The Committee on Justice recommends the Parliament to forward the Bill on Amendments to the Civil Procedural Code of Ukraine (re Scrutiny of Cases in Compliance with the Hague Convention on the Civil Aspects of International Child Abduction)
25 November 2010, 14:12
The
bill (Reg. No.6359) arranges the legislative
conditions for the effective implementation of the international obligations of
Ukraine under the Hague
Convention on the Civil Aspects of International Child Abduction, ratified on
25 October 1980.
The Committee upholds the amendments to the Code of Civil Proceedings of Ukraine as to the scrutiny of issues under this Convention, although the submitted legislative proposals shall be adjusted.
Thus, the bill suggests instituting special proceedings in the case of a return of a child. It supplements chapter IV of the Code of Civil Proceedings of Ukraine with a new clause 13. However, special proceedings shall be instituted in the cases of clarifying certain circumstances (legal facts or the change of a legal status of a citizen) connected with the origin, modification or termination of the property or personal non-property rights of the legal subject.
Requisition on return of a child shall be scrutinized by the court pursuant to the special proceedings only under the condition of its indisputable character.
Clause 2902 regulates the content of an appeal on a child´s return. This appeal should contain the grounds for returning a child, as stated by the claimants, and the place of residence for a child to be returned to. Furthermore, the appeal shall state thes necessity of translating the documents attached into the official language, since they may be presented in a foreign language. The same concerns the legalization of the documents.
According to the People´s Deputies, the statements suggested in item 7 part 1 clause 367 of the Code of Ukraine on Civil Proceedings of Ukraine on the immediate implementation of the court decisions are not harmonized with part 2 clause 2905.
The Committee members expressed several other remarks to the bill.