The Committee on the Rule of Law and Justice recommends that the Parliament should send the draft law on amendments to the Commercial Procedure Code re reconsideration of judicial acts for refinement

Information Department of the Verkhovna Rada of Ukraine Secretariat
20 September 2013, 14:08

It was noted that the bill (Reg. No. 2510) is aimed at improving the process of consideration of judicial acts in the appeals instance, the Supreme Economic Court, the Supreme Court and upon discovery of new facts in order to protect rights of economic entities. 

The draft law suggests amend, particularly, articles 93, 101, 111-9, 111-12, 111-16, 112, 113 of the Commercial Procedure Court stipulating that: single procedural requirements to a procedural form of a complaint (claim) regarding consideration should be applied; new term of filing a complaint, in case the previous term was missed for reasons independent of the person filing a complaint should be introduced; limits of re-consideration of a case in appeals and  cassation instances should be set; the powers of a cassation instance should be defined; reasons for a re-consideration in the Supreme Court upon discovery of new facts should be determined.     

During the discussion, the people’s deputies voiced proposals and considerable remarks to the bill.

Having analyzed proposed amendments, the Committee members claimed that the amendments should be made aiming to unify legal regulation and comply with system and complex approaches.   

Parliamentarian stressed that the Ministry of Justice, the Supreme Court and the Supreme Economic Court, having voiced their remarks, think that the draft law contains legally unreasonable proposals and requires refinement.