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LAW OF UKRAINE

of February 12, 2015 No. 192-VIII

About providing the right to fair trial

(as amended on 21-05-2015)

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.

If the judge-speaker comes to conclusion that the submitted application is unreasonable, the solution of question of the admission of case to production is performed by board from three judges as a part of the judge-speaker and two judges determined by the automated system of document flow of court in addition. Production opens if at least one judge from structure of board came to conclusion about need of its opening.

The resolution on opening of proceeedings or on refusal in the admission of case to production is accepted within fifteen days from the date of receipt of the statement or from the date of elimination by the applicant of shortcomings, and in case of reclamation of the copy of the decision of the international legal agency which jurisdiction is acknowledged Ukraine, - from the date of receipt of such copy. The resolution is accepted without notice persons participating in proceeedings about administrative offense.

The copy of the resolution on opening of production goes together with the copy of the application to the persons participating in proceeedings about administrative offense, and in case of refusal in the admission - person who submitted the application.

Article 297-7. Preparation of case for consideration in the Supreme Court of Ukraine

The judge-speaker within fifteen days from the date of opening of production performs preparation for review of the judgment by the Supreme Court of Ukraine:

1) is sent by the resolution on opening of production and reclamation of case papers on administrative offense to the relevant court, no later than three working days from the date of its receipt directs case to the Supreme Court of Ukraine;

2) is determined by procedure for consideration of the case (in the opened or closed judicial session in the cases established by this Code)

3) in case of need determines public authorities which representatives can offer explanations in court on use of the corresponding norm of the right, and subpoenas these representatives;

4) performs other measures necessary for consideration of the case.

After receipt of the requested case papers and completion of other preparatory actions the judge-speaker prepares the report and takes out determination about purpose of case to consideration by the Supreme Court of Ukraine.

Article 297-8. Procedure for consideration of the case by the Supreme Court of Ukraine

Case on review of the judgment on the basis provided by part two of Article 297-1 of this Code is considered on joint sitting of all trial chambers of the Supreme Court of Ukraine. The meeting is competent on condition of presence on it at least two thirds of judges of the general list of each of the relevant trial chambers of the Supreme Court of Ukraine.

The judge-speaker presides over meeting.

The judge-speaker opens judicial session, announces structure of court, explains to persons participating in proceeedings about administrative offense, their rights and obligation. After carrying out the specified legal proceedings and consideration of petitions of persons participating in proceeedings about administrative offense, the judge-speaker reports in necessary amount on contents of the requirements stated in the application which arrived in the Supreme Court of Ukraine and for results of the preparatory actions which are carried out by him.

Person who submitted the application to the Supreme Court of Ukraine, other faces participating in proceeedings about administrative offense in case of their arrival in judicial session have the right to offer explanations on the substance of the declared requirements.

Non-arrival of persons participating in proceeedings about administrative offense are also properly notified on date, time and the place of consideration of the case for participation in judicial session, does not interfere with legal proceedings of case.

Upon termination of hearing of explanations of person who submitted the application and other persons participating in proceeedings about administrative offense, the court is removed to the consultative room for adoption of the resolution.

The term of consideration of the application about review of the judgment by the Supreme Court of Ukraine cannot exceed one month from the date of purpose of case to consideration.

Article 297-9. Powers of the Supreme Court of Ukraine

By results of consideration of the case by a majority vote from structure of the Supreme Court of Ukraine one of the following resolutions is taken out:

1) about complete or partial allowance of the application;

2) about refusal in allowance of the application.

Article 297-10. Resolution of the Supreme Court of Ukraine

The Supreme Court of Ukraine grants the application in case of availability of the basis provided by part two of Article 297-1 of this Code.

If the court came to conclusion about complete or partial allowance of the application, he has the right:

1) to repeal the resolution (resolutions) and to stop proceeedings;

2) to repeal the resolution (resolutions) and to submit case on administrative offense to court which issued the appealed decree;

3) to change the resolution (resolutions).

