The job of an enforcer: People on the streets, money in their pockets

The news is that the public was arrested executor AN from Vranje on suspicion of abusing his official position and damaging the budget of the municipality of Vladičin Han by around four million dinars, Juzne vesti wrote.

"The arrest of the executor in Vranje is not a 'continuation of the fight against corruption', as presented by the MUP, but an act of the government using the power and resources of the state to defend itself where everything is at the mercy of the racketeers," commented the Joint Action "Roof Over Your Head" on its Instagram account.

Milena Repajić from United Action "Roof over your head" he says for "Vreme" that abuse of position (by private executors) is very common, and even more often in cases where private persons are debtors.

"We know of dozens of cases where executors grossly violated rights, charged incredibly high rewards or execution costs, executed on cases that were not the subject of execution. Therefore, there are many such abuses, but the state reacts only in those situations in which it is directly threatened, such as this case in Vladičin Han", explains Repajić.

What then is the control of the work of private executors?

She says that in practice it does not exist.

"There is a case when the one whom the executor damaged is strong enough, as in this case in Vladicin Han." Therefore, he damaged the municipality, that is, the state, and in that case the state will react. In the practice that we have seen, all appeals, petitions, requests either from the Chamber of Executors or from the Ministry of Justice have absolutely never borne fruit", emphasizes the interlocutor of "Vremena".

Disastrous changes to the law

The privatization of the executive procedure occurred during the comprehensive reform of the judiciary in 2000 in the transition process, says Repajić. And the executive branch is certainly not the only thing that has been (partially) privatized. There are also notaries, bankruptcy proceedings and so on.

That transfer, Repajić says, was done in the name of efficiency.

However, what has happened, she continues, is that this enforcement procedure is only effective for powerful and large creditors. Petty creditors still cannot collect their debts.

"We have had several cases where we have people who were damaged in the privatization and cannot collect the debt owed to the company. They say it's uncollectible, there's nothing to do, and on the other hand, they are being chased by executors, successfully, for some debt due to some loan they took out, and later, due to the loss of their job, they were unable to pay it back, or for some communal debts and so on."

In addition to public bailiffs, there are judicial ones as well. However, their scope of work is narrowed.

"If you have lost your job and the court orders you to return, that is the work of the bailiffs." Here we are not talking about monetary compensation, that is charged by private executors. Or, let's say, about cases of custody of children and the like, where there is basically no profit for private executors", explains our interlocutor.

He adds that the Law on Execution gives public executors broad powers, so they often make decisions on the basis of enforceable or credible documents, such as bills of utility companies, parking services where you cannot in any way challenge it in court, but even beyond that and this law which gives very large powers, they constantly violate them.

Why?

"Because there are almost no sanctions for their violation of the law, and at the same time, the profit they earn is such that it absolutely pays for them," emphasizes Milena Repajić.

Public bailiffs, instead of the judicial authority, answer to the Chamber of Public bailiffs and are under the jurisdiction of the Ministry of Justice. "Therefore, they were torn from the judicial power not only under the auspices of private entrepreneurs, but they were also practically placed under the auspices of the executive power." So they can be replaced by the Minister of Justice", says our interlocutor.

Necessary changes

Repajić agrees that changes are necessary. He states that the Joint Action "A Roof Over Your Head" will soon start a campaign to change the Law on Enforcement.

"The two main things that need to be changed are the abolition of private public bailiffs and their return to the jurisdiction of the court. They claim that there is even now some judicial control, but practically it does not exist in any functional way, it is a dead letter on paper. It only exists if you sue them, but you know how long court proceedings take. It's a dead end job and nothing changes in the meantime. Well, two criminal proceedings are being conducted against Mirjana Dimitirjević, and she is still working without hindrance", indicates the interviewee of "Vremena".

Another thing is to protect the right to a home, she concludes, in order to prevent the occurrence of homelessness, which is now becoming a mass issue.