Draft LAW OF UKRAINE On Improvement of the System of Enforcement of Decisions of Courts and Other Agencies (Officers)

Draft

LAW OF UKRAINE

On Improvement of the System of Enforcement of Decisions of Courts and Other Agencies (Officers)

The Verkhovna Rada (Parliament) of Ukraine RESOLVES hereby as follows:

I. Law of Ukraine “On State Enforcement Service” (Vidomosti Verkhovnoyi Rady Ukrayiny, 1998, issue 36-37, page 243 as subsequently amended) shall be set forth in the following wording:

“LAW OF UKRAINE

On Enforcement Officers

This Law shall set out the fundamentals of the organization and operation of enforcement officers (state enforcement service agencies and private enforcement officers), their tasks, legal status, and social protection of state enforcement officers.

SECTION I.

GENERAL PROVISIONS

Article 1. Tasks of the State Enforcement Service and Private Enforcement Officers

1. It shall be the task of the state enforcement service and private enforcement officers to enforce decisions of courts and other agencies (officers), for whose enforcement the law provides, in a timely, complete and unbiased manner.

Article 2. Legal Basis of Activities of the State Enforcement Service and Private Enforcement Officers

1. Activities of the state enforcement service and a private enforcement officer shall be based on the Constitution of Ukraine, international treaties of Ukraine accepted as binding by the Verkhovna Rada (Parliament) of Ukraine, this Law, the Law of Ukraine “On Enforcement Proceedings”, other laws and regulations adopted in pursuance thereof, and, in case of private enforcement officers, the Private Enforcement Officer Professional Ethics Code.

SECTION II.

STATE ENFORCEMENT SERVICE

Chapter 1.

AGENCIES OF THE STATE ENFORCEMENT SERVICE

Article 3. Agencies of the State Enforcement Service

1. The following shall be the agencies of the state enforcement service:

1) the State Enforcement Service Department of the Ministry of Justice of Ukraine with the decision enforcement unit making a part thereof;

2) state enforcement service agencies in the Autonomous Republic of Crimea, oblasts, cities of Kyiv and Sevastopol with the decision enforcement units making parts thereof, and raion, city raion, city (in cities of oblast significance), city/raion, inter-raion state enforcement service agencies set up by the Ministry of Justice of Ukraine in accordance with the procedure prescribed by the legislation;

2. The enforcement of decisions, of which a list is specified by law, shall be laid upon the state enforcement officers.

3. The state enforcement service agencies shall be legal entities holding appropriate accounts with agencies providing budget fund treasury services for keeping account for deposited amounts and credits of funds collected from obligors, and the disbursement thereof to claimants in the domestic currency, as well as appropriate accounts for similar transactions in a foreign currency with banks, and a seal with the national emblem.

Article 4. State Enforcement Officers

1. In accordance herewith, state enforcement officers shall be a head of a decision enforcement unit, a deputy head of a decision enforcement unit of the State Enforcement Service Department of the Ministry of Justice of Ukraine, a chief state enforcement officer, a senior state enforcement officer, a state enforcement officer of a decision enforcement unit of the State Enforcement Service Department of the Ministry of Justice of Ukraine, heads of decision enforcement units of a state enforcement service directorate of the Main Justice Directorate of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, main justice directorates in oblasts, cities of Kyiv and Sevastopol, their deputies, chief state enforcement officers, senior state enforcement officers, state enforcement officers of decision enforcement units of the state enforcement service directorates of the Main Justice Directorate of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, main justice directorates in oblasts, cities of Kyiv and Sevastopol, a deputy head of a raion, city raion, city (in a city of oblast significance) or city/raion justice directorate being a head of the state enforcement service unit, a deputy head, a chief state enforcement officer, a senior state enforcement officer, a state enforcement officer of a raion, city raion, city (in a city of oblast significance) or city/raion state enforcement service unit of the relevant justice directorate.

2.A state enforcement officer shall be a representative of the government and enforce court decisions made by name of Ukraine, and decisions of other agencies (officials), whose enforcement is laid upon the state enforcement service in accordance with the procedure envisaged by law.

Chapter2.

LEGAL STATUS OF EMPLOYEES OF STATE ENFORCEMENT SERVICE AGENCIES

Article 5. Legal Status of Employees of State Enforcement Service Agencies

1. Employees of state enforcement service agencies shall be state officers.

2. Uniform identity cards made to the specimen approved by the Ministry of Justice of Ukraine shall be issued to the employees of agencies of the state enforcement service listed in part one of this article.

3. An employee of a state enforcement service agency shall wear the uniform made to the specimen approved by the Ministry of Justice of Ukraine while performing his/her service duties.

4. An employee of a state enforcement service agency shall have the rights and perform the duties envisaged by law.

Article 6. Guarantees of Rights of Individuals and Legal Entities

1. Employees of the state enforcement service agency must thoroughly exercise their powers vested in them by this and other laws in an unbiased manner, not violate the rights and interests of individuals and legal entities guaranteed by the Constitution of Ukraine, laws of Ukraine, and international treaties accepted as binding by the Verkhovna Rada of Ukraine in the course of his/her activities.

Chapter3.

PROCEDURE OF APPOINTMENT OF EMPLOYEES OF STATE ENFORCEMENT SERVICE AGENCIES

Article 7. Requirements for State Enforcement Officers

1. A state enforcement officer of a decision enforcement unit of the State Enforcement Service Department of the Ministry of Justice of Ukraine, a state enforcement officer of a decision enforcement unit of a state enforcement service directorate of the Main Justice Directorate of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, main justice directorates in oblasts, cities of Kyiv and Sevastopol, a chief state enforcement officer, a senior state enforcement officer, a state enforcement officer of a raion, city raion, city (in a city of oblast significance) or city/raion state enforcement service unit may be a citizen of Ukraine with the higher education in Law, who is fluent in the official language and is capable of performing duties vested in him or her in terms of his/her personal and business qualities.

2. Special Requirements for the level of professional competence of state enforcement officers shall be specified by the Ministry of Justice.

Article 8. Procedure of Appointment and Dismissal of Employees of Agencies of the State Enforcement Service

1. A head or a deputy head of a decision enforcement unit of the State Enforcement Service Department of the Ministry of Justice of Ukraine shall be appointed and dismissed by the head of the said Department in accordance with laws in concurrence with the Minister of Justice of Ukraine.

2. Other state enforcement officers of a decision enforcement unit of the State Enforcement Service Department of the Ministry of Justice of Ukraine shall be appointed and dismissed by the head of the said Department.

3. A head of a state enforcement service agency in the Autonomous Republic of Crimea, in oblasts, cities of Kyiv and Sevastopol shall be appointed and dismissed by the Minister of Justice of Ukraine on the basis of a proposal of the head of the State Enforcement Service Department of the Ministry of Justice of Ukraine.

4. A deputy head of a state enforcement officer agency in the Autonomous Republic of Crimea, oblasts, cities of Kyiv and Sevastopol, heads of decision enforcement units of state enforcement service agencies in the Autonomous Republic of Crimea, oblasts, cities of Kyiv and Sevastopol, heads of raion, city raion, city (in cities of oblast significance), city/raion, and inter-raion state enforcement service agencies shall be appointed and dismissed by the head of the State Enforcement Service Department of the Ministry of Justice of Ukraine on the basis of a proposal of the head of a state enforcement service agency in the Autonomous Republic of Crimea, oblast or city of Kyiv or Sevastopol.

5. A deputy head, state enforcement officers of a decision enforcement unit, other employees of a state enforcement service agency in the Autonomous Republic of Crimea, in oblasts, cities of Kyiv and Sevastopol shall be appointed and dismissed by the head of the Main Justice Directorate of the Ministry of Justice in the Autonomous Republic of Crimea, in oblasts, cities of Kyiv and Sevastopol on the basis of a proposal of the head of the state enforcement service agency in the Autonomous Republic of Crimea, oblast or city of Kyiv or Sevastopol.

6. A deputy head, state enforcement officers and other employees of raion, city raion, city (in cities of oblast significance), city/raion and inter-raion state enforcement service agencies shall be appointed and dismissed by the head of the Main Justice Directorate of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, in oblasts, cities of Kyiv and Sevastopol on the basis of proposals of heads of raion, city raion, city (in cities of oblast significance), city raion, inter-raion state enforcement service agencies endorsed by the head of the state enforcement service agency in the Autonomous Republic of Crimea, oblast or city of Kyiv or Sevastopol.

Chapter4.

CONTROL OVER ACTIVITIES OF EMPLOYEES OF STATE ENFORCEMENT SERVICE AGENCIES

Article 9. Control over Activities of Employees of State Enforcement Service Agencies

1. The control over activities of employees of state enforcement service agencies shall be exercised by the Ministry of Justice of Ukraine, and state enforcement service agencies in the Autonomous Republic of Crimea, oblasts, cities of Kyiv and Sevastopol.

Article 10. Liability of State Enforcement Officers

1. The state enforcement officers shall be subject to the disciplinary liability according to the procedure established by law.

2. In case of the commitment of an action having the indications of a crime or administrative violation by a state enforcement officer during the performance of service duties, he/she shall be subject to the criminal or administrative liability according to the procedure established by law.

3. The damage caused by a state enforcement officer to individuals or legal entities during the decision enforcement must be reimbursed according to the procedure envisaged by law at the expense of the state.

Article 11. Encouragement of the Successful Work

1. The successful decision enforcement work of an employee of the state enforcement service agency may be encouraged by the Minister of Justice of Ukraine, the Head of the Main Justice Directorate of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, heads of main justice directorates in oblasts, cities of Kyiv and Sevastopol on their initiative or on the basis of a proposal of the head of the State Enforcement Service Department of the Ministry of Justice of Ukraine, a head of a state enforcement service agency in the Autonomous Republic of Crimea, in oblast or city of Kyiv or Sevastopol.

Article 12. Disputing Actions or Inaction of State Enforcement Officers

1. The actions or inaction of a state enforcement officer may be disputed with the superior official or at the court according to the procedure established by law.

Chapter5.

LEGAL AND SOCIAL PROTECTION OF STATE ENFORCEMENT OFFICERS

Article 13. Legal Protection of State Enforcement Officers

1. A state enforcement officer shall be protected by law.

2. The state guarantees the protection of the health, honor, dignity, home and property of state enforcement officers and their family members against criminal encroachment and other illegal actions.

3. Resistance of a state enforcement officer, causing injuries, offence, threat or other violent action directed at a state enforcement officer, or his/her family members, and the destruction of their property in connection with the exercise of service duties by the state enforcement officer shall result in the liability by law.

Article 14. Social Support to State Enforcement Officers

1. State enforcement officers being in need of the improvement of housing conditions shall be provided with the service housing within one year on a priority basis for the duration of the exercise of their duties in accordance with the legislation at the expense of the state or relevant local budget.

2. The state enforcement officers shall be entitled to installation of apartment telephones on a priority basis.

Article 15. State Insurance and Compensation for Damages in Case of Death or Injury of a State Enforcement Officer

1. A state enforcement officer shall be subject to the obligatory state insurance in the amount of the ten-year pay at the last position occupied by him/her.

2. The procedure and conditions of the insurance of state enforcement officers shall be specified by the Cabinet of Ministers of Ukraine

3. The family of the deceased state enforcement officer shall remain eligible for housing.

4. In case of an injury suffered by a state enforcement officer in the course of performance of service duties, and in case of disability that has come into existence during the service period or within three months of the termination of service, or after expiry of the said period, but as a result of a disease or accident, which have occurred during the performance of service duties, the state enforcement officer shall be paid a once-off benefit in the amount ranging from a three-year to five-year salary (depending on the degree of loss of the ability to work), and granted the disability pension.

5. The damages caused to the property of a state enforcement officer or his/her family members in connection with his/her exercise of service duties shall be repaid to him/her in full at the expense of the State Budget of Ukraine.

Chapter6.

FUNDING AND LOGISTICAL SUPPORT, LABOR REMUNERATION OF EMPLOYEES OF THE STATE ENFORCEMENT SERVICE AGENCIES

Article 16. Labor Remuneration of Employees of Agencies of the State Enforcement Service

1. The salary of an employee of the state enforcement service agency mentioned in part one of Article 3 hereof shall consist of the job salary, the bonus, the rank and long-service supplements, as well as other supplements in accordance with the legislation.

2. State enforcement officers shall obtain the remuneration for the real, timely and legal enforcement of an enforcement document according to the procedure established by the Law of Ukraine “On Enforcement Proceedings”.

Article 17. Funding and Logistical Support to Activities of Employees of the State Enforcement Service

1. The financial and logistical support to activities of employees of the state enforcement service agencies and the funding of expenses for the performance and organization of the enforcement actions shall take place at the expense of the State Budget of Ukraine and the funds of enforcement proceedings, whose set-up procedure shall be specified by the Law of Ukraine “On Enforcement Proceedings”.

2. The number of employees of the state enforcement service, the procedure and norms of the material support to their activities shall be specified by the Cabinet of Ministers of Ukraine on the basis of proposals of the Ministry of Justice of Ukraine.

