Getting Paid in Ukraine
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Getting Paid in Ukraine Moscow | 2013 1
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Getting Paid in Ukraine. What to expect when collecting the debt in Ukraine?. Almost no voluntary enforcement ( “debts pay only cowards” ) Debtors used to “ fight till the end” and use all possible (sometimes even unlawful) methods Non effective functioning of the State Enforcement Service - PowerPoint PPT Presentation
Transcript of Getting Paid in Ukraine
Getting Paid in Ukraine
Moscow | 20131
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• Almost no voluntary enforcement (“debts pay only cowards”)
• Debtors used to “fight till the end” and use all possible (sometimes even unlawful) methods
• Non effective functioning of the State Enforcement Service
• Dilatory tactics• Asset-stripping
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What to expect when collecting the debt in Ukraine?
• Pilot judgment of the ECHR – Ivanov v Ukraine (2009)• The problem is still not solved and the ECHR resumed
consideration of cases against Ukraine re longstanding non-enforcement of court judgments
• New law “On Enforcement Proceedings” did not bring expected improvements
• The law “On State’s Guarantees of Enforcement of Court Judgment” also did not solve the problem
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Vast problem with enforcement of court judgments in Ukraine
• Restrictions by the laws “On Moratorium on Compulsory Sell of Property” and “On Measures for Securing Sustainable Functioning of Enterprises of Fuel and Energy Complex”
• The law “On State’s Guarantees of Enforcement of Court Judgment”
• TMR Energy Limited v State Property Fund of Ukraine• Regent v Ukraine• Merchant International Company Ltd v NAK Naftogaz• Agrokompleks v Ukraine
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Enforcement against the State
• State enforcement officers work very inefficiently and slowly
• Lack of effective mechanism for tracing of debtor’s assets
• No proper functioning of state registers for land and real estate property
• Lack of efficient way to perform non-pecuniary claims
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Practical problems in enforcement proceedings in Ukraine
• Cooperation with the State Enforcement Service• Provision of additional private asset tracing• Obtaining freezing injunctions in advance before the
enforcement proceedings• Control of the status of the debtor, its property and
dialog with the debtor• Criminal complaint against debtor for willful non-
performance of judgment• Complains against state enforcement officers
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Solutions for effective debt collection in Ukraine
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DEBT COLLECTION
Asset Tracing
Negotiation
Restructuring
Appeals to state authorities Bankruptcy
Litigation
Criminal Prosecution
Mediation
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Complex approach – the secret of your debt collection success
Head OfficeEurasia Business Centre, 75 Zhylyanska St., 5th Floor, 01032 Kyiv, UkraineTel.: +38 (044) 390 55 33Fax. +38 (044) 390 55 40
West Ukrainian Branch6 Generala Chuprynky St., Office 1, 79013 Lviv, UkraineTel.: +38 (032) 242 96 96Fax: +38 (032) 242 96 95
South Ukrainian BranchPokrovsky Business Centre33 Zhukovskogo St., 6th Floor, Office 60165045, Odesa, UkraineTel./Fax: +38 (048) 711 74 74
Sergiy Shklyar, Dr. jur., Attorney-at-law, Founding Partner [email protected]
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