Control measures during the enforcement process

This paper addresses the pressing issues surrounding the current mechanisms of enforcing court decisions in Ukraine, focusing on the inefficiencies that result in a low percentage of effectively executed judgments by both the State Enforcement Service (SES) and private enforcers. The study identifies the primary problems within the enforcement system, including insufficient legislative regulation, lack of effective oversight, and limited protection of debtor's rights. The paper provides an in-depth analysis of the existing mechanisms for control and appeal in the enforcement process, highlighting judicial control under Article 74 of the Law of Ukraine "On Enforcement Proceedings". The judicial control aspect is explored through the examination of court practices in both courts that issued enforcement documents and administrative courts. The paper identifies the number of appeals related to the enforcement process and discusses the effectiveness of judicial oversight. Additionally, the paper examines the extrajudicial control mechanisms, particularly the oversight exercised by the Ministry of Justice over both state and private enforcers. The study reveals significant challenges, such as the deprivation of the debtor's right to seek extrajudicial control, and discusses the reasons behind such legislative changes, along with their positive and negative consequences. The paper also presents the findings from recent research and publications that have begun to address these issues, and highlights the aspects of the general problem that have not been previously addressed, to which this paper is dedicated. To address these challenges, the paper proposes several improvements and legislative amendments. These include enhancing judicial control by establishing clearer criteria for reviewing appeals against enforcer actions, extending court powers to mandate specific actions by enforcers, and providing compensation for damages caused by unlawful enforcement actions. In terms of extrajudicial control, the paper suggests restoring the debtor's right to appeal to the Ministry of Justice, implementing a pre-screening mechanism to filter out baseless complaints, and strengthening the Ministry's monitoring capabilities.