3. Monetary compensation shall be paid in amounts specified by the legislation to state enforcement officers, who use personal motor vehicles for service purposes on the basis of a decision of the head of the relevant state enforcement service agency.

4. The employees of the state enforcement service agencies shall be provided with the free uniform according to standards specified by the Cabinet of Ministers of Ukraine.

Article 18. Assets of the State Enforcement Service

1. Assets of the state enforcement service of Ukraine shall be owned by the state and used solely to support the performance of its tasks.

SECTION III.

PRIVATE ENFORCEMENT OFFICERS

Chapter 1.

GENERAL PROVISIONS

Article 19. Private Enforcement Officer

1. A private enforcement officer shall be a person specifically authorized in the name of the state vested with the enforcement of decisions of courts and other agencies (officers) in accordance with the procedure prescribed by this Law.

2. A private enforcement officer shall be a party exercising independent professional activity.

Article 20. Specific Features of the Legal Status of a Private Enforcement Officer

1. A private enforcement officer shall be subject to provisions of the legislation on enforcement proceedings in respect of powers, rights and duties of a state enforcement officer, except for provisions related to:

1) the control over the lawfulness of the enforcement proceeding, and the verification thereof;

2) the approval of decisions (acts and resolutions);

3) the collection of the enforcement duty;

4) other powers not compatible with this Law.

2. Solely a private enforcement officer shall enforce decisions based upon execution documents referred to in items 1 to 5 and 7 of part two of Article 17 of the Law of Ukraine “On Enforcement Proceedings”, except for decisions:

1) under which the state, the Autonomous Republic of Crimea, territorial communities in the person of their institutions and bodies, or legal entities with the state-owned interest in the authorized capital exceeding fifty per cent are an obligor or a claimant;

2) to remove a child from custody;

3) to settle or evict by force;

4) to replace management bodies and officers of state-owned institutions, organizations and enterprises with the state-owned interest in the authorized capital exceeding fifty per cent.

Article 21. Principles and Tenets of the Exercise of Activity by Private Enforcement Officers.

1. The activities of a private enforcement officer shall be exercised on the basis of principles of the rule of law, lawfulness, independence, confidentiality, and the avoidance of the conflict of interest.

2. Individuals or legal entities shall be entitled to the free selection of private enforcement officer among officers, whose details are entered into the Universal Private Enforcement Officer Register of Ukraine.

A private enforcement officer shall not have the right to refuse to accept an enforcement document from individuals or legal entities, other than in the case covered by part three of Article 53 of this Law.

3. A private enforcement officer must exercise his or her professional activity thoroughly without divulging professional secrets in any manner, respect interests of claimants, obligors, third parties, their ethnic, cultural and religious customs, and may not humiliate them.

For instance, a private enforcement officer must refrain from actions that can be perceived as pressure, persecution or harassment (frequent phone, fax, e-mail or other messages; visits at home, at the office, in other places; procrastination with the property inventory-taking procedure or other procedures, etc.) to be regulated by the Private Enforcement Officer Professional Ethics Code.

4. A private enforcement officer must take measures to avoid any possibility of the conflict of interest.

5. Any information, of which a private enforcement officer or an assistant to a private enforcement officer has become aware in connection with the performance of duties by a private enforcement officer shall be classified as a professional secret.

The professional secrecy duty shall also bind a person, whose private enforcement officer certificate has been annulled.

A private enforcement officer may disclose information containing professional secrets to other parties solely in cases and in accordance with the procedure regulated by law.

6. A private enforcement officer shall be independent, and shall be only subordinated to law, while exercising his or her activity. Nobody shall be entitled to interfere with his or her activities, except for cases covered by law.

7. If a private enforcement officer is detained by an authorized agency or notified of being suspected of having perpetrated a criminal offence, the detaining or notifying agency must notify thereof the National Private Enforcement Officers Council of Ukraine and the Ministry of Justice of Ukraine immediately.

Article 22. State Regulation of the Private Enforcement Officer Activity

1. The Ministry of Justice of Ukraine shall:

1) develop and implement the state legal policy in the field of the organization of the enforcement of decisions of courts and other agencies (officers);

2) provide training and qualification development to private enforcement officers and, to this end, specify the following in concurrence with the National Private Enforcement Officers Council of Ukraine:

- the procedure of training of the individuals willing to exercise the private enforcement officer activity;

- the list of documents to be submitted by the said individuals to the qualification commission;

- the procedure of assessment of the eligibility of these individuals for the qualification examination;

- the procedure of sitting the qualification examination;

- the procedure of the private enforcement officer qualification development;

3) issue a private enforcement officer certificate and a private enforcement officer identity card;

4) support activity of the qualification and disciplinary commissions;

5) set up and maintain the Universal Private Enforcement Officer Register of Ukraine;

6) specify the form and the procedure of the submission of the information about the exercise of activities by private enforcement officers;

7) exercise control over the private enforcement officer activity, and specify the procedure of the exercise of control over the private enforcement officer activity;

8) in concurrence with the National Private Enforcement Officers Council of Ukraine, submit a proposal to the Cabinet of Ministers of Ukraine on setting the value of the base fee of a private enforcement officer;

9) apply disciplinary sanctions to a private enforcement officer;

10) suspend and annul the eligibility for the exercise of the private enforcement officer activity;

11) exercise other powers envisaged by this law and other laws.

Chapter2.

ELIGIBILITY FOR THE EXERCISE OF THE PRIVATE ENFORCEMENT OFFICER ACTIVITY

Article 23. Requirements for a Private Enforcement Officer

1. A citizen of Ukraine in the age under 25 years with the master\'s degree in Law, fluent in the official language, having at least one year of work experience as a state enforcement officer, an attorney, a notary or an arbitration trustee (property administrator, financial rehabilitation manager, liquidator) or at least two years of work experience as an assistant to a private enforcement officer, an attorney, a notary or arbitration trustee (property administrator, financial rehabilitation manager, liquidator), or at least three years of experience in other fields of law, who has undergone training in accordance with the procedure prescribed by this Law and passed a qualification examination, may be a private enforcement officer.

2. A private enforcement officer may not be a person:

1) who does not meet the requirements of part one of this article of the Law;

2) who was found by court to be partially incapacitated or incapable;

3) who has convictions not cancelled or reversed in accordance with the procedure prescribed by law;

4) who is unable to perform duties of a private enforcement officer due to the health condition;

5) who has committed a corruption violation—for three years of the violation date;

6) whose notary or attorney, private enforcement officer or arbitration trustee (property administrator, financial rehabilitation manager, liquidator) certificate has been annulled for the violation of requirements of the legislation—for three years of the date of the relevant decision;

7) who has been dismissed from the office of a judge, prosecutor, law enforcement officer, from the public service or the service with local self-government bodies for the violation of the oath or on other grounds, in connection with the improper performance of the duties of service by the relevant person—for three years of the date of such dismissal;

8) who has attained the age of 65 years.

3. A private enforcement officer may not perform any paid-for work, other than teaching, research, creative, attorney’s and arbitration trustee’s work, while exercising his or her activities.

Article 24. Qualification Commission.

1. The qualification commission shall be established at the Ministry of Justice of Ukraine in order to determine the level of the professional preparedness of individuals intent on exercising private enforcement officer activity, and to issue the private enforcement officer certificate.

The Ministry of Justice of Ukraine shall approve the charter of the qualification commission.

2. The qualification commission shall consist of seven members, of whom three members shall be appointed by the Ministry of Justice of Ukraine and the National Private Enforcement Officers Council of Ukraine each, and one member shall be appointed by the Anti-corruption Bureau of Ukraine.

These bodies shall have the right to elect their representatives, judges, researchers and specialists in the field of law, as well as private enforcement officers as members of the qualification commission representing them.

3. The membership of the commission shall be approved with an order of the Ministry of Justice of Ukraine. The Minister of Justice of Ukraine shall be the chair of the Qualification Commission.

4. The term of office of the Qualification Commission shall be 2 years.

5. The Qualification Commission shall:

1) develop the time schedule of training of individuals willing to obtain a private enforcement officer certificate;

2) specify the dates of the qualification examinations;

3) develop and approve the list of automated anonymous test questions;

4) consider documents submitted by individuals willing to obtain a private enforcement officer certificate for the conformity with requirements hereof;

5) organize qualification examinations and approve results thereof;

6) make decisions to issue a private enforcement officer certificate.

5. The qualification commission shall be deemed competent, if at least five commission members are present.

6. Decisions of the qualification commission shall be made at its meeting by the simple majority vote of commission members present at the meeting.

The vote of the Qualification Commission Chairman shall be the casting vote in case of the equal distribution of votes.

7. The qualification commission decisions shall be executed in the form of a protocol to be signed by all the commission members being present at the meeting.

Article 25. Assessment of Eligibility for Taking a Qualification Examination

1. An individual willing to become a private enforcement officer must undergo a monthly (training) course as a private enforcement officer before submitting an application for the qualification examination.

The private enforcement officer course shall cover practical issues of the private enforcement officer activity, including the handling of state registers, the procedure of performance of enforcement actions, the organization and the maintenance of the document management by a private enforcement officer.

The information about the private enforcement officer courses shall be published on web sites of the Ministry of Justice of Ukraine and the National Private Enforcement Officers Council of Ukraine.

A certificate shall be issued upon graduation from the private enforcement officer course with the validity period of one year.

2. An individual willing to become a private enforcement officer, who meets the requirements of parts one and two of Article 6 hereof, shall, upon the graduation from the private enforcement officer (training) course, apply to the qualification commission for the permission to take a qualification examination, and submit documents confirming the conformity with the eligibility requirements, and a declaration of a person equivalent to individuals authorized to exercise state or local self-government functions in accordance with the procedure prescribed by the corruption prevention legislation.

3. The qualification commission shall verify the documents and the information provided by the person.

The period of review of the application for the permission to take the qualification examination must not exceed forty-five days of receipt thereof.

The qualification commission shall make the following decisions as a result of the review of the application and the documents attached thereto:

1) to permit an individual to take the qualification examination;

2) to refuse an individual the permission to take the qualification examination.

4. The qualification commission shall make a decision to refuse an individual the permission to take a qualification examination, if:

1) not all documents prescribed by the Ministry of Justice of Ukraine have been submitted or the submitted documents do not meet the prescribed requirements;

2) the individual fails to meet the requirements hereof for individuals willing to exercise the private enforcement officer activity.

5. The individual applying for the permission to take the qualification examination shall be notified of the decision in writing within three days of the decision date. In case of the decision to refuse the individual the permission to take the qualification examination, the reasons for the refusal must be specified in the decision of the qualification commission.

6. Once the grounds for the decision of the qualification commission to refuse an individual the permission to take the qualification examination have been made good, the individual shall have the right to re-apply to the qualification commission for the permission to take the examination in accordance with the procedure specified by this Law.

Article 26.Qualification Examination.

1. The qualification commission shall hold a qualification examination within three months of granting an individual the permission to take the qualification examination.

2. Individuals permitted to take the qualification examination shall be notified of its date and time. The information about the qualification examination shall also be published on the web site of the Ministry of Justice of Ukraine and the National Private Enforcement Officers Council of Ukraine. Representatives of mass media and civic associations shall have the right to be present during the qualification examination.

3. The qualification examination shall be held by means of automated anonymous testing of an individual willing to exercise the private enforcement officer activity.

4. A fee shall be paid for the qualification examination by the individual willing to exercise the private enforcement officer activity in the amount specified by the Cabinet of Ministers of Ukraine.

5. An individual who has passed a qualification examination successfully, the Ministry of Justice of Ukraine shall issue a private enforcement officer certificate and a private enforcement officer identity card on the basis of the relevant decision of the qualification commission within ten days of the qualification examination.

6. A person, who has failed the qualification examination, may be permitted to sit the examination again in six months at the earliest.

Article 27. Oath of a Private Enforcement Officer

1. An individual who has obtained a private enforcement officer certificate shall take oath of the following contents in accordance with the procedure specified by the National Private Enforcement Officers Council of Ukraine:

“I, (name and surname), solemnly swear to be committed to Ukraine, to adhere to the Constitution and laws of Ukraine, the private enforcement officer professional ethics rules, the principles of rule of law, lawfulness and independence, to maintain professional secrecy, to perform duties vested in myself honestly and thoroughly in exercising the private enforcement officer activity.”

3. The signed private enforcement officer oath text shall be kept by the Ministry of Justice of Ukraine.

3. The exercise of activities by a private enforcement officer, who has not taken the oath, shall be prohibited.

Article 28. Commencement of the Exercise of the Private Enforcement Officer Activity.

1. A private enforcement officer shall notify the Ministry of Justice of Ukraine of commencement of the exercise of his or her activity.

2. The notice of activity commencement must specify:

1) the information about the office of the private enforcement officer;

2) the details of a contract of insurance of the third-party liability of a private enforcement officer, the contract validity period, the details of an insurer and the indemnity amount;

3. On the next day of receipt of the notice at the latest, the Ministry of Justice of Ukraine shall enter the information about the private enforcement officer into the Universal Private Enforcement Officer Register.

A private enforcement officer shall have the right to commence his or her activity from the date of entry of the information into the Universal Private Enforcement Officer Register of Ukraine.

