The Committee on Justice recommends that the Parliament should reject the bill to amend several legislative acts of Ukraine regarding the right to consideration of a claim in court of cassation

Information Department
28 September 2012, 13:18

The bill (Reg. No. 11018) amends the Code of Civil Procedure and the Code of Administrative Court Procedure. Particularly, it is proposed to exclude clause 5 of part three of article 328 of the Code of Civil Procedure and clause 5 of part five of article 214 of the Code of Administrative Court Procedure, under which the reporting judge denies opening a cassational case if the cassation appeal is ungrounded and its arguments do not require revision of case papers.

Members of the Committee noted that provisions of clause 5 of part four of article 328 of the Code of Civil Procedure and of clause 5 of part five of article 214 of the Code of Administrative Court Procedure serve as a “filter” for cassation appeals that are obviously ungrounded.

Members of the Parliament believe that adoption of the law could have negative impact on court operation, particularly violate the principle of legal economy and reasonable terms of case consideration.