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CODE OF CIVIL PROCEDURE OF UKRAINE

of March 18, 2004 No. 1618-IV

(The last edition from 02-10-2019)

Section I General provisions

Chapter 1. Basic provisions

Article 1. Purpose of the Code of civil procedure of Ukraine

1. The code of civil procedure of Ukraine determines jurisdiction and powers of general courts by civil disputes and other cases determined by this Code, establishes procedure of civil legal proceedings.

Article 2. Tasks and basic principles of civil legal proceedings

1. Task of civil legal proceedings is fair, impartial and timely treatment and the solution of civil cases for the purpose of protection of the broken, unrecognized or challenged rights, freedoms or interests of physical persons, the rights and interests of legal entities, interests of the state.

2. Court and participants of legal procedure shall be guided by task of civil legal proceedings which prevail over any other reasons in legal procedure.

3. The main beginnings (principles) of civil legal proceedings are:

1) supremacy of law;

2) respect of honor and advantage, equality of all participants of legal procedure before the law and court;

3) publicity and openness of legal procedure and its complete fixation by technical means;

4) competitiveness of the parties;

5) dispositivity;

6) proportionality;

7) obligation of the judgment;

8) providing right to appeal reconsideration of the case;

9) providing the right to cassation appeal of the judgment in the cases established by the law;

10) rationality of terms of consideration of the case by court;

11) inadmissibility of abuse of procedural law;

12) compensation of court costs of the party for benefit of which the judgment is made.

Article 3. Legislation on civil legal proceedings

1. Civil legal proceedings are performed according to the Constitution of Ukraine, this Code, the Law of Ukraine "About private international law", the laws of Ukraine determining features of consideration of separate categories of cases and also international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine.

2. If the international treaty which consent to be bound is provided by the Verkhovna Rada of Ukraine, provides other rules, than established by this Code rules of the international treaty of Ukraine are applied.

3. Production on civil cases is performed according to the laws existing during making of separate legal proceedings, consideration and permission of case.

4. The law which establishes new obligations cancels or narrows the rights belonging to participants of legal procedure, limits their use, has no retroactive effect in time.

Article 4. The right to appeal to the court behind protection

1. Each person has the right according to the procedure, established by this Code, to take a legal action behind protection of the broken, unrecognized or challenged rights, freedoms or legitimate interests.

2. In the cases established by the law bodies and persons who by the law are granted the right to take a legal action for the benefit of other persons either the state or public concerns can appeal to court.

3. The disclaimer on appeal to the court behind protection is invalid.

4. The agreement of the parties on transfer of dispute for consideration of reference tribunal is allowed. Any dispute arising from civil legal relationship except the cases provided by the law can be by agreement of the parties transferred to reference tribunal.

5. Any person cannot be deprived of the participation right in consideration of the case in the procedure determined by this Code.

Article 5. Protection methods which are applied by court

1. Performing justice, the court protects the rights, freedoms and interests of physical persons, the rights and interests of legal entities, the state and public concerns by method, certain law or the agreement.

2. If the law or the agreement do not determine effective method of protection broken, unrecognized or the challenged right, freedom or interest of person which took a legal action the court according to the requirements of such person stated in the claim can determine such method of protection which does not contradict the law in the decision.

Article 6. Respect of honor and advantage, equality before the law and court

1. The court shall respect honor and advantage of all participants of legal procedure and to perform justice on the basis of their equality before the law and court irrespective of race, skin color, political, religious and other convictions, floor, ethnic and social origin, property status, the residence, language and other signs.

Article 7. Publicity of legal procedure

1. Hearing of cases in courts is conducted orally and openly, except the cases provided by this Code.

2. Any person has the right to be present at proceeding in open court. From the face, the person interested to be present at judicial session, it is forbidden to require any documents, except the identity document. Persons wishing to be present at judicial session are allowed to the hall of judicial sessions prior to judicial session or during break.

3. The court can remove from the hall of judicial sessions of persons which interfere with conducting judicial session, implementation of the rights or accomplishment of obligations of participants of legal procedure or the judge, break procedure in court room.

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