The Committee on Justice recommends the Parliament to adopt the Bill on Amendments to Chapter XIII "Transitional Provisions" of the Law "On Judicial System and the Status of Judges" (re Consideration of Criminal and Civil Cases upon Cassational Appeal)
Published on 16 November 2010, at 16:13
Publish
The bill (Reg. No.7311), submitted by S. Kivalov and V. Bondyk, People´s Deputies of
Ukraine, presents a
new version of sub-paragraph
1-2 of item 2 of Chapter XIII
"Transitional Provisions" of the Law "On Judicial System and the
Status of Judges", whereby
cassational appeals on judgments of ordinary courts in criminal and civil
cases, submitted to the Supreme Court before 1 November 2010, are transferred
to the board of relevant courts of appeal established by the council of judges of these courts, to be scrutinized
pursuant to the paragraph 31
of chapter IV of the Code of Criminal Proceedings of Ukraine.
The bill refers these cases to the relevant courts of appeal for the cassational
proceedings, preventing
possible scrutiny of the case by the court that has scrutinized the case in the appellate
procedure.
According to the Committee
members, adoption of the bill will
ensure a fair and timely
scrutiny of the case
aimed at protection of violated or disclaimed rights, freedoms or interests of individual
persons, and rights and interests of legal
entities or state.