Cross-Regional Assessment on readiness for online courts
In 2022-2023, the EBRD carried out an Assessment to evaluate the degree to which 17 EBRD economies in Eastern Europe and the Caucasus, Central Asia, South-eastern Europe, Southern and Eastern Mediterranean and Türkiye are ready to introduce, or have already developed, online courts for commercial disputes. The Assessment examines whether the key preconditions are in place for having comprehensive online court which includes various stages of the litigation. It was conducted within the EBRD Regional Framework Project on Digital Transformation of Courts – Development of Online Courts for Small Claims. It is our belief that online courts will revolutionise the delivery of justice, particularly for those who have limited access to it, such as small and medium-sized businesses.
- Kyrgyz Republic
- EBRD supports development of online courts for small claims
From digitisation to digital transformation: A case for online courts in commercial disputes? (Draft Discussion Paper)
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.
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.
- Article on Phases 1& 2 of the Judicial Decisions Assessment [see annex 1.2, page 18]
- Summary of Phase 1 of the Judicial Decisions Assessment (Russian)
- Report on Phase 3 of the Judicial Decisions Assessment, South East Europe