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CODE OF CIVIL PROCEDURE OF UKRAINE

of March 18, 2004 No. 1618-IV

(as amended on 14-07-2020)

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.

3. The only way of protection of the rights of persons which are (were) members of bank and the right and which interests were violated as a result of conclusion of insolvent bank from the market or liquidation of bank based on the illegal (illegal) individual act of the National Bank of Ukraine, Fund of guaranteeing household deposits, the Ministries of Finance of Ukraine, the National commission on securities and stock market, decisions of the Cabinet of Ministers of Ukraine, compensation of damage suffered in cash is.

4. Recognition illegal (illegal) the individual act / decision specified in part three of this Article cannot be the basis for application of methods of protection in the form of recognition invalid, invalid, illegal and cancellations of any decisions, transactions or other actions / recognitions of illegal divergence accepted, made or allowed in the procedure of conclusion of insolvent bank from market/liquidation of bank.

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 fulfillment of duties of participants of process or the judge, break procedure in court room. The court can make the decision on restriction of access for persons who are not participants of legal procedure in judicial session during the quarantine established by the Cabinet of Ministers of Ukraine according to the Law of Ukraine "About protection of the population against infectious diseases" if participation in judicial session poses threat of life or to health of the person.

4. Persons which are present at courtroom representatives of mass media can carry out in courtroom photographing, video and audio recording with use of portable video and audiotechnical means without receipt of the separate leave of court, but taking into account the restrictions set by this Code.

5. Broadcast of judicial session is performed from the leave of court. If all participants of case participate in judicial session in the videoconference mode, broadcast of the course of judicial session on the Internet without fail is performed.

6. Carrying out in courtroom of photographing, video, and also broadcast of judicial session shall be performed without creation of hindrances under the authority of meeting and implementation by participants of legal procedure of their procedural law.

7. Consideration of the case in the closed judicial session is conducted in cases when open legal proceedings can lead to disclosure of the secret or other information protected by the law or on the petition of participants of case for the purpose of providing secrecy of adoption, prevention of disclosure of data on the intimate or other personal aspects of life of participants of case or data degrading their honor and advantage and also in other cases established by the law.

8. Personal papers, letters, records of telephone conversations, telegrams and other types of correspondence can be announced in judicial session only with the consent of persons determined by the Civil code of Ukraine. This rule is applied in case of research zvuko-and videos of the same nature.

9. About consideration of the case in the closed judicial session determination is taken out. The court the resolution can announce judicial session closed completely or the closed its part.

10. Consideration of the case and making of separate legal proceedings in the closed judicial session are conducted with observance of rules of implementation of civil legal proceedings. During such consideration there can be only participants of case, and in case of need - witnesses, experts, specialists, translators. The court warns specified persons about obligation not to disclose information for which ensuring protection consideration of the case or making of separate legal proceedings happens in the closed judicial session.

11. Use of systems of video conferencing and broadcasting during judicial session on the Internet in the closed judicial session is not allowed.

12. If during the closed judicial session it is determined that information for which ensuring nondisclosure consideration of the case or making of separate legal proceedings happened in the closed judicial session already is publicly available or restriction of information access is groundless or does not correspond to the law, the court takes out determination about further review of case in proceeding in open court.

13. Consideration of the case is performed according to the procedure of written production on the materials which are available in case if this Code does not provide the notification of participants of case. In that case judicial session is not held.

14. The court when considering the case in judicial session performs complete fixation of its current by means of the video and (or) sound recording technical tool, except the cases provided by this Code. The procedure for such fixation is established by this Code.

15. Official record of judicial session is only technical record performed by court according to the procedure, provided by this Code.

16. The judgment (complete or reduced) accepted appears in proceeding in open court publicly according to the procedure, determined by this Code.

17. If legal proceedings were carried out in the closed judicial session, publicly appear only introductory and resolutive speak rapidly decisions if such parts do not contain information for which ensuring protection consideration of the case or making of separate legal proceedings were conducted in the closed judicial session. If introductory and (or) resolutive parts of the decision contain such information, their announcement is performed in the closed judicial session.

18. If the judgment appears publicly, the participants of case, other persons which are present at courtroom, representatives of mass media can carry out in courtroom photographing, video, broadcast of decision making per radio and television, to the Internet.

Article 8. Openness of information on case

1. Nobody can be deprived of the right to information on time and the place of consideration of the case or is limited in the obtaining right in court of oral or written information on results of consideration of its legal case. Any person who is not the participant of case has the right to access to judgments according to the procedure, established by the law.

2. Persons who were not participating in case if the court resolved issue of their rights, freedoms, interests and (or) obligations which gave appeal or the writ of appeal on the relevant decision having the right to get acquainted with case papers, to do of them statements, to make copies of the documents filed, to receive copies of judgments according to the procedure, provided by this Code.

3. Information concerning the court considering case, participants of case and subject of action, receipt date of the action for declaration (claim) or any other statement or petition on case including person who submitted such application, the taken measures of providing the claim and (or) proofs, stage of consideration of the case, the place, date and time of judicial session, movement of case from one court in another is open and is subject to immediate promulgation on the official web portal of judicial authority of Ukraine according to the procedure determined by Regulations on Single judicial information and telecommunication system.

4. In case of removal of determination by court about consideration of the case in the closed judicial session information on case does not reveal, except the information about participants of case, subject of action, receipt date of the action for declaration, stage of consideration of the case, the place, date and time of judicial session, movement of case from one court in another.

5. In case of disclosure of information on case provided by parts three and the fourth this Article the following data cannot be promulgated:

1) the residence or stay of physical persons with indication of the address, phone numbers or other means of communication, the e-mail address, registration numbers of accounting card of the taxpayer, details of identity documents, unique numbers of entry in the Unified state demographic register;

2) registration numbers of vehicles;

3) bank account numbers, numbers of payment cards;

4) information for which ensuring protection consideration of the case or making of separate legal proceedings happened in the closed judicial session.

Such data are replaced with alphabetic or digital references.

