LAW OF UKRAINE

of August 12, 2014 No. 1632-VII

About implementation of justice and criminal proceedings in connection with conducting anti-terrorist operation

This Law determines measures of legal reaction around conducting anti-terrorist operation and is aimed at ensuring access of citizens and legal entities in court.

Article 1. Features of determination of territorial cognizance around conducting anti-terrorist operation

1. Due to the impossibility to perform justice separate courts around conducting anti-terrorist operation to change territorial cognizance of legal cases, cognizable to such courts located around conducting anti-terrorist operation, and to provide consideration of civil cases, cases on administrative offenses, administrative cases, economic cases and criminal proceedings by local and Appeal Courts which are determined by the Chairman of the Supreme Court.

Courts according to the cognizance determined according to this Law and according to requirements of the procedural legislation perform hearing of cases and resolve procedural issues which arise after adoption of the judgment.

2. The questions relating to powers of the investigative judge in the criminal proceedings which are at stage of pre-judicial investigation are also performed around conducting anti-terrorist operation, in case of impossibility to perform justice are considered by investigative judges of the local general courts determined by the Chairman of the Supreme Court.

3. Cases which consideration is not finished and which are in production of the local, Appeal Courts located around conducting anti-terrorist operation in case of impossibility to perform justice are transferred to courts according to the cognizance established according to this Law within ten working days from the date of adoption of the order by the Chairman of the Supreme Court.

In case of impossibility of transfer of case papers according to the cognizance of making of necessary legal proceedings established according to this Law it is performed according to the documents and materials provided by participants of legal procedure provided that such documents and materials are sufficient for adoption of the corresponding judgment.

4. The public judicial administration of Ukraine constitutes the list of local and Appeal Courts which are in the area of conducting anti-terrorist operation and in which it is impossible to perform justice, and directs the corresponding representations to chairmen of the supreme specialized courts for decision making provided by parts one and the second article 1 of this Law.

Article 1-1. Procedure for writ of summons and notification on the judgment

1. If the last known residential address (stay), the location or places of employment of participants of case is in the area of conducting anti-terrorist operation, the court causes or notifies the participants of case who do not have electronic office on date, time and the place of the first judicial session on case through the announcement on the official web portal of judicial authority of Ukraine (with reference to the web address of the corresponding court order in the Unified state register of judgments) which shall be placed not later than twenty days before date of the corresponding judicial session.

The court causes or notifies such participants of case on date, time and the place of other judicial sessions or on making of the corresponding legal proceeding through the announcement on the official website of judicial authority of Ukraine (with reference to the web address of the corresponding determination of court in the Unified state register of judgments) which shall be placed not later than ten days before date of the corresponding judicial session or making of the corresponding legal proceeding.

With publication of such announcement the defendant is considered notified on date, time and the place of consideration of the case.

2. Participants of case, the last known residential address (stay) or the location of which is in the area of conducting anti-terrorist operation and which have no electronic office, are reported about adoption of the corresponding judgment by placement of information on the official web portal of judicial authority of Ukraine with reference to the web address of such judgment in the Unified state register of judgments.

From the moment of placement of such information it is considered that person received the judgment.

3. The procedure for writ of summons provided by this Article and the notification on the judgment can be applied to other participants of legal procedure, the residential address (stay), the location or place of employment of which is in the area of conducting anti-terrorist operation if realization by them of the procedural law and obligations depends on it.

Article 2. Competence of the criminal offenses made around conducting anti-terrorist operation

1. Competence of the criminal offenses made around conducting anti-terrorist operation in case of impossibility to perform pre-judicial investigation is determined by the Attorney-General.

2. Materials of pre-judicial investigation on crimes concerning which criminal proceedings are at stage of pretrial investigation, in case of impossibility to perform pre-judicial investigation are transferred to the bodies of pre-judicial investigation determined by the Attorney-General within ten working days from the date of competence determination.

Article 3. Determination of territorial cognizance in case of change of borders of the area or completion of anti-terrorist operation

1. The public judicial administration of Ukraine based on the decisions on change of borders or completion of anti-terrorist operation made in the procedure established by the law in case of recovery of proper conditions of activities of local courts, Appeal Courts which are in the area where anti-terrorist operation was performed directs idea of possibility of resumption of work of the relevant local, Appeal Court to the relevant supreme specialized court. The chairman of the Supreme Court publishes the order about resumption of work of the local or Appeal Court determined in representation to Public judicial administration of Ukraine.

2. Determination of territorial cognizance of cases which consideration begins after the edition the Chairman of the Supreme Court the order about resumption of work of local, Appeal Court in connection with change of borders of the area or completion of anti-terrorist operation is performed without provisions of this Law.

3. Local and Appeal Courts which began hearing of cases according to parts one and the second article 1 of this Law after the edition the Chairman of the Supreme Court the order about resumption of work of the relevant local or Appeal Courts in connection with change of borders of the area or completion of anti-terrorist operation continue consideration of such cases.

Article 4. Determination of competence of the criminal offenses made around conducting anti-terrorist operation in case of change of borders of the area or completion of anti-terrorist operation

1. The bodies of pre-judicial investigation performing pre-judicial investigation of criminal offenses according to provisions of article 2 of this Law in case of change of borders of the area or completion of anti-terrorist operation continue pre-judicial investigation of such criminal offenses.

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