The Supreme Court of Ukraine refuses allowance of the application if the circumstances which formed the basis for reconsideration of the case did not prove to be true. The resolution on refusal in allowance of the application shall be motivated.

The resolution of the Supreme Court of Ukraine shall be made and sent to the persons participating in proceeedings about administrative offense no later than five days from the date of the end of consideration of the case.

Failure to carry out of resolutions of the Supreme Court of Ukraine involves the responsibility established by the law.

The resolutions of the Supreme Court of Ukraine accepted by results of consideration of the applications about review of the judgment are subject to publication on the official site of the Supreme Court of Ukraine not later than in fifteen days from the date of their acceptance".

2. In the Economic Procedure Code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 1992, No. 6, the Art. 56):

Article 49 to add 1) with part six of the following content:

"If the court of appeal or cassation instance or the Supreme Court of Ukraine, without submitting the cases on new trial, changes the decision or accepts new, the court respectively changes distribution of court costs";

2) in Article 82:

a) third to state part in the following edition:

"The decision is stated in writing and signed by all judges participating in meeting. In case of consideration of the case by three judges the judge not concordant with the decision shall state in writing the special opinion which is filed. In case of the choice and application of the precept of law to disputable legal relationship the court considers the conclusions of the Supreme Court of Ukraine stated in the resolutions accepted by results of consideration of the applications about review of the judgment on the bases provided by Items 1 and 2 of part one of Article 111-16 of this Code";

b) add with part four of the following content:

"The court has the right to depart from the legal line item stated in conclusions of the Supreme Court of Ukraine with simultaneous targeting of the corresponding motives";

Part the second Article 111-15 to state 3) in the following edition:

"The statement for review of the judgment in economic cases on the basis, stipulated in Item 4 parts one of Article 111-16 of this Code, can be submitted by person for benefit of whom the decision is made by the international legal agency which jurisdiction is acknowledged as Ukraine";

Articles 111-16 and 111-17 to state 4) in the following edition:

"Article 111-16. The bases for filing of application about review of judgments of economic courts

The application for review of judgments of economic courts can be submitted only on the following bases:

1) unequal application of cassation instance of the same regulations of the substantive right by court (courts), the entailed adoption of judgments, different in content, in similar legal relationship;

2) unequal application of cassation instance of the same regulations of procedural law by court (courts) - in case of appeal of the judgment which interferes with further proceeedings or which is accepted with abuse of regulations of jurisdiction or cognizance of cases;

3) discrepancies of the judgment of court of cassation instance stated in the resolution of the Supreme Court of Ukraine of the conclusion on application in similar legal relationship of regulations of the substantive right;

4) establishment by the international legal agency which jurisdiction is acknowledged Ukraine, violations of the international obligations by Ukraine in case of the solution of this case by court.

Article 111-17. Submission due date of the statement for review of judgments of economic courts

The statement for review of the judgment of economic court on the bases provided by Items 1 and 2 of part one of Article 111-16 of this Code moves within three months from the date of adoption of the judgment on which the application for review is submitted, or from the date of adoption of the judgment to which reference in confirmation of the bases provided by Items 1 and 2 of part one of Article 111-16 of this Code is made if it is accepted later, but no later than one year from the date of adoption of the judgment about which review the application is submitted.

The statement for review of the judgment on the basis, stipulated in Item 3 parts one of Article 111-16 of this Code, moves within three months from the date of adoption of the judgment on which the application for review, or from the date of adoption of the resolution of the Supreme Court of Ukraine to which reference in confirmation of the basis, stipulated in Item 3 parts one of Article 111-16 of this Code, but no later than one year from the date of adoption of the judgment about which review the application is submitted is made is submitted.

The statement for review of judgments on the basis, stipulated in Item 4 parts one of Article 111-16 of this Code, moves no later than one month from the date of when it became person for benefit of whom the decision is made by the international legal agency which jurisdiction is acknowledged as Ukraine or it owed become known of acquisition by this solution of the status final.

