Introduction of the institute of private executors.

Abstract

The article is devoted to general provisions on private enforcement in connection with the introduction of the draft Laws of Ukraine «On the bodies and persons engaged in the enforcement of judgments and decisions of other authorities» and «On enforcement proceedings». At present in Ukraine there are significant changes in the legal sphere, first of all, it concerns the judicial system in general and the stage of implementation of judicial decisions as an important and significant elements of the trial. It is no secret condition in which the justice system in Ukraine and enforcement. The problems caused a number of problems that eventually lead to very low values of actual enforcement. That is, there is an urgent need to reform the system of execution of court decisions and legislation relating to enforcement proceedings. Enforcement of judgments and decisions of other authorities in Ukraine is carried out exclusively state performers of the State executive service, which has existed since 1999 and replaced the old system of bailiffs. Since its inception, it has evolved, conducted reorganization, but in fact nothing has changed, efficiency remained low. Reform of the executive service, which we promise lately, it seems, is about to be finished. To this made many steps, and the day of the lawyer, 8 October, the draft Law of Ukraine «On bodies and persons engaged in the enforcement of judgments and decisions of other authorities» and «On Enforcement Proceedings» were adopted in the first reading. However, there are many disputes and comments to these bills. According to Article 1 of the Law of Ukraine «On the bodies and persons engaged in the enforcement of judgments and decisions of other authorities» enforcement of judgments and other bodies (officials) (hereinafter – making) relies on public and private enforcement service performers. The study demonstrates the need for further development in the area of enforcement of judgments and decisions of other bodies, while appropriate seems introduction of a mixed system of enforcement that will create healthy competition between public and private contractors, will save the state monopoly on the issue of enforcement of judgments and decisions of other authorities. Private performer will depend on their performance, after all, will depend on his income. The necessary legislative changes should be done immediately because the system of enforcement is in terrible condition, which in turn causes low levels of trust in the judicial system as a whole. Introduction of the institute of private executors should be done in several stages, with a gradual reduction in the number of bailiffs and increasing number of private enforcement, with constant monitoring of the number of the latter, so as not to provoke a collapse in this area of activity.