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Ministry of Justice of Ukraine

July 2, 2008

No. 573/15264

ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE, PUBLIC JUDICIAL ADMINISTRATION OF UKRAINE

of June 27, 2008 No. 1092/5/54

About approval of the Instruction about procedure for accomplishment of international treaties concerning provision of legal assistance in civil cases concerning delivery of documents, receipt of proofs and recognition and execution of judgments

(as amended on 25-10-2021)

1. Approve the Instruction about procedure for accomplishment of international treaties concerning provision of legal assistance in civil cases concerning delivery of documents, receipt of proofs and recognition and execution of judgments (further - the Instruction) it (is applied).

2. To department of private international law and international legal assistance of the Ministry of Justice of Ukraine (Shevchenko K. G.):

2.1. Provide this order on state registration according to the Presidential decree of Ukraine of 03.10.92 No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies" (with changes).

2.2. Bring this order to the attention of the chief of the Head territorial administration of justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, chiefs of the head territorial administrations of justice in areas, the cities of Kiev and Sevastopol.

3. To management of the organization of work on maintaining legal statistics, clerical work and archive of courts of Public judicial administration of Ukraine (Bukina L. E.) develop offers concerning accounting in courts and maintaining legal statistics of accomplishment of orders of foreign vessels about provision of legal assistance in civil cases concerning delivery of documents and receipt of proofs.

4. To management of organizational and analytical work, documentation and control of Public judicial administration of Ukraine (Brovko T. V.) after implementation of state registration to bring the order to the attention of chairmen of local and Appeal general courts.

5. Recommend to the chairmen of the courts specified in Item 4, to organize studying of the Instruction by judges and workers of the office of these courts.

6. To impose control over the implementation of the order on the deputy minister of justice of Ukraine Lutkovskaya V. V. and on the vice-chairman of Public judicial administration of Ukraine O. A Roll.

Minister of Justice of Ukraine

M. V. Onishchuk

Chairman of the State judicial

administrations of Ukraine

 

I. I. Balaklitsky

Approved by the Order of the Ministry of Justice of Ukraine, Public judicial administration of Ukraine of June 27, 2008 No. 1092/5/54

The instruction about procedure for accomplishment of international treaties concerning provision of legal assistance in civil cases concerning delivery of documents, receipt of proofs and recognition and execution of judgments

I. General provisions

1.1. This Instruction determines procedure for development of orders about delivery of documents, receipt of proofs, making of other legal proceedings, and also petitions for recognition and execution of judgments on accomplishment of the existing international treaties of Ukraine concerning provision of legal assistance in civil cases.

1.2. This Instruction is used in case of availability of the international treaty concerning the provision of legal assistance in civil cases operating in the relations between Ukraine and foreign state.

1.3. In this Instruction terms are used in the following value:

the requesting state - the state from which competent authority the order about provision of the international legal assistance in civil cases or the petition for recognition and execution in the territory of Ukraine of the judgment of such state arrives;

the required state - the state in the territory of which accomplishment of the order of competent authority of Ukraine about provision of the international legal assistance in civil cases or consideration of the petition for recognition and execution of the judgment of Ukraine is required;

competent authority - court or other body within which competence creation or accomplishment of the order about provision of the international legal assistance in civil cases is;

the central body - the body determined in the corresponding international treaty of Ukraine authorized on implementation of the intercourses with other states concerning obtaining and the direction of orders and also obtaining and the directions of information and documents by results of accomplishment of orders on provision of the international legal assistance in civil cases;

the order - the address (the order, request, request - depending on requirements of the international treaty of Ukraine) competent authority, including the court order about provision of the international legal assistance in civil cases concerning delivery of documents, receipt of proofs, etc.;

civil case (for Sections II-III, VI-VIII of the Instruction) case which is considered by court by rules of civil, economic or administrative legal proceedings, and also the case of rather civil, family, employment, economic legal relationship considered by other competent authorities;

confirmation about delivery - the document which is constituted by results of accomplishment of the order about delivery and contains information on result of accomplishment of the order;

the petition - the address interested (physical or legal) persons about recognition and execution of the foreign judgment or other competent authority in the territory of Ukraine (the foreign petition) or the judgments of Ukraine in the territory of foreign state (the petition of the interested person);

the international treaty of Ukraine - the international treaty concerning questions of the international legal cooperation and legal assistance in civil cases which consent to be bound is provided by the Verkhovna Rada of Ukraine and which became effective in accordance with the established procedure; and also the international treaty of the former USSR applied by Ukraine according to the procedure of successorship.

1.4. The amount of legal assistance, procedure for the intercourses, requirements concerning order form and content, and also feature of accomplishment of the order are determined by provisions of the international treaty of Ukraine which is effective in the relations between Ukraine and the corresponding foreign state.

The statements and cautions expressed by the states to the international treaty are its integral part. In case of application of the multi-lateral international treaty of Ukraine its provisions are effective taking into account statements and the cautions of Ukraine stated in the law during ratification or accession and the corresponding foreign state.

The reference to such international treaty in the order is obligatory.

1.5. If in the relations of Ukraine with foreign state both bilateral, and multilateral international agreements are effective at the same time and in one of them the priority of application of one of them of rather same questions is not established, during creation, the direction, and also accomplishment of the order it is necessary to observe provisions of that international treaty based on which the order is constituted or received.

The convention on questions of civil process of 1954 is applied in the relations with the states which are her participants, in full taking into account the following:

article 1-7 of the Convention of 1954 are not applied in the relations with the states which at the same time are participants of the Convention on delivery abroad of court and extrajudicial documents on civil or commercial cases of 1965;

article 8-16 of the Convention of 1954 are not applied in the relations with the states which at the same time are participants of the Convention on receipt abroad of proofs on civil or commercial cases of 1970.

1.6 Implementation of international treaties of Ukraine concerning the international legal assistance in civil cases concerning delivery of documents, receipt of proofs and recognition and execution of judgments is performed within competence by the Ministry of Justice of Ukraine directly and through interregional managements of the Ministry of Justice of Ukraine (further - interregional managements), local courts (further - courts), and in appropriate cases - other public authorities.

1.7. Courts of Ukraine concerning provision of the international legal assistance in civil cases interact with foreign competent authorities through interregional managements and the Ministry of Justice of Ukraine.

1.8. Interregional managements interact with foreign competent authorities concerning provision of the international legal assistance in civil cases through the Ministry of Justice of Ukraine which according to provisions of international treaties of Ukraine is the central body of Ukraine concerning provision of the international legal assistance in civil cases (further - the Central body of Ukraine).

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