О РАВНОМЕРНОЈ РАСПОДЕЛИ КОМУНАЛНИХ ПРЕДМЕТА МЕЂУ ИЗВРШИТЕЉИМА
ON EQUAL DISTRIBUTION OF UTILITY CASES BETWEEN ENFORCEMENT AGENTS

Summary/Abstract: The enforcement agents became operational on June 01, 2012. They have been delegated significant powers in enforcement procedure. Among enforcement cases within enforcement courts the largest percent were those related to the collection of claims for utilities and similar services. The intention of legislator was that all these cases should be transferred to enforcement agents. The enforcement agents became exclusively competent for both ordering and carrying out the enforcement for collection of claims for utilities and similar services. These cases became the main source of income for enforcement agents. During first 2,5 years the enforcement creditors (companies providing utilities and similar services) were free to choose enforcements agents that would be competent for collection of their claims. In December 2014, Serbian Parliament passed the Amendments to the Law on Enforcement and Security that have changed the way of distribution of utility cases between enforcement agents. The enforcement creditors in these cases now have to send the motion to the Chamber of Enforcement Agents and the Chamber of Enforcement Agents has competence to distribute utility cases between enforcement agents equally among those enforcement agents that have territorial jurisdiction over enforcement debtor. The main goal for these changes was to secure fair and equal regional distribution of utility cases between all enforcement agents and to prevent abuses within public companies providing utilities and similar services. The main focus of this paper was the tackle the rules on equal distribution of utility cases from several aspects. First of all, the legislator failed to take into account the relevant provisions of Law on utility services. According to the provisions of this Law utility services can be provided not only public companies, but also by private companies and entrepreneurs. In this way the principle of equal distribution of utility cases forces the private companies and other privately owned providers of utilities to distribute their cases to all enforcement agents equally, not taking into account the success rate of individual enforcement agents. The legislator cannot put such limitations on privately owned companies in order to secure the equal development of all enforcement agents. If the principle of equal distribution should protect public property than this principle should apply to all enforcement cases (not just utility cases) where public companies have the position of enforcement creditor. The principle of equal distribution doesn’t apply to other enforcement cases based on enforcement titles and authentic documents and abuses can still happen in these cases. Furthermore, the provisions of equal distribution of utility cases will have negative impact on professional development of enforcement agents. They now know that they have the right to certain number of utility cases, regardless of their success in collection of claims. According to the survey conducted by some companies providing utilities and similar services, the services of enforcement agents became slower and much expensive, after the principle of equal distribution has entered into force.

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