The Civil Procedural Code of Ukraine

Date of Entry into Force:
January 1, 2005, but not earlier than the Administrative Procedural Code of Ukraine Enters into Force

The Civil Procedural Code of Ukraine (hereinafter referred to as the Code) aims at just and timely consideration and settlement of civil cases in the courts of Ukraine for protection of rights, freedoms or interests of natural persons, rights and interests of legal entities and the state.

The Code entitles each entity to apply to court in order to protect its violated, non-recognized or disputed rights, freedoms or interests.

Legal proceedings shall be conducted in the official language and judicial documents shall also be composed in the official language. The persons who do not speak the official language may use interpreter (translator).

The courts consider cases on protection of violated, non-recognized or disputed rights, freedoms or interests, which arise from civil, housing, land, family, labor relations, as well as other legal relations.

As regards to court staff the civil cases shall be considered:
in the courts of first instance - by three judges;
in the court of appeal - by three judges;
in the court of cassation - by five judges.

The Code defines that parties to civil proceedings shall be a plaintiff and a defendant. Natural persons, legal entities or the state may be a plaintiff and a defendant. The representative of party to civil proceedings may be attorney or other person who is eighteen years old, has civil procedural capability and properly certified authorities to be representative in court.

Pursuant to the Code, the courts settle cases under claim, order and separate procedure.

All cases which shall be settled under civil proceedings shall be considered under claim procedure, except for the cases that may be settled under order or separate proceedings. The claim shall be brought by submission of claim to the court of first instance. The result of such procedure shall be passing of decision or resolution by court.

Order procedure shall be applied for recovery from the debtor of monetary funds or property at claim of the entity which is entitled thereof. The result of such procedure shall be service by court of special form of court decision - court order. It may be served, if:
the claim is based on legal proceedings conducted in a written form;
it was claimed about calculated, but not paid to the employee salary;
it was claimed about reimbursement of expenses for search of defendant, debtor, child or debtor's transport vehicles.

Under separate procedure the court shall consider cases about:
limitation of civil capability of natural person, recognition of natural person as incapable and renewal of civil capability of natural person;
granting of full civil capability to the minor;
recognition of natural person as missing or declaring him/her deceased;
adoption;
ascertaining of facts that have legal significance;
renewal of rights to lost bearer securities and one name papers;
transfer of ownerless real estate to communal ownership;
recognition of inheritance from the deceased;
forced rendering of psychiatric aid to the person;
compulsory hospitalization to the anti-consumptives establishment;
disclosure by the bank of information which is bank secret regarding legal entities and natural persons.
The result of such procedure shall be passing of decision.

Court decisions shall be re-considered under appeal or cassation procedure due to exceptional or newly revealed circumstances.

Under appeal procedure court decisions shall be considered by court chambers in civil cases of general courts of appeal. Having considered the case the court of appeal shall pass resolution or decision, which shall enter into force from the moment of their proclamation.

Court decisions may be re-considered under cassation procedure. After consideration of case the court of cassation shall pass resolution or decision, which also shall enter into force from the moment of their proclamation.

Decision on civil case after re-consideration in cassation instance may be appealed to the Supreme Court of Ukraine due to exceptional circumstances. Decision or resolution of the Supreme Court of Ukraine shall enter into legal force from the moment of their proclamation, but shall not be appealed.

At the same time, decisions or resolutions of court which entered into legal force, as well as court order may be re-considered due to newly revealed circumstances. Reconsideration shall be conducted by the court that passed decision, resolution or court order.

The Code contains the list of decisions which shall be executed expeditiously:
collection of alimony;
adjudgment of payment of salary to the employee;
reimbursement of harm caused by cripple, other damage to health or death of a natural person;
renewal at work of the employee who has been illegally dismissed or transferred to other work;
taking away of a child and return him/her to the person s/he lived with;
disclosure by the bank of information which is bank secret regarding legal entities and natural persons.

Execution of court decisions may be controlled by court supervision. In this case the court shall consider claim of parties to execution procedure and pass respective resolution. The body of state executive service shall inform the court about execution of resolution.

The Code defines the procedure for recognition and execution of that decision of foreign court, which shall be executed forcedly, as well as the one that shall not be executed forcedly.

A separate chapter of the Code defines the procedure for the cases with participation of foreigners, stateless persons, foreign legal entities, foreign states (their bodies and officials) and international organizations. Pursuant to the Code, such entities have procedural rights and duties equally with natural persons and legal entities of Ukraine, except for those set by the Constitution and laws of Ukraine, as well as international agreements the binding nature of which has been ratified by the Verkhovna Rada of Ukraine.

The law of Ukraine may set respective limitations as regards to natural persons and legal entities of the states in which special limitations of civil procedural rights of natural persons or legal entities of Ukraine are permitted.

Court expenses consist of court fee and expenses related to consideration of case. The latter consist of:
  1. expenses for informational technical provision;
  2. expenses for legal aid;
  3. expenses of parties and their representatives which are related to appearance in court;
  4. expenses related to attraction of witnesses, specialists, interpreters and conducting of court examinations;
  5. expenses related to examination of proofs at the place of their location and