Dispute resolution and judicial training assessments

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2010 Judicial Decisions Assessments

In 2010 and 2011, the EBRD began a qualitative evaluation of judicial decisions in commercial law in the CIS, Georgia and Mongolia. The first phase of this evaluation covered Kazakhstan, the Kyrgyz Republic, Moldova, Mongolia, Russia, Tajikistan and Ukraine. The second phase covered Armenia, Azerbaijan, Belarus, Georgia, Turkmenistan and Uzbekistan. In 2012, a third phase was conducted in South East Europe, covering: Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Kosovo, Montenegro, FYR Macedonia, Romania, Serbia and Slovenia.

Using a purposive sampling methodology to select typical decisions, the Judicial Decisions Assessment studied seven dimensions of judicial capacity, viewed primarily through the prism of the decisions, namely: predictability; quality of the written judgment; legislative impediments; speed; cost; implementation and impartiality. Local experts in each target country selected decisions and assessed the dimensions, after which all decisions and local evaluation data were passed to an expert panel for analysis.

Assessment of bailiffs and enforcement agents

In 2013, the EBRD started a comparative assessment of the effectiveness of bailiffs and enforcement agents in the CIS, together with Georgia and Mongolia. The assessment examined the regulation and supervision of enforcement agents; their effectiveness in searching for, seizing and selling assets of debtors; the costs and time frames associated with enforcement procedures; and the difficulties encountered in the enforcement against particular kinds of assets.

 

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