In case of the omission of the term established by parts one - third this Article, for the reasons recognized valid the court according to the petition of person who submitted the application for review of the judgment can recover this term within one year from the date of adoption of the judgment about which review the application is submitted. The issue of recovery of term is resolved by board of judges in case of the solution of question of the admission of case to production";

5) in Article 111-18:

a) in part two:

state Item 3 in the following edition:

"3) reasons for the bases for review of the judgment, stipulated in Article 111-16 of this Code";

exclude item 4;

Article 111-19-111-26, 111-28 to state 6) in the following edition:

"Article 111-19. Procedure for filing of application about review of judgments of economic courts

The application for review of judgments of economic courts is submitted directly to the Supreme Court of Ukraine.

Are enclosed to the application:

1) copies of the application according to the number of persons participating in case;

2) copies of judgments about which review the application is submitted;

3) copies of judgments, different in content, if the application is submitted on the bases provided by Items 1 and 2 of part one of Article 111-16 of this Code;

4) the copy of the resolution of the Supreme Court of Ukraine if the application is submitted on the basis, stipulated in Item 3 parts one of Article 111-16 of this Code;

5) the copy of the decision of the international legal agency which jurisdiction is acknowledged Ukraine, or petitions of person for reclamation of the copy of such decision at the body responsible for coordination of accomplishment of decisions of the international legal agency if it is not at the disposal of person who submitted the application - in case of filing of application about review of judgments on the basis, stipulated in Item 4 parts one of Article 111-16 of this Code.

The document on payment of court fee is also enclosed to the application. For giving and consideration of the application on the basis, stipulated in Item 2 parts one of Article 111-16 of this Code, court fee it is not paid.

Article 111-20. Check of compliance of the statement for review of judgments of economic courts to requirements of this Code

The statement for review of the judgment of economic court is registered in day of its receipt and no later than the next day is transferred to the judge-speaker determined by the automated system of document flow of court.

The judge-speaker within three days performs check of compliance of the statement to requirements of this Code. If the application is submitted without observance of requirements of Articles 111-18 and 111-19 of this Code, the applicant is in writing notified on shortcomings of the statement and the term during which it shall eliminate them.

If the applicant eliminated statement defects at the scheduled time, it is considered given in day of its initial submission to the Supreme Court of Ukraine.

The application is returned to the applicant if:

1) the application is submitted without observance of requirements of Articles 111-18 and 111-19 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 is signed by person who does not have the right to sign it;

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

Return of the statement on the bases specified in part four of this Article does not interfere with the repeated address in case of proper execution of the statement or for other reasons, than those which were consideration subject.

In the absence of the bases for return of the statement which contains the petition of person for reclamation of the copy of the decision of the international legal agency which jurisdiction is acknowledged Ukraine the judge-speaker instantly issues the decree on reclamation of such copy of the decision together with its authentic transfer at the body responsible for coordination of accomplishment of decisions of the international legal agency.

Article 111-21. The admission of case to production

The issue of the admission of case to production is resolved by the judge-speaker determined according to the procedure, established by part three of Article 2-1 of this Code.

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

If the judge-speaker comes to conclusion that the submitted application is unreasonable, the solution of question of the admission of case to production is performed by board from three judges as a part of the judge-speaker and two judges determined by the automated system of document flow of court in addition. Production opens if at least one judge from structure of board came to conclusion about need of its opening.

The resolution on opening of production or the decision on refusal in the admission of case to production is passed within fifteen days from the date of receipt of the statement or elimination by the applicant of shortcomings, and in case of reclamation of the copy of the decision of the international legal agency which jurisdiction is acknowledged Ukraine, - from the date of receipt of such copy.

Consideration of question of the admission of case to production is performed without notice persons participating in case.

The copy of determination about opening of production or about refusal in the admission of case to production goes together with the copy of the application to the persons participating in case.

