Out of 100 hryvnias, no more than 4 are collected by state bailiffs by court decision.

This was emphasized in Chernihiv on March 28, 2018 during a round table on the topic: “Reform of the system of enforcement of court decisions: challenges and prospects.” The event was held at the initiative of the All-Ukrainian Coalition for Legal Aid and the Chernihiv Public Committee for the Protection of Human Rights with the support of the Ministry of Foreign Affairs of the Kingdom of the Netherlands.

The round table was attended by representatives of non-governmental organizations, state and private executors, lawyers, judges, and employees of the BVPD system.

The event was opened by the executive director of the charitable organization “All-Ukrainian Coalition for Legal Aid”

Vitaliy Misyats

, who emphasized that discussing the state of the legislation on enforcement proceedings with those people who directly work with this every day, that is, with state and private enforcement officers, judges, lawyers, and human rights activists, is an important step in implementing judicial reform.

A big problem in the country today is the non-enforcement of court decisions, no more than 20% of which are enforced. That is, out of 100 hryvnias, only 4 hryvnias are collected by state enforcement officers,” – noted

Vitaliy Misyats

. – However, there are also positive aspects that we note – this is the introduction of the institution of private enforcement officers, that is, the abolition of the state monopoly on the enforcement of court decisions. Many experts believe that private enforcement officers will be more effective. When the executor does not receive a salary, and his income will directly depend on the amount he collects, this will give them the opportunity to apply their knowledge and develop in this direction.

Today, a person decides for himself who to contact for forced execution of a decision – a state or private executor, – noted

Igor Bondarev

, head of the department for forced execution of decisions of the Department of Internal Affairs of the Main Territorial Department of Justice in Chernihiv region. – But first, the person must pay an advance payment (2% of the property collection), which is often a burdensome amount for the population.

The executor also has up to 10 certain moratoriums and restrictions on the seizure of property (for example, expensive means of communication – a laptop, a smartphone – cannot be seized, and alimony can only be demanded after proving the fact of evasion of their payment, and the same seizure can be imposed on property that has the fact of proof that it belongs to a specific person). The automatic system of enforcement proceedings also slows down the work, which should also be corrected, – noted

Igor Bondarev

.

As noted

Alla Yedomakha

, Deputy Head of the Internal Affairs Directorate of the Main Territorial Department of Justice in Chernihiv region, the institute of private executors has now already worked throughout the country. In Chernihiv region, there are actually already 3 private enforcement agents working, which people are actively interested in, because private enforcement agents can act throughout the country, while state enforcement agents are limited to an administrative-territorial unit.

“I am pleased with the reform of the system of enforcement of decisions, it is nice to note the improvement of the situation with the payment of alimony, but it should be important for us to properly educate people about the forced enforcement of decisions, which we have a problem with, – reported

Lyubov Kharechko

, judge of the Court of Appeal of Chernihiv region. – It is necessary to teach from childhood that this system is a guarantee of human rights, and also to conduct informatization of all segments of the population in order to form the legal awareness of citizens. In my practice, I come across appeals from citizens who believe that it is the court that should enforce its decision, but according to the law, a person can only apply for judicial control over the execution of the court decision.”

According to

Vitaliy Misyats

, the round table in Chernihiv is the next stage of the national project “Effective execution of court decisions – the key to the successful completion of judicial reform”. The results of such events, which are held in most regions of Ukraine, will summarize systemic problems, prepare amendments to legislation and subordinate regulations, and prepare a draft law. This will provide an opportunity to improve the situation with the execution of court decisions in the country.