4. The Ministry of Justice of Ukraine shall notify revenue and duties agencies in the place of permanent residence of the private enforcement officer about the commencement of the private enforcement officer activity.

Article 29. Universal Private Enforcement Officer Register.

1. The Ministry of Justice of Ukraine shall cause a Universal Private Enforcement Officer Register to be maintained.

2. The Universal Private Enforcement Officer Register shall contain information about:

1) the last, first and patronymic names (if any) of the private enforcement officer;

2) the date and the number of a decision to issue a private enforcement officer certificate;

3) the issue date and the number of a private enforcement officer certificate;

4) the office of a private enforcement officer;

5) the details of a contract of insurance of the third-party liability of a private enforcement officer, the contract validity period, the information about an insurer and the indemnity amount;

6) the information about bank accounts to be used to keep funds collected from obligors;

7) the suspension of the right to exercise the private enforcement officer activity;

8) the date and the number of a decision to draw a private enforcement officer to the disciplinary liability, and the type of a disciplinary penalty;

9) the date and the number of a decision to annul a private enforcement officer certificate;

10) assistants to a private enforcement officer.

3. The Ministry of Justice of Ukraine shall be required to enter appropriate changes into the Universal Private Enforcement Officer Register on the next day of receipt of the information to be entered into the Universal Private Enforcement Officer Register under this Law at the latest.

4. The information contained in the Unified Register of Private Enforcement Officers of Ukraine shall be accessed via the Internet at the official web site of the Ministry of Justice of Ukraine with the provision of facilities for searching, viewing, copying and printing using popular web browsers and word processors without the need to apply hardware and software specifically developed for this purpose on a 24/7 basis, without restrictions or fees.

Chapter3.

EXERCISE OF THE PRIVATE ENFORCEMENT OFFICER ACTIVITY

Article 30. Insurance of the Third-party Liability of a Private Enforcement Officer.

1. Prior to the commencement of his or her activities, a private enforcement officer must procure third-party liability insurance.

2. The exercise of the private enforcement officer activity without a valid third-party liability insurance contract shall be prohibited.

3. A private enforcement officer shall notify the Ministry of Justice of Ukraine of the entry into an insurance contract for a new period for the information to be entered into the Universal Private Enforcement Officer Register ten days prior to the expiry date of the ongoing insurance contract at the latest.

4. The National Private Enforcement Officers Council of Ukraine shall be required to exercise control over the validity of insurance contracts of private enforcement officers.

5. The minimum indemnity limit under a third-party liability insurance contract shall amount to 300 minimum salaries. The Cabinet of Ministers of Ukraine shall have the right to increase the minimum insurance contract indemnity limit for certain enforcement actions.

6. A private enforcement officer shall not have the right to take enforcement actions, if the amount collectible under an enforcement document exceeds the indemnity limit under the third-party liability insurance contract of a private enforcement officer. In this case, a private enforcement officer shall be required to enter into an insurance contract with an appropriate indemnity limit.

7. The procedure and other conditions of insurance of the third-party liability of a private enforcement officer shall be specified by the Cabinet of Ministers of Ukraine.

Article 31. Office of a Private Enforcement Officer.

1. Before the commencement of activity, a private enforcement officer shall be obliged to set up an office with proper conditions for the reception of visitors, the storage of documents, seals, stamps, valuables, and the archive of the private enforcement officer.

2. The office of a private enforcement officer must ensure the preservation of professional secrecy, and be protected against unauthorized entry.

3. The information about the office of a private enforcement officer shall be entered into the Universal Private Enforcement Officer Register.

4. The information about the office of a private enforcement officer shall include:

- the mailing address of the office;

- the telephone number and the fax number of the office;

the e-mail address;

the mobile telephone number of the private enforcement officer.

5. If two or more private enforcement officers exercise activity within the same office on the basis of co-operation agreements, the office of private enforcement officers must make it possible for each private enforcement officer to run his or her activity simultaneously with, and independently from, another private enforcement officer, including, for instance, the assurance of the separate storage of documents, seals, stamps, valuables, documents, and the archive of the private enforcement officer.

5. A private enforcement officer must notify the Ministry of Justice of Ukraine of a change in the office address or communication facility numbers immediately.

6. An office of a private enforcement officer must enable the reception of individuals for at least 20 hours per week.

7. The information about private enforcement officers, whose office is situated within the territory of the relevant court district, shall be displayed on the premises of the relevant court.

Article 32. Organization of the Private Enforcement Officer Activity

1. A private enforcement officer shall operate in accordance with the procedure prescribed by the legislation on enforcement proceedings.

2. A private enforcement officer may exercise his or her duties on his or her own or together with other private enforcement officers, for instance, in the same office, on the basis of contracts concluded between them.

3. A private enforcement officer may involve internal affairs agencies for support in the performance of enforcement actions for the purposes of the proper performance of his or her duties.

The involvement of internal affairs agencies for the support to the performance of enforcement actions shall take place on the basis of a motivated petition by a private enforcement officer; internal affairs agencies may not refuse to participate in a private enforcement officer’s taking enforcement actions.

4. An individual shall not have the right to exercise the private enforcement officer activity upon entry of a record of suspension or termination of the right to exercise private enforcement officer activity into the Universal Private Enforcement Officer Register of Ukraine.

5. In addition to powers listed in the legislation on enforcement proceedings, a private enforcement officer shall have the right to provide the following services:

1) the provision of legal advice;

2) the compilation of legal documents;

3) the mediation of relations governed by the civil law.

6. A private enforcement officer shall have an identity card and a seal, whose description and use procedure are to be specified by the Ministry of Justice of Ukraine.

7. The private enforcement officer document and archive management procedure shall be specified by the Ministry of Justice of Ukraine in concurrence with the specifically authorized central executive agency in the field of archives and document management.

8. A private enforcement officer shall be obliged to ensure the storage of documents and the archive of the private enforcement officer during the entire period of the exercise of activity.

9. A private enforcement officer shall be obliged to submit information about his or her activity to the Ministry of Justice of Ukraine in accordance with the procedure prescribed by the Ministry of Justice of Ukraine.

10. A private enforcement officer shall be required to pay membership fees to the National Private Enforcement Officers Council of Ukraine.

Article 33. Assistant to a Private Enforcement Officer.

1. A private enforcement officer shall have the right to have assistants, who work on the basis of an employment agreement (contract) concluded with the private enforcement officer.

2. A citizen of Ukraine, who has higher education in law, is fluent in the official state language and has undergone training in accordance with the procedure prescribed by the National Private Enforcement Officers Council of Ukraine, may be an assistant to a private enforcement officer.

3. An individual from categories covered by items 2 to 8 of part three of Article 23 hereof may not be an assistant to a private enforcement officer.

An assistant to a private enforcement officer shall be prohibited from combining the work for an assistant to a private enforcement officer with activities not compatible with the private enforcement officer activity.

The relevant provisions must be set forth in the employment agreement (contract).

4. A private enforcement officer must notify the Ministry of Justice of Ukraine of the commencement of performance of duties by an assistant to a private enforcement officer for the entry of the relevant information into the Universal Private Enforcement Officer Register of Ukraine.

Article 34. Rights and Duties of an Assistant to a Private Enforcement Officer.

1. An assistant to a private enforcement officer shall work under the guidance and oversight of a private enforcement officer. A private enforcement officer shall be responsible for activities of the assistant during the performance of enforcement actions, including the liability for damage caused by an assistant to a private enforcement officer to parties to the enforcement proceedings and third parties.

2. The assistant to a private enforcement officer shall be obliged to perform his or her professional duties in accordance with laws of Ukraine, terms and conditions of the employment agreement (contract), comply with directions and instructions of the private enforcement officer; maintain professional secrecy, and develop his or her professional level at all times.

3. An assistant to a private enforcement officer may compile documents on the performance of enforcement actions; receive individuals and legal entities; manage documents and the archive of the private enforcement officer; take other action on instruction of the private enforcement officer, except for the return of an enforcement document; the opening, suspension or completion of the enforcement proceedings; the garnishment of an obligor’s property; the seizure of property and the conveyance thereof for sale; the charging of penalties from individuals and legal entities.

Article 35. Termination and Suspension of Activities of an Assistant to a Private Enforcement Officer

1. The activities of an assistant to a private enforcement officer co-operation shall be terminated in case of:

1) the termination of labor relations with the private enforcement officer on grounds specified by the employment legislation and the employment agreement (contract);

2) the termination of the right to exercise the private enforcement officer activity.

2. Activities of an assistant to a private enforcement officer shall be suspended simultaneously with the suspension of the right to exercise the private enforcement officer activity.

3. A record of suspension of activities of an assistant to a private enforcement officer shall be entered by the Ministry of Justice of Ukraine into the Universal Private Enforcement Officer Register.

Article 36. State Duty, Fee of a Private Enforcement Officer, and Advance Payment to Cover Expenses on the Organization and Performance of Enforcement Actions

1. A claimant shall pay a state duty for the opening of enforcement proceedings to the State Budget of Ukraine at the rate of 0.1 per cent of the claim value on the basis of the enforcement document, but not more than 10 per cent of a minimum salary amount.

2. A private enforcement officer shall be remunerated for the performance of enforcement actions.

3. The fee of a private enforcement officer shall consist of the base and supplementary components.

4. The base fee shall be set depending on enforcement actions to be taken in the course of enforcement proceedings as a fixed amount for the performance of an enforcement action or as a percentage of an amount collectible under an execution document.

The amount of the base fee of a private enforcement officer shall be set by the Cabinet of Ministers of Ukraine on the basis of a proposal of the Ministry of Justice of Ukraine concurred with the National Private Enforcement Officers Council of Ukraine.

5. The base fee of a private enforcement officer shall be collected from the obligor together with the amount to be recovered under an execution document.

6. If the amount referred to in part five of this article is recovered partially, the amount of the base fee of a private enforcement officer determined as a percentage of the amount of recovery shall be paid in proportion to the amount actually recovered.

7. The base fee determined as a fixed amount shall be collected after the complete enforcement of a decision.

8. A private enforcement officer shall calculate the base fee in accordance with the procedure prescribed by the Ministry of Justice of Ukraine, and familiarize the claimant with the calculation simultaneously with opening the enforcement proceedings.

A private enforcement officer shall be obliged to explain the procedure of the payment and the collection of the base fee of a private enforcement officer to the parties to enforcement proceedings.

9. A contract providing for the payment of a supplementary fee to a private enforcement officer may be concluded between a private enforcement officer and a claimant. A claimant shall pay the supplementary fee solely at own expense.

10. A private enforcement officer shall be prohibited from entering into agreements aimed at changing the value of the base fee or the procedure of its collection.

11. Joint obligors shall incur a joint and several obligation to pay the base fee.

12. The expenses related to the organization and performance of enforcement actions shall be reimbursed in accordance with the procedure prescribed by the Law of Ukraine “On Enforcement Proceedings”.

13. A contract providing for the advance payment of expenses related to the organization and performance of enforcement actions may be concluded between a private enforcement officer and a claimant.

14. A private enforcement officer shall be obliged to seek concurrence of the claimant to expenses related to the organization and performance of enforcement actions in case of the advance payment thereof by the claimant.

Article 37. Keeping of Funds.

1. A private enforcement officer shall be authorized to accept funds, securities or other valuables handed over to him or her or seized from the obligor as a result of the performance of enforcement actions for the subsequent hand-over to the claimant.

2. A private enforcement officer shall open an account for keeping and administering funds collected from obligors in accordance with the procedure prescribed by the National Bank of Ukraine.

A private enforcement officer shall notify the Ministry of Justice of Ukraine of bank accounts used to keep collected funds on the date of opening such accounts.

3. A private enforcement officer shall lodge cash funds collected from an obligor to the account referred to in part two of this article within three days.

4. A private enforcement officer shall keep his or her own funds on dedicated accounts.

5. Funds, securities or other valuables referred to in part one of this article shall not be included in the mass of the succession estate in the event of a private enforcement officer’s death; they may not be seized or collected under the debt of the private enforcement officer.

6. In case of the annulment of a private enforcement officer certificate, bank offices, where accounts have been opened to keep funds collected from an obligor, must transfer the balance of funds from such accounts to the account of a private enforcement officer, to whom the enforcement proceedings have been handed over for the continued performance of enforcement actions.

Article 38. Qualification development.

1. A private enforcement officer must undergo qualification development every three years of the date of obtainment of a private enforcement officer certificate, and pass an examination by way of automated anonymous testing.

2. A private enforcement officer, whose activity has been suspended at the time of the qualification development, must undergo the qualification development before the resumption of the activity.

3. The procedure of the qualification development shall be approved by the Ministry of Justice of Ukraine in concurrence with the National Private Enforcement Officers Council of Ukraine.

4. A private enforcement officer, who has failed an examination, may re-take the examination within three months.

5. The repeated examination shall be taken before a qualification commission.

Chapter4.

CHALLENGE TO, AND SUBSTITUTION FOR, A PRIVATE ENFORCEMENT OFFICER

Article 39. Challenge to a Private Enforcement Officer.