Article 111-22. Preparation of case for consideration

The judge-speaker within fifteen days from the date of opening of production performs preparation of case for consideration by the Supreme Court of Ukraine:

1) is sent by the resolution on opening of production and reclamation of case papers to the relevant court, no later than three working days from the date of its receipt directs case to the Supreme Court of Ukraine;

2) resolves issue of suspension of execution of the corresponding judgments;

3) addresses the corresponding specialists of Scientific and advisory council under the Supreme Court of Ukraine on preparation of the scientific conclusion concerning the rule of law which is unequally applied by court (courts) of cassation instance, except cases when the decision on application of this rule of law in similar legal relationship was earlier received by the Supreme Court of Ukraine;

4) in case of need determines public authorities which representatives can offer explanations in court on application of the rule of law, and subpoenas these representatives;

5) performs other measures necessary for consideration of the case.

After receipt of the requested case papers and completion of other preparatory actions the judge-speaker takes out determination about purpose of case to consideration by the Supreme Court of Ukraine.

Article 111-23. Procedure for consideration of the case by the Supreme Court of Ukraine

Cases are considered by the Supreme Court of Ukraine by the rules determined by the Section XII-1 of this Code with the features established by this Chapter.

In the Supreme Court of Ukraine case on review of the judgment on the bases provided by Items 1-3 of part one of Article 111-16 of this Code is considered by Trial chamber on economic cases of the Supreme Court of Ukraine. The meeting of trial chamber is competent on condition of presence on it at least two thirds of judges of general structure of Trial chamber on economic cases of the Supreme Court of Ukraine.

If the judgment is appealed on the bases of unequal application of the same rule of law by courts of cassation instance of different jurisdiction, case is considered on joint sitting of the relevant trial chambers of the Supreme Court of Ukraine. The meeting is competent on condition of presence on it at least two thirds of judges of the general list of each of the relevant trial chambers of the Supreme Court of Ukraine.

If when considering the case the Supreme Court of Ukraine will determine that there is need to depart from the conclusion about application of the rule of law stated in the resolution of the Supreme Court of Ukraine which was accepted by other structure of court (other chamber or chambers which took part in joint sitting), case is submitted to joint meeting of trial chambers of the Supreme Court of Ukraine which is held with the assistance of chamber (chambers) which considered case until its transfer, and chamber (chambers) which accepted the relevant resolution of the Supreme Court of Ukraine. The meeting is competent on condition of presence on it at least two thirds of judges of the general list of each of the relevant trial chambers of the Supreme Court of Ukraine.

Case on review of the judgment on the basis, stipulated in Item 4 parts one of Article 111-16 of this Code, is considered on joint sitting of all trial chambers of the Supreme Court of Ukraine. The meeting is competent on condition of presence on it at least two thirds of judges of general structure of each of trial chambers of the Supreme Court of Ukraine.

The judge-speaker presides over meetings of Trial chamber on economic cases of the Supreme Court of Ukraine or over joint sitting of trial chambers.

The term of consideration of the case by the Supreme Court of Ukraine cannot exceed one month from the date of purpose of case to consideration.

Article 111-24. Powers of the Supreme Court of Ukraine

By results of consideration of the case by a majority vote from structure of court one of the following resolutions is accepted:

1) about complete or partial allowance of the application;

2) about refusal in allowance of the application.

Judges who do not agree with the resolution can express special opinion which is applied to the resolution.

The resolution of the Supreme Court of Ukraine is final and can be appealed only on the basis, stipulated in Item 4 parts one of Article 111-16 of this Code.

Article 111-25. Resolution of the Supreme Court of Ukraine on allowance of the application

The court grants the application in the presence of one of the bases provided by part one of Article 111-16 of this Code.

In the presence of the bases provided by Items 1-3 of part one of Article 111-16 of this Code, the court has the right:

1) in case of violation of regulation of procedural law by court (courts) that interferes with further proceeedings or consists in abuse of regulations of jurisdiction (jurisdiction in rem):

a) cancel the judgment fully or partially and submit case to the relevant court of the first, appeal or cassation instance;

b) cancel the judgment completely or in part and stop proceeedings completely or in certain part;

2) in case of the wrong application of regulation of the substantive right by court (courts) that led to the wrong dispute resolution:

a) cancel the judgment (judgments) and make the new judgment or change the judgment;

b) cancel the judgment (judgments) and uphold the judgment (judgments) which was mistakenly cancelled by court of appeal and/or cassation instance.

