This technical cooperation project aims to enhance the capacity of Kyrgyz bailiffs to implement court decisions in commercial matters. The project will examine the regulatory impediments and training needs which affect bailiff’s ability to locate and seize assets in satisfaction of judgement debts. It will deliver recommendations and implement an action plan for the legislative and regulatory framework, strengthening the institutional capacity of the Court Enforcement Agency (CEA), and enhancing the knowledge and skills of bailiffs to improve their professional abilities.
As in many transition countries, non-enforcement of court decisions in Kyrgyzstan remains a key obstacle to investor confidence. Investor trust in the enforcement system to a large extent depends on a strong legal and regulatory regime, preparedness of the bailiffs and the use of innovation in accessing information when searching for assets and selling them as well as publicizing information about the actions of enforcement agents.
Among particular problems are lengthy delays, a low enforcement rate that is estimated to be only 30%, lack of effective measures to prevent and punish debtors who hide assets and evade court orders, and few efficient mechanisms for bailiffs to obtain relevant information on debtors’ assets. This is corroborated by the EBRD’s Enforcement Assessment in CIS, Georgia and Mongolia carried out in 2014, which revealed Kyrgyzstan’s enforcement framework and practice to be poorer than the regional average in relation to most dimensions studied in the assessment. Although various international organisations, including EBRD, have been working on improving the judicial sector, very little has been done with regards to improving court decision enforcement.
The Kyrgyz Republic has a public enforcement system with approximately 200 officers employed by the Court Enforcement Agency of the Court Department, which is under the Supreme Court. It is governed by the Law on enforcement procedure and status of court enforcement officers (the Enforcement Law), dated 2002. This law has not been substantively revised or updated since that time.
The Legal Transition Team (LTT) has been conducting policy dialogue with the Court Department at the Supreme Court of Kyrgyzstan with regards to the needs of the bailiffs for support and technical assistance. The Agency is committed to improving the ability of bailiffs to effectively implement court decisions, and understand the effect such improvements could have on the investment climate. Following meetings in Bishkek in the spring of 2015, the Agency has requested the Bank’s assistance to conduct a functional assessment of the enforcement system, with a view to identifying legislative, institutional and capacity problems which could be amendable to redress through technical cooperation.
The initiative is consistent with the 2015 Country Strategy for the Kyrgyz Republic, which in relation to policy dialogue notes that the Bank will seek to improve the investment climate, and that efforts to strengthen judicial capacity to enforce commercial legislation will continue (page 19). It is also consistent with the Legal Transition Team Action Plan 2013-2015, which contemplates action to strengthen the role of bailiffs (see 3.7.1), and states that LTT will develop its expertise in the area. The decision for LTT to expand its activities in the area of enforcement of court decisions and the work of enforcement agents has been previously canvassed with colleagues from SBS, Corporate Recovery, Banking, OCE, FI and Agribusiness, who have expressed their support.
Furthermore, this project is in line with the Kyrgyz National Target Program for the Development of the Judiciary for 2014 – 2017, as well as National Program for the Sustainable development of Kyrgyzstan for 2013-2017. The RO supports the project and believes the initiative is well-timed.
Institutional capacity and development needs of the Court Enforcement Agency (the “Agency”) are assessed and development needs in the corresponding legislative field are defined; the capacity of the bailiff service in the Kyrgyz Republic in increased.
TC Recipient Information
Court Enforcement Agency, Kyrgyz Republic.
The Project will be funded through the EBRD's Shareholder Special Fund.
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