LAW OF UKRAINE

of January 15, 2020 No. 460-IX

About modification of the Economic Procedure Code of Ukraine, the Code of civil procedure of Ukraine, the Code of administrative legal proceedings of Ukraine concerning enhancement of procedure for consideration of legal cases

The Verkhovna Rada of Ukraine decides:

I. Make changes to such legal acts of Ukraine:

1. In the Economic Procedure Code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2017, No. 48, the Art. 436):

Part the fifth Article 30 to add 1) with the words "irrespective of availability of others, determined by this Article, the bases for exclusive cognizance of such dispute to other Arbitration Court";

2) speak rapidly the third, sixth and seventh Article 39 to state in the following edition:

"3. If the court comes to conclusion about groundlessness of the declared branch and the statement for such branch arrived in court in three working days (or earlier) prior to the next meeting, the solution of question of branch is performed by the judge who is not part of the court considering case and is determined according to the procedure, established by Article part one 32 of this Code. Branch cannot be declared to such judge.

If the statement for removal of the judge arrived in court later, than in three working days prior to the next meeting, such statement is not subject to transfer for consideration to other judge, and the issue of removal of the judge is resolved by the court considering case";

"6. The question of removal of the judge of Big Chamber is not subject to transfer for consideration to other judge and is considered by Big Chamber.

7. The issue of branch is resolved instantly. The solution of question of branch by the judge which is not part of court is performed within two working days, but not later than the appointed meeting on case. In case of consideration of the application about withdrawal of other court by the judge - no later than ten days from the date of receipt of the statement for branch. Branch which arrived out of judicial session is considered by court according to the procedure of written production";

3) in Article 137:

a) in part one:

exclude Items 3 and 7;

state Item 10 in the following edition:

"10) other measures in the cases provided by the laws, and also international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine";

b) add with part twelve of the following content:

"12. Taking measures of providing the claim which consist in (or have the investigation) the termination, adjournment, suspension or other intervention in carrying out tender, auction, the biddings, the tender or other public competitive procedures which are carried out on behalf of the state (state body), territorial community (local government body) or with participation of the subject appointed by state body as a part of the commission holding competition, auction, the biddings, the tender or other public competitive procedure is not allowed";

Item 9 parts one of Article 152 to exclude 4);

Part the second Article 170 to add 5) with the paragraph the second such content:

"To the statement, the claim, the petition or to objection which move at stage of execution of the judgment including in the course of implementation of judicial control of execution of judgments, proofs of their direction (provision) to other participants of case (production) are attached";

Part one of Article 174 to add 6) with the paragraph the second such content:

"In case of receipt in court of the case which is subject to permission according to the procedure of economic legal proceedings after closing of production by the Supreme Court or Appeal Court according to the procedure of civil or administrative legal proceedings, the court checks availability of the bases for leaving of the action for declaration without movement according to requirements of the economic procedural law existing for date of submission of the action for declaration";

Item 5 parts one of Article 228 to exclude 7);

8) 9 parts one of Article 229 to exclude Item;

Part the second Article 231 to state 9) in the following edition:

"2. If proceeedings are closed on the basis, stipulated in Item 1 part one of this Article, the court shall explain to the claimant to what jurisdiction of court consideration of the case is referred. The court of appeal or cassation instance shall explain also to the claimant about availability of the right at it within ten days from the date of receipt of the relevant resolution by it to file to court petition for the direction of case on the established jurisdiction, except consolidation cases in one production of several requirements which are subject to consideration according to the procedure of different legal proceedings. The statement is filed a lawsuit which accepted the resolution on closing of proceeedings.

In case of receipt in court of the case which is subject to permission according to the procedure of economic legal proceedings after closing of production by the Supreme Court or Appeal Court according to the procedure of civil or administrative legal proceedings, proceeedings cannot be closed on the basis, stipulated in Item 1 part one of this Article";

10) the first offer of part two of Article 254 to state in the following edition:

"2. Participants of case, persons who did not take part in case if the court resolved issue of their rights, interests and (or) obligations, have the right to appeal in appeal procedure for determination of Trial Court separately from the judgment only in cases, stipulated in Article the 255th of this Code";

Item of 21 part one of Article 255 to add 11) with the words "refusal in allowance of the application about review of the judgment on again opened or exceptional circumstances";

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info