Project experts discussed setup of private enforcement service with Head of Council of judges

The setup of the private enforcement service was in the focus of discussion at the work meeting of Team Leader of the EU Project “PRAVO-Justice” Dovydas Vitkauskas, International Expert of the Project Reda Moliene, Head of the Council of Judges (CoJ) of Ukraine Oleh Tkachuk, and CoJ members.

“More effective enforcement of judgements through gradual privatization of the enforcement service is one of top-priorities of our project. Execution of judgements contributes directly to the increase of trust in the judiciary”, said Dovydas Vitkauskas.

Dovydas Vitkauskas and Reda Moliene noted that the privatization of the enforcement service was a European trend. Most of so-called new EU members opted for either a completely private or a mixed model. Such privatization is one of the few areas where the quick success is possible.

According to the statistics, the first private enforcement officers started operating in Ukraine in 2017, now there are already over a hundred of them. In the meantime, some 4500 state enforcement officers continue working alongside their colleagues from the private sector. However, private enforcement officers proved themselves to be three times more effective than their peers from the State Enforcement Service. Some private enforcement officers report successful execution of almost 83% of cases that were submitted to them.

Oleh Tkachuk, Head of the Council of Judges of Ukraine, agreed that failure to enforce judgements affects the restoration of public trust in the judiciary. He also noted that the existing legislation has virtually deprived courts and judges of the possibility to influence the execution of judgements even though they are interested in this more than whoever. In this connection, the Head of CoJ believes that addressing this issue requires joint efforts of the legislative, executive, and judicial powers.

"The judiciary is very interested in the development of the private enforcement profession, because people can see that the justice is served only if there is a result. The result for us means an executed judicial decision”, said Head of the Council of Judges of Ukraine.

Oleh Tkachuk also addressed to the EU Project “PRAVO-Justice” asking for support with the development of operation standards for courts.

“Development and implementation of court standards is of the same importance as enforcement of judgments. People who go to court should not feel unwanted there. They should be aware of who to address, where to go, or how to draw up the necessary documents,” said Oleh Tkachuk.

It should be mentioned that the EU Project “PRAVO-Justice” supports the reset of the judicial system through facilitating the development of tests to check professional legal knowledge, social and personal (psychological) competences, etc.

Expert support for the development of legal education, as well as support and implementation of probation as an effective means of preventing repeated offences and alternative to deprivation of liberty, also remain within the scope of the Project’s attention.