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Union européenne des huissiers de justice

 
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2nd International Conference of the Compulsory Enforcement Service of Armenia

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The Compulsory Enforcement Service of the Republic of Armenia held on 13 and 14 October 2014 in Tsaghkadzor its second international conference on the theme "Traditional and Innovative Solutions Relating to Enforcement Proceedings"

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The UIJH delegation led by its president Leo Netten, included Bernard Menut, 1st Vice-President, Marc Schmitz, board member, and Jos Uitdehaag, 1st Secretary. The following 16 countries were represented: Belgium, Belarus, the Czech Republic, Estonia, France, Georgia, Greece, Kazakhstan, Latvia, Lithuania, Moldova, the Netherlands, the Russian Federation, Serbia, Slovakia, and Sweden.

Tsaghkadzor is located about 50 km from the capital Yerevan. The conference was opened by Major-General Mihran Poghosyan, judicial officer in Chief of the Compulsory Enforcement Service of the Republic of Armenia, Galust Sahakyan, President of the National Assembly of the Republic of Armenia, and Leo Netten.

In the first workshop Artur Parfenchikov, Director of the Enforcement Service of the Russian Federation, presented the innovative approaches undertaken in his country to increase the effectiveness of enforcement procedures. Then Andres Hermet, President of the Chamber of judicial officers of Estonia gave a report on the latest technological measures that have been taken to improve the enforcement process in his country. Bernard Menut then presented to the public the latest technologies implemented in France to facilitate the identification of the debtor and the transparency of assets.

In a second workshop Sven Khilgren, director of the Swedish Enforcement Authority presented the economic model used by his administration to conduct enforcement proceedings in Sweden. Then the director of the Computer Science Department of the Compulsory Enforcement Service of Armenia, Gagik Harutyunyan, gave an explanation of the electronic system in place regarding the search and seizure of property of debtors in his country. Thus he introduced access to various databases available to judicial officers of Armenia, covering computer technology which includes all the databases in a single module.

After this presentation, Papuna Papiashvili from the National Bureau of Execution of Georgia (NBE) showed the conference participants the achievements of the NBE as regards technological development. A large portion of the enforcement is currently carried out electronically. It is the same for public sales which are currently electronically (e-Auction) processed. In addition, digital connections exist with banks to allow electronic bank attachments. The same topic was approached in the next presentation by the President of the National Chamber of Judicial Officers of Lithuania, Aleksandras Seleznyovas. He claimed that electronic auctions in Lithuania have dramatically increased the effectiveness of enforcement procedures. They have not only strengthened transparency, but they also are more effective. In addition, prices are much higher than in conventional public sales. In Lithuania 900 electronic auctions are currently carried out every month.

Andrey Avdeyev, Chief Judicial Officer of the Republic of Belarus then informed the participants of the conference on the latest development in his country as regards information technology. The last speaker of the day, Andris Spore, Chairman of the Chamber of Judicial Officers of Latvia, concluded by the presentation of the latest innovations into force in information technologies. Thus judicial officers are exempted from most of the costs related to the delivery of information concerning the person and property of the debtor.

The second day was also divided into two workshops. The first workshop was chaired by Bernard Menut. The first speaker of the second day was Jos Uitdehaag. The focus of his speech was mainly set on the development of monitoring and control of the various instruments in the hands of enforcement agents. In particular he considered that European standards are extremely important for the development of ethics within the profession. Thus he argued further to refine the Guidelines of the CEPEJ in quality standards.

The second speaker of the day was Lionel Decotte as a representative of the National Chamber of Judicial Officers of France. Mr Decotte mentioned in his speech the enforcement on the debtor's assets in his country, including the seizure of various types of licenses (taxi license, etc.). Oxana Novikov, general secretary of the National Union of Judicial Officers of Moldova then spoke. Moldovan colleagues changed their status and became liberal judicial officers only a few years ago. Ms Novikov gave in her speech a brief overview about effective search in her country of enforceable assets of a debtor. The final speaker of the first workshop was the president of the Greek Federation of Judicial Officers, Efthimios Preketes. In his speech, he expressed the limitations imposed by law on the judicial officer in the context of forced execution in Greece.
 