Article 9. Language of civil legal proceedings

1. Civil legal proceedings in courts are conducted in state language.

2. Courts provide equal rights of participants of legal procedure on language sign.

3. Courts use state language in the course of legal proceedings and guarantee the right to participants of legal procedure on use by them in legal procedure of the native language or language which they know.

4. Participants of legal procedure who do not own or know state language insufficiently, have the right to make statements, to offer explanations, to appear in court and to declare petitions in the native language or language which they know, using at the same time translation service according to the procedure, established by this Code.

Article 10. Supremacy of law and the legislation according to which the court solves cases

1. The court when considering the case is guided by the principle of supremacy of law.

2. The court considers cases according to the Constitution of Ukraine, the laws of Ukraine, international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine.

3. The court applies other legal acts adopted by relevant organ on the basis within powers and method which are established by the Constitution and the laws of Ukraine.

4. The court applies by hearing of cases the Convention on human rights protection and fundamental freedoms of 1950 and protocols to it which consent to be bound is provided by the Verkhovna Rada of Ukraine, and to the practician of the European Court of Human Rights as source of law.

5. The court applies rules of law of other states in case it is provided by the law of Ukraine or the international treaty which consent to be bound is provided by the Verkhovna Rada of Ukraine.

6. If the court comes to conclusion that the law or other legal act contradicts the Constitution of Ukraine, the court does not apply such law or other legal act, and applies regulations of the Constitution of Ukraine as regulations of direct action.

In that case the court in case of decision making on case appeals to the Supreme Court for the solution of question of entering into the Constitutional Court of Ukraine of idea of constitutionality of the law or other legal act which solution of question of constitutionality belongs to jurisdiction of the Constitutional Court of Ukraine.

7. In case of discrepancy of the legal act to the legal act of the highest legal force the court applies regulations of the legal act of the highest legal force.

8. In case of discrepancy of the legal act to the international treaty which consent to be bound is provided by the Verkhovna Rada of Ukraine the court applies the international treaty of Ukraine.

9. If the disputable relations are not settled by the law, the court applies the law governing the relations (analogy of the law), similar in sense, and in the absence of that - the court proceeds from the general principles of the legislation (analogy is right).

10. The refusal in consideration of the case based on absence, incompleteness, illegibility, discrepancy of the legislation governing the disputable relations is forbidden.

Article 11. Proportionality in civil legal proceedings

1. The court determines in the limits set by this Code, procedure of proceeedings according to pro-rata rule, considering tasks of civil legal proceedings; ensuring reasonable balance between private and public interests; features of matter in issue; claim price; complexity put; value of consideration of the case for the parties, time necessary for making of these or those actions, the size of the court costs connected with the corresponding legal proceedings, etc.

Article 12. Competitiveness of the parties

1. Civil legal proceedings are performed on the basis of competitiveness of the parties.

2. Participants of case have the equal rights concerning implementation of all procedural law and obligations provided by the law.

3. Each party shall prove circumstances which matter for case and on which it refers as to the basis of the requirements or objections, except the cases established by this Code.

4. Each party bears risk of approach of the consequences connected with making or non-execution of legal proceedings by it.

5. Court, keeping objectivity and impartiality:

1) directs the course of legal procedure;

2) promotes dispute settlement by reaching an agreement between the parties;

3) explains in case of need to participants of legal procedure their procedural law and obligations, consequences of making or non-execution of legal proceedings;

4) renders assistance to participants of process in realization of the rights provided by this Code by them;

5) is prevented by abuse of participants of legal procedure of their rights and takes measures for execution of their obligations by them.

Article 13. Dispositivity of civil legal proceedings

1. The court considers cases precisely on the address of person submitted according to this Code within the requirements declared to them and based on the evidence produced by participants of case or requested by court in the cases provided by this Code.

2. Collecting of proofs on civil cases is not obligation of court, except the cases established by this Code. The court has the right to collect the proofs concerning matter in issue, on own initiative only in cases when necessary for protection of juveniles or minors or persons who are acknowledged court incapacitated or capacity to act of which is limited, and also in other cases provided by this Code.

3. The participant of case disposes of the rights concerning matter in issue at own discretion. Also persons for the benefit of whom requirements, except for those persons who have no procedural capacity to act are declared have such right.

4. The court attracts relevant organ or person which by the law are granted the right to protect the rights, freedoms and interests of other persons if actions of the legal representative contradict interests of person who it represents.

Article 14. Single judicial information and telecommunication system

1. In courts the Single judicial information and telecommunication system functions.

2. Claim and other statements, claims and other procedural documents provided by the law which are filed a lawsuit and can be subject of legal proceedings, according to the procedure of their receipt are subject to obligatory registration in Single judicial information and telecommunication system in day of receipt of documents.

3. Determination of the judge or board of judges (judge-speaker) for consideration of specific case is performed by Single judicial information and telecommunication system according to the procedure, determined by this Code (the automated distribution of cases).

4. The single judicial information and telecommunication system according to the law provides exchange of documents (sending and receipt of documents) electronically between courts, between court and participants of legal procedure, between participants of legal procedure, and also fixation of legal procedure and participation of participants of legal procedure in judicial session in the videoconference mode.

5. The court directs judgments, legal notifications, the judicial agenda messages and other procedural documents to participants of legal procedure to their official e-mail addresses, makes other legal proceedings electronically with use of Single judicial information and telecommunication system according to the procedure, determined by this Code and Regulations on Single judicial information and telecommunication system.

6. Lawyers, notaries, private contractors, arbitration managers, court experts, state bodies, local government bodies and subjects of managing of the state and municipal sectors of economy register official e-mail addresses in Single judicial information and telecommunication system without fail. Other persons register official e-mail addresses in Single judicial information and telecommunication system in voluntary procedure.

7. The court sends to persons who registered official e-mail addresses in Single judicial information and telecommunication system documents in cases in which such persons take part, exclusively electronically by their direction to official e-mail addresses of such persons that does not deprive of them the right to receive the copy of the judgment in paper form according to the separate statement.

