International Development Law Organization

Building the capacity of bailiffs

7 Feb 2017

As in many transition countries, non-enforcement of court decisions in Ukraine remains a key problem which affects not only investor confidence but also the functioning of the whole judiciary. Among particular concerns are lengthy delays, lack of effective measures to prevent and punish debtors who hide assets and evade court orders, few efficient mechanisms for bailiffs to obtain relevant information on debtors’ assets, and vague legislation which creates room for corruption. Therefore, since the Maidan Revolution of 2013-2014, Ukraine has worked to reform the judiciary, including the judgement enforcement system for commercial matters. However, there is still the need to strengthen the capacities of enforcement agents, both state and private, increase the number of private bailiffs and develop a clear performance management process.

IDLO is implementing a project in partnership with the European Bank for Reconstruction and Development (EBRD) that aims to strengthen the effectiveness of court enforcement in order to improve the investment climate. During the first phase, IDLO conducted a functional analysis of the enforcement system in Ukraine and developed a training plan with a particular focus on judgements by private bailiffs in commercial matters. During the second phase, IDLO will work to up-skill private and state bailiffs and implement a new formal mentoring system, ensuring that new recruits are assigned to work alongside more experienced bailiffs for the first weeks of their employment. A total of 300 bailiffs are targeted for initial training and online courses will eventually be made available for all private and state bailiffs. Finally, an impact assessment will be developed in order to evaluate the project’s effectiveness.

 

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