The Committee on Justice recommends the Parliament to adopt the Bill "On Amendments to Certain Legislative Acts of Ukraine regarding the Appeal against the Court of Arbitration Judgment and Issue of the Enforcement Order at the Judgment of the Court of Arbitration" in the Second Reading and Its Entirety
14 December 2010, 18:11
The bill
(Reg. No. 4806) supplements the Civil Procedural Code of Ukraine with a new
Chapter VII-1 "Proceedings in the Cases of Appeal against the Court of
Arbitration Judgment, and Writs of Execution due to the Court of Arbitration
Judgment" that determines the peculiarities of the juridical scrutiny of
appeals against the court of arbitration judgments and writs of
execution due to the court of arbitration judgments.
Clause 15 of the Civil Code shall be supplemented by part four of the following content: Court scrutinize cases on appeals against judgments of the court of appeal and on issuing of enforcement order to compel performance of duty.
Pursuant to the document, "in cases in appeals against judgments of the court of appeals and on issuing of enforcement order to compel performance of duty to the individuals that take part in case are the participants of appeal process and also individuals that do not take part in the case if the court of arbitration the made judgment regarding their rights and duties and also representatives o mentioned above persons."
The bill contains principles on appeals against court of arbitration judgments. Namely it is envisaged that the parties, third parties and individuals do not taking part in the case, have the right on appeal to the economic court with the appeal on rejection of the resolution of the court of arbitration if the court of arbitration the made judgment regarding their rights and duties. The appeal is submitted to the economic court at the place of the case scrutiny by the court of arbitration and individuals in three days term from the moment of the judgments of the court of arbitration and individuals do not taking part on the case, if it solved the issues regarding their rights and obligations, - during three months from the day they learnt or should have learn about the judgments of the court of arbitration.