The main problems, if not deepening, are the state components of legal relations and court enforcement procedures: limitations of enforcement of decisions against the state of Ukraine, restrictions and prohibitions of recovery of debts from the state of Ukraine and state bodies and enterprises, freezing and delays of recovery and enforcement, low efficiency of the State Enforcement Service.
Better situation with the enforcement of judgments is seen in the so-called private sector, enforcement and debt recovery from private individuals and legal entities, activity of Private Enforcement Officers in Ukraine.
In general, the function of enforcement of court decisions in Ukraine is regulated by two special laws: “On Enforcement Proceedings” and “On Bodies and Persons Enforcing the Judgments and Decisions of Other Bodies” and assigned to:
– bodies of the State Enforcement Service of the Ministry of Justice of Ukraine;
– Private Enforcement Officers of Ukraine.
The priority of modern legal business in the field of enforcement of judgments in the last four years since the founding of Private Enforcement Officers is cooperation with the representatives of this inclusive institute.
For a creditor, a Private Enforcement Officer in Ukraine is an innovative and most effective tool for enforcing judgments, recovering debts from individuals and legal entities, and securing a claim.
The positive experience of the last 4 years of successful functioning of the institute of Private Enforcement Officers is the basis of the new version of the bill “On Enforcement Proceedings” developed on the platform of the European Union Project “Pravo-Justice” which was submitted to the Parliament on 23/06/2020 and is expected by the entire progressive legal community in Ukraine, as well as foreign investors and partners, to be adopted by the Ukrainian Parliament this year.
