The Committee on Justice recommends that the Parliament forwards the Bill "On Amendments to certain Legislative Acts of Ukraine" (re Unification of Procedures concerning Appeal against the Court Decisions in Civil, Administrative and Economic Judicial Proceedings)

13 November 2009, 10:00

Publish

The Bill (Reg. No. 4742) amends the Civil and the Economic Procedural Codes of Ukraine, as well as the Code of Administrative Legal Proceedings to unify the rules of appealing against the court decisions in adversary justice. It also amends the Law "On Prosecution" to harmonize its regulations on prosecutor´s participation in the judicial proceedings with the norms of the Constitution of Ukraine and the said Codes.

 

However, the Committee members believe that certain regulations of the Bill fail to comply with the norms of special legislation. Thus, the term "claim" in Clause 29 of the Economic Procedural Code of Ukraine is to be substituted by "an appeal". The People´s Deputies object against such amendments, as Clause 36-1 of the Law "On Prosecution" clearly determines that a prosecutor can address an appeal to the court.