8. Registration in Single judicial information and telecommunication system does not deprive of the right to submission of documents to court in paper form.

Persons who registered official e-mail addresses in Single judicial information and telecommunication system can file procedural, other documents, make other legal proceedings electronically only by means of Single judicial information and telecommunication system with use of own digital signature equated to the sign manual according to the Law of Ukraine "About the digital signature" if other is not provided by this Code.

Features of use of the digital signature in Single judicial information and telecommunication system are determined by Regulations on Single judicial information and telecommunication system.

9. The court conducts consideration of the case on legal case materials electronically. Procedural and other documents and proofs in paper form no later than three days from the date of their receipt in court are transferred to electronic form and join materials of electronic legal case according to the procedure, determined by Regulations on Single judicial information and telecommunication system.

In case of impossibility of consideration of the case by court electronically for technical reasons more than five days that can prevent consideration of the case in the terms established by this Code, case is considered on materials in paper form for what all case papers are instantly transferred to paper form according to the procedure, established by Regulations on Single judicial information and telecommunication system.

10. Procedural and other documents and proofs in paper form are stored in appendix to case in Trial Court and can be in case of need inspected by participants of case by Trial Court or requested by court of appeal or cassation instance after receipt to them corresponding appeal or the writ of appeal.

11. Unauthorized intervention in work of Single judicial information and telecommunication system and in the automated distribution of cases between judges involves the responsibility established by the law.

12. The single judicial information and telecommunication system is subject to protection using complex system of information security with the confirmed compliance.

13. The regulations on Single judicial information and telecommunication system affirm the Supreme council of justice on representation to Public judicial administration of Ukraine and after consultations with Judicial council of Ukraine.

Article 15. Legal aid

1. Participants of case have the right to use legal aid.

2. The representation in court as type of legal aid is performed by the lawyer (professional legal aid), except the cases established by the law.

3. Free legal aid is provided according to the procedure, established by the law regulating provision of free legal assistance.

Article 16. Basic provisions of pre-judicial dispute settlement

1. The parties take measures of pre-judicial dispute settlement by agreement among themselves or in cases when such measures are obligatory according to the law.

2. Persons who violated the rights and legitimate interests of other persons shall recover them, without expecting presentation of the claim or the claim.

Article 17. Right to reconsideration of the case and appeal of the judgment

1. Participants of case, and also persons who did not take part in case if the court resolved issue of their rights, freedoms, interests or obligations, have the right to appeal reconsideration of the case and in the cases determined by the law - to cassation appeal of the judgment.

2. Cassation appeal of the judgment of Trial Court without its review in appeal procedure is not allowed.

Article 18. Obligation of judgments

1. The judgments which took legal effect are obligatory for all public authorities and local government bodies, the companies, organizations, the organizations, official or officials and citizens and are subject to execution in all territory of Ukraine, and in the cases established by international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine - and beyond its limits.

2. Failure to carry out of the judgment is reason for the responsibility established by the law.

3. Obligation of the judgment does not deprive of persons who were not participating in case, opportunity to take a legal action if the question of their rights, freedoms or interests is resolved by the made judgment.

Chapter 2. Civil jurisdiction

§1. Subject and subject jurisdiction
Article 19. The cases relating to jurisdiction of general courts

1. Courts consider according to the procedure of civil legal proceedings the cases arising from civil, land, employment, family, housing and other legal relationship except cases which consideration is performed according to the procedure of other legal proceedings.

Courts consider according to the procedure of civil legal proceedings and the requirement for registration of property and property rights, other registration actions if such requirements are derivative of dispute on such property or property rights if this dispute is subject to consideration in local general court and is transferred to its consideration with such requirements.

2. Civil legal proceedings are performed by the rules provided by this Code, according to the procedure:

1) mandative production;

2) claim production (general or simplified);

3) separate production.

3. Mandative production is intended for hearing of cases according to statements for collection of sums of money of the insignificant size concerning which there is no dispute or on its availability to the applicant it is unknown.

4. The simplified claim production is intended for consideration:

1) insignificant cases;

2) the cases arising from employment relationships;

3) cases on provision by court of permission to temporary departure of the child out of limits of Ukraine to that from parents who live separately from the child who has no debt on payment of the alimony and to which it is refused to the second of parents provision of notarially certified consent to departure;

4) cases of insignificant complexity and another matters for which the fastest solution of case is priority.

General claim production is intended for hearing of cases which owing to complexity or other circumstances are inexpedient to be considered in the simplified claim production.

5. Put conditions under which the court has the right to consider requirements about collection of sums of money in mandative production and - generally or the simplified claim production, are determined by this Code.

6. For the purposes of of this Code insignificant cases are:

Put 1) in which the price of the claim does not exceed hundred sizes of subsistence minimum for able-bodied persons;

The cases of insignificant complexity recognized by court insignificant except cases which are subject to consideration only by rules of general claim production and put 2), the claim price in which exceeds two hundred fifty sizes of subsistence minimum for able-bodied persons.

3) cases on collection of the alimony, increase in their size, payment of additional expenses on the child, penalty (penalty fee) for delay of payment of the alimony, indexation of the alimony, change of method of their collection if such requirements are not connected with establishment or contest of paternity (motherhood);

4) cases on annulment of marriage;

5) cases on consumer protection, the claim price in which does not exceed two hundred fifty sizes of subsistence minimum for able-bodied persons.

7. Separate production is intended for hearing of cases about confirmation of availability or lack of the dispositive facts important for protection of the rights and interests of person or creation of conditions of implementation by it of personal non-property or property rights or confirmation of availability or lack of the neocoupled rights.

8. Courts consider cases on appeal of decisions of reference tribunals, on issue of writs of execution on forced execution of decisions of reference tribunals, about contest of decisions of the international commercial arbitration, and also about recognition and provision of permission to execution of decisions of the international commercial arbitration, foreign court.