In the presence of the basis, stipulated in Item 4 parts one of Article 111-16 of this Code, court has the right:

1) to cancel the judgment (judgments) completely or in part and to make the new judgment or to change the judgment;

2) to cancel the judgment (judgments) fully or partially and to bring case on new trial to trial which made the appealed judgment;

3) to cancel judgments and to stop proceeedings or to leave the claim without consideration.

The court has no right to submit the case on new trial in other cases, than 2 parts three of this Article are specified in the subitem "an" of Item of 1 part two and Item.

The resolution of the Supreme Court of Ukraine accepted by results of consideration of the application about review of the judgment on the basis provided by Items 1 and 2 of part one of Article 111-16 of this Code shall contain conclusion how the rule of law which was unequally applied shall be applied.

Article 111-26. The resolution of the Supreme Court of Ukraine on refusal in allowance of the application

The Supreme Court of Ukraine refuses allowance of the application if the circumstances which formed the basis for reconsideration of the case did not prove to be true, or rules of law in the decision about which review the application is submitted, are applied correctly.

The resolution on refusal in allowance of the application shall be motivated.

The resolution of the Supreme Court of Ukraine on refusal in the allowance of the application accepted by results of consideration of the application about review of the judgment on the bases provided by Items 1 and 2 of part one of Article 111-16 of this Code in connection with correctness of application of the rule of law shall contain the conclusion how the corresponding norm of the right shall be applied";

"Article 111-28. Obligation of judgments of the Supreme Court of Ukraine

The conclusion of the Supreme Court of Ukraine about application of the rule of law stated in its resolution accepted by results of consideration of the case on the bases provided by Items 1 and 2 of part one of Article 111-16 of this Code is obligatory for all subjects of powers of authority which apply the regulatory legal act containing the corresponding norm of the right in the activities. The conclusion on application of rules of law stated in the resolution of the Supreme Court of Ukraine shall be considered by other courts of law in case of application of such rules of law. The court has the right to depart from the legal line item stated in conclusions of the Supreme Court of Ukraine with simultaneous targeting of the corresponding motives.

Non-execution of judgments of the Supreme Court of Ukraine involves the responsibility established by the law.

The resolutions of the Supreme Court of Ukraine accepted by results of consideration of the applications about review of the judgment are subject to publication on the official site of the Supreme Court of Ukraine not later than in fifteen days from the date of their acceptance".

3. In the Code of civil procedure of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2004, Art. No. No. 40-42, 492):

Part the fifth Article 88 to state 1) in the following edition:

"5. If the court of appeal, cassation instance or the Supreme Court of Ukraine, without submitting the cases on new trial, changes the decision or accepts new, the court respectively changes distribution of court costs";

Part the second Article 214 to state 2) in the following edition:

"2. In case of the choice and application of the precept of law to disputable legal relationship the court considers the conclusions of the Supreme Court of Ukraine stated in the resolutions accepted by results of consideration of the applications about review of the judgment on the bases provided by Items 1, 2 parts one of article 355 of this Code.

The court has the right to depart from the legal line item stated in conclusions of the Supreme Court of Ukraine with simultaneous targeting of the corresponding motives";

Part the second Article 354 to state 3) in the following edition:

"2. The statement for review of judgments on the bases, stipulated in Item 3 parts one of article 355 of this Code, can be submitted by person for benefit of whom the decision is made by the international legal agency which jurisdiction is acknowledged as Ukraine";

Article 355-360-5, 360-7 to state 4) in the following edition:

"Article 355. The bases for filing of application about review of judgments

1. The application for review of judgments on civil cases can be submitted only on the bases:

1) unequal application of cassation instance of the same regulations of the substantive right by court (courts) that entailed adoption of judgments, different in content, in similar legal relationship;

