The Ministry of Justice intends to introduce the institution of private enforcement agents in Kyrgyzstan. The ministry has developed a draft law on amendments to some legislative acts in the field of enforcement proceedings.
According to the Ministry of Justice, judicial enforcement in the Kyrgyz Republic is currently carried out exclusively by state bailiffs, who face a high workload and insufficient efficiency in fulfilling their duties.
«The introduction of the institution of private enforcement agents is intended to reduce the burden on government agencies, improve the efficiency and transparency of the enforcement process, and increase the level of legal protection for all participants in the process. The bill is aimed at determining the legal status of private enforcement agents and the procedure for their activities,» the background statement says.
The introduction of the institution of private enforcement agents requires changes to the legislation to ensure their powers, including for interaction with banks when blocking debtors’ accounts.
It is proposed to allow the seizure of funds and valuables on bank accounts based on decisions of judicial and private judicial officers on writs of execution, judicial orders, as well as court rulings and orders. In addition, it is proposed to include a provision allowing the provision of information constituting a bank secret to judicial and private enforcement agents upon request in certain cases stipulated by law.
These changes, the Ministry of Justice believes, will improve the efficiency of enforcement proceedings, speed up debt collection and protect the interests of creditors, while reducing the burden on government agencies.
Amendments are being made to the Criminal Code and the Code of Offenses to establish the liability of private enforcement agents for possible offenses, as well as to introduce rules protecting the rights of debtors and creditors in the framework of enforcement proceedings.