1. Subject to the existence of grounds for the challenge under the legislation on enforcement proceedings or a conflict of interest, a private enforcement officer must recuse and notify thereof the claimant.

2. In case of the recusal, a private enforcement officer shall be obliged to return an enforcement document to a claimant or hand it over to another private enforcement officer nominated by the claimant.

Article 40. Substitution for a Private Enforcement Officer.

1. In case of the temporary absence due to vacation, illness, business trip or on other grounds, a private enforcement officer may or, if the period of temporary absence exceeds ten business days, must solve the issue of substitution by another private enforcement officer.

2. A private enforcement officer shall be substituted on the basis of a contract concluded with another private enforcement officer in concurrence with the claimant.

In case of disagreement by the claimant, the private enforcement officer shall return the enforcement document to the claimant or hand it over to another private enforcement officer specified by the claimant.

3. The private enforcement officer substituting for a private enforcement officer shall perform enforcement actions on his or her own, and affix his or her personal seal.

Such a private enforcement officer must maintain separate documentation in lieu of the private enforcement officer being substituted.

4. The substitution for a private enforcement officer shall be terminated on the date of resumption of activity by the private enforcement officer.

Chapter5.

PRIVATE ENFORCEMENT OFFICER ACTIVITY CONTROL

Article 41. Private Enforcement Officer Activity Control by the Ministry of Justice of Ukraine.

1. The control over the private enforcement officer activity shall be exercised by the Ministry of Justice of Ukraine by means of scheduled and off-schedule inspections in accordance with the procedure prescribed by the Ministry of Justice of Ukraine.

2. Scheduled inspections shall be conducted not more than once in two years subject to the obligatory notification of the private enforcement officer of the date and venue of the inspection at least 10 days before its beginning. Prior periods that have been inspected earlier may not be inspected subsequently, except for inspections based on petitions of an individual or a legal entity.

3. Off-schedule inspections shall be carried out on the basis of:

1) petitions of parties to enforcement proceedings, if the violation of the legislation by a private enforcement officer in the course of the performance of enforcement actions is evident from such petitions;

2) the failure of a private enforcement officer to submit information needed for the maintenance of the Universal Private Enforcement Officer Register within time frames prescribed by this Law;

3) the submission of the false information about the exercise of activity or the failure to submit the same without valid reasons by a private enforcement officer to the Ministry of Justice of Ukraine;

4) the violation of the procedure of maintenance of the Universal Enforcement Proceedings Register by a private enforcement officer.

4. Only the issues, in whose respect the need for the verification has become the ground for the said inspection, shall be clarified in the course of the off-schedule inspection. A repeated inspection of issues, which have already been inspected, shall be disallowed, unless provided for by this Law.

5. Inspections shall be categorized as on-site and off-site inspections on the basis of the venue thereof.

6. In case of an off-schedule off-site inspection, the Ministry of Justice of Ukraine shall send the private enforcement officer a written request within the scope of the petition subject. The private enforcement officer shall issue a motivated response and copies of the relevant documents to the Ministry of Justice of Ukraine within the time frame specified in the request.

7. In case of the detection of a disciplinary violation by a private enforcement officer in the course of control measures, the Ministry of Justice of Ukraine shall submit a proposal to the disciplinary commission calling for the disciplinary liability of the private enforcement officer.

Article 42. Control over the Private Enforcement Activity by the Private Enforcement Officers Council

1. The National Private Enforcement Officers Council of Ukraine shall have the right to inspect a private enforcement officer activity for the conformity with the following documents on request of a party to enforcement proceedings or on own initiative:

1) the Charter of the National Private Enforcement Officers Council of Ukraine;

2) the Private Enforcement Officer Professional Ethics Code;

3) policies and other decisions of the National Private Enforcement Officers Council of Ukraine related to the activity of private enforcement officers.

2. The inspection of a private enforcement officer activity by the National Private Enforcement Officers Council of Ukraine shall be carried out by means of sending a written inquiry within the scope of the inspection subject to the private enforcement officer. A private enforcement officer must provide clarification and copies of the relevant documents to the National Private Enforcement Officers Council of Ukraine within fifteen days of receipt of the inquiry by the private enforcement officer.

3. The National Private Enforcement Officers Council of Ukraine shall be obliged to review the available materials for the existence of features of a breach of discipline in actions of a private enforcement officer within 30 days of receipt of the clarification from the private enforcement officer or the deadline for receipt of such clarification in case of the failure to provide the same, and solve the issue of submitting a proposal on disciplining the private enforcement officer to the disciplinary commission.

Article 43. Disputing Decisions, Actions and Inaction of a Private Enforcement Officer.

1. Decisions, actions or inaction of a private enforcement officer in respect of the enforcement of decisions may be disputed at court.

Chapter6.

LIABILITY OF A PRIVATE ENFORCEMENT OFFICER

Article 44. Liability of a Private Enforcement Officer.

1. A private enforcement officer shall incur civil-law, administrative, disciplinary or criminal liability for his or her actions, and the damage caused to the third parties in accordance with the procedure and within the scope specified by laws.

2. Private enforcement officers shall be subject to the disciplinary liability according to the procedure established by law.

3. The Ministry of Justice of Ukraine shall apply disciplinary sanctions to private enforcement officers on the basis of a proposal of the disciplinary commission.

Article 45. Breach of Discipline

1. The non-performance or the improper performance of the duties through the fault of a private enforcement officer shall be treated as a breach of discipline.

2. The following shall be categorized as a breach of discipline under part one of this article:

1) the detection of facts of violations of the legislation on enforcement proceedings by a private enforcement officer detected as a result of the exercise of control over the private enforcement officer activity by the Ministry of Justice of Ukraine;

2) the detection of violations of documents referred to in part one of Article 42 hereof detected as a result of the inspection of the private enforcement officer activity by the National Private Enforcement Officers Council of Ukraine.

Article 46. Disciplinary Commission.

1. The disciplinary commission shall be established to consider issues related to the disciplinary liability of private enforcement officers for the perpetration of breaches of discipline and the organization of the verification of published facts demeaning a private enforcement officer.

2. The charter of the disciplinary commission shall be approved by the Ministry of Justice of Ukraine.

3. The disciplinary commission shall consist of seven members, of whom three members shall be appointed by the Ministry of Justice of Ukraine and the National Private Enforcement Officers Council of Ukraine each, and one member shall be appointed by the Anti-corruption Bureau of Ukraine.

These bodies shall have the right to elect their representatives, judges, researchers and specialists in the field of law, as well as private enforcement officers as members of the disciplinary commission representing them.

3. The membership of the commission shall be approved with an order of the Ministry of Justice of Ukraine. The Minister of Justice of Ukraine shall be the chair of the disciplinary commission.

4. The term of office of the disciplinary commission shall be 2 years.

5. The disciplinary commission shall:

1) consider proposals of the Ministry of Justice of Ukraine and the National Private Enforcement Officers Council of Ukraine on the disciplinary liability of private enforcement officers;

2) send complaints on activities of private enforcement officers to the Ministry of Justice of Ukraine or the National Private Enforcement Officers Council of Ukraine for verification;

3) organize the verification of published facts demeaning a private enforcement officer, and take measures to refute the same;

4) make decisions on the disciplinary penalty to be applied to a private enforcement officer on the basis of proposals of the Ministry of Justice of Ukraine or the National Private Enforcement Officers Council of Ukraine.

5. The disciplinary commission shall be deemed competent, if at least five commission members are present.

6. Decisions of the disciplinary commission shall be made at its meeting by the simple majority vote of commission members present at the meeting.

The vote of the Disciplinary Commission Chairman shall be the casting vote in case of the equal distribution of votes.

7. A decision of the disciplinary commission shall be executed in the form of the minutes to be signed by all commission members present at the meeting.

8. Representatives of the National Private Enforcement Officers Council of Ukraine, non-governmental organizations and mass media may be present at a meeting of the disciplinary commission.

Article 47. Consideration of Issues Related to the Disciplinary Liability of a Private Enforcement Officer.

1. If the Ministry of Justice of Ukraine has made a decision to submit a proposal to the disciplinary commission to discipline a private enforcement officer as a result of exercise of private enforcement officer activity control measures and if there is an evident risk of the continued violation of interests of the state or the third parties by the private enforcement officer in question, the Ministry of Justice of Ukraine may suspend the right to exercise private enforcement officer activity until the disciplinary commission makes the relevant decision, but for not longer than two months.

2. In case of the ascertainment of circumstances referred to in part one of this article in the course of the inspection of a private enforcement officer by the National Private Enforcement Officers Council of Ukraine, the National Private Enforcement Officers Council of Ukraine may petition the Ministry of Justice of Ukraine for the suspension of the right to exercise private enforcement officer activity.

The Ministry of Justice of Ukraine shall have the right to suspend the right to exercise activity in respect of the private enforcement officer in question as a result of review of the petition.

3. The disciplinary commission shall consider the proposal on disciplining a private enforcement officer and make a decision to discipline a private enforcement officer within two months of the date of detection of the breach of discipline, but not later than within a year of the said breach of discipline.

4. If a proposal on disciplining a private enforcement officer has been submitted to the disciplinary commission as a result of an inspection of the private enforcement officer activity carried out on the basis of a complaint by a party to enforcement proceedings, which is an object of litigation related to disputing decisions, actions or inaction of a private enforcement officer at the same time, the disciplinary commission shall postpone its examination of the said petition until the effective date of the court decision as a result of examination of the said complaint.

In this case, the counting of time frames referred to in parts one to three of this article shall be suspended until the effective date of the court decision.

5. While considering the issue of disciplining a private enforcement officer, the disciplinary commission:

1) must invite the private enforcement officer to the meeting, and hear his or her explanations with regard to issues underlying the submission of the proposal on disciplining a private enforcement officer;

2) may invite a party to enforcement proceedings, whose complaint provided the ground for the inspection of the private enforcement officer activity and the submission of the proposal on disciplining a private enforcement officer, for the provision of additional explanations on the merits of the complaint;

3) may invite experts in the field of law, representatives of state authorities and local self-government bodies, and other persons subject to their consent to its meeting, and hear their opinions.

6. While considering the issue of disciplining a private enforcement officer, the disciplinary commission shall make one of the following decisions:

1) to grant the proposal and discipline the private enforcement officer;

2) to reject the proposal and send materials for the repeated inspection of a private enforcement officer;

3) to reject the proposal and not to discipline the private enforcement officer.

7. If the disciplinary commission has made a decision to grant the proposal and discipline the private enforcement officer, the disciplinary commission shall consider the degree of fault of the private enforcement officer, the gravity of his or her breach of discipline, and the fact of application of prior disciplinary sanctions against the private enforcement officer in question, while determining the disciplinary sanction.

Article 48. Disciplinary Sanctions

1. The following shall be disciplinary sanctions applied against private enforcement officers:

1) a warning;

2) a reprimand;

3) the re-taking of the qualification examination by a private enforcement officer;

4) the suspension of the right to exercise private enforcement officer activity for up to six months;

5) the termination of the right to exercise private enforcement officer activity.

2. The Ministry of Justice of Ukraine shall apply a disciplinary sanction to a private enforcement officer on the basis of a proposal of the disciplinary commission.

3. A record of a disciplinary sanction applied against a private enforcement officer shall be entered into the Universal Private Enforcement Officer Register of Ukraine.

4. If a private enforcement officer has not perpetrated a new breach of discipline within one year of being disciplined, he or she shall be deemed to not have been disciplined.

Chapter 7.

SUSPENSION AND TERMINATION OF THE RIGHT TO EXERCISE PRIVATE ENFORCEMENT OFFICER ACTIVITY

Article 49. Suspension of the Right to Exercise Private Enforcement Officer Activity

1. The right to exercise private enforcement officer activity shall be suspended in the following cases:

1) on his or her own initiative on the basis of a statement of activity suspension by the private enforcement officer—in case of the election or the appointment of the private enforcement officer to an office or the exercise of an activity incompatible with the private enforcement officer activity, or the failure to exercise the private enforcement officer activity over a prolonged period;

2) in case of the substitution of a private enforcement officer by another private enforcement officer—for the period of the said substitution;

3) if the private enforcement officer has failed to enter into a third-party liability insurance contract or if the indemnity limit does not meet the requirements hereof—until the deficiencies are made good, but for not more than one month of the detection of the circumstances in question;

4) in case of the submission of a proposal on disciplining a private enforcement officer to the disciplinary commission—for the period and in accordance with the procedure prescribed by parts one and two of Article 47 hereof;

5) in case of disciplining a private enforcement officer in the form of the suspension of the right to exercise private enforcement officer activity—for a period specified in the decision of the Ministry of Justice of Ukraine to discipline a private enforcement officer;

6) in case of the application of a preventive measure in the form of the house arrest against a private enforcement officer as a suspect or an indictee in criminal proceedings with the prohibition to live home during working hours, or the taking into custody—for the period of application of the preventive measure;

7) in case of the failure of a private enforcement officer to pay membership fees to the National Private Enforcement Officers Council of Ukraine.

2. A private enforcement officer shall be obliged to notify the Ministry of Justice of Ukraine of the suspension of activity on the grounds referred to in items 1 and 2 of part one of this article at least three business days in advance.