9. For the purposes of this Code the size of subsistence minimum for able-bodied persons is estimated as of January 1 of calendar year in which the corresponding application or the complaint is made, legal proceeding is made or the judgment is made.

Article 20. Consideration of several requirements connected among themselves

1. Consolidation in one production of the requirements which are subject to consideration by rules of different types of legal proceedings is not allowed if another is not established by the law.

Article 21. Right of the parties to transfer of dispute to consideration of reference tribunal

1. The parties have the right to submit dispute of reference tribunal, except the cases established by the law.

2. Any inaccuracies in the text of the devolution agreement of dispute on permission of reference tribunal and (or) doubt on its authenticity, reality and feasibility shall be interpreted by court for benefit of its authenticity, reality and feasibility.

3. The decision of reference tribunal can be appealed according to the procedure, provided by this Code.

Article 22. Right of the parties to transfer of dispute to consideration of foreign court

1. In the cases established by the law or the international treaty which consent to be bound is provided by the Verkhovna Rada of Ukraine dispute which belongs to jurisdiction of general court it can be transferred by agreement of the parties to the judgment of other state.

§2. Instantsionny jurisdiction
Article 23. Trial Court

1. All cases which are subject to permission according to the procedure of civil legal proceedings are considered by local general courts as Trial Courts, except the cases determined by parts two - the fourth this Article.

2. Cases on appeal of decisions of reference tribunals, contest of decisions of the international commercial arbitrations, on issue of writs of execution on forced execution of decisions of reference tribunals are considered by Appeal Courts as Trial Courts in the place of consideration of the case by reference tribunal (in the arbitration location).

3. Cases on recognition and provision of permission to execution of decisions of the international commercial arbitration are considered:

1) if the place of arbitration is in the territory of Ukraine - Appeal general Courts in the arbitration location;

2) if the place of arbitration is outside Ukraine - Appeal general Court which jurisdiction extends to the city of Kiev.

4. Cases on recognition unreasonable assets and their collection in the income of the state are considered by the Supreme anti-corruption court.

Article 24. Appeal Court

1. Appeal Courts review in appeal procedure judgments of local courts which are in limits of the respective appeal district (the territory to which powers of the relevant Appeal Court extend).

2. The Supreme Court reviews the judgments of Appeal Courts made by them as Trial Courts in appeal procedure.

3. Cases on recognition unreasonable assets and their collection in the income of the state in appeal procedure are reviewed by Appeal chamber of the Supreme anti-corruption court.

Article 25. Court of cassation instance

1. The Supreme Court reviews the judgments made by Trial and Appeal Courts in cassation procedure.

§3. Territorial jurisdiction (cognizance)
Article 26. Cognizance of cases in which one of the parties is the court or the judge

1. Jurisdiction of the case in which one of the parties is the court or the judge of court to which cognizance this case by general rules is carried is determined by the court order of the highest authority decided without notice of the parties.

2. Cognizance of cases in which one of the parties is the Supreme Court or the judge of this court is determined by general rules of cognizance.

3. On cases on recognition unreasonable assets and their collection in the income of the state in which defendant is the judge or the worker of the office of the Supreme anti-corruption court such production in the first instance performs local court within which territorial jurisdiction there is the Supreme anti-corruption court, and the made judgments are appealed in appeal procedure in Appeal Court within which appeal district (the territory to which powers of the relevant Appeal Court extend) there is local court which made the appealed judgment.

Article 27. Cognizance of cases on the residence or location of the defendant

1. Claims to physical person are made in court in the place of his residence or stay registered in the procedure established by the law if other is not provided by the law.

2. Claims to legal entities are made in court on their location according to the Unified State Register of Legal Entities, physical persons - entrepreneurs and public forming.

Article 28. Cognizance of cases on the choice of the claimant

1. Recovery suits of the alimony increase in their size, payment of additional expenses on the child penalty (penalty fee) for delay of payment of the alimony, indexation of the alimony, change of method of their collection, about recognition of paternity of the defendant, the claims arising from employment legal relationship can be shown also in the registered place of residence or stay of the claimant.

2. Actions of rescission of scrap can be made in the registered place of residence or stay of the claimant also if on its content there are juvenile or minor children or if it cannot for health reasons or on other reasonable excuses to leave to the place of residence of the defendant. By agreement of spouses case can be considered in the registered place of residence or stay of any of them.

3. Compensatory actions, caused by mutilation, other damage of health or the death of the physical person, or the harm done owing to making of criminal offense can be shown also in the registered place of residence or stay of the claimant or in the place of damnification.

4. The claims connected with indemnification, caused to person by illegal decisions, actions or failure to act of the body performing operational search activities, pre-judicial investigation, prosecutor's offices or vessels can be shown also in the registered place of residence or stay of the claimant.

5. Claims for consumer protection can be made also in the registered place of residence or stay of the consumer or in the place of damnification or agreement performance.

6. Compensatory actions, caused to property of physical persons or legal entities, can be shown also in the place of damnification.

7. The claims arising from activities of branch or representation of the legal entity and also separate division of public authority without the status of the legal entity can be shown also on their location.

8. The claims arising from agreements in which the place of accomplishment is specified or which can be carried out because of their feature only in certain place can be shown also in the place of accomplishment of these agreements.

9. Claims to the defendant, the place of registration of accommodation or stay of which is unknown, are shown on the location of property of the defendant or in the last known registered its place of residence or stay or its regular occupation (work).

10. Claims to the defendant who is not taking residences or stay in Ukraine can be shown on the location of its property or in the last known registered place of his residence or stay in Ukraine.

11. Compensatory actions, caused by collision of courts, and also about collection of the amounts of remuneration for rescuing at the sea can be shown also in the location of the vessel of the defendant or port of registration of the vessel.

12. Claims to the claimant for recognition of executive text of the notary who is not subject to execution or about return of the notary collected on executive text can be shown also in the place of its execution.

13. Claims of the Ministry of Justice of Ukraine based on international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine in interests and by proxy the claimant who does not take the registered residence or stay in Ukraine, can be also shown on the location of the ministry or its territorial authorities.

