Respective amendments are to be introduced into Article 33 of the Civil Procedure Code of Ukraine to unify respective provision of the Civil Procedure Code with similar provisions of the Administrative Procedure Code and the Economic Procedure Code, which inter alia envisions attraction of another defendant upon a court's initiative.
During the consideration, Committee members noted that in compliance with the principle of dispositivity the court eyes civil cases only on requests of individuals or legal entities within declared demands and on the basis of evidence of the parties and other persons taking part in the case. A person taking part in the case, exercises his/her rights as to the subject of the dispute at his/her sole discretion (Article 11 of the Civil Procedure Code of Ukraine).
Therefore, in the frames of the authorities envisioned by the effective legislation of Ukraine, the court in a civil process has to eye an appeal as to those defendants mentioned by a plaintiff. If a plaintiff makes a mistake and appeals against wrong defendant or not against all possible proper defendants, he can petition the court for attraction of proper or additional defendants and the court satisfies such a petition.
According to the Secretariat of the Committee, the members of the Committee supported the draft law.