3. The suspension of the private enforcement officer activity on the basis of item 1 of part one of this article by a private enforcement officer who has outstanding enforcement proceedings shall be disallowed.

4. A private enforcement officer must solve the issue of substitution by another private enforcement officer in accordance with the procedure prescribed by Article 40 hereof in case of the suspension of his activity on the basis of items 3, 4, 6, and 7 of part one of this article.

5. In case of the suspension of the right to exercise private enforcement officer activity on the grounds of item 5 of part one of this article, the private enforcement officer must hand over the enforcement documents to another private enforcement officer or return them to claimants.

6. The suspension of the right to exercise private enforcement officer activity on the grounds of item 7 of part one of this article shall be enforced by the Ministry of Justice of Ukraine on the basis of a proposal by the National Private Enforcement Officers Council of Ukraine.

7. The right to exercise private enforcement officer activity shall be suspended on the basis of a decision of the Ministry of Justice of Ukraine subject to the existence of grounds referred to in this article.

8. Starting from the date of entry of the information about the suspension of the right to exercise activity into the Universal Private Enforcement Officer Register of Ukraine, a private enforcement officer shall be prohibited from exercising any activity, other than the transfer of enforcement documents to another private enforcement officer.

9. A decision of the Ministry of Justice of Ukraine to suspend the right to exercise private enforcement officer activity may be disputed at court.

Article 50. Restoration of the Right to Exercise Private Enforcement Officer Activity

1. In case of the suspension of the right to exercise private enforcement officer activity on the grounds of items 1 to 3 and 6 of part one of Article 49 hereof, it shall be restored on the basis of an appropriate application by the private enforcement officer.

2. The application of the private enforcement officer shall be supported with a private enforcement officer third-party liability insurance contract and the evidence of payment thereunder for the purposes of restoration of the right to exercise private enforcement officer activity suspended on the grounds of item 3 of part one of Article 49 hereof.

3. The statement of a private enforcement officer shall be supported with the evidence of modification or expiry of preventive measures for the purposes of resumption of the private enforcement officer activity suspended on the grounds of item 6 of part one of Article 49 hereof.

4. The right to exercise private enforcement officer activity suspended on the grounds of item 7 of part one of Article 49 hereof shall be resumed on the basis of the relevant proposal by the National Private Enforcement Officers Council of Ukraine.

5. The private enforcement officer activity shall be resumed on the basis of a decision of the Ministry of Justice of Ukraine from the date of entry of the said decision into the Universal Private Enforcement Officer Register of Ukraine.

6. The Ministry of Justice of Ukraine must make a decision to restore the right to exercise private enforcement officer activity within three business days of the ascertainment of circumstances for the restoration thereof or the termination of circumstances providing the ground for the decision to suspend the said right.

Article 51. Termination of the Right to Exercise the Private Enforcement Officer Activity

1. The right to exercise private enforcement officer activity shall be terminated by means of the annulment of the private enforcement officer certificate, if:

1) the private enforcement officer submitted an application for the termination of the right to exercise private enforcement officer activity;

2) the Ministry of Justice of Ukraine has ascertained the fact of non-conformity of a private enforcement officer with requirements of Article 23 hereof;

3) a private enforcement officer has been subjected to the disciplinary penalty in the form of the termination of the right to exercise private enforcement officer activity;

4) the private enforcement officer has failed to enter into a third-party liability insurance contract within one month of the date of suspension of the right to exercise private enforcement officer activity on the grounds of item 3 of part one of Article 49 hereof;

5) the private enforcement officer has failed to undergo qualification development in accordance with the procedure prescribed by Article 38 hereof;

6) the fact of provision of the false information for the obtainment of a private enforcement officer certificate by the private enforcement officer has been ascertained;

7) a private enforcement officer has left Ukraine for a permanent place of residence;

8 a private enforcement officer has been found missing or deceased;

9) the death of a private enforcement officer.

2. In case of the ascertainment of grounds referred to in part one of this article, the Ministry of Justice of Ukraine shall make a decision to terminate the right to exercise private enforcement officer activity.

3. The Ministry of Justice of Ukraine shall make a decision to terminate the right to exercise private enforcement officer activity on the grounds of item 1 of part one of this article subject to the lack of outstanding enforcement proceedings, and the provision of evidence of the transfer of documents and the archive of the private enforcement officer to the appropriate state archive.

4. The information about the decision of the Ministry of Justice of Ukraine to terminate the right to exercise private enforcement officer activity shall be entered into the Universal Private Enforcement Officer Register of Ukraine.

Article 52. Procedure of Termination of the Private Enforcement Officer Activity and Transfer of Enforcement Documents

1. A private enforcement officer must terminate his or her activity from the date of entry of the information about the termination of the right to exercise private enforcement officer activity into the Universal Private Enforcement Officer Register of Ukraine.

2. In case of the termination of the right to exercise private enforcement officer activity on the grounds of items 2 to 9 of part one of Article 51 hereof, the National Private Enforcement Officers Council of Ukraine shall nominate a provisional private enforcement officer, who must take measures on the termination of the private enforcement officer activity within three months.

3. The provisional private enforcement officer shall solve the issue of the handing-over of enforcement documents to be enforced by the private enforcement officer, whose right to exercise private enforcement officer activity has been terminated, and transfer the documents and the archive of the said private enforcement officer to the appropriate state archive.

4. Enforcement documents shall be handed over to a private enforcement officer specified by the claimant or returned to the claimant.

The procedure of the handing-over of enforcement documents from one private enforcement officer (provisional private enforcement officer) to another one shall be specified by the Ministry of Justice of Ukraine.

Chapter 8.
SELF-GOVERNMENT OF PRIVATE ENFORCEMENT OFFICERS

Article 53. Principles of the Self-government of Private Enforcement Officers.

1. The self-government of private enforcement officers shall be based on principles of election, transparency, accountability, and binding nature of decisions of self-government bodies for private enforcement officers.

2. Only private enforcement officers, whose details have been entered into the Universal Private Enforcement Officer Register, may take part in the work of private enforcement officer self-government bodies and be elected the members thereof.

3. Private enforcement officers elected to offices of the Chair, deputy chairs of the Private Enforcement Officers Council and members of regional private enforcement officer councils shall have the right to reject enforcement documents from individuals or legal entities during the exercise of the relevant powers.

Article 54. National Private Enforcement Officers Council of Ukraine

1. The National Private Enforcement Officers Council of Ukraine shall be a non-state non-commercial professional organization uniting all private enforcement officers of Ukraine and established to ensure the achievement of objectives of the self-government of private enforcement officers.

2. The National Private Enforcement Officers Council of Ukraine shall be a legal entity operating via organizational forms of the self-government of private enforcement officers prescribed by this Law.

3. The National Private Enforcement Officers Council of Ukraine shall:

1) represent private enforcement officers of Ukraine in their relations with state authorities, local self-government bodies, their officials and officers, enterprises, institutions and organizations regardless of ownership forms, civic associations and international organizations;

2) defend professional rights of private enforcement officers;

3) ensure the high professional level and development of private enforcement officers;

4) ensure the professional prestige of private enforcement officers;

5) exercise other powers in accordance with this Law.

4. The National Private Enforcement Officers Council of U shall be established by the congress of private enforcement officers of Ukraine, and may not be reorganized. The National Private Enforcement Officers Council of Ukraine may only be liquidated on the basis of a law.

5. The Charter of the National Private Enforcement Officers Council of Ukraine shall be approved by the congress of private enforcement officers of Ukraine and shall be its constituting document.

6. All private enforcement officers in possession of a private enforcement officer certificate shall become members of the National Private Enforcement Officers Council of Ukraine upon the state registration thereof.

7. A private enforcement officer shall become a member of the National Private Enforcement Officers Council of Ukraine from the date of entry of his or her information into the Universal Private Enforcement Officer Register of Ukraine.

8. The membership in the National Private Enforcement Officers Council of Ukraine shall be suspended in case of the suspension of the right to exercise private enforcement officer activity.

9. The budget of the National Private Enforcement Officers Council of Ukraine shall be set up from membership fees paid by private enforcement officers and other proceeds in accordance with charter documents of the National Private Enforcement Officers Council of Ukraine.

Article 55. Bodies of the National Private Enforcement Officers Council of Ukraine

1. The National Private Enforcement Officers Council of Ukraine shall have the following bodies:

1) a congress of private enforcement officers of a region (the Autonomous Republic of Crimea, an oblast, cities of Kyiv and Sevastopol);

2) a Regional Private Enforcement Officers Council (of the Autonomous Republic of Crimea, an oblast, cities of Kyiv and Sevastopol);

3) the Private Enforcement Officers Council of Ukraine;

4) the Chair of the Private Enforcement Officers Council of Ukraine;

5) the audit commission;

6) the congress of private enforcement officers of Ukraine.

2. The National Private Enforcement Officers Council of Ukraine may establish other bodies needed to exercise powers vested therein by this Law.

Article 56. Regional Congress of Private Enforcement Officers.

1. A regional congress of private enforcement officers shall be convened by a regional private enforcement officer council as necessary, but at least once a year. A regional congress of private enforcement officers may also be convened on the basis of a proposal of the Private Enforcement Officers Council of Ukraine or at least one tenth of the total number of private enforcement officers of a region holding an office in the relevant region.

2. The information about a regional congress of private enforcement officers and its agenda shall be published on the web site of the National Private Enforcement Officers Council of Ukraine.

3. The procedure of organizing and holding a regional congress of private enforcement officers shall be specified by the Private Enforcement Officers Council of Ukraine.

4. A regional congress of private enforcement officers shall be deemed competent, if attended by more than a half of private enforcement officers holding an office in the relevant region. If the first congress has not taken place due to the lack of quorum, a repeated congress shall be deemed competent, if attended by at least 30 per cent of private enforcement officers holding an office in the relevant region.

5. A regional congress of private enforcement officers shall have the following powers:

1) to elect and to early revoke the chair and members of the regional private enforcement officer council;

2) to consider and approve a report of the regional private enforcement officer council and the Chair of the regional private enforcement officer council;

3) to control activities of regional bodies established by the National Private Enforcement Officers Council of Ukraine;

4) to exercise other powers specified by the National Private Enforcement Officers Council of Ukraine.

6. The regional congress of private enforcement officers shall make decisions by the vote of majority of congress participants.

7. The chair and members of the regional private enforcement officer council shall be elected by way of secret rating-based vote.

Article 57. Regional Private Enforcement Officer Council

1. The functions of the self-government of private enforcement officers during the period between regional congresses of private enforcement officers shall be exercised by the regional private enforcement officer council.

2. The chair and members of the regional private enforcement officer council shall be elected by the regional congress of private enforcement officers from private enforcement officers holding an office in the region in question.

3. The term of office of the regional private enforcement officer council shall be three years. One and the same person may not be a chair or a member of the regional private enforcement officer council for more than two consecutive terms.

4. A regional private enforcement officer council shall have 3 members; this number may be increased on the basis of the relevant decision of the Private Enforcement Officers Council of Ukraine.

5. The members of the regional private enforcement officer council shall elect the deputy chairman and the secretary of the council at their first session on the basis of the proposal of the council chairman.

The chairman, the deputy chairman, the secretary, a member of the regional private enforcement officer council may be revoked early from their office by decision of the regional congress of private enforcement officers.

4. A regional private enforcement officer council shall:

1) represent private enforcement officers of a region;

2) draw up the agenda, convene and hold the regional congress of private enforcement officers;

3) ensure the performance of decisions of the regional congress of private enforcement officers, exercise control over the performance thereof;

4) uphold the guarantees of the private enforcement officer activities, the protection of their professional and social rights;

5) administer funds and property in accordance with the approved cost estimate;

6) support activities of regional bodies established by the National Private Enforcement Officers Council of Ukraine;

7) exercise other powers in accordance with decisions of the regional congress of private enforcement officers, the Private Enforcement Officers Council of Ukraine, the congress of private enforcement officers of Ukraine.

5. A session of the regional private enforcement officer council shall be competent, if attended by more than half of its members. The regional private enforcement officer council shall make its decisions by the vote of majority of the total number of its members. In case of the equal distribution of votes, the vote of the person chairing the session shall be decisive.

6. The chair, the deputy chair and the secretary of the regional private enforcement officer council may be eligible for compensation for their work, whose value and disbursement procedure shall be specified by the Private Enforcement Officers Council of Ukraine.

7. Members of the regional private enforcement officer council shall be delegates of private enforcement officers of the region to the congress of private enforcement officers of Ukraine at the same time.

8. A regional private enforcement officer council shall be a legal entity. Powers and working procedures of a regional private enforcement officer council shall be specified in the charter of the regional private enforcement officer council approved by the Private Enforcement Officers Council of Ukraine.

Article 58. Chair of a Regional Private Enforcement Officers Council

1. The chair of a regional private enforcement officer council shall represent the council before state authorities, local self-government bodies, enterprises, institutions, organizations, and individuals.