14. Indemnification claims, caused by measures of providing the claim, can be shown also in the place of application of measures of providing the claim (in court which applied adequate measures).

15. Claims to several defendants living or being in different places are shown at the place of residence or the location of one of defendants in the choice of the claimant.

16. The claimant has the right to the choice between several courts to which case, except for exclusive cognizance, stipulated in Clause the 30th of this Code agrees this Article jurisdictional.

17. Claims for protection of the broken, unrecognized or challenged rights, freedoms or interests of physical persons (including about compensation of the damage caused as a result of restriction in implementation of the property right to real estate or its destructions, damages) in connection with the armed aggression of the Russian Federation, armed conflict, temporary occupation of the territory of Ukraine, emergency situations of natural or technogenic nature can be shown also at the place of residence or stay of the claimant.

Article 29. Cognizance of cases with participation of citizens of Ukraine if both parties live beyond its limits

1. Cognizance of cases with participation of citizens of Ukraine if both parties live beyond its limits, and also cases on annulment of marriage between the citizen of Ukraine and the foreigner or the stateless person who live outside Ukraine, is determined by the judge of the Supreme Court determined according to the procedure, stipulated in Article 33 of this Code, solely.

Article 30. Exclusive cognizance

1. The claims arising concerning real estate are shown on the location of property or its main part. If the claims connected among themselves are imposed at the same time concerning several real estate units, the dispute is considered in the location of object which cost is the highest.

2. Claims for removal of arrest from property are made on the location of property or its main part.

3. Claims of creditors of the testator which are submitted before inheritance acceptance by heirs are shown in the location of heritable property or its main part.

4. The claims to carriers arising from transportation agreements of freights, passengers, baggage, mail are shown in the location of carrier.

5. Cases on the arrest of the vessel performed for providing the sea requirement are considered by court on the location of seaport of Ukraine in which there is vessel or to which goes, or port of registration of the vessel.

6. The counter action and the claim of the third party declaring independent requirements concerning matter in issue irrespective of cognizance are shown in court in the place of consideration of the original action. This rule is not applied when according to other rules of exclusive cognizance specified in this Article such claim be considered by other court, than what considers the original action.

7. In case of consolidation of claims concerning the conclusion, change, termination and the execution of the transaction with requirements concerning other transaction concluded for ensuring primary obligation, the dispute is considered by court on the location of the defendant who is the party of primary obligation.

8. Requirements for registration of property and property rights, other registration actions are considered by the court determined by rules of cognizance on consideration of dispute from which such requirements are derivative.

Article 31. Case referral from one court in another

1. The court submits case to other court if:

1) case belongs to territorial jurisdiction (cognizance) of other court;

2) after satisfaction of branches (rejections) or for other reasons it is impossible to form new structure of court for consideration of the case;

3) it is liquidated or on certain law to the bases work of court which considered case is stopped.

2. The case accepted by court to the production with observance of rules of cognizance shall them be considered also in that case when in proceedings on the reference it became cognizable to other court, except as specified, when owing to changes in the list of defendants case belongs to exclusive cognizance of other court.

3. Case referral for consideration of other court on the cognizance established by this Code on the basis, stipulated in Item 1 part one of this Article, is performed based on determination of court no later than five days after the termination of term on its appeal, and in case of submission of the claim - no later than five days after its leaving without satisfaction.

4. Case referral on the basis, stipulated in Item 2 parts one of this Article, is performed based on the order of the chairman of justices for consideration of the court which is brought most territorially closer to this court.

5. In case of liquidation or termination of work of court of case which were in its production are instantly brought to trial, determined by the relevant law or the decision on termination of work of court and if such court is not determined - in court which is brought most territorially closer to court which is liquidated or work of which is stopped.

6. Case in which one of the parties is the court to which cognizance this case by general rules is carried or the judge of this court, no later than five days from the date of receipt of the action for declaration is transferred based on the order of the chairman of justices to last resort court for cognizance determination.

Article 32. Inadmissibility of disputes on cognizance

1. Disputes between courts on cognizance are not allowed.

2. The case submitted from one court to another according to the procedure, stipulated in Clause 31 of this Code, shall be accepted to production by court to which it is sent.

Chapter 3. Structure of court. Branches

Article 33. Determination of structure of court

1. Determination of the judge, and in case of joint consideration - judges-speakers for consideration of specific case is performed by Single judicial information and telecommunication system during document registration, specified in part two of article 14 of this Code, and also in other cases of determination of structure of court at any stage of legal procedure, taking into account specialization and uniform loading for each judge, by the principle of accident and on first come put.

2. Case which consideration according to this Code is performed by board of judges without fail is considered by permanent board of judges of the relevant court which part the judge-speaker determined by Single judicial information and telecommunication system is.

3. The staff of permanent boards of judges is determined by meeting of judges of the relevant court.

4. About two judges who are elected by meeting of judges of Cassation civil court, from structure of each of trial chambers of Cassation civil court and the chairman of Cassation civil court are part of the joint chamber.

5. If case be considered by board as a part of more than three judges, judges from structure of permanent board of judges into which the judge-speaker determined by Single judicial information and telecommunication system, judges who are in addition determined by Single judicial information and telecommunication system enters are part of board.

6. If case in the Supreme Court be considered jointly as a part of the relevant chamber, - the judge-speaker determined by Single judicial information and telecommunication system in case of initial distribution of cases is presiding over meetings of chamber.

7. Unresolved legal cases according to the motivated order of the chief of staff of court attached to case papers are transferred for the repeated automated distribution of cases only in case the judge (if case is considered solely) or the judge-speaker from structure of board of judges (if case is considered jointly) in the cases provided by the law cannot continue consideration of the case more than fourteen days that can prevent consideration of the case in the terms established by this Code.

8. For each permanent board of judges of meeting of judges of the relevant court determine reserve judges for a period of one year.

