The Association of European Business Took Part in the Advisory Board at the Ministry of Justice

On September 23, 2014, the draft law on collection and private bailiffs was discussed at the regular meeting of the Public Advisory (Expert) Board at the Ministry of Justice chaired by Igor Tushinsky, the Deputy Minister of Justice. Yauhen Mardasevich, the Head of GR with the Association of European Business, took part in the work of the Board.

Zhanna Mikhalevich, the deputy head of the Legal Profession and Licensing of Legal Activities Department at the Ministry of Justice, underlined in its reporton the status of the enforcement proceedings and new opportunities for law firms (including debt recovery by lawyers) that currently there is no need for a separate collection law.

The AEB expert Yauhen Mardasevich noted that there is a separate regulation on collection activity in the USA. However, it applies more to consumer protection rather than to enforcementof contracts.

The representative of the Ministry of Economy pointed out the difficulties that may arise in the implementation of this institution in the Republic of Belarus in terms of the lack of resources by public authorities.

Summarizing the discussion, Igor Tushinsky noted that the Ministry of Justice lacks the understanding where to place collectorsin the enforcement system, taking into account the existing practice of debt collection and enforcement mechanisms.

In the secondpart of the meeting Svetlana Snitko, the head of the Legal Regulation of Enforcement Department at the Ministry of Justice, made a presentation on how the system of private bailiffs is being formed and functions in other countries, as well as outlined new possibilities of the institute of public bailiffs in Belarus. Bailiffs are required to work online, and the resources for improving the quality and efficiency of their work, including monetary incentives, have not been exhausted yet, she said.

The members of the Advisory Board agreed that there is a certain margin of safety and opportunities for the development of competencies of public bailiffs in Belarus. Moreover, the international experience shows that there is still no clear understanding of the need to introduce the institute of private bailiff in the Republic of Belarus.