2. The chair of the regional private enforcement officer council shall cause sessions of the regional private enforcement officer council to be convened and held, organize and support the management of documents of the regional private enforcement officer council, take other measures envisaged by the charter of the regional private enforcement officer council, decisions of the regional congress of private enforcement officers, the regional private enforcement officer council, the Private Enforcement Officers Council of Ukraine, the congress of private enforcement officers of Ukraine, and organize activities of regional bodies established by the National Private Enforcement Officers Council of Ukraine.

3. The chair of a regional private enforcement officers council shall be a member of the Private Enforcement Officers Council of Ukraine by virtue of his or her office.

Article 59. Audit Commission

1. An audit commission shall be set up to exercise control over financial and business activities of the National Private Enforcement Officers Council of Ukraine and its bodies.

The audit commission shall report, and be accountable, to the congress of private enforcement officers of Ukraine.

2. The chair and members of the audit commission shall be elected by the congress of private enforcement officers of Ukraine for two years from among private enforcement officers. The number of members of the audit commission shall be specified by the congress of private enforcement officers of Ukraine.

The chair and members of the audit commission may be revoked early by decision of the congress of private enforcement officers of Ukraine.

The chair and members of the audit commission may not be members of other bodies of the National Private Enforcement Officers Council of Ukraine at the same time.

3. As a result of its audits, the audit commission shall draw up findings to be submitted to the congress of private enforcement officers of Ukraine for review and approval.

Article 60. Congress of Private Enforcement Officers of Ukraine

1. The congress of private enforcement officers of Ukraine shall be the highest self-government body of private enforcement officers.

2. Private enforcement officers at the congress of private enforcement officers of Ukraine shall be represented by delegates being members of regional private enforcement officer councils.

3. The congress of private enforcement officers of Ukraine shall be convened by the Private Enforcement Officers Council at least once in two years.

4. The congress of private enforcement officers of Ukraine may also be convened on demand of the Ministry of Justice of Ukraine or at least ten per cent of the total number of members of the National Private Enforcement Officers Council of Ukraine or at least one third of regional private enforcement officer councils.

The Private Enforcement Officers Council of Ukraine shall be obliged to convene and organize the congress of private enforcement officers of Ukraine within 30 days of receipt of the demand for the convention of the congress of private enforcement officers of Ukraine.

5. The Private Enforcement Officers Council of Ukraine shall notify all members of regional private enforcement officer councils of the date, the time and the venue of the congress of private enforcement officers of Ukraine, and the issues to be discussed at least fourteen days prior to the commencement of the congress, and publish the above information on the web site of the National Private Enforcement Officers Council of Ukraine.

6. A congress of private enforcement officers of Ukraine shall be competent, if more than a half of delegates representing the majority of regional private enforcement officer councils take part in its work.

7. The congress of private enforcement officers of Ukraine shall:

1) elect, and revoke early, the chair and deputy chairs of the Private Enforcement Officers Council of Ukraine;

2) approve the charter of the National Private Enforcement Officers Council of Ukraine, and introduce amendments therein;

3) approve the Private Enforcement Officer Professional Ethics Code;

4) approve the charter of the Private Enforcement Officers Council of Ukraine, the charter of the audit commission;

5) establish other bodies of the National Private Enforcement Officers Council of Ukraine, and approve their respective charters;

6) consider and approve reports of the Private Enforcement Officers Council of Ukraine, findings of the audit commission and reports of other bodies established by the National Private Enforcement Officers Council of Ukraine;

7) approve the budget of the National Private Enforcement Officers Council of Ukraine and its bodies, and approve reports on its performance;

8) specify the procedure of taking the private enforcement officer oath;

9) exercise other powers in accordance with this Law.

8. Decisions of the congress of private enforcement officers of Ukraine shall be made by the vote of the majority of delegates taking part in the congress.

Article 61. Private Enforcement Officers Council of Ukraine

1. The functions of the self-government of private enforcement officers during the period between congresses of private enforcement officers of Ukraine shall be exercised by the Private Enforcement Officers Council of Ukraine.

The powers and the working procedure of the Private Enforcement Officers Council of Ukraine shall be specified by this Law and the charter of the Private Enforcement Officers Council of Ukraine to be approved by the congress of private enforcement officers of Ukraine.

The Private Enforcement Officers Council of Ukraine shall report, and be accountable, to the congress of private enforcement officers of Ukraine.

2. The Private Enforcement Officers Council of Ukraine shall consist from chairs of regional private enforcement officer councils by virtue of their respective offices, the Chair and two deputy chairs of the Private Enforcement Officers Council of Ukraine elected by means of the secret rating-based vote by the congress of private enforcement officers of Ukraine.

The secretary of the Private Enforcement Officers Council of Ukraine shall be elected by the Private Enforcement Officers Council of Ukraine from members of the Private Enforcement Officers Council of Ukraine.

3. The term of office of the chair, deputy chairs, the secretary and members of the Private Enforcement Officers Council of Ukraine shall be three years. One and the same person may not be a chair, a deputy chair, a secretary or a member of the Private Enforcement Officers Council of Ukraine for more than two consecutive terms.

4. A no-confidence motion may be passed in respect of the chair or deputy chairs of the Private Enforcement Officers Council of Ukraine by the congress of private enforcement officers of Ukraine or 2/3 (two thirds) of members of the Private Enforcement Officers Council of Ukraine.

The no-confidence in the chair or deputy chairs of the Private Enforcement Officers Council of Ukraine shall result in re-election.

A secretary of the Private Enforcement Officers Council of Ukraine may be revoked early from the office by decision of the Private Enforcement Officers Council of Ukraine.

5. The Private Enforcement Officers Council of Ukraine shall:

1) draw up the agenda, convene and hold the congress of private enforcement officers of Ukraine;

2) ensure the performance of decisions of the congress of private enforcement officers of Ukraine;

3) approve charters of regional congresses of private enforcement officers, regional private enforcement officer councils, and other regional bodies established by the National Private Enforcement Officers Council of Ukraine, if any;

4) support activities of bodies established by the National Private Enforcement Officers Council of Ukraine;

5) specify the amount of membership fees payable by private enforcement officers to the National Private Enforcement Officers Council of Ukraine, and the payment procedure;

6) organize the system of training of assistants to private enforcement officers;

7) take part in the development and the endorsement of draft regulations referred to in this Law;

8) suggest candidate members of the qualification and disciplinary commissions representing the National Private Enforcement Officers Council of Ukraine to the Ministry of Justice of Ukraine;

9) make decisions on the submission of a petition for the suspension of the right to exercise private enforcement officer activity to the Ministry of Justice of Ukraine in cases covered by this Law;

10) make decisions on the submission of a private enforcement officer disciplining proposal to the disciplinary commission;

11) support activities of regional private enforcement officer councils and co-ordinate them;

12) uphold the guarantees of the private enforcement officer activities;

13) make decisions on the administration of funds and assets of the National Private Enforcement Officers Council of Ukraine in accordance with the budget approved by the congress of private enforcement officers of Ukraine;

14) consider complaints against decisions, actions or inaction of regional private enforcement officer councils, their chairs, reverse decisions of regional private enforcement officer councils;

15) ensure the establishment and the maintenance of a web site of the National Private Enforcement Officers Council of Ukraine;

16) exercise other powers envisaged by this Law and the Charter of the National Private Enforcement Officers Council of Ukraine.

6. Sessions of the Private Enforcement Officers Council of Ukraine shall be convened by the chair of the Private Enforcement Officers Council of Ukraine or, in his or her absence, one of the deputy chairs at least once in two months.

A session of the Private Enforcement Officers Council of Ukraine may also be convened on the basis of a proposal by at least five members of the Private Enforcement Officers Council of Ukraine.

7. A session of the Private Enforcement Officers Council of Ukraine shall be competent, if attended by at least half of the Council members. Decisions of the Private Enforcement Officers Council of Ukraine shall be made by the vote of majority of the total number of its members. In case of the equal distribution of votes of the Council members, the vote of the person chairing the session shall be decisive.

8. The chair and deputy chairs of the Private Enforcement Officers Council of Ukraine may be remunerated in the amount specified by the congress of private enforcement officers of Ukraine.

Article 62. Chair of the Private Enforcement Officers Council of Ukraine

1. The chair of the Private Enforcement Officers Council of Ukraine shall be the chair of the National Private Enforcement Officers Council of Ukraine by virtue of his or her office.

2. The chair of the Private Enforcement Officers Council of Ukraine shall represent the Private Enforcement Officers Council of Ukraine and the National Private Enforcement Officers Council of Ukraine before state authorities, local self-government bodies, enterprises, institutions, organizations and individuals.

3. The Chair of the Private Enforcement Officers Council of Ukraine shall:

1) convene sessions of the Private Enforcement Officers Council of Ukraine, and cause them to be held;

2) allocate duties to deputy chairs;

3) organize and maintain the document management in the Private Enforcement Officers Council of Ukraine;

4) administer funds and assets of the National Private Enforcement Officers Council of Ukraine in accordance with the approved budget;

5) organize and support the work of the secretariat of the National Private Enforcement Officers Council of Ukraine;

6) cause control to be exercised over the validity of third-party liability insurance contract of private enforcement officers, and cause private enforcement officers to be inspected in accordance with the procedure prescribed by this Law;

7) take other measures envisaged by this Law, the charter of the Private Enforcement Officers Council of Ukraine, the charter of the National Private Enforcement Officers Council of Ukraine, decisions of the Private Enforcement Officers Council of Ukraine, and the congress of private enforcement officers of Ukraine.

SECTION IX.
TRANSITIONAL PROVISIONS

1. The Ministry of Justice of Ukraine shall do the following within one month of the effective date of policies governing the obtainment of the right to exercise private enforcement officer activity:

1) set up a provisional qualification commission consisting of seven members with four members to be nominated by the Ministry of Justice of Ukraine, and one member each by the Anti-Corruption Bureau of Ukraine, the Notarial Chamber of Ukraine, and the National Bar Association of Ukraine;

2) approve the provisional procedure of training, assessment of eligibility for the qualification examination, and the taking of the qualification examination by individuals willing to exercise the private enforcement officer activity;

3) organize training of individuals willing to exercise the private enforcement officer activity;

4) develop and, subject to the endorsement by the provisional qualification commission, approve automated anonymous test questions.

2. The provisional qualification commission shall be deemed competent, if at least four commission members are present.

3. Regular sessions of the provisional qualification commission shall be held as necessary, but at least once in fourteen days.

4. The period of review of an application for permission to take the qualification examination by the provisional qualification commission must not exceed forty-five days of receipt thereof.

5. The provisional qualification commission shall hold a qualification examination for individuals willing to exercise private enforcement officer activity every fourteen days, if there is at least one person eligible for taking the qualification examination.

6. The information about (training) courses) and the date and time of the qualification examination for individuals willing to exercise the private enforcement officer activity shall be displayed on the official web site of the Ministry of Justice of Ukraine on the Internet within three days of the relevant decision.

7. A person, who has failed the qualification examination, may be permitted to re-sit the qualification examination again in two months at the earliest.

8. The information about the individuals, who have passed the qualification examination, shall be published on the official web site of the Ministry of Justice of Ukraine on the Internet on the third day thereof at the latest.

9. The Ministry of Justice of Ukraine shall convene constituting regional congresses of private enforcement officers and specify the procedure of holding them on the seventh month of the effective date of policies governing the obtainment of the right to exercise private enforcement officer activity.

10. The Ministry of Justice of Ukraine shall notify each private enforcement officer, who has passed a qualification examination, of the constituting regional congress of private enforcement officers, and display the information on the web site of the Ministry of Justice of Ukraine on the Internet ten days prior to the relevant congress date at the latest.

11. The constituting regional congress of private enforcement officers shall be chaired by the most senior private enforcement officer by age taking part in the conference. The session chair shall select a secretary of a constituting regional congress of private enforcement officers.

12. Constituting regional congresses of private enforcement officers shall set up a regional private enforcement officer council.

13. The Ministry of Justice of Ukraine shall convene and organize the congress of private enforcement officers of Ukraine not later than one month after convening constituting regional congresses of private enforcement officers.

14. The first congress of private enforcement officers of Ukraine shall approve the charter of the National Private Enforcement Officers Council of Ukraine, set up bodies of the National Private Enforcement Officers Council of Ukraine, and approve their respective charters.

15. The membership of permanent private enforcement officer self-government bodies, once they have been established, shall be possible in accordance with the procedure prescribed by this Law.

16. The National Private Enforcement Officers Council of Ukraine shall be registered in accordance with the Law of Ukraine “On State Registration of Legal Entities and Sole Traders”.“;

II. Changes shall be introduced into the following legislative acts of Ukraine:

1. In the Land Code of Ukraine (Vidomosti Verkhovnoyi Rady Ukrayiny, 2002, issue 3-4; 2013, issue 28, page 305):

1) in Article 135:

in paragraph five of part two:

the word “state” shall be deleted;

the words “taking into account specific features of the preparation for, and the holding of, the land bidding as specified herein” shall be deleted;

in paragraph two of part three, the words “or the state enforcement officer in case of the execution of decisions subject to the enforcement in accordance with the procedure prescribed by the Law of Ukraine “On Enforcement Proceedings”” shall be deleted;

2) paragraph twelve of part four of Article 136 shall be deleted.