2) unequal application of cassation instance of the same regulations of procedural law by court - in case of appeal of the judgment which interferes with further proceeedings or which is accepted with abuse of regulations of cognizance or the competence of the courts established by the law on consideration of civil cases;

3) establishment by the international legal agency which jurisdiction is acknowledged Ukraine, violations of the international obligations by Ukraine in case of the solution of this case by court;

4) discrepancies of the judgment of court of cassation instance stated in the resolution of the Supreme Court of Ukraine of the conclusion on application in similar legal relationship of regulations of the substantive right.

Article 356. Submission due date of the statement for review of judgments

1. The application for review of judgments is submitted within three months from the date of adoption of the judgment on which the application for review is submitted, or from the date of adoption of the judgment to which reference in confirmation of the bases provided by Items 1 and 2 of part one of article 355 of this Code is made if it is accepted later, but no later than one year from the date of adoption of the judgment about which review the application is submitted.

2. The statement for review of judgments on the basis, stipulated in Item 3 parts one of article 355 of this Code, moves no later than one month from the date of when it became person for benefit of whom the decision is made by the international legal agency which jurisdiction is acknowledged as Ukraine or it owed become known of acquisition by this solution of the status final.

3. The statement for review of judgments on the basis, stipulated in Item 4 parts one of article 355 of this Code, moves within three months from the date of adoption of the judgment on which the application for review, or from the date of adoption of the resolution of the Supreme Court of Ukraine to which reference in confirmation of the basis, stipulated in Item 4 parts one of article 355 of this Code, but no later than one year from the date of adoption of the judgment about which review the application is submitted is made is submitted.

4. In case of the omission of the term established by parts one - third this Article, for the reasons recognized valid the court according to the petition of person who submitted the application for review of the judgment can recover this term within one year from the date of adoption of the judgment about which review the application is submitted. The issue of recovery of term is resolved by board of judges in case of the solution of question of the admission of case to production.

Article 357. Requirements to the statement for review of judgments

1. The application for review of judgments is submitted in writing.

2. Are specified in the statement for review of judgments:

1) the name of court to which the application is submitted;

2) name (name), the postal address of person submitting the application and persons participating in case and also their numbers of means of communication, the e-mail address if those are available;

3) reasons for the bases for review of the judgment, stipulated in Article 355th of this Code;

4) requirements of person submitting the application;

5) petition (in case of need);

6) list of enclosed.

3. The application is signed by person giving, or his representative who attaches the document on the powers processed properly.

Article 358. Procedure for filing of application about review of judgments

1. The application for review of judgments is submitted directly to the Supreme Court of Ukraine.

Are enclosed to the application:

1) copies of the application according to the number of persons participating in case;

2) copies of judgments about which review the application is submitted;

3) copies of judgments, different in content, if the application is submitted on the bases provided by Items 1 and 2 of part one of article 355 of this Code;

4) the copy of the resolution of the Supreme Court of Ukraine if the application is submitted on the basis, stipulated in Item 4 parts one of article 355 of this Code;

5) the copy of the decision of the international legal agency which jurisdiction is acknowledged Ukraine, or petitions of person for reclamation of the copy of such decision at the body responsible for coordination of accomplishment of decisions of the international legal agency if it is not at the disposal of person who submitted the application - in case of filing of application about review of judgments on the basis, stipulated in Item 3 parts one of article 355 of this Code.

The document on payment of court fee is also enclosed to the application. For giving and consideration of the application on the basis, stipulated in Item 2 parts one of article 355 of this Code, court fee it is not paid.

Article 359. Check of compliance of the statement to requirements of this Code

1. The statement for review of the judgment is registered in day of its receipt and no later than the next day is transferred to the judge-speaker determined by the automated system of document flow of court.

2. The judge-speaker within three days performs check of compliance of the statement to requirements of this Code. In case of establishment that the application is submitted without observance of requirements of Articles 357 and 358 of this Code, the applicant is in writing notified on shortcomings of the statement and the term during which it shall eliminate them.

