| Popis: |
The article analyzes the state of legislation and practice of disciplinary proceedings against private executors by the DisciplinaryCommission of Private Enforcement Agents on the basis of submissions of the Ministry of Justice of Ukraine, entered as a result ofconsideration of appeals of debtors to appeal the procedural actions of private executors in the execution of their court decisions. Cont -rol and inspection of the activities of private performers may also be carried out by: courts, the Council of Private Performers of Ukraineand investigative bodies.But the simultaneous and consistent activity of such a number of persons authorized to inspect a private executor is impractical,as it disrupts the activities of a private executor.The debtor is most interested in taking appropriate actions with abuse of rights, who will use the availability of these methods to“protect” their own interests in order not to enforce or delay the execution of the decision.Therefore, we believe that the debtor should be given the right to appeal against the decisions, actions or omissions of the stateexecutor only in court. Such a provision of the law will eliminate the possibility for the debtor to abuse his rights, to use possible pressurefrom the Ministry of Justice on the private executor, which is intensified by the possibility of the latter to initiate disciplinary proceedingsagainst him. Corruption risks when inspecting the activities of private performers may also occur when passing the qualifying examinationevery five years through automated anonymous testing. You can make tickets so that no one can answer them. Thus, private performerswill look for a way out of this situation – to find the “unofficial” cost of passing the exam and solve this issue with the least time andeffort.Therefore, without defining clear limits of disciplinary liability and appropriate measures that can be applied to private perfor -mers for certain illegal actions, control by all institutions will border on the corruption component.Therefore, the issues of checking the activities of private performers and monitoring their actions require broad and public discussion,setting clear limits of application and bodies that will exercise such control to prevent corruption, and bringing private performersto disciplinary responsibility have become objective. |