If from structure of board of judges the judge who is not judge-speaker in such case that can prevent consideration of the case in the terms established by this Code cannot continue consideration of the case, replacement of the judge at the initiative of the judge-speaker according to the motivated order of the chief of staff of court is performed by Single judicial information and telecommunication system from among reserve judges.

9. If to replace the judge who was disposed from number of reserve judges it is impossible, its replacement is performed by Single judicial information and telecommunication system according to the procedure, provided by part one of this Article.

The judge determined on replacement of the disposed judge considers as a part of board of judges all unsolved cases which are considered by such board of judges and which due to the lack of the disposed judge cannot be considered in the terms established by this Code.

10. The single judicial information and telecommunication system is not applied to determination of the judge (structure of board of judges if case is considered jointly) for consideration of specific case only in case of approach of circumstances which objectively made impossible its functioning and more than five working days proceed.

11. Case which consideration is begun by one judge or board of judges shall be considered by the same judge or board of judges, except as specified, excluding participation of the judge in consideration of the case, and other cases provided by this Code.

12. In case of change of structure of court at stage of preparatory production consideration of the case is started anew, except as specified, provided by this Code.

In case of change of structure of court at stage of substantive prosecution the court repeatedly begins substantive prosecution, except case when the court makes the decision on repeated carrying out preparatory production.

13. Consideration of the application about review of the judgment on newly discovered facts is performed by the same structure of court which made the decision which is reviewed if case was considered by the judge solely or as a part of board of judges. If such structure of court cannot be created, the judge or board of judges for consideration of the application about review of the judgment is determined by newly discovered facts according to the procedure, established by part one of this Article.

Consideration of the application about review of the judgment on newly discovered facts is performed by the chamber united by chamber or Big Chamber if the decision which is reviewed is accepted respectively the chamber united by chamber or Big Chamber.

14. Results of the automated distribution (repeated distribution) of case are drawn up by the protocol.

15. The protocol shall contain the following data:

1) date, time of the beginning and the end of the automated distribution;

2) number of legal case, category and coefficient of its complexity, names (names) of participants of case;

3) information on determination of the list of judges for participation (the bases on which judges do not take part) in the automated distribution; information on determination of the judge, judge-speaker;

4) the bases of implementation of the automated distribution (the repeated automated distribution);

5) surname, initials and position of the authorized person of the office of the court responsible for implementation of the automated distribution of legal cases.

16. The copy of such protocol in electronic or paper form is signed by authorized persons of the office of court and issued (goes) to the interested person not later than the next day after giving to court of the corresponding statement.

17. Features of distribution of legal cases are established by Regulations on Single judicial information and telecommunication system.

Article 34. Structure of court

1. Civil cases in Trial Courts are considered solely by the judge who is chairman and acts on behalf of court if other is not provided by this Code.

Cases on recognition unreasonable assets and their collection in the income of the state are considered jointly by the Supreme anti-corruption court as a part of three judges.

2. In the cases established by this Code, civil cases in Trial Courts are considered by board as a part of one judge and two jurors who when implementing justice have all rights of the judge.

3. Review in appeal procedure for decisions of the courts of the first instance is performed by board of judges of Appeal Court as a part of three judges.

4. Review of judgments of courts of the first and appellate instance is performed by board of judges of court of cassation instance as a part of three or bigger odd number of judges.

5. In the cases determined by this Code review of judgments by court of cassation instance is performed by the trial chamber of Cassation civil court (chamber) united by chamber of Cassation civil court (the joint chamber) or Big Chamber of the Supreme Court (Big Chamber).

6. The meeting of chamber in court of cassation instance is considered competent on condition of presence of more than a half of its structure on it.

7. The meeting of the joint chamber, Big Chamber is considered competent if at it there are at least than two thirds of its structure.

8. Review of judgments on newly discovered facts is performed by court in the same quantitative structure in which these decisions were made (solely or jointly).

9. Irrespective of in what structure case was considered, review of judgments on exceptional circumstances on the bases determined by Items 1, 3 parts three of Article 423 of this Code is performed by board as a part of three or bigger odd number of judges, and on the basis determined by Item 2 parts three of Article 423 of this Code - Big Chamber of the Supreme Court.

10. If case be considered by the judge solely, but this Code provides possibility of joint consideration of such case, the issue of purpose of joint consideration is resolved prior to consideration of the case by the judge who considers case, on own initiative or according to the petition of the participant of case about what the corresponding determination is taken out.

11. The issue of consideration of the case by board as a part of more than three judges is resolved by the board of judges determined according to the procedure, established by Article part two 33 of this Code, prior to consideration of the case, taking into account category and complexity of case about what the corresponding determination is taken out.

Article 35. Procedure for the solution of questions in case of joint consideration of the case

1. The questions arising during joint consideration of the case by court are solved by a majority vote judges. The chairman votes the last.

2. In case of decision making on each question any of judges has no right to abstain from vote and signing of the decision or the resolution. Judges have no right to disclose observations which were made in the consultative room.

3. The judge not concordant with the decision can state the special opinion in writing. Participants of case without announcement of its content in judicial session are notified on availability of special opinion. The special opinion is filed and is open for acquaintance.

Article 36. Bases for removal (rejection) of the judge

1. The judge cannot consider case and is subject to branch (rejection) if:

1) he is family member or the close relative (the husband, the wife, the father, mother, the stepfather, the stepmother, the son, the daughter, the stepson, the stepdaughter, the brother, the sister, the grandfather, the woman, the grandson, the granddaughter, the adoptive father or adopted, the guardian or the custodian, the family member or the close relative of these persons) the party or other participants of legal procedure or persons who provided to the party or other participants of case legal aid in this case, or other judge who is part of court which considers or considered case;

2) he took part in case as the witness, the expert, the specialist, the translator, the representative, the lawyer, the court session secretary or provided to the party or other participants of case legal aid in this or other case;

3) he is directly or indirectly interested in result of consideration of the case;

4) the procedure for determination of the judge for consideration of the case was broken;

5) there are other circumstances raising doubts in impartiality or objectivity of the judge.

