The bill (Reg. No.5393) amends clauses 22, 78, 104, 111-10
of the Code
of Economic Proceedings
of Ukraine, making it possible to conclude settlement agreements in the economic proceedings
at any stage
of prosecution, and presenting additional grounds to cancel the decision in appellate and
cassational procedures.
Analyzing the bill, the People´s Deputies focused on the amendments introduced to part 7 of clause 22 and clause 78 of the Code, stating that these amendments on the non-concuring of settlement agreement by the court if it contradicts the Law or infringes upon somebody´s rights are of the same effect.
The Committee members are convinced that the issues on legal effect of the settlement agreement conclusion shall be regulated on the state of appellate or cassational complain, namely, the issue of an enforcement document and the order of its termination.
Furthermore, the Central Scientific-Expert Department of the Verkhovna Rada of Ukraine Secretariate, the Ministry on Justice, the Supreme Court and the High Economic Court recommend drafting the bill.
In the result of the discussion, the Committee members expressed their remarks and resolved to forward the bill for adjustment by the subjects of the legislative initiative.