On December 2, 2019, Andryi Ilyuk, Counsel and Head of Dispute Resolution and Bankruptcy Practice at TEFFI Law Firm, gave a lecture at the Legal High School with a topic on the selection of the executor of a court decision and legal support at the stage of execution of decisions.
The lecture began with a description of the reform of enforcement proceedings that took place in Ukraine, the prerequisites of which were evasion of voluntary execution of court decisions, including the use of corruption schemes, the lack of an effective system of motivation for state executors and systemic shortcomings in the interaction of state executives with other state and non-state institutions . The reform was to ensure the enforcement of court decisions, the modernization of the service of state executors, the creation of the institution of private executors, and the introduction of a mixed system of execution of court decisions.
Andryi noted that not all reform goals have been achieved so far, based on the state’s territory and population, we need 3-4 thousand executors. However, the first results of the reform were an increase in the number of executed court decisions, providing the client with a choice between private and state enforcement, a return to trust in the institution of compulsory enforcement of court decisions, and the introduction of a unified register of debtors.
At the lecture, the Counsel also compared that the advantages of private executors are great motivation, service approach, time saving, competition, the use of all available tools and customer focus. At the same time, state executors can execute any decisions of the courts, are obliged to consider all cases that come to them and are kept at public expense.
In addition, the lecturer described measures for the enforcement of decisions and gave advices on legal support at the stage of execution of the judgment.