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HomeSéparateurFocusSéparateurEuropeSéparateurRussiaSéparateurThe UIHJ at the International Conference of Saint-Petersburg (6 to 8 July 2010)
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The UIHJ at the International Conference of Saint-Petersburg (6 to 8 July 2010)

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Bernard Menut, 1st Vice-President of the UIHJ, took part during three days in the conference organized by the Federal Service of Enforcement of the Russian Federation, whose topic was “Enforcement of Acts of Courts and Other Bodies – Powers of Officials in the Exercise of Executive Actions”, and which joined together, within the framework of the University of St-Petersburg, law professors, legal officers and enforcement agents of the Russian Federation, Belarus, Israel, Azerbaijan, Finland, Germany, Czech Republic, Estonia, Lithuania and Latvia

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From Left to Right : Serguei Sazanov, Deputy Director of the Federal Service of Judicial Officers of the Russian Federation, Bernard Menut, 1st Vice-President of the UIHJ, Artur Parfenchikov, Director of the Federal Service of Judicial Officers of the Russian Federation
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Sharing the Best Practices

Bernard Menut presented the UIHJ, its objectives as well as its actions in particular within the various international agencies. During the joint press conference held with Alexander Vladimirovich Konovalov, Minister for Justice of the Russian Federation, the 1st Vice-President of the UIHJ underlined how much the Rule of law within a state meant having effective means to carry out legal decisions, and how important it was for the Russian Federation to have a body of enforcement agents highly trained and respected. The sharing of European experience, in the diversity of existing models, gives the Russian Federation the opportunity of taking as a starting point the best practices in Europe, while benefitting in particular from the dynamics provides by a model of private enforcement agents.

The minister announced that a reflection was organized within his ministry in order to find new ways to increase the effectiveness of the current system in particular by transferring to the private sector certain activities and that for this reason, the Russian Federation was delighted to have joined the rows of the UIHJ in order to share the best existing practices in the world. Mr. Konovalov confirmed that his ministry had organized an analysis of the two models of enforcement agents.

Professor Vladimir Yarkov, chief of the department of civil procedure of the Legal State Academy of Ural, member of the Scientific Council of the UIHJ, presented an analysis of the enforcement system in Russia taking into consideration the orientation of the “independent” and “budgetary” models. In both the “State” and the “Independent” models, enforcement agents must have an easy and fast access to all patrimonial information regarding the debtor. Incidentally this point was underlined during the seminar in particular by Mrs. Yelena Borisenko, chief of the Bureau of Legal Assistance of the Ministry of Justice of the Russian Federation.

The presentation of the activity of enforcement agents of the Russian Federation (76 000 civil servant agents) was one of the key moments of the conference. The provided figures by Mr. Artur Parfenchikov, Director of the Federal Service of the Enforcement Agents of the Russian Federation, show a growth of the procedures. One of the outstanding elements of the presentation is the concern of finding the means of a better effectiveness of enforcement agents.

All the speakers insisted on the contributions that new technologies can provide, in particular in the access to information or in publicity for the realization of the seized assets, in particular as regards sale of seized real properties. The Israeli experience, presented by Mrs. Izabella Dragonetskaya, Vice-President of the Israeli Center of Enforcement and the Authority of Covering, showed how much a powerful technical organization - in particular an automated and broad access to patrimonial information, but also the use of SMS, phone calls - can help to increase the effectiveness of covering. An advertizing campaign in direction of debtors was even worked out by the Service and was broadcasted in the Medias in Israel.

Seeking a More Powerful Model

Our fellow-members Inga Karalene, President of the National Chamber of Lithuania, and Ginters Hmelevskis, President of the National Chamber of Latvia, underlined how much the change to an independent statute had been able to increase the effectiveness of the enforcement agents in their countries. In Lithuania, the introduction of the “electronic” execution, i.e. paperless, should still improve the speed of enforcements and give new means to the judicial officers of Lithuania.

Mr. Vladimir Plasil, Vice-President of the commission of the association of the judicial officers of the Czech Republic, underlined in his presentation of the Czech system of enforcement of legal decisions, how much the privatization of the system was beneficial for justice in the Czech Republic. He insisted on the added-value for a system of execution to financially incentivize enforcement agents in the result of enforcement.

The vice-chancellor of the State University of St Petersburg, Nickolay Propachev, underlined how much certain private aspects of the enforcement of legal decisions which were presented during the works could constitute an interesting move for the legislation of the Russian Federation, and this in the near future.
A very interesting communication was presented by Mikhail Schvartz, associated professor at the Department of Civil Procedure of the State University of St Petersburg, in connection with the legal aspects of the personal restrictions imposed to the debtor in complement or instead of enforcement measures. These restrictions can relate to the driving license, or the capacity to going abroad. It seems that such restrictions give remarkable results, in particular with regard to payment of alimonies. The State of Israel which uses these restrictive measures in complement of enforcement measures of legal decisions for insolvent debtors and under certain conditions appears satisfied with the results obtained by such provisions. But many participants underlined how much these measures can go against individual freedom, and it was stressed that they could be in contradiction with the European Convention on Human Rights.

Mrs. Elin Vilippus presented the statute of the Estonian enforcement agents. She insisted on initial training and the control of the agents. It is clear that initial training of enforcement agents appears superior in the countries having established an “independent” model. This thus has a very positive influence on the execution of legal decisions as well as on the reduction of complaints against judicial officers.

Mr. Vladimir Gureev, chief of the Enforcement Department of the Russian Legal Academy, insisted for his part on the principles of independence and their implementation in the activities of enforcement agents. The independence of enforcement agents cannot be compared with that of Judges. The principle of independence must be defined by the law. It is often regarded as only economic, whereas it must be deeper. Mr. Gureev considers that it is necessary from now on to seek a more powerful model for the enforcement of legal decisions.

Covering of the event by the Russian TV including presentations by the Russian Minister for Justice and by Bernard Menut, First Vice-President of the UIHJ (Language: Russian):
 
http://www.tv100.ru/news/Dolzhniki-ostanutsja-bez-voditelskih-prav-27509/
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Alexander Konovalov, Federal Minister of Justice of the Russian Federation
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Artur Parfenchikov, Director of the Federal Service of Judicial Officers of the Russian Federation
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Nikolai Kropachev, Vice-Chancellor of the State University of Saint-Petersburg
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Vladimir Yarkov, chief of the department of civil procedure of the Legal State Academy of Ural, member of the Scientific Council of the UIHJ
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Elin Vilippus, judicial officer, in charge of international affairs of the National Chamber of judicial officers of Estonia
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Ginters Hmelevskis, President of the National Chamber of Judicial Officers of Lithuania
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