3. If the applicant eliminated statement defects at the scheduled time, it is considered given in day of its initial submission to the Supreme Court of Ukraine.

4. The application is returned to the applicant if:

1) the application is submitted without observance of requirements of Articles 357 and 358 of this Code and the applicant did not eliminate defects during fixed term;

2) the application is submitted by person who does not have the right to submission of such statement;

3) the application on behalf of the applicant is signed by person who is not dealing powers on maintaining;

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

5. Return of the statement on the bases provided by part four of this Article does not interfere with the repeated address in case of proper execution of the statement or for other reasons, than those which were consideration subject.

6. In the absence of the bases for return of the statement which contains the petition of person for reclamation of the copy of the decision of the international legal agency which jurisdiction is acknowledged Ukraine the judge-speaker instantly issues the decree on reclamation of such copy of the decision together with its authentic transfer from the body responsible for coordination of accomplishment of decisions of the international legal agency.

Article 360. The admission of case to production

1. The issue of the admission of case to production is resolved by the judge-speaker determined according to the procedure, established by part three of Article 11-1 of this Code.

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

If the judge-speaker comes to conclusion that the submitted application is unreasonable, the solution of question of the admission of case to production is performed by board from three judges as a part of the judge-speaker and two judges determined by the automated system of document flow of court in addition. Production opens if at least one judge from structure of board came to conclusion about need of its opening.

2. The resolution on opening of production or the decision on refusal in the admission of case to production is passed within fifteen days from the date of receipt of the statement or from the date of elimination by the applicant of shortcomings, and in case of reclamation of the copy of the decision of the international legal agency which jurisdiction is acknowledged Ukraine, - from the date of receipt of such copy.

3. Consideration of question of the admission of case to production happens without notice persons participating in case.

4. The copy of the resolution on opening of production or about refusal in the admission of case to production goes together with the copy of the application to the persons participating in case.

Article 360-1. Preparation of case for consideration in the Supreme Court of Ukraine

1. The judge-speaker within fifteen days from the date of opening of production performs preparation of case for consideration by the Supreme Court of Ukraine:

1) is sent by the resolution on opening of production and reclamation of case papers to the relevant court, no later than three working days from the date of its receipt directs case to the Supreme Court of Ukraine;

2) resolves issue of suspension of execution of the corresponding judgments;

3) addresses the corresponding specialists of Scientific and advisory council under the Supreme Court of Ukraine on preparation of the scientific conclusion concerning the rule of law which is unequally applied by court (courts) of cassation instance, except cases when the decision on application of this rule of law in similar legal relationship was earlier received by the Supreme Court of Ukraine;

4) in case of need determines public authorities which representatives can offer explanations in court on application of the rule of law, and subpoenas these representatives;

5) performs other measures necessary for consideration of the case.

2. After receipt of the requested case papers and completion of other preparatory actions the judge-speaker takes out determination about purpose of case to consideration by the Supreme Court of Ukraine.

Article 360-2. Procedure for consideration of the case by the Supreme Court of Ukraine

1. Cases are considered by the Supreme Court of Ukraine by the rules established by Chapters 2 and 3 of the Section V of this Code.

2. In the Supreme Court of Ukraine case on review of the judgment on the bases provided by Items 1, of 2, 4 parts one of article 355 of this Code is considered by Trial chamber on civil cases of the Supreme Court of Ukraine. The meeting of trial chamber is competent on condition of presence on it at least two thirds of judges of general structure of Trial chamber on civil cases of the Supreme Court of Ukraine.

If the judgment is appealed on the bases of unequal application of the same rule of law by courts of cassation instance of different jurisdiction, case is considered on joint sitting of the relevant trial chambers of the Supreme Court of Ukraine. The meeting is competent on condition of presence on it at least two thirds of judges of the general list of each of the relevant trial chambers of the Supreme Court of Ukraine.

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