2. In the Tax Code of Ukraine (Vidomosti Verkhovnoyi Rady Ukrayiny, 2011, issue 13-14, issue 15-16, issue 17, page 112):

paragraph two of sub-item 14.1.226 of item 14.1 of Article 14 after the words “private notaries” shall be amended by adding the words “private enforcement officers”;

3. In the Law of Ukraine “On Enforcement Proceedings” (Vidomosti Verkhovnoyi Rady Ukrayiny (VVR), 1999, issue 24, page 207):

1) in Article 2:

part one shall be set forth in the following wording:

“1. The enforcement of decisions shall be vested in state enforcement service agencies and private enforcement officers”;

part two shall be amended by adding the following words “and private enforcement officers specified by the Law of Ukraine “On Private Enforcement Officers”;

2) in part one of Article3, the words “revenue and duties agencies” shall be replaced with the words “state fiscal service agencies”;

3) Article4 shall be set forth in the following wording:

“1. In order to ensure electronic document exchange in state enforcement service agencies and the document management of private enforcement officers, to keep record of enforcement proceedings, to control the compliance of enforcement officers with requirements of the legislation in the course of the performance of enforcement actions, to process information about enforcement actions and to grant prompt access for parties to the enforcement proceedings to the materials of enforcement proceedings, a Universal State Register of Enforcement Proceedings shall be maintained.

The Ministry of Justice of Ukraine shall be the keeper of the Universal State Register of Enforcement Proceedings, and specify the procedure of its maintenance, the conditions of access thereto, and the obtainment of information therefrom”;

2. While enforcing decisions, the state enforcement officer shall be entitled to directly access databases and registers, including those electronic, that contain information about obligors, their assets, income, income sources, places of employment, accounts held with banks, and funds. The procedure of access to such registers shall be specified by the Cabinet of Ministers of Ukraine”;

4) part one of Article 7 shall be amended by the following words “legal entities selling assets by means of auctions and public bidding in, for instance, in the form of electronic bidding”;

5) in Article 8:

In part three, the words “revenue and duties” shall be replaced with the words “state fiscal service”;

paragraph two of part five of Article 8 shall be set forth in the following wording:

“If a party to the enforcement proceedings has changed its designation (in case of a legal entity) or the last, first or patronymic name (in case of an individual), the enforcement officer shall change the name of the party to the enforcement proceedings with his or her resolution subject to the availability of supporting documents. A resolution of the state enforcement officer shall be approved by the head of the unit, to which the state enforcement officer is subordinated”;

6) item 17 of part three of Article 11 shall be deleted;

7) part two of Article 12 shall be amended by adding paragraph two of the following contents:

“The claimant shall be entitled to obtaining information about the status and prospects of the enforcement proceedings, and the costs incurred from the enforcement officer”;

8) part three of Article 13 shall be set forth in the following wording:

“3. An expert or a specialist must issue a written opinion; a party to valuation activities being a business entity must issue a written report on issues raised in the resolution of the enforcement officer within thirty days of being familiarized with the resolution of the enforcement officer, and provide verbal recommendations in respect of actions taken in his presence”;

9) in Article 17:

in the article name, the words “state enforcement service” shall be deleted;

part one after the words “by the state enforcement service” shall be amended by adding the words “and private enforcement officers”;

in part two, the words “state enforcement service” shall be deleted;

10) item three of part one of Article18 shall be set forth in the following wording:

“3) the data identifying the claimant or the obligor, or conducive to the enforcement, if they are known to the court or another agency that has issued the enforcement document, for instance, the last known place of residence or stay (in case of individuals), the tax payer record card registration number or the passport series and number of the claimant and the obligor (in case of individual tax payers), the obligor’s date of birth and place of employment (in case of individuals), the location of the obligor’s assets, the accounts of the claimant and the obligor, etc.”

11) in Article 20:

part one shall be amended by adding paragraph two of the following contents:

“In order to have an enforcement document enforced, an individual or a legal entity may seek services of any private enforcement officer entered into the Universal Private Enforcement Officer Register”;

part three after the words “collection of” shall be amended by adding the words “income and”;

new paragraph two of the following contents shall be added to part five:

“In case of the transfer of the enforcement proceedings for the enforcement to another state enforcement service agency in accordance with the procedure prescribed by the Ministry of Justice of Ukraine in connection with the establishment of an enforcement group or the detection of an obligor’s assets within the territory of several administrative and territorial units, the competence of the state enforcement officer, who enforces the decision in question, shall cover the territory falling within the competence of the state enforcement service agency, from which the enforcement proceedings have been transferred”;

12) in Article 25:

in part one, the words “and presented for enforcement to the appropriate state enforcement service agency” shall be deleted;

in paragraph two of part two, the words “within seven days of the resolution issue date” shall be replaced with the words “within seven days of the time, when the obligor has received or should have received the resolution”;

part four shall be set forth in the following wording:

“4. In case of the opening of the enforcement proceedings on the basis of an enforcement document on the property forfeiture, the reimbursable property seizure, the prohibition from taking certain action or refraining from certain actions, the collection of regular payments, the securing of claim demands, the collection of the enforcement duty, the cost of the organization and the performance of enforcement actions, the penalties imposed by the enforcement officer on the obligor, and if the decision is subject to the immediate enforcement, the period referred to in part two of this article shall not be granted”;

part six after the words “within ten days” shall be amended by adding the words “from the time, when the party has received or should have received the resolution”;

13) in Article 26:

items 4 and 7 of part one shall be deleted;

in part four, the words “from the date of receipt thereof” shall be replaced with the words “from the date, when the applicant received or should have received the resolution”;

14) part two of Article 27 after the words “to the account of the state enforcement service” shall be amended by adding the words “or a private enforcement officer”;

15) part two of Article 28 after the words “on the basis of enforcement documents providing for the asset forfeiture” shall be amended by adding the words “reimbursable property seizure, the prohibition from taking certain action or refraining from taking certain action”;

16) Article 29 shall be amended by adding new part four of the following contents:

“4. A private enforcement officer shall take action referred to in part two of this article subject to the consent of the Chair of the National Private Enforcement Officers Council of Ukraine; actions covered by part three of this article shall be taken subject to the subsequent notification of the Chair of the National Private Enforcement Officers Council of Ukraine thereof by the next business day after such actions at the latest”;

17) the second sentence of part two of Article 30 shall be set forth in the following wording:

“The time for the enforcement of the enforcement proceedings shall not be inclusive of the time for the deferral or the delay of the performance of enforcement actions or the suspension of the enforcement proceedings for the period of the expert appraisal or the property valuation, the production of technical documents for the property, the sales of the debtor\'s property, the time of the enforcement officer’s resolution on the collection of salary, pension, scholarship and other income of a debtor being on execution with the management of the enterprises, institutions and organizations, the individual or the sole trader that make deductions from the salary (wages), pension or other revenues of the obligor”;

18) in Article 33:

part one after the words “enforcement service” shall be amended by adding the words “or a private enforcement officer”;

part two after the words “enforcement service” shall be amended by adding the words “or several private enforcement officers”;

19) part one of Article 36 shall be set forth in the following wording:

“1. In case of circumstances that complicate the enforcement of the decision or make the same impossible, the parties shall have the right to apply to the court, which has issued the enforcement document, for the delay or the deferral of the enforcement.

In case of circumstances that complicate the enforcement of the decision or make the same impossible, the state enforcement officer, on his own initiative, as well as the parties themselves shall have the right to apply to the court, which has issued the enforcement document, for the specification or the modification of the manner and the procedure of the enforcement”;

20) item nine of part one of Article 37 shall be set forth in the following wording:

“9) the exercise of the provisional administration of an insolvent bank, except for the enforcement of decisions of non-property nature”;

21) in part one of Article 38:

item 1 after the words “if requested by a state enforcement officer” shall be amended by adding the words “or parties to the enforcement proceedings”;

item5 shall be set forth in the following wording:

“on the basis of an application by the claimant”;

new item 6 of the following contents shall be added:

“6) in case of the claimant’s failure to specify details of the account for the transfer of funds collected in full on the basis of an enforcement document, when requested by the state enforcement officer”;

22) part one of Article 39 shall be set forth in the following wording:

“1. The enforcement officer shall issue a motivated resolution on the suspension of the enforcement proceedings on grounds referred to in Articles 37 and 38 hereof. If such a resolution is issued by a state enforcement officer, it shall be approved by the head or the deputy head of the unit, to which the state enforcement officer is subordinated.

The resolution to suspend the enforcement proceedings on the grounds covered with items 1 to 17 of part one of Article 37 of this Law shall be issued by the enforcement officer on the next business day of becoming aware of the relevant circumstances at the latest or, on the ground of item 18 of part one of Article 37 of this Law, on the date of sending of the enforcement document to the central executive agency in charge of the implementation of the state policy in the field of budget treasury services. A copy of the resolution shall be sent to the parties within three days”;

23) part one of Article 40 shall be set forth in the following wording:

“1. Lacking the information about the place of residence, stay or location of the individual obligor, the enforcement officer shall petition the court for the issue of a judgment ordering the search for the obligor. If it is necessary to search for a vehicle owned by the obligor, the enforcement officer shall issue a resolution ordering the search, which shall be binding upon internal affairs agencies.

Lacking the information about the place of residence, stay or location of a child subject to the enforcement proceedings documents on the removal of the child, the state enforcement officer shall petition the court for the issue of a judgment ordering the search for the child”;

24) in Article 41:

part one after the words “state enforcement service” shall be amended by adding the words “and private enforcement officers”;

part two shall be set forth in the following wording:

“The enforcement proceedings expenses shall be borne by state enforcement service agencies at the expense of funds of the State Budget of Ukraine, the enforcement proceedings funds, and the enforcement duty collected from the obligor in accordance with the procedure specified in Article 28 hereof to be used in accordance with the procedure prescribed by the Cabinet of Ministers of Ukraine”;

part five shall be set forth in the following wording:

“5. An enforcement officer shall issue a resolution on the collection of expenses related to the organization and the performance of enforcement actions. The said resolution shall be sent to the parties on the next business day of its issue at the latest and may be disputed by them at court within ten days.

A resolution of the state enforcement officer on the collection of expenses related to the organization and the performance of enforcement actions from the obligor shall be approved by the head of the relevant unit of the state enforcement service”;

25) part one of Article 42 shall be set forth in the following wording:

“1. In order to ensure the performance of enforcement actions, the claimant may lodge a certain amount of money to the appropriate account of the state enforcement service agency or the private enforcement officer for the necessary expenses to be made or partially covered, unless this Law provides otherwise”;

26) in part one of Article 43:

item 2 after the words “state enforcement service” shall be amended by adding the words “or a private enforcement officer”;

item 3 shall be amended by adding the following words:
“if a decision is enforced by the state enforcement service or as the base fee for the performance of enforcement actions, if a decision is enforced by a private enforcement officer”;

27) the last sentence of part two of Article 44 shall be amended by adding the words “or a private enforcement officer”;

28) in Article 45:

part one shall be amended by adding the words “or a private enforcement officer”;

part seven after the words “state enforcement service agency” shall be amended by adding the words “or a private enforcement officer”;

29) in Article 47:

part one shall be amended by adding new items 10 and 11 with the following content:

“10) there are grounds for a challenge to a private enforcement officer;

11) the court has modified the manner and the procedure of the decision enforcement in accordance with the procedure prescribed by part two of Article 7 of the Law of Ukraine “On State Guarantees of the Enforcement of Court Decisions”;

part two shall be set forth in the following wording:

“2. The enforcement officer shall draw up a protocol of existence of circumstances referred to in items 2 to 6, and 10 of part one of this article”;

part four shall be set forth in the following wording:

“4. The enforcement officer shall issue a resolution on the return of the enforcement document and the advance payment to the claimant with the obligatory substantiation of grounds therefor. If such a resolution is issued by a state enforcement officer, it shall be approved by the head of the appropriate unit of the state enforcement service.

A copy of the resolution shall be sent to the parties within three days and may be disputed within ten days in accordance with the procedure prescribed by this Law”;

30) part three of Article 48 shall be set forth in the following wording:

“3. The state enforcement officer shall issue a resolution on the return of the enforcement document. If such a resolution is issued by a state enforcement officer, it shall be approved by the head of the appropriate unit of the state enforcement service.

