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Getting Paid in Ukraine

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

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Getting Paid in Ukraine

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  1. Getting Paid in Ukraine Moscow | 2013

  2. 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 • Dilatory tactics • Asset-stripping Moscow | 2013

  3. Vast problem with enforcement of court judgments 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 Moscow | 2013

  4. Enforcement against the State • 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 Moscow | 2013

  5. Practical problems in enforcement proceedings in Ukraine • 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 Moscow | 2013

  6. Solutions for effective debt collection 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 Moscow | 2013

  7. Complex approach – the secret of your debt collection success Moscow | 2013

  8. Contacts Head Office EurasiaBusiness Centre, 75 Zhylyanska St., 5th Floor, 01032 Kyiv, Ukraine Tel.: +38 (044) 390 55 33 Fax. +38 (044) 390 55 40 West UkrainianBranch 6 GeneralaChuprynky St., Office 1, 79013 Lviv, Ukraine Tel.: +38 (032) 242 96 96 Fax: +38 (032) 242 96 95 South UkrainianBranch PokrovskyBusiness Centre 33 Zhukovskogo St., 6th Floor, Office 601 65045, Odesa, Ukraine Tel./Fax: +38 (048) 711 74 74 mail@arzinger.ua www.arzinger.ua Sergiy Shklyar, Dr. jur., Attorney-at-law, Founding Partner Sergiy.Shklyar@arzinger.ua Moscow| 2013

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