The disciplinary commissioner of the Association of Private Performers of Ukraine has established a fee for the preparation of conclusions on the actions of private performers within the existing disciplinary procedures.
The relevant decision was made during the last meeting of the Council of Private Performers of Ukraine, which took place on January 21, 2020, reports“Law and Business”.
The fee is set at UAH 3,000. (including taxation) for one conclusion.
Disciplinary commissioners are officials of the Association of Private Performers of Ukraine whose task is to represent the interests of performers at meetings of the disciplinary commission.
The institute was established in June 2019. Then ADER HABER counsel, lawyer Oleksiy Solomko and doctor of law, professor Olena Ovcharenko won the competition for the position of disciplinary commissioners. In connection with the election of O. Solomko as a member of the disciplinary commission of private performers, in June 2020 the lawyer Diana Yakovlev was also elected the disciplinary commissioner.
“Although the institute of disciplinary commissioners was introduced to counteract the biased consideration of cases by a disciplinary commission formed during the term of the Minister of Justice Pavlo Petrenko, in fact the main burden of work for disciplinary commissioners fell on the term of Denis Malyuska,” O. told the Law. Straws.
The lawyer explained that during the entire term of office of the Ministry of Justice Petrenko, who was accused of bias against private performers, the disciplinary commission considered only 55 submissions against private performers, of which only 23 were satisfied (3 suspended). During the cadence of the new team of the Ministry of Justice, which promised not to repeat the “criminal mistakes of its predecessors”, 274 submissions passed through the disciplinary commission, which involved 66 executors (29 of them were stopped).
It is clear that the work of the disciplinary commissioners has significantly increased. Thus, if O. Solomko managed to prepare 11 conclusions, then O. Ovcharenko had to prepare 47 conclusions. D. Yakovleva prepared 4 conclusions.
As a result of O. Ovcharenko’s work, out of 47 prepared conclusions, only in 16 cases the Ministry of Justice applied a penalty to the executor. In O. Solomko’s case, the Ministry of Justice only once ignored the position set out in the conclusion.
However, even when Ovcharenko’s and Solomko’s findings were not taken into account by the Ministry of Justice, private executors went to court. And the courts have already fully accepted the position set out in the conclusions of the disciplinary commissioners and overturned the decisions of the disciplinary commission. Currently, the examination of the conclusion of the disciplinary commissioner has become the standard of case law.
“From my own experience, I would like to note that the preparation of the conclusion of the disciplinary commissioner is a rather labor-intensive process,” O. Solomko noted. – It is necessary to study the materials of the enforcement proceedings, the materials of the inspection, to find out from the executor all the circumstances that may be relevant to the case, to investigate the existing case law. In fact, it is a qualified legal work that was performed on a voluntary basis. ”
Adviser ADER HABER is convinced that so far the disciplinary commissioners have managed to maintain the quality of preparation of conclusions. However, given the frequency of meetings of the disciplinary commission and the number of requests from private executors for the disciplinary commissioner, the “public workload” of preparing an opinion has become the main job. “Under such conditions, the question arose of the further possibility of providing free legal aid to disciplinary commissioners. Despite the fact that the authorized,
in addition to preparing the conclusion, he must also take part in the meeting of the commission, – he noted. – Olena Ovcharenko came to Kyiv 17 times at her own expense from Kharkiv to support private performers. It is clear that no one reimbursed her personal expenses, and no one from the Association has thanked her for their initiative. ”
Taking into account the taxation, for the preparation of the conclusion the Disciplinary Commissioner will receive about 1.5 thousand UAH. How much is the amount for work in the professional legal market is a question.
“It has long been time for private performers to start defending themselves professionally. The Association of Private Performers is already firmly on its feet, and advocating for the interests of the entire community should be a top priority. Ultimately, by providing qualified protection to executors, the rights of debt collectors to enforce the decision are protected. And the potential of the judicial system of the state depends on the ability to enforce the decisions made by the courts, “O. Solomko summed up.