INTEGRITES held a business breakfast on “Actual issues of repayment of credit debts”

On November 23, INTEGRITES held a business breakfast devoted to the “Actual issues of repayment of credit debts.”

The main speakers were:

• Evgeny Stepanyuk (National Bank of Ukraine)
• Elena Korobkova (Independent Association of Banks of Ukraine)
• Svetlana Vladimrinenko (judge of the Supreme Economic Court)
• Boris Polyakov (judge of the Supreme Economic Court)
• Roman Klimenko (State Executive Service of Kiev region)
• Sergey Nikolaev (The Council of Private Performers of Ukraine)
• Volodymyr Pavlenko (INTEGRITES)
• Andrey Gaichenko (INTEGRITES)
• Orest Tsimerman (INTEGRITES)

 During discussion, participants shared their experience and practical recommendations on key issues:

1. Probank сhanges in bankruptcy and new judicial practice
2. Private performers. The first practice: pros and cons
3. Release of objects that were in the mortgage and passed to the bank’s ownership from illegal users

Evgeny Stepanyuk (National Bank of Ukraine)

Separate details of the credit restoration program were disclosed. The problem of NPL in banks was considered, including the problem of the ratio NPL and credit risk. The DL on debt management activities was discussed. The problem of banks’ liquidity was considered, as well as the problem of strengthening of economy regulation.

Elena Korobkova (Independent Association of Banks of Ukraine)

The legal personality of debt management companies and the legal personality of factoring companies were compared. The probability of the fact that the introduction of such debt management companies in Ukraine will in fact lead to discrimination of factoring companies.

Svetlana Vladimrinenko (judge of the Supreme Economic Court)

The problem of the right for claim about invalidate the decision of the general meeting of the joint-stock company was highlighted. The problem of delimitation of administrative and economic jurisdiction of cases were discussed. The practice of evaluation and comparison of legal constructions of factoring contracts and assignment of the right of claim was considered.

Boris Polyakov (judge of the Supreme Economic Court)

The problem of the legal personality of the parties to the contract of assignment of the right of claim was highlighted in the context of the status interdependence of the assignee and the assignor, if the assignor is a bank. The schemes for evading unscrupulous creditors from property liability through the use of bankruptcy procedures were discussed.

Roman Klimenko (State Executive Service of Kiev region)

The influence of the introduction the institution of private performers on the activities of the State Executive Service of Ukraine was disclosed. The workload of state executors was discussed. The problem of distribution of affairs between state and private executors was highlighted.

Sergey Nikolaev (The Council of Private Performers of Ukraine)

The foreign experience of private performers’ activity was covered. The tendencies of reforming the system of judgments execution in Ukraine were discussed. The comparison of  legal status and powers of state and private executors was carried out. The problem points of preparation system and private performers selection were considered. The workload issues of private performers were discussed. The first actual problems in private executors work were covered: irrelevant legislation, negative experience of communication with fiscal bodies, irrelevant and incomplete information in registers. The problem of limited powers of the assistant to the private executor was revealed.

Andrey Gaichenko (INTEGRITES)

The problem of the grounds for individuals and legal entities eviction was discussed. The problems of persons removal from residence registration. The ratio of creditor’s rights to the borders of criminal responsibility for violation of the housing rights of debtors was discussed. The ways of minimization of criminal risks upon eviction, as well as revealing of things in the objects, on which the recovery is drawn, were highlighted.

Orest Tsimerman (INTEGRITES)

The problem of the creditors’ right to appeal decisions in the bankruptcy case was highlighted. The situation of partial recognition as illegal and invalid of the Regulation on the automated system in the aspect of the new procedure for appointing an arbitration administrator was analyzed. The review of judicial practice tendencies of results invalidation of the auction was conducted. The ways and prospects for credit restoring and improving the investment climate in Ukraine were discussed.