After a short coffee break, the second workshop was opened under the chair of the Executive Director of the Council of Judicial Officers of Latvia, Guna Berlande. The first speaker of the workshop was Nessibeli Bassenova, President of the Regional Bureau of Private Judicial Officers of Kostanay (Kazakhstan). In her speech, Ms Bassenova presented to the conference participants an overview of the current status of liberal judicial officers in Kazakhstan. The status of Kazakh colleagues is based on the French system. Since the introduction of the liberal statute system, many amendments have occurred. Thus, debtors cannot leave the country unless they pay their debts. In addition, it should be noted that the number of State employed judicial officers constantly decreases while the number of liberal judicial officers is steadily increasing.

The second speaker of this workshop was Elin Vilippus, Judicial Officer in Tallinn (Estonia). She gave in her presentation a report on the limits set by the Estonian Parliament as regards service of documents, obtaining an enforceable title and enforcement. Then Aleksandra Tresnjev, President of the Executive Council of the National Chamber of Judicial Officers of Serbia spoke together with Zoran Dukic, President of the Bureau of the Judicial Officers of Serbia. In their response, they addressed the constitutional and legal guarantees of the independent status of judicial officers. It should be noted that there is a double system of judicial officers in Serbia, i.e. State employed judicial officers (who carry out exclusive cases) who coexist with liberal judicial officers.

Vladimir Gureyev, head of Chair Bailiff Service organisation and Enforcement Procedure of the Russian Legal Academy of the Ministry of Justice of the Russian Federation, then took over. He discussed in his presentation problems relating to finding an authentic enforcement model in the Russian Federation. The penultimate speaker of the day, Vladimir Plasil, Board Member of the Chamber of Judicial Officers of the Czech Republic, presented an overview of the current situation regarding enforcement of monetary claims in his country. In the Czech Republic, the ratio between judicial officers and residents is unusually high compared to EU average. Thus there is one judicial officer for 68,000 inhabitants. In his speech, he addressed the particular problem of corruption.

The workshop was concluded with a speech by Denisa Vargová, Board Member of the Chamber of Judicial Officers of Slovakia and Director of the Department of Monitoring and Control of the activities of judicial officers in her country. In her speech she addressed the position of consumers and their protection thereof in the enforcement process.

Finally Leo Netten once again drew the attention of the audience to the paramount importance for the profession of judicial officer of the Guidelines of the CEPEJ of 17 December 2009 on enforcement. The conference was closed by Mihran Poghosyan who thanked all the speakers and all the participants coming from many places. As last year in Yerevan, everyone was able to appreciate the excellent organisation of the event and the sense of welcome of our Armenian colleagues.

As part of the programme of the conference, the delegations paid a visit to the Armenian Genocide Memorial and Museum-Institute. President Netten laid a wreath at the Memorial of the Genocide victims. The delegation members laid flowers at the eternal fire and honoured the victims with a moment of silence. The delegations also visited the exhibition in the museum, representing the history of the Armenian Genocide and the Memorial Alley. On behalf of UIHJ Leo Netten planted a fir tree.
  
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From left to right : Leo Netten, President of the UIHJ, Galust Sahakyan, President of the National Assembly of the Republic of Armenia, Mirhan Poghosyan, Chief Compulsory Enforcement Officer of the Republic of Armenia, Vardan Markaryan, Deputy Chief of Staff at the Office to the President of the Republic of Armenia, Armen Harutyunyan, Deputy Chief Compulsory Enforcement Officer of the Republic of Armenia
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Leo Netten, President of the UIHJ
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Mihran Poghosyan, Chief Compulsory Enforcement Officer of the Republic of Armenia
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Bernard Menut, 1st Vice-President of the UIHJ
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From left to right : Bernard Menut, 1st Vice-President of the UIHJ, Jos Uitdehaag, 1st Secretary of the UIHJ, Marc Schmitz, member of the board of the UIHJ, Oxana Novikov, Secretary General of the National Union of Judicial Officers of Moldova
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From left to right: Leo Netten, President of the UIHJ, Guna Berlande, Executive Director of the Council of Judicial Officers or Latvia, Mirhan Poghosyan, Chief Compulsory Enforcement Officer of the Republic of Armenia, Vardan Markaryan, Deputy Chief of Staff at the Office to the President of the Republic of Armenia, Armen Harutyunyan, Deputy Chief Compulsory Enforcement Officer of the Republic of Armenia
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