Private contractors will be allowed to collect debts from state-owned enterprises - the project is adopted as a basis

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21.05.2021

Private contractors will be allowed to collect debts from state-owned enterprises - the project is adopted as a basis

Private executors will be allowed to enforce decisions, the debtor of which is state and communal enterprises, institutions, organizations, legal entities, the state share in the authorized capital of which is more than 25%. However, the amount of debt should not exceed 100 thousand. UAH.

The Verkhovna Rada adopted as a basis the draft Law No. 4330 "On Amendments to Certain Legislative Acts of Ukraine Concerning the Expansion of the Powers of Private Executors".

The project is linked to the obligations which performance depends on the possibility of Ukraine's macro-financial assistance from the European Union (in August 2020 the Verkhovna Rada ratified the relevant memorandum).

In addition, private executors will be given the authority to enforce decisions in cases of administrative offenses.

According to available information, during 2019, 4.35 million executive documents were subject to compulsory execution by the state executive service bodies, of which 1.16 million (26.6%) executive documents on the collection of fines in cases of administrative offenses. The number of executive documents on the collection of amounts up to one hundred thousand hryvnia against any debtor (including state legal entities and legal entities with the participation of the state), received for execution by the bodies of the state executive service during 2019, amounted to 626 thousand. documents.

It is planned to introduce these changes from the date of entering into the Unified Register of Private Performers of Ukraine information about 1000 people who started the activities of a private contractor, but no later than January 1, 2024. Obviously, a thousand private contractors are considered the minimum required value to ensure the high-quality implementation of their decisions, taking into account the available volume of work.

Also, in the amendments to the Code of Administrative Judiciary of Ukraine, private executors are given the right to apply to the court for an explanation of the court decision, for a deferral or installment plan for the execution of a court decision, etc.

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