The situation of non-enforcement of judgments has become alarming. The most significant problem for businesses is in the enforcement of judgments against the state since the legislation provides extremely limited tools for enforcement of such decisions. Because of this, the business is forced to lodge complaints with the Council. During the seminar, we shared the practice of investigating such complaints.
In particular, we considered:
- Status of enforcement of court decisions from the perspective of the BOC's practice
- Practical observation of legal liability for non-enforcement of the court decision (based on BOC's cases)
- Problem points related to enforcement of the non-monetary decisions issued against state authorities (issuance of permits, registration actions, amendment of databases etc.)
- Enforcement of monetary decisions by the State Treasury Service (moratoriums and state guarantees)
- Judicial control over the enforcement of court decisions
Andriy Bodnarchuk, Investigator, Business Ombudsman Council. Andriy is an expert in the area of criminal and administrative law and procedure as well as tax law. Earlier he worked as an attorney at law and a senior associate at Sokolovskyi and Partners Law Firm. In the Business Ombudsman Council, Andriy is responsible for the preparation and conduct of expert groups with the Main Investigative Department of the National Police of Ukraine and the Main Investigative Department for Financial Investigations of SFS of Ukraine. The most complex and multi-episodic complaints against law enforcement authorities, lodged with the Business Ombudsman's Council are submitted for consideration of such expert groups.
Oleh Mykhaliuk, the Business Ombudsman Council's investigator. Oleh has 10 years of experience in litigation, administrative and criminal law. Before joining the BOC, Oleh worked as a senior associate for PwC Legal. He is a member of the expert group on state enforcement issues under the Memorandum of Cooperation between the Ministry of Justice and the BOC. The most complicated complaints involving judicial enforcement matters are subject of the expert group's consideration.