Assessment of the effective Ukrainian legislation and procedures of enforcement of judgments was carried out by experts of the charitable organization the Commercial Law Center (Ukraine) as a part of efforts set out in the Implementation Plan of the Strategic Objective Agreement between the Government of the United States of America and the Government of Ukraine for the program to ReduceCorruption in the Public Sector, and for the implementation of the Millennium Challenge Account Threshold Program in Ukraine.

The efforts were financed by the US Agency for International Development (USAID)by the funds provided by Millennium Challenge Corporation. Statements provided in the Assessment do not always coincide with the position of any of the above organizations and/or US public agencies.

TABLE OF CONTENTS

DISCLAIMER

BACKGROUND AND ACKNOWLEDGMENT

SUMMARY AND RECOMMENDATIONS

I.          ASSESSMENT OF ADEQUACY AND EFFICIENCY OF SOLUTIONS, PROPOSED IN DRAFT LAWS OF uKRAINE “ON THE STATE EXECUTIVE SERVICE” AND “ON JUDICIAL ENFORCEMENT”, DEVELOPED BY THE GOVERNMENT AND/OR CONSIDERED BY THE VERKHOVNA RADA OF UKRAINE

II.         SELECTION OF STATE EXECUTIVE OFFICERS (AVAILABILITY OF COMPETENCY TESTs, PROFESSIONAL DEVELOPMENT TRAINING ETC

III.       STREAMLINING POWERS OF STATE EXECUTIVE OFFICERS

IV.        CONTROL AND SUPERVISION OF STATE EXECUTIVE OFFICERS

V.         ENSURING THE STATE EXECUTIVE OFFICER ACCESS TO INFORMATION ABOUT BANK ACCOUNT OF DEBTORS IN ORDER TO RULE OUT THE POSSIBILITY OF HIDING SUCH ACCOUNTS OR MONEY IN THEM

VI.        ENSURING ACTUAL POSSIBILITY TO FORECLOSE ON MOVABLE AND IMMOVABLE PROPERTY OF THE DEBTOR, PARTICULARLY, STATE-OWNED ENTERPRISES

VII.      REMOVAL OF LEGAL POSSIBILITIES FOR THE DEBTOR TO AVOID ENFORCEMENT OF COURT DECISIONS

VIII.     ENFORCEMENT OF COURT DECISIONS AS JUDICIAL ENFORCEMENT AND BANKRUPTCY PROCEEDINGS

IX.        CONCEPTUAL FOUNDATIONS FOR IMPROVING THE PROCEDURE ON HOLDING AN AUCTION (PUBLIC SALE)

X.         STATUS OF THE UNIFIED STATE REGISTRY OF JUDICIAL ENFORCEMENT AND ITS ADEQUACY TO THE NEEDS FOR ENFORCEMENT OF COURT DECISIONS