EQUITY acted as the general partner of the II International Forum on enforcement proceedings
On September 6, 2017, the II International Forum on Enforcement Proceedings, organized by the newspaper “Yuridicheskaya Praktika” and the Ministry of Justice of Ukraine, was held at Premier Palace Hotel.
The law firm EQUITY has been the General Partner of the Forum for the second year in a row; although the subject matter was quite impressive, unfortunately, this year's discussion of key issues was more theoretical than applied in nature
Last year, the date of the Forum coincided with the date of the entry into force of the new Law on the State Enforcement Service and the corresponding legislative amendments, this year the occasion was also festive – on hearsay, it was on this day that the first private executor abode his first decision. Maybe it was just the reason that the first session of the Forum was held in the format of a panel discussion entitled "First assessments of the reform on enforcement proceedings".
It is noteworthy that the representatives of the state sector and the involved practices of the legal market participated in the debate. Among participants, the concerns and forecasts were also expressed by Viacheslav Krahlevych, partner of the law firm EQUITY.
Thus, Viacheslav confirmed, that the reform on enforcement proceedings is a positive step towards achieving a high level of the court ruling execution, but stressed the need to establish a new and improve the existing system of liability for violations in the sphere of enforcement proceedings, in particular, for administrative and criminal ones. He provided examples of situations that clearly illustrated the problems in this sphere.
The event also included the introduction of two new formats: open interviews and an online broadcasting of discussions and questions to speakers. Regarding the open interview - the founder of this format was the partner of the Law Firm EQUITY Oleh Malinevskyi and Deputy Minister of Justice of Ukraine on issues of executive service Serhii Shkliar. During the conversation, which took place in front of the Forum's participants, who packed the hall, and viewers of the online broadcast, they were able to talk about the topic of a disappointing current state of practice and its further development.
In particular, Mr Malinevskyi raised sensitive issues of the time factor, access to the profession, the remuneration of both private and public executives, and the issue of the future development of the profession.
Mr Shkliar reasonably answered most of the questions; although Forum participants did not immediately reach consensus regarding the understanding of enforcement agents' fair motivation, the stability of the profession of a private enforcement agent, and even the ultimate goal of the reform - the complete absence of a state execution, or mixed-type execution - such a format will undoubtedly be in high demand among the community.
We are also grateful to Mr Shkliar for his readiness to engage in a dialogue and for the absence of prematurely prepared questions format - such openness should serve as a postulate for any public statements by public sector representatives.
Moreover, a senior lawyer of the Law Firm EQUITY, Andrii Ivaniv, was also introduced among the Forum speakers. He spoke on the topic "Judicial instruments in the strategy of unfair debtors actions. How to protect the rights of the recoverer?" and discussed interesting aspects of the practice, such as the penalties suspension by the court on the basis of an executive document, the prohibition of registration actions as a measure to secure a claim to contest the actions of the state executor, initiating the process of replacing the exciting party by the legal successor having the court's obligation to suspend enforcement proceedings, and so on.
His speech was approved by the audience, as he raised a lot of sensitive for the recoverers issues regarding satisfying a judgment.
We express our gratitude to the organizers of the Forum - the newspaper “Yuridicheskaya Praktika” and the Ministry of Justice of Ukraine for the professional conduct of this event and we wish everyone to have a real change in practice next year and to have good statistics on satisfying a judgement.