The Ministry of Justice of the Republic of Armenia has put the Draft of the Decision of the Government of the Republic of Armenia “On approving the policy paper on Introduction of the private system of compulsory enforcement” out for public discussion.
The Policy Paper presents the possibility of introduction of the private system of compulsory enforcement and the specific problems to be addressed by this introduction, as well as outlines the possible solutions brought by the reforms to provide essential conditions for introducing the private enforcement system in the Republic of Armenia.
The development of the Policy Paper is conditioned by the urgent need to raise the productivity of the operation and performance results of compulsory enforcement system. In the eyes of the Armenian authorities, the context the whole or partial introduction of the private enforcement system in the Republic of Armenia will give an opportunity:
- To raise the productivity of the whole system of compulsory enforcement and certain compulsory enforcement officers as well.
- To ensure the involvement of highly professional personnel due to the higher and stable profitability of the private system.
- To decrease the resources of the state budget allocated to the state system of enforcement.
- To decrease the tension and conflict between the creditor, debtor, and the state in face of the judicial officer, which will cause the decrease of the social, political, and economic tension of the compulsory enforcement system.
- To promote the voluntarily and operative fulfilling of the obligation by the debtor, which will allow reaching the realization of the final goal of the judicial act, and, on the other hand, will decrease the interference of the state in disputes arising from the civil legal relations.
- To raise the reputation of the judicial system in the eyes of the public by the promotion of the effectiveness of the compulsory enforcement of the judicial acts.
The Ministry of Justice of the Republic of Armenia underlines that the private system of compulsory enforcement is widespread in the world and operates, for example, in Estonia, Belgium, France, Georgia, Hungary, Italy, Kosovo*, Lithuania, Moldova, the Netherlands, Poland, Romania, Slovenia, Slovakia, and several other countries. Bulgaria, Canada, Great Britain, Kazakhstan, and some other states have a mixed system of compulsory enforcement.
Considering the essential role of the enforcement of the judicial act in guaranteeing the right to fair trial the Armenian authorities ask all interested people and bodies to actively participate in the public hearings of the Policy Paper and to support in raising potential questions regarding the Policy Paper, including through meetings.
This initiative of the introduction of the private enforcement system in the Republic of Armenia is welcomed by the UIHJ and gives its full support.
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