The procedure for replacing private enforcement agents requires clear deadlines for the Ministry of Justice

The Ukrainian National Bar Association supports the improvements to the procedures for suspending and terminating the activities of private enforcement agents proposed in Draft Law No. 13499, but draws attention to a number of aspects that need to be clarified before the document is adopted.

The relevant comments and proposals have been submitted to the Verkhovna Rada Committee on legal policy.

The activities of private enforcement agents are regulated by the Law «On bodies and persons carrying out enforcement of court decisions and decisions of other bodies». Since they ensure the enforcement of court decisions, it is important that, in the event of suspension or termination of their activities, there are no delays in the proceedings they are executing.

Currently, in the event of suspension of a private enforcement agent’s activity, they are obliged to resolve the issue of their replacement by another private enforcement agent (part 5 of Article 42 of the Law). The procedure takes place in agreement with the claimant on the basis of an agreement concluded with another private enforcement agent. In the absence of the claimant's consent, the private enforcement agent returns the enforcement document to the claimant or, in accordance with the claimant's decision, transfers it to the relevant state enforcement service or another private enforcement agent.

The draft proposes to clarify the replacement procedure. In the event of suspension of activities, the private enforcement agent shall be obliged, within 10 working days from the date of receipt of the order of the Ministry of Justice on the suspension of its activities, to resolve the issue of its replacement by another private enforcement agent and, within the same period, to provide the Ministry of Justice with a duly certified copy of the agreement on its replacement by another private enforcement agent. If this is not done, the private enforcement agent who will carry out the replacement will be determined by the Ministry of Justice on the basis of a proposal from the Council of Private Enforcement Agents of Ukraine. If the CPEU does not submit a relevant proposal within 10 working days, the new private enforcement agent will be determined by the Ministry of Justice independently.

After conducting a legal analysis of the draft, the UNBA Committee on enforcement of decisions drew particular attention to these changes and proposed to supplement Part 5 of Article 42 with deadlines for the Ministry of Justice to make decisions, as such deadlines are currently absent.