The
bill (Reg. No.3672) amends clause 8 of the Civil
Procedural Code of Ukraine,
and states that the
court settles the cases
in compliance with the
legal practice of the
European Court of Human Rights.
It amends clause 61 that sets the legal basis
for release from proving. The
circumstances established by the judgment of the European Court of Human Rights in a case against Ukraine are not proved in other cases with the
participation of the same persons.
The Committee members expressed several remarks concerning the bill. Namely, the amendments suggested to clause 8 are incorrect, since the judgment of the European Court of Human Rights is the practice of implementation of the Convention for the Protection of Human Rights and Fundamental Freedoms, which is a legislative act and can not be regarded as a law regulating the legal proceedings.
The People´s Deputies declared that the Supreme Court of Ukraine and the Ministry on Justice of Ukraine expressed several remarks concerning the bill and recommended forwarding it for adjustment.
In the result of the discussion, the Committee decided to recommend the Parliament to forward the bill to the subject of legislative initiative for adjustment.