28 January 2011, 12:01
The Committee has already scrutinized several bills, and recommends the Parliament to adopt them in the second reading and entirety. Namely, the Committee on Justice recommends the Parliament to adopt the bill on amendments to the Law "On Implementation of Resolutions of the European Court of Human Rights, and Practice of their Application" in the second reading and in its entirety (Reg. No. 6358). The bill enhances the domestic law on implementation of resolutions of the European Court of Human Rights, and practice of their application. Under the bill, the public enforcement service shall notify the person concerned about the compensation entered into the deposit account of the public enforcement service, as under the rules of the Committee of Ministers of the Council of Europe, the resolution shall not be considered properly implemented, unless the person is notified about the placing of the compensation onto the account.
The Committee recommends the Parliament to adopt the bill on amendments to clause 81 of the Civil Procedural Code of Ukraine (re compensation of expenses for the information and technical support of the scrutiny of cases on validation and implementation of the resolutions of foreign courts in Ukraine) (Reg. No. 6407). The bill supplements part 3 of clause 81 of the Civil Procedural Code of Ukraine with a new paragraph 6, whereby the expenses for the information and technical support of the scrutiny of cases on validation and implementation of the resolutions of foreign courts in Ukraine are not covered by appealing to court, but are payable by the parties after the scrutiny. Adoption of the bill is supposed to prevent petitions for the validation and implementation of the resolution of a foreign court, guarantee access to the law, and support the rights of individuals and legal entities.
The Committee also recommends the Parliament to adopt the bill "On Amendments to the Law of Ukraine "On Amendments to the Law of Ukraine "On the Judicial System and the Status of Judges" (re special training of the candidates for the office of a judge) (Reg. No. 7451). The bill improves the procedure of appointing the judges to the office of a judge for the first time; regulates the issues on the training of the candidates for the office of a judge; and supports effective work of the bodies in charge of selecting the judges.
According to the working schedule, during February-July 2011, the Committee plans to scrutinize 38 bills.
The Committee adjusts the bill on amendments to certain legislative acts of Ukraine (regarding grounds for liberation from evidence) (Reg. No.3456) for the second reading.
The People´s Deputies are working upon 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" (Reg. No. 4806). The bill 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 Committee recommends the Parliament to adopt the bill "On Amendments to the economic Procedural Code of Ukraine" (regarding the Appeal against the Court of Arbitration Judgment and Enforcement Order Acceptance) (Reg. No. 5322), which supplements the Economic Procedural Code of Ukraine with a new chapter ХVІ "Proceedings in the Cases on Cancellation of the Arbitral Tribunal Resolutions, and Issue of the Enforcement Orders due to the Arbitral Tribunal Resolution", determining the court processing of appeals against the resolution of the arbitral tribunals, and receipt of the enforcement orders. 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.
The bill on amendments to clause 6 of the Law "On Courts of Arbitration" (regarding court jurisdiction of cases in the sphere of consumer´s rights) (Reg. No.6670-1) is planned to be adjusted for the second reading.
Furthermore, the Committee recommends the Parliament to adopt the bill on amendments to clause 254 of the Code of Administrative Jurisdiction in Ukraine (enactment of the judicial decision) (Reg. No.7337) in the first reading and as a basis.
The Committee has already scrutinized and supported adoption of the following bills:
on amendments to certain legislative acts of Ukraine (regarding jurisdiction over a dispute) (Reg. No.6608);
on amendments to certain legislative acts of Ukraine regarding improvement of the work of the Supreme Court of Ukraine (Reg. No.7447);
on amendments and supplements to the Law of Ukraine "On Access to the Judicial Decisions" (regarding separate issues of the Register keeping) (Reg. No.7369).
The People´s Deputies shall pass decisions regarding the bill on amendments to clause 116 of the Code of Economic Procedural of Ukraine (regarding issuing an order of a judicial decree) (Reg. No.6040).
The Committee shall scrutinize the bill on amendments to certain Laws of Ukraine (regarding charge on separate types of income) (Reg. No. 6144).
The bill on amendments to the Economic Procedural Code of Ukraine (regarding subjects entitled to the right for court appeal) (Reg. No.96348) is to be considered.
The Committee shall adopt a decision on the bill on amendments to the Law "On Court of Appeal" (regarding the right for settlement by arbitration) (Reg. No.6367).