A relevant Bill, 'On Amendments to Clauses 8 and 61 of the Civil Code of Practice' (concerning the Legislation governing Court adjudications) has been registered in The Verkhovna Rada of Ukraine.
This Bill (Reg. No.4062) is aimed at 'ensuring impartial consideration of cases concerning Human Rights, and conclusive legal judgments on this issue.
The author, People's Deputy Yu. Miroshnychenko, justifies the need for this Bill by the fact that Clause 8 of the Civil Code of Practice requires that legal judgments are taken in compliance with the Constitution of Ukraine, and laws and International Treaties which are legally binding by consent of The Verkhovna Rada of Ukraine.
The Law 'On the Execution of Judgements and Use of the Practice of the European Court of Human Rights' was adopted to introduce European Human Rights standards into Ukrainian legal procedures and administrative practices, with the requirement that Courts should base their proceedings on, and take as a legal authority, the practices of the European Court of Human Rights.
However, Clause 61 of the Civil Code of Practice includes no stipulations that the circumstances established by a judgment of the European Court of Human Rights, which has come into force, are not subject to proof in the consideration of other cases involving the same person or persons for whom said circumstances were established.
The author of this Bill is of the opinion that 'The absence of this rule only complicates and slows down legal investigations in Ukrainian courts, involving those in whose respect a judgment has been taken by the European Court of Human Rights'.
Yu. Miroshnychenko believes that the passing of this Bill will ensure comprehensive, unbiased and impartial Court proceedings, and will reduce the number of applications to the European Court of Human Rights against Ukraine.