11 February 2008, 15:54
The Bill (Reg.No.2015) seeks to amend the Procedural Criminal Code, Procedural Business Code, Procedural Civil Code and Administrative Proceedings Code of Ukraine, to lay down that ‘the establishment, by an International Judicial Institution, whose jurisdiction is recognized by Ukraine, of a violation by Ukraine of its International obligations in Court proceedings, is a ground for revision of Court rulings´.
According to Amendments to the Procedural Criminal Code, a petition for a revision of the Court ruling, on the grounds as set out in Clause 4004 of this Code, can be lodged by a person in whose favour an International Judicial Institution, whose jurisdiction is recognized by Ukraine, has pronounced its judgment establishing a violation by Ukraine of its International obligations in Court proceedings, its attorney, or authorized representative.
Such a petition can be lodged, as prescribed by Law, within one month of the notification, to those involved, of the final status being granted to the judgment pronounced by the International Judicial Institution.
The Explanatory Note to the Bill states that the current Procedural Criminal Code does not specify grounds for revision of a Court ruling where an International Judicial Institution, whose jurisdiction is recognized by Ukraine, establishes a violation by Ukraine of its International obligations in Court proceedings. The Procedural Business and Procedural Civil Codes of Ukraine envisage such grounds in their respective clauses, however their wording, i.e. ‘Declaration, by an International Judicial Institution, whose jurisdiction is recognized by Ukraine, of a violation of International obligations of Ukraine in a Court ruling´, is in conflict with the subsidiary nature of International Judicial Institutions, whose competence does not embrace the assessment and revision of rulings by National Courts.