The UNBA supported strengthening the role of the Council of private enforcement agents

Strengthening the role of the Council of private enforcement agents as a self-regulatory organization will be an important element in improving the system of enforcement of decisions. This position of the Association of Private Enforcement Agents of Ukraine was supported by representatives of the Ukrainian National Bar Association.

On September 19, 2025, a round table discussion was held on the topic of «Legislative improvement of mechanisms for suspending and terminating the activities of private enforcement agents», organized as part of the EU project Pravo-Justice. Representatives of parliament, the Council of private enforcement agents, the Ministry of Justice, and the UNBA took part in the discussion.

The participants of the round table noted the main problems of the current legal regulation, in particular, the lack of adequate access to the funds of claimants held in the accounts of private enforcement agents whose activities have been suspended or terminated (which makes it impossible to continue enforcement proceedings). They also noted the ineffectiveness of the institution of temporary private enforcement agents and the excessive administrative nature of the regulation of the appointment of private enforcement agents to replace those whose activities have been suspended.

The focus of the discussion is on draft law No. 13499 of 17 July 2025 «On amendments to certain laws of Ukraine regarding the improvement of procedures for suspending and terminating the activities of private enforcement agents».

In particular, the document proposes amendments to the laws «On bodies and persons carrying out enforcement of court decisions and decisions of other bodies» and «On enforcement proceedings» in terms of ensuring access for a private enforcement agent who is replacing another agent to accounts for deposit amounts and funds of enforcement proceedings, as well as informing creditors about the specifics of enforcement in cases of suspension or termination of the activities of a private enforcement officer. The role of the Council of private enforcement agents of Ukraine in the procedures for determining the candidate for replacement and improving the institution of temporary private enforcement officers is strengthened. It is envisaged that several private enforcement agents may be replaced by a single enforcement agent if there is organizational capacity, and the grounds for terminating the activities of a private enforcement agent are expanded, in particular in the event of failure to issue a notarized power of attorney for access to accounts.

The position of the Ukrainian National Bar Association was expressed by the chairman of the Committee on enforcement of decisions Oleksandr Chernykh, who joined the discussion on ensuring the continuity of enforcement proceedings in the event of suspension or termination of the activities of a private enforcement agent and legislative instruments for the bank to suspend expenditure transactions on a client's account at the request of a third party.

«For the parties to enforcement proceedings, the continuity of enforcement is key. Therefore, the law must clearly define who and on what grounds provides access to funds and conducts proceedings in the event of suspension or termination of the activities of a private enforcement agent. We support an approach that increases the role of the Council of private enforcement agents in these procedures, as this will prevent abuse and ensure the protection of the rights of creditors», - said O. Chernykh.

The round table confirmed that the proposed changes are aimed at improving the efficiency and stability of the enforcement system in Ukraine, as well as protecting the rights of creditors in enforcement proceedings.