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)

16 November 2010, 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.