Information about more than 250 Private Enforcement Officers in Ukraine is listed in a relevant Register.
Recoverer is faced with questions which to choose, what criteria to apply and how not to make a mistake with the choice and achieve the desired result.
We offer our own algorithm, the steps of which are dictated by our own experience of cooperation with Private Enforcement Officer.
1. Analysis of the enforcement document
Analyse the enforcement document according to jurisdiction of the case to a Private Enforcement Officer (excludes the state element, children, eviction, etc.)
2. Defining the enforcement district of Private Enforcement Officer
Defining the enforcement district of Private Enforcement Officer, which are the territories of regions (oblasts) and the city of Kyiv. There are options. By law, a Private Enforcement Officer accepts enforcement documents at (1) place of residence, (2) place of stay of the debtor – a natural person, (3) location of the debtor – a legal entity or (4) location of the debtor’s property.
The place of residence or stay of the Debtor of both individuals and legal entities must be specified in the enforcement document. But there are cases when the debtor changes his location. If the Recoverer knows the new address of the debtor and it differs from the one specified in the enforcement document and the Recoverer wishes to open enforcement proceedings in this place, he must provide the Private Enforcement Officer with supporting documents.
Another option is the location of the Debtor’s property, which can be both real estate and movable property. Civil Code defines property also as cash and property rights. The facts of the existence of such property in the Private Enforcement Officer’s district must be documented, for example, by an extract from the Unified State Register of Legal Entities, a bank certificate, etc.
3. Direct selection of a Private Enforcement Officer
Having defined the district, you can proceed to selection of the Private Enforcement Officer you need via the Unified State Register of Private Performers on the map: https://justlictors.com.ua/en/register-of-private-enforcement-officers-in-ukraine/
How to choose the optimal Private Enforcement Officer from those contained in the register in the relevant district?
First, it is necessary to look carefully at the information contained in the Register: the status of the PO must be “valid”, because information about suspended and terminated performers is not deleted. The date of filing in the Register is the date of the actual start of the Private Enforcement Officer’s activity, which provides information about his length of service and experience. During the first year of the Private Enforcement Officer ‘s activity, he cannot enforce decision over 20 million hryvnias (ca 706 thousand USD).
You can also google about the experience of the Private Enforcement Officer: for example, if the Private Enforcement Officer worked in the state enforcement department, his civil servant’s declarations must be on the NAZK website .
A Third Party Liability Insurance Contract is mandatory. This information is contained in the Register of Private Enforcement Officer, but to view it you need to generate an extract.
The Private Enforcement Officer’s team usually consists of himself, his assistants and support staff. Information about registered assistants can be found in the Private Enforcement Officer Register. Also, several Private Enforcement Officers may conduct their activity in one office and join organizational efforts.
For example, in Kyiv there are offices of Private enforcers at the address:
01054, Kyiv, Dmytrivska Street (Shevchenkivskyi District), 35 V, private enforsers Pylypchuk V.G., Pyshny A.V. and Tatarchenko V.G.
01001, Kyiv, Velyka Zhytomyrska Street, 25/2 private enforcers Kraychinsky S.S., Shcherbakov I.M., Sulima O.O.
In Odessa
65082, Odessa region, Odessa, Gogol Street, 19, of. 1, private enforsers Parfenov G.V., Nosenko S.B., Dolinsky M.M., Shcherbakov Y.S., Prytulyak V.M.
4. The Workload of Private Enforcement Officer or the number of cases he conduct.
The Workload of Private Enforcement Officer or the number of cases he conduct cannot be detected from open sources. But you can search in Judiciary website a list of lawsuits in which he participates. Analysis of court decisions in such cases and the category of cases (complaints, lawsuits) can provide some idea of the style and success of the Private Enforcement Officer.
5. Recommendations.
Recommendations of satisfied customers, as well as information about the Private Enforcement Officer in social networks can also be a significant source of information, but do not always adequately reflect the state of affairs in a given period of time.
JUSTLICTORS Experts
Instead of going through the whole selection algorithm yourself, we advise you to seek assistance of Experts in the field of enforcement proceedings, such as the JUSTLICTORS team. With the necessary knowledge and experience, as well as up-to-date information on the state of affairs and the status of Private Enforcement Officer, experts will save you time and money on choosing Private Enforcement Officer and achieving results, as they face similar cases every day.