2. The judge is subject to branch (rejection) also in the presence of circumstances, stipulated in Clause the 37th of this Code.

3. Persons who are family members, relatives among themselves or relatives of spouses cannot be part of court.

4. Disagreement of the party with proceeding decisions of the judge, the decision or separate opinion of the judge on another matters expressed publicly opinion of the judge concerning this or that legal issue cannot be the basis for branch.

Article 37. Inadmissibility of repeated participation of the judge in consideration of the case

1. The judge who was taking part in permission of case in Trial Court cannot participate in consideration of the same case in courts of appeal and cassation instances, and also in new trial put Trial Court after cancellation of the judgment or determination about closing of proceeedings.

2. The judge who was taking part in dispute settlement in case with participation of the judge cannot participate in consideration of this case in essence or review of any judgment made in it.

3. The judge who was taking part in permission of case in Appeal Court cannot participate in consideration of the same case in courts of cassation or first instance, and also in new trial of case after cancellation of the resolution or the judgment of appellate instance.

4. The judge who was involved in reconsideration of the case in court of cassation instance cannot participate in consideration of the same case in court of the first or appellate instance, and also in its new trial after cancellation of the resolution or the judgment of cassation instance.

5. The judge who was taking part in permission of case on the decision in which subsequent was cancelled by last resort court cannot participate in consideration of the application about review on judgment newly discovered facts on this case.

6. The judge who was taking part in permission of case in court of the first, appeal, cassation instances cannot participate in consideration of the application about review of the judgment in connection with exceptional circumstances in this case.

Article 38. Bases for removal (rejection) of the court session secretary, expert, specialist, translator

1. The court session secretary, the expert, the specialist, the translator cannot be involved in consideration of the case and are subject to branch (rejection) on the bases specified in article 36 of this Code.

2. The expert or the specialist, besides, cannot be involved in consideration of the case if:

1) it was or is in job or other dependency from participants of case;

2) clarification of the circumstances important for case goes out of the sphere of its special knowledge.

3. Participation of the court session secretary, expert, specialist, translator in judicial session by the previous consideration of this case respectively as court session secretary, expert, specialist, translator is not the basis for their branch.

Article 39. Statements for rejections and branches

1. On the bases specified in Articles 36, of the 37 and 38 of this Code, the judge, the court clerk, the expert, the specialist, the translator shall declare rejection.

2. On the bases specified in Articles 36, of the 37 and 38 of this Code, withdrawal of case by participants can be declared to the judge, the court clerk, the expert, the specialist, the translator.

3. Branch shall be the motivated and declared within ten days from the date of receipt by participant of case of the resolution on opening of proceeedings, but no later than the beginning of preparatory meeting or the first judicial session if case is considered according to the procedure of the simplified claim production. Rejection can be declared not later than the beginning of preparatory meeting or the first judicial session if case is considered according to the procedure of the simplified claim production.

After the expiration of the specified term it is allowed to declare branch (rejection) only in exceptional cases when the applicant cannot knows of the basis of branch (rejection) before the expiration of the specified term, but no later than two days from the date of when the applicant learned about such basis.

4. Establishment of the circumstances specified in Items 1 - 4 parts one of article 36 of this Code, article 37 of this Code, exempts the applicant from obligation of provision of other proofs of bias of the judge for the purposes of branch.

5. If branch is declared repeatedly for the reasons considered earlier, the court which considers case leaves such statement without consideration.

Article 40. Procedure for permission of the declared branch and rejection

1. The issue of removal (rejection) of the judge can be resolved both to, and after opening of proceeedings.

2. The issue of removal of the judge is resolved by court which considers case. The court satisfies branch if comes to conclusion about its justification.

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 33 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.

4. If the question of the removal of the judge according to the procedure determined by part three of this Article cannot be considered in court in which case is considered, then case for the solution of question of branch is brought to trial relevant authorities, the brought most territorially closer to this court.

5. If at the time of filing of application about removal of the judge in court less than three judges perform justice, the solution of question of branch is performed in the consultative room by the judge who considers case or makes other legal proceeding about what determination is taken out. In that case provisions of parts three and the fourth this Article are not applied.

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.

8. The court resolves issue of removal of the judge without notice of participants of case. At the initiative of court the issue of removal of the judge can be resolved in judicial session with the notice of participants of case. Absence of participants put in judicial session in which the issue of removal of the judge is resolved, does not interfere with consideration by court of question of removal of the judge.

9. The issue of rejection of the judge is resolved in the consultative room by determination of the court considering case.

10. The question of removal of the court session secretary, the expert, the specialist, translator is allowed by the structure of court considering case. The court considering the application for branch hears person to whom branch is declared if it wishes to offer explanations, and also opinion of participants of case. Absence of person to whom branch is declared in judicial session in which the issue of branch is resolved, does not interfere with consideration by court of question of branch.

11. By results of permission of the statement for branch the court takes out determination.

Article 41. Consequences of withdrawal of court (judge)

1. In case of allowance of the application about removal of the judge who considers case solely case is considered in the same court by other judge who is determined according to the procedure, stipulated in Clause 33 of this Code.

2. In case of allowance of the application about branch to one of judges or all structure of court if case is considered by board of judges, case is considered in the same court by the same quantitative structure of board of judges without participation of the taken-away judge or other list of judges which is determined according to the procedure, stipulated in Clause 33 of this Code.

3. If after satisfaction of branches (rejections) or in the presence of the bases specified in article 37 of this Code it is impossible to form new structure of court for consideration of the case, the case on the order of the chairman of justices is submitted to other court determined according to the procedure, established by this Code.

Chapter 4. Participants of legal procedure

§1. Participants of case
Article 42. List of participants of case

1. In cases of claim production by participants of case the parties, the third parties are.

2. By consideration of requirements in mandative production by participants of case the applicant and the debtor are.

3. In cases of special proceeding by participants of case applicants, other interested persons are.

4. Bodies and persons who by the law are granted the right to take a legal action for the benefit of other persons can also take part in cases.

