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Smailović: System of public enforcement officers and system of court enforcement deliver efficient results

Published on: Jun 11, 2020 • 11:00 PM Author: PR Service
At today's Cabinet session, the Analysis of the efficiency of the functioning of the system of public enforcement officers and system of court enforcement for the period 1 January – 31 December 2019 was discussed and adopted.

"Based on the results of the Analysis, it is concluded that the systems continued to function efficiently. This conclusion stems, first of all, from the fact that public enforcement officers and courts resolved a large number of enforcement cases in the observed period, that the structure of resolved cases is extremely favourable, especially when it comes to enforcement on the basis of enforcement documents, that about 60 million claims (debt) were collected, that cases were resolved in a relatively short period of time, and that the courts were extremely efficient in resolving cases on appeals against decisions of enforcement judges and public enforcement officers," said Director General of the Directorate for Civil Legislation and Supervision at the Ministry of Justice Ibrahim Smailović.

As he said, the analysis includes: work and results of public enforcement officers, work and results of basic courts and the Commercial Court of Montenegro in enforcement cases, supervision over the legality of work of public enforcement officers and other relevant data and activities.

He pointed out that public enforcement officers resolved 35,925 cases in the observed period, that the duration of the enforcement procedure for enforcement documents remained at the same level as in 2018 - 18 days in all cases, while in those cases where the claim was collected 100%, the procedure for collecting the claim lasted 16 days, Smailović explained.

"When it comes to the total amount of receivables collected in the analyzed period, it amounts to EUR 60 million. It is very important to mention that in a significant number of cases, both on the basis of enforcement and on the basis of credible documents, enforcement is carried out in installments," said Smailović.

The Director General emphasised that the Analysis showed that in the observed period the legality in the decision-making of enforcement judges and public enforcement officers increased, because the percentage of adopted complaints decreased by 4.89% compared to the previous period. The number of filed complaints in the last year is slightly lower and amounts to 2.66% of the total number of cases on which public enforcement officers worked in the observed period.

The efficiency of the system in the observed period was significantly contributed by the basic courts and the Commercial Court of Montenegro, which resolved almost the entire inflow of cases of this type, while the basic courts significantly reduced the backlog of cases based on authentic documents from the previous period. When it comes to resolving cases on appeals against decisions of enforcement judges and public enforcement officers, the basic courts in the observed period resolved 90.66% of the number of declared objections, while the stated percentage with the Commercial Court of Montenegro was 99.70%. 

He pointed out that all cases on the basis of enforcement documents were resolved in a short period of up to 3 months - 84.89% of cases, while, on the other hand, a large number of cases on the basis of authentic documents and bills of exchange as authentic documents were resolved in longer than 1 year - 97.66%, which significantly reduced their backlog from the previous period. 

Based on all the above data, it can be concluded that the reform of the system in terms of relieving the courts and increasing their efficiency in resolving this type of case in the observed period gave excellent results.

Numerous activities of the Ministry of Justice also contributed to the proper functioning and efficiency of the system.


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