to Odessa Commercial Court of Appeal for the warm welcome and cozy atmosphere, as well as partners and co-organizers of the events dedicated to the enforcement system reform - EU Project "Support to Justice Sector Reform in Ukraine" and the Ministry of Justice of Ukraine.

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