Laws of Ukraine: for or against collectors?
In April 2016, the Verkhovna Rada of Ukraine considered three bills aimed at regulating the institution of execution of judgments. In other words, the government is trying to change the approach to the so-called "collection services", the purpose of which is to beat out debt and legal obligations from the population. For good or bad new laws - let's try to figure it out.
The essence of bills
Under consideration, we have three bills under the numbers 2506a, 2507a and 2508a:
- Bill 2506a proposes the creation of an institution of private executors of judgments in Ukraine. Also, this law regulates the conditions for the person to obtain this position, his rights and duties, job descriptions, control of his work.
- Bill 2507a lists methods for improving the procedure for the work of private bailiffs.
- Bill 2508a defines private bailiffs as self-employed persons.
Reasons for the appearance of bills
The main reason for the introduction of these bills is that the creators call the inability of the existing executive state bodies to cope with their duties. It is difficult to argue that the current legal methods of bringing judicial decisions into effect leave much to be desired. Those who lose legal cases simply ignore the court's decisions.
Therefore, the Ukrainian deputies decided to turn to the European experience - in many countries of Europe for a long time there are private executive services that regulate the implementation of court decisions.
Bills and Collectors
What are the new "private executors of judgments" that differ from the "collectors" already known to Ukrainians?
So far, we can only talk about the requirements that these bills put forward to "private executors." Here are some of the requirements that should separate the "seeds from the chaff" - "legitimate performers from bandit collectors":
- The private executor of judicial decisions receives obligatory attestation from the state;
- requirements to the private enforcement officer of judicial decisions: higher legal education (not lower than the master's degree), over 25 years of age, experience in the field of state law for at least 2 years, proficiency in the Ukrainian language, passing the qualification exam for the position;
- the private executor of court decisions can not take part in cases concerning decisions: administrative courts, communal property, payments at the expense of the state and in its favor, eviction and deprivation of parental rights.
In addition, the private executor of court decisions bears full personal responsibility for all the damage caused by the procedure for execution of the judgment. Each performer undergoes compulsory insurance for such cases. No funding from the state on the reimbursement of losses from private executors is not expected - only their personal responsibility through the insurance company.
Thus, we can conclude that in the case of the adoption of the above bills, Ukrainians have a chance to get rid of the collectors. Naturally, such an opportunity will exist only if all the participants in the process comply with the laws.
Video about the current situation around the "collectors" in Ukraine:
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