A relevant Bill, 'On Amendments to Certain Legislative Acts of Ukraine', is currently under consideration by the Justice Committee.

 

This Bill (Reg. No. 4042) will amend the Labour Code, Business Code, Procedural Business Code, Procedural Civil Code, and Procedural Administrative Justice Code, together with Laws 'On the Executive Proceedings' and 'On International Private Law'.

 

Inter alia, the regulation of labour relations for citizens working outside of their countries, according to the proposed wording in the Labour Code of Ukraine, will be effected in line with the provisions laid out in the Law 'On International Private Law'. Those provisions reflected in the above Law will be excluded from the Procedural Civil Code.

 

The Bill also provides a more detailed and in-depth procedure for appeals in Ukrainian Courts to Courts abroad, with requests for the execution of Commissions, together with the execution within Ukraine of Commissions from foreign Courts. Alternatively, 'to effect certain proceedings within other countries, the Ukrainian Courts can appeal to Courts abroad with a Commission regarding the provision of legal assistance'.

According to the provisions of the Bill, ‘Ukrainian Courts fulfil Commissions of foreign Courts concerning the provision of legal assistance (service of subpoenas and other documents, interrogation of litigants and witnesses, examination and on-site review, and other proceedings) forwarded to them in line with the procedure set out in the International Treaties of Ukraine, which have been made legally binding by consent from The Verkhovna Rada of Ukraine, or, where such a Treaty is absent, through Diplomatic channels'.

It is also noted, that a Commission from a foreign Court shall not be accepted for execution where such execution can infringe on the sovereignty of Ukraine, or compromise Ukraine's national security; or where said Commission is beyond the Court´s jurisdiction or contradicts the Laws or International Treaties of Ukraine.

 

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