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LAW OF UKRAINE

of February 12, 2015 No. 192-VIII

About providing the right to fair trial

(In edition of the Laws of Ukraine of 21.04.2015 No. 336-VIII, 21.05.2015 of No. 469-VIII)

For the purpose of increase in national standards of judicial system and legal proceedings and providing the right to fair trial the Verkhovna Rada of Ukraine decides:

I. Make changes to the following legal acts of Ukraine:

1. In the Code of Ukraine about administrative offenses (The sheet of the Supreme Council of USSR, 1984, appendix to No. 51, the Art. 1122):

1) in Article 188-32:

a) in part one:

in paragraph one of the word "refusal in acquaintance with legal case which consideration is not complete" to exclude;

in the paragraph the second shall be replaced with words the words "from twenty five to hundred" "from fifty to hundred fifty";

b) in the paragraph the second shall be replaced with words parts two of the word "from hundred to two hundred" "from hundred fifty to two hundred fifty";

2) in Article 188-35:

a) in the paragraph the second shall be replaced with words parts one of the word "from twenty to hundred" "from fifty to hundred fifty";

b) in the paragraph the second shall be replaced with words parts two of the word "from hundred to two hundred" "from hundred fifty to two hundred fifty";

3) in Article 297-2:

a) in part three of the word "without challenge" shall be replaced with words "without notice";

b) add with part four of the following content:

"The question of recovery of term for filing of application about review of the judgment or on leaving of the statement without consideration is solved court without challenge of participants of judicial proceedings and by results of consideration the relevant decree is issued";

In paragraph one of Article 297-3 of the word "person giving or the representative of person" shall be replaced with words 4) "person or his defender";

In paragraph one of part one of Article 297-4 of the word "through the Supreme specialized court of Ukraine on consideration of civil and criminal cases" to exclude 5);

6) in Article 297-5:

a) in the name of the word "The supreme specialized court of Ukraine on consideration of civil and criminal cases" to exclude;

b) in part one of the word "which arrived in the Supreme specialized court of Ukraine on consideration of civil and criminal cases" to exclude;

c) in word part three of "The supreme specialized court of Ukraine on consideration of civil and criminal cases" shall be replaced with words "the Supreme Court of Ukraine";

d) the fourth to state part in the following edition:

"The application is returned to the applicant if:

1) the application is submitted without observance of requirements of Articles 297-3 and 297-4 of this Code and the applicant did not eliminate its defects during fixed term;

2) the application is submitted by person, not given the right to submission of such statement;

3) the application on behalf of the applicant is signed by person which does not have powers on signing of the statement;

4) is the resolution of the Supreme Court of Ukraine on refusal in the admission of case to production by results of the consideration of the application given in this case on the similar bases";

Article 297-6-297-10 to state 7) in the following edition:

"Article 297-6. The admission of case to production

The issue of the admission of case to production is resolved by the judge-speaker who is determined by the automated system of document flow of court.

If the judge-speaker comes to conclusion that the submitted application is reasonable, it opens proceeedings.

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