5. In cases on appeal of the decision of reference tribunal, contest of the decision of the international commercial arbitration and on issue of the executive document for forced execution of the decision of reference tribunal, international commercial arbitration by participants of case participants (parties) of arbitration consideration, persons who did not participate in arbitration are if the reference tribunal resolved issue of their rights and obligation, and also the parties of arbitration proceeding.

Article 43. Rights and obligations of participants of case

1. Participants of case have the right:

1) to get acquainted with case papers, to make from them statements, copies, to receive copies of judgments;

2) to produce the evidence; participate in judicial sessions if other is not determined by the law; participate in research of proofs; ask questions to other participants of case, and also witnesses, experts, specialists;

3) to submit applications and petitions, to give explanations to court, to give the arguments, reasons concerning questions which arise during legal proceedings, and objection against statements, petitions, arguments and reasons of other persons;

4) to get acquainted with the protocol of judicial session, record of fixation of judicial session by technical means, to make copies, to submit written notes concerning abnormality or incompleteness;

5) to appeal judgments in the cases determined by the law;

6) to have other procedural law determined by the law.

2. Participants of case shall:

1) to show respect for court and for other participants of legal procedure;

2) to promote timely, comprehensive, complete and objective establishment of all facts of the case;

3) to be in judicial session on challenge of court if their appearance is acknowledged as court of obligatory;

4) to produce all evidence which is available for them according to the procedure and the terms established by the law or court not to hide the proof;

To provide 5) to court complete and reliable explanations on questions which are put by court, and also participants of case in judicial session;

6) to perform legal proceedings in the terms established by the law or court;

7) to fulfill other procedural duties established by the law or court.

3. In case of non-execution by the participant of case of its obligations the court applies to such participant of case of measure of procedural coercion, provided by this Code.

4. In delusion of rather actual facts of the case perpetrators bear the responsibility established by the law for introduction of court.

5. Documents (including procedural documents, written and electronic proofs and so forth) can be filed a lawsuit, and legal proceedings to be made by participants of case electronically with use of Single judicial information and telecommunication system, except as specified, provided by this Code.

6. Procedural documents electronically shall be filed a lawsuit by participants of case with use of Single judicial information and telecommunication system by filling of forms of procedural documents according to Regulations on Single judicial information and telecommunication system.

7. The participant of case is exempted from obligation to send to other participants of case or to file a lawsuit copies of documents on number of participants of case if he files a lawsuit documents electronically. In that case the copy of the relevant documents to other participants of case is sent by court. If the amount of documents is excessive, the court sends to participants of case only copies of procedural documents and the notification on opportunity to get acquainted with other materials in court house or through Single judicial information and telecommunication system.

8. If documents are filed a lawsuit by participants of case or go to other participants of case electronically, such documents are fastened with the digital signature of the participant of case (his representative).

If documents are filed a lawsuit by participants of case or go to other participants of case in paper form, such documents are fastened with the sign manual of the participant of case (his representative).

9. If the claim, appeal, the writ of appeal are filed a lawsuit electronically, the claimant, person who made the complaint shall file a lawsuit statements as a matter of fact, the petition and written proofs exclusively electronically, except cases when the court provides permission to their representation in paper form.

Article 44. Inadmissibility of abuse of procedural law

1. Participants of process and their representatives shall have procedural law honesty; abuse of procedural law is not allowed.

2. Depending on specific circumstances the court can recognize as abuse of procedural law of action, contradicting task of civil legal proceedings, in particular:

1) submission of the claim to the judgment which is not subject to appeal, is not acting or action of which ended it (is exhausted), submission of the petition (statement) for the solution of question which is already solved by court, in the absence of other bases or new circumstances, the application of obviously groundless branch or making of other similar actions which are directed on groundless prolongation or preventing of consideration of the case or execution of the judgment;

2) submission of several claims to the same defendant (defendants) with the same subject and of the same bases, or submission of several claims with similar subject and of the similar bases, or making of other actions which purpose is manipulation with the automated distribution of cases between judges;

3) submission of obviously frivolous action, claim in the absence of matter in issue or in dispute which has obviously artificial character;

4) unreasonable or artificial consolidation of claims for the purpose of change of jurisdiction of the case or obviously unreasonable involvement of person as the defendant (codefendant) with the same purpose;

5) the conclusion of the voluntary settlement sent to damage to the third party rights, the intentional not message on persons which shall be attracted to participate in case.

3. If submission of the claim, statement, petition is recognized abuse of procedural law, the court taking into account the facts of the case has the right to leave without consideration or to return the claim, the statement, the petition.

4. The court shall take measures for prevention of abuses of procedural law. In case of abuse of procedural law of the participant of legal procedure the court applies to it the measures determined by this Code.

Article 45. Ensuring protection of the rights of juveniles or minors during consideration of the case

1. During consideration of the case, except the rights and obligations determined by Article 43 of this Code juvenile or the minor has also following procedural law:

1) directly or through the representative or the legal representative to express the opinion and to receive its help in the statement of such opinion;

To receive 2) through the representative or the legal representative information on legal proceedings;

3) to perform other procedural law and to fulfill the procedural duties provided by the international treaty which consent to be bound is provided by the Verkhovna Rada of Ukraine.

2. The court explains to the juvenile or the minor of its right and possible consequences of actions of his representative or legal representative if on age it can realize their value.

3. The court promotes creation of the proper conditions for implementation by the juvenile or the minor of its rights determined by the law and provided by the international treaty which consent to be bound is provided by the Verkhovna Rada of Ukraine.

Article 46. Civil standing in court

1. Capability have civil procedural law and obligations of the Party, the third party, the applicant, the interested person (civil standing in court) all physical persons and legal entities have.

Article 47. Civil procedural capacity to act

1. Capability personally to perform civil procedural law and to fulfill the duties in court (civil procedural capacity to act) have physical persons which reached age of majority, and also legal entities.

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