• Українською
  • Judicial Enforcement System Reform

    This reform is aimed at building an effective system for enforcing judgements and rulings of other authorities. The task also includes increasing actual enforcement of writs by 30% by 2023.

    Key Results

    • Access to private bailiff training has been ensured.

    • A private bailiff operations monitoring and control system has been launched.

    • The quality and performance indicators of state bailiff have been improved.

    • An integrated information system has been created for the enforcement process.

    • The Unified Register of Debtors has been launched.

    • Proper enforcement of child support orders and court rulings on repayment of arrears in wages has been secured.

    • The composition of the Private Bailiff Assessment Board has been changed; the list of questions has been updated (by removing unreasonable questions) for automated confidential qualification testing of persons who wish to work as private bailiffs. 

    • The existing electronic interaction with the agencies of the Ministry of Internal Affairs of Ukraine and the State Tax Service of Ukraine has been improved.

    • The access to the State Civil Register has been provided to state bailiffs so that they can obtain individual debtor information necessary for enforcement proceedings (marriage, divorce, change of name or death).

    • Executors of the Enforcement Office of the Internal Affairs Department have been granted access to the National Land Cadastre so that they can obtain information about the land owned by debtors.

    • The Ministry of Justice of Ukraine has developed draft Law of Ukraine “On Amendments to Certain Regulations of Ukraine on Enforcement of Judgements and Rulings of Other Bodies” for the comprehensive control of work of bodies and persons enforcing judgements and rulings of other bodies.

    Why change anything?

    Enforcement of judgements is considered to be an integral part of a trial within the meaning of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms which includes the right to a fair trial.

    In its judgements, the European Court of Human Rights has repeatedly established that failure to enforce a judgement causes a situation insistent with the rule of law, affects the authority of the legislative, executive and judicial powers since it prevents from achieving the ultimate goal of justice — proper defence of interests and true redress for the violation of rights of individuals.

    Failure to enforce or protracted enforcement of judgements and rulings of other bodies also impacts the defence of rights system and investment appeal of Ukraine.

    The causes of this problem include but not limited to a number of limitations and restrictions complicating enforcement of judgements in some types of cases such as weak debtor control, imperfect access to a private bailiff profession and the lengthy process of obtaining debtor information partially on paper and due to ineffective communication with registers containing data about debtors and their assets.

    What does the reform include?

    • Improving access to a private bailiff profession and private bailiff capacity building.

    • Digitisation of enforcement proceedings and introducing of the digital bailiff figure in certain types of cases.

    • Using the tools to control debtors and taking steps to address abuse of rights by the parties to enforcement proceedings.

    • Cancelling unreasonable moratoriums on enforcement of judgements.

    Goals and Objectives

    • Improving the performance of private bailiffs; 

    • Digitisation of the enforcement process; 

    • Addressing abuse of rights by the parties to enforcement proceedings; 

    • Improving the process of enforcement of certain types of judgements;

    • Providing public and private bailiffs with access to all registers and databases containing information on debtors and their assets;

    • Electronic interaction with bodies, institutions and banks in the enforcement process and launching electronic services in enforcement proceedings.

    Entities involved in the reform implementation

    The Ministry of Justice of Ukraine, the PRAVO-JUSTICE project of the European Union, the United States Agency for International Development (USAID) New Justice programme, “Ukraine: Bailiff Service Capacity Building (Phase II)” project of the European Bank for Reconstruction and Development (EBRD) and the International Development Law Organisation (IDLO).

    Key documents and useful links