ESR
2.1.4.4. The system of enforcement of court decisions has been improved
Problem solving:
2.1.4. Presence of corruption risks attributable to gaps and flaws of legislation in the system of justice
Deadlines for all measures within ESR
01.03.2023 -
31.10.2024
Implementation of SACP measures within ESR
Total number of measures –
5
3
1
1
In progress
Not implemented
Not started
Implementation of SACP measures within the scope of the Problem by main main performers
Ministry of Justice of Ukraine
0%
2
State Judicial Administration of Ukraine
0%
2
State Enterprise "National Information Systems"
0%
1
Summarized general information on Measures
| № | Name of the measure | The main implementer | Co-implementors | Performance indicator | Monitoring results (latest) | Статус |
|---|---|---|---|---|---|---|
| 1 | 2.1.4.4.1 Supporting the consideration of the Draft Law of Ukraine On Enforcement of Decisions (registration number 5660 dated June 14, 2021) in the Parliament of Ukraine (particularly if the President of Ukraine vetoes the draft law) | Ministry of Justice of Ukraine | The law has been signed by the President of Ukraine. |
There is no progress in the implementation of the measure
|
||
| 2 | 2.1.4.4.2 Ensuring the connection of banks to the automated system of enforcement proceedings to enable information exchange and ensure automated freezing of funds in accounts of debtors | State Enterprise "National Information Systems" | Міністерство юстиції України, Національний банк України | 100 percent of banks have been connected to the automated system of enforcement proceedings to enable information exchange and ensure automated freezing of funds in accounts of debtors |
There is progress in the implementation of the measure
|
|
| 3 |
2.1.4.4.3 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that: 1) implements efficient and effective judicial control over the enforcement of court decisions; 2) implements effective procedures for determining or changing the method or procedure of enforcement of decisions unrelated to property; 3) improves the procedure of enforcement of decisions that obligate the debtor to act or refrain from acting in a certain way; 4) revises and revokes unjustified moratoriums on the enforcement of decisions in which state-owned enterprises are named as debtors; 5) improves the procedure for enforcement of decisions of international arbitration courts in Ukraine. |
Ministry of Justice of Ukraine | The draft law has been submitted to the Parliament of Ukraine. |
There is no progress in the implementation of the measure
|
||
| 4 | 2.1.4.4.4 Implementing a Unified State Register of Enforcement Documents taking into account the architecture requirements for subsequent application of data array technologies | State Judicial Administration of Ukraine | Міністерство юстиції України | The Unified State Register of Enforcement Documents that factors in the architecture requirements for the application of data array analysis technologies has been put into commercial operation. |
The measure has not been implemented
|
|
| 5 | 2.1.4.4.5 Ensuring the data exchange and interoperability between the Automated System of Enforcement Proceedings and the Unified State Register of Enforcement Documents | State Judicial Administration of Ukraine | Міністерство юстиції України, ДП «Національні інформаційні системи», Державне підприємство "Інформаційні судові системи" | Automatic data exchange and interoperability between the Unified State Register of Enforcement Documents and the Automated System of Enforcement Proceedings have been ensured. |
Implementation of the measure has not started
|
Indicators of achievement of ESR
Total number of indicators – 4
Indicators fully achieved – 0
Partially achieved indicators – 0
Indicators with a score of 0% – 4
Summarized general information about Achievement Indicators
| № | Indicators | Weight (%) |
|---|---|---|
| 1 |
A law has taken effect, which: a) envisages further digitalization of the enforcement processes, in particular, the mandatory connection of banks to the data exchange system through the automated system of enforcement proceedings to ensure automated seizure of debtors’ funds in their accounts (8 percent); b) improves the procedure of enforcement of decisions that obligate the debtor to act or refrain from acting in a certain way (7 percent); c) introduces efficient and effective judicial control over the enforcement of court decisions (7 percent); d) implements effective procedures for determining or changing the method or procedure of enforcement of decisions unrelated to property (7 percent); e) revises and revokes unjustified moratoriums on the enforcement of decisions in which state-owned enterprises are named as debtors (7 percent); f) expands possibilities for enforcement of decisions by private enforcement officers (7 percent); g) improves the procedure for enforcement of decisions of international arbitration courts in Ukraine (7 percent). |
50% |
| 2 | The Unified State Register of Enforcement Documents has been put into commercial operation, taking into account the architecture requirements for subsequent application of data array technologies. | 20% |
| 3 | Data exchange and interoperability between the Unified State Register of Enforcement Documents and the Automated System of Enforcement Proceedings have been introduced. | 20% |
| 4 |
at least 80 percent of justice experts estimate that: a) the enforcement processes are completely or mostly efficient and effective (in particular, owing to digitalization) (3 percent); b) legislative provisions completely or mostly prevent the parties from abusing their rights during enforcement proceedings in a balanced manner and without prejudice to the legitimate interests of these parties (3 percent); c) the legislation does not impose unjustified moratoriums on the enforcement of decisions in which state-owned enterprises are named as debtors (2 percent); d) the scope of activities of private enforcement officers is defined fully or optimally for the most part (2 percent). |
10% |