201 3 1 Almost no voluntary enforcement debts pay only cowards Debtors used to fight till the end and use all possible sometimes even unlawful methods Non effective functioning of the State Enforcement Service ID: 759629
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Getting Paid in Ukraine
Moscow | 2013
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Slide2Almost no voluntary enforcement (“debts pay only cowards”)Debtors used to “fight till the end” and use all possible (sometimes even unlawful) methods Non effective functioning of the State Enforcement ServiceDilatory tacticsAsset-stripping
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Moscow | 2013
What to expect when collecting
the debt in
Ukraine?
Slide3Pilot judgment of the ECHR – Ivanov v Ukraine (2009)The problem is still not solved and the ECHR resumed consideration of cases against Ukraine re longstanding non-enforcement of court judgmentsNew law “On Enforcement Proceedings” did not bring expected improvementsThe law “On State’s Guarantees of Enforcement of Court Judgment” also did not solve the problem
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Moscow | 2013
Vast problem with enforcement of court judgments in Ukraine
Slide4Restrictions by the laws “On Moratorium on Compulsory Sell of Property” and “On Measures for Securing Sustainable Functioning of Enterprises of Fuel and Energy Complex”The law “On State’s Guarantees of Enforcement of Court Judgment”TMR Energy Limited v State Property Fund of UkraineRegent v UkraineMerchant International Company Ltd v NAK NaftogazAgrokompleks v Ukraine
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Moscow | 2013
Enforcement against the State
Slide5State enforcement officers work very inefficiently and slowlyLack of effective mechanism for tracing of debtor’s assetsNo proper functioning of state registers for land and real estate propertyLack of efficient way to perform non-pecuniary claims
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Moscow | 2013
Practical problems in enforcement proceedings in Ukraine
Slide6Cooperation with the State Enforcement ServiceProvision of additional private asset tracingObtaining freezing injunctions in advance before the enforcement proceedingsControl of the status of the debtor, its property and dialog with the debtor Criminal complaint against debtor for willful non-performance of judgmentComplains against state enforcement officers
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Moscow | 2013
Solutions for effective debt collection in Ukraine
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Moscow | 2013
Complex approach – the secret of your debt collection success
Slide8Head OfficeEurasia Business Centre, 75 Zhylyanska St., 5th Floor, 01032 Kyiv, UkraineTel.: +38 (044) 390 55 33Fax. +38 (044) 390 55 40West Ukrainian Branch6 Generala Chuprynky St., Office 1, 79013 Lviv, UkraineTel.: +38 (032) 242 96 96Fax: +38 (032) 242 96 95South Ukrainian BranchPokrovsky Business Centre33 Zhukovskogo St., 6th Floor, Office 60165045, Odesa, UkraineTel./Fax: +38 (048) 711 74 74mail@arzinger.uawww.arzinger.ua
Sergiy Shklyar, Dr. jur., Attorney-at-law, Founding Partner Sergiy.Shklyar@arzinger.ua
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Moscow | 2013
Contacts