A copy of the resolution shall be sent to the parties within three days and may be disputed within ten days in accordance with the procedure prescribed by this Law”;

31) in Article 49:

in part one:

item 6 shall be amended by adding the words “except in case of the existence of debt related to the collection of the relevant payments”;

item 10 shall be set forth in the following wording:

“if funds collected from the obligor in full have not been claimed by the claimant within one year and have been transferred to the State Budget of Ukraine as a result”;

item 14 shall be set forth in the following wording:

“a decision of the National Bank of Ukraine to revoke a banking license and liquidate a bank”;

part five shall be set forth in the following wording:

“5. A resolution to complete enforcement proceedings in case of a decision of the National Bank of Ukraine to revoke a banking license and liquidate a bank shall be issued by the enforcement officer on the next day of having become aware of the said decision at the latest. In this case, the enforcement document shall be sent to the authorized officer of the Individual Deposit Guarantee Fund”;

32) in Article 50:

in part one:

the words “official publication of the notice of finding an obligor bankrupt and opening a liquidation procedure” shall be deleted;

the words “another agency (officer) that has issued the same” shall be replaced with the words “claimant on the basis of the claimant’s written application”;

in part two, the words “another agency (officer) that has issued the same” shall be replaced with the words “return of an enforcement document to a claimant under item 1 of part one of Article 47 of this Law”;

33) in part seven of Article 52, the words “tenfold minimum salary value” shall be replaced with the words “twentyfold minimum salary value”;

34) part three of Article 53 shall be set forth in the following wording:

“3. If the debt is denominated in the foreign currency, the state enforcement officer, provided that the obligor\'s funds in the relevant currency have been detected, shall collect the funds in question to the foreign currency account of the state enforcement service agency or, in case of a private enforcement officer, to the appropriate account of the private enforcement officer for the subsequent transfer thereof to the claimant. In case of the detection of funds in hryvnias or another currency, a state enforcement officer shall issue an instruction for the purchase of the relevant currency and the transfer thereof to the foreign currency account of the state enforcement service agency in accordance with the rules of parts one and two of this article, while a private enforcement officer shall do the same in respect of an appropriate account of a private enforcement officer”;

35) in part four of Article57, the word “second” shall be replaced with the word “third”;

36) part five of Article 58 shall be amended by adding a new paragraph of the following content:

“If the validity period of an assets appraisal report has expired after the conveyance of the assets for sale, no repeated appraisal of the said assets shall be undertaken”;

37) part four of Article 60 shall be set forth in the following wording:

“In case of the availability of a written opinion of an expert, a party to valuation activities being a business entity or a legal entity, which sells the assets, that it is impossible or inappropriate to dispose of the garnished obligor\'s assets due to the considerable degree of the wear and tear thereof, the damage thereto, or if the expenses associated with the collection of the said assets exceed the amount, for which they can be sold, the obligor\'s assets may be released from the garnishment on the basis of a resolution of the enforcement officer. A resolution issued by a state enforcement officer shall be approved by the head of the unit, to which he or she is directly subordinated.

Copies of the resolution of the enforcement officer on the release of the assets from the garnishment shall be sent to the parties and the relevant agency (institution) for the release of the assets from the garnishment on the next day of the issue thereof at the latest.

38) in Article 62:

part one shall be amended by adding paragraph two of the following contents:

“An auction or a public bidding for the sale of assets may take place in an electronic form (electronic bidding)”;

in the first sentence of part two, the words “sold” shall be replaced with the words “can be sold”;

part five shall be set forth in the following wording:

“5. If a public bidding or an auction has been found to not have taken place due to the lack of parties willing to purchase assets or if the two-month period of asset sale on a commission basis has expired, the enforcement officer shall reduce the price for assets (by reducing the initial value) by 20 per cent, and offer the same for a repeat sale.

If a public bidding or an auction has been found repeatedly to not have taken place due to the lack of parties willing to purchase assets or if the one-month period of asset sale on a commission basis has expired, the enforcement officer shall repeatedly reduce the price for assets by 40 per cent of the initial value, and offer the same for a second repeat sale”;

part six shall be set forth in the following wording:

“6. If assets have not been sold at the public tenders, auctions after the repeated discounting or on a commission basis within one month, the enforcement officer shall notify the claimant thereof and suggest that the claimant solve the issue of keeping the non-sold assets, other than the property forfeited by court decision”;

in the first sentence of part eight, the words “an appropriate notice from the state enforcement officer, to lodge the amount to the appropriate deposit account of a state enforcement service agency” shall be replaced with the words “an appropriate notice from an enforcement officer, to lodge the amount to the appropriate account of a state enforcement service agency or a private enforcement officer”;

the second sentence of part nine shall be set forth in the following wording:

“An enforcement officer shall issue a resolution on the transfer of assets to the claimant by way of the debt repayment; if the said resolution is issued by a state enforcement officer, it shall be approved by the head of the unit, to which the state enforcement officer is directly subordinated”;

part twelve shall be set forth in the following wording:

“The amount of a fee charged by a legal entity selling assets may not exceed 5 per cent of the sales value of the assets”;

39) part two of Article 65 after the words “to the appropriate account of the state enforcement service” shall be amended by adding the words “or a private enforcement officer”;

40) part two of Article 67 shall be amended by adding the words “or a private enforcement officer”;

41) part eight of Article 74 after the words “state enforcement service agency” shall be amended by adding the words “or a private enforcement officer”;

42) part three of Article 75 shall be set forth in the following wording:

“3. If it is impossible to enforce the decision without the involvement of the obligor, the enforcement officer shall impose a penalty on an obligor under Article89 hereof and submit a petition (notice) to the law enforcement agencies for drawing the obligor to the liability by law, and issue a resolution on the completion of the enforcement proceedings, and return the enforcement document to the court or the claimant. A resolution of the state enforcement officer on the completion of enforcement proceedings shall be approved by the head of the unit, to which the state enforcement officer is directly subordinated”;

43) in Article 82:

the article name shall be amended by adding the words “and Private Enforcement Officer”;

part one shall be amended by adding paragraph two of the following contents:

“Decisions, actions or inaction of a private enforcement officer may be disputed at court by parties to enforcement proceedings”;

in part eight, the word “six” shall be replaced with the word “seven”;

44) the last sentence of part seven in Article 83 shall be deleted;

45) in part one of Article 88 after the words “state enforcement service agency” shall be amended by adding the words “or a private enforcement officer”;

46) in part one of Article 89, the words “from ten to twenty” shall be replaced with the words “in the amount of fifty”; the words “from twenty to forty” shall be replaced with the word “seventy”; the words “from forty to sixty” shall be replaced with the words “one hundred”;

47) in part four of Article 2, Articles 5 to 7, paragraph one of part five of Article 8, Articles 9, 10, 12 to 15, part one of Article 16, item 7 of part two of Article 17, Article 19, parts two and three of Article 20, Article 24, part one, paragraph one of part two and part three of Article 25, Articles 26, 27, 29, 30, 31, 34, 35, item 1 of part one of Article 38, part four and part five of Article 39, parts two and four of Article 40, Articles 43, 44, 45, items 2, 4, 5, and 6 of part one, part three of Article 47, part one of Article 48, Articles 49 to 55, 57, 58, part two of Article 60, Article 61, part seven and the third sentence of part nine of Article 62, Articles 63, 65, 66, 68, 69, 74 to 76, 80, 87 to 90, the words “state enforcement officer” in all case and number forms shall be replaced with the words “enforcement officer” in an appropriate case and number form;

4. In the Law of Ukraine “On State Registration of the Proprietary Interests in the Real Estate and the Encumbrances Thereof” (Vidomosti Verkhovnoyi Rady Ukrayiny, 2004, issue 51, page 553):

1) in Article 28-2, the words “state enforcement officer” in all case forms shall be replaced with the words “enforcement officer” in an appropriate case form.

5. In the Law of Ukraine “On Pledge” (Vidomosti Verkhovnoyi Rady Ukrayiny, 1992, issue47, page 642):

1) in part seven of Article 20, the words “state enforcement officer” shall be replaced with the words “enforcement officer”;

2) in Article 21:

part one after the words “from auctions (public bidding)” shall be amended by adding the words “for instance, in the form of the electronic bidding”;

part two shall be set forth in the following wording:

“assets not sold at the first auction (public bidding) shall be subject to the repeated sale with the 20 per cent discount from the initial value of assets. In case of the failure to sell assets from a repeat auction (public bidding), a second repeat auction (public bidding) shall be conducted with the 40 per cent discount from the initial value of assets”;

in part three, the words “If the second and subsequent auctions (public biddings) have been found to not have taken place” shall be replaced with the words “If the second repeat auction (public bidding) has been found to not have taken place”;

6. In the Law of Ukraine “On Mortgage” (Vidomosti Verkhovnoyi Rady Ukrayiny, 2003, issue38, page 313):

1) in Article 41:

part one after the words “public bidding” shall be amended by adding the words “for instance, in the form of the electronic bidding”;

part two after the words “mortgage object” shall be amended by adding the words “or on the Internet by means of the electronic bidding, or”;

3) in Article 43:

in parts one and five, the words “state enforcement officer” shall be replaced with the words “enforcement officer”;

the first sentence of part three shall be set forth in the following wording:

“The public bidding organizer shall publish the notice of public bidding in local printed mass media in the location of the mortgage object and, in case of the electronic bidding, on the electronic bidding web site, at least 15 business days prior to the commencement of the public bidding”;

4) in Article 44:

the second sentence of part one shall be set forth in the following wording:

“The guarantee deposit value shall be equivalent to ten per cent of the initial sales value of the mortgaged property”;

part two shall be set forth in the following wording:

“Public bidding participants (bidders) shall be registered by the public bidding organizer. The registration shall be closed one hour prior to the commencement of the public bidding at the earliest. For the purposes of registration, a bidder shall submit an application to the auction organizer; the application must be set forth in a free form in the official language, and contain the following details:

the information about the auction, in which the bidder is intent on taking part;

in case of an individual: the last, first and patronymic names, the series and the number of the personal identification document, the tax payer record card registration number (if any), the information about the place of residence;

in case of a legal entity: the name; the organizational and legal form; the EDRPOU (Universal State Register of Enterprises and Organizations of Ukraine) code number; the location; the last, first and patronymic names of a representative of the legal entity; the series and the number of the personal identification document of the representative;

the contact phone number, the e-mail address, the mail address.

The application for the participation in the bidding shall be supported with copies of the following documents:

a document confirming the powers of the person in question to take action on behalf of the applicant (if necessary);

a documentary proof of the payment of the guarantee deposit.

During the registration, a public bidding participant shall be issued a card with the indication of the bidder’s sequence number on both sides to be used by the bidder for bidding; in case of the electronic bidding, a bidder shall be assigned a code number, under which the bidder in question shall bid”;

5) in Article 45:

part three of the following contents shall be added after part two:

“The electronic bidding may take place on the web site of an auction organizer. The electronic bidding shall last for at least 3 days. If an auction participant made a bid during the last 3 minutes of the auction time, then the auction time shall be extended automatically by another 3-minute interval. The bidder whose bid was the highest at the time of completion of the electronic bidding shall be the winner of the electronic bidding”;

in connection with this, parts three to nine shall be deemed to be parts four to ten respectively;

in paragraph seven of part six, the words “bank account of a state enforcement service agency” shall be replaced with the words “appropriate account of a state enforcement service agency or a private enforcement officer”;

in part eight, the words “state enforcement officer” shall be replaced with the words “enforcement officer”;

6) in part one of Article 46, the words “bank account of a state enforcement service agency” shall be replaced with the words “appropriate account of a state enforcement service agency or a private enforcement officer”;

7) in Article 47:

the words “state enforcement officer” in all case and number forms shall be replaced with the words “enforcement officer” in an appropriate case and number form;

part three after the words “of the said agency” shall be amended by adding the words “or signed by a private enforcement officer and sealed with his or her seal”;

part four after the words “of the said agency” shall be amended by adding the words “or signed by a private enforcement officer and sealed with his or her seal”;

7. In the Law of Ukraine “On Securities and Stock Market” (Vidomosti Verkhovnoyi Rady Ukrayiny, 2006, issue 31, page 268):

new Article of the following contents shall be added:

“Article 31-1. Interaction of the National Commission for Securities and Stock Market and Its Bodies with Enforcement Officers in the Course of Enforcement Proceedings

1. While enforcing decisions in accordance with the law, an enforcement officer shall make use of the information from the State Register of Securities Tranches, and a register of holders of registered securities.

2. While enforcing decisions in accordance with the law, an enforcement officer shall make search the State Register of Securities Tranches and a register of holders of registered securities and, as a result, generate an information statement to be kept as a part of materials of enforcement proceedings of state enforcement officer. The procedure of access of enforcement officers to registers shall be specified by the Cabinet of Ministers of Ukraine”.

8. In the Law of Ukraine “On Insurance” (Vidomosti Verkhovnoyi Rady Ukrayiny, 1996, issue18, page 78):

1) part one of Article 7 shall be amended by adding a new item of the following contents:

“46) insurance of the third-party liability of a private enforcement officer”.

III. Final Provisions

1. This Law shall become effective in nine months of the date of its publication, except for:

1) provisions governing the eligibility for being vested with the right to exercise private enforcement officer activity and provisions on the self-government of private enforcement officers: they shall come into effect from the day following the publication date;

2) the provision vesting private enforcement officers with the exclusive right to enforce decisions on the basis of enforcement documents referred to in items 1 to 5 of part two of Article 17 of the Law of Ukraine “On Enforcement Proceedings”, which shall come into effect in three years of the publication date.

2. Regulations adopted before the effective date hereof shall apply to the extent of their not contradicting this Law.

3. Within one month of the effective date of this Law, the Cabinet of Ministers of Ukraine shall:

bring its regulations into conformity with this Law;

cause ministries and other central executive agencies to bring their regulations into conformity with this Law”.

Chairman of the Verkhovna Rada

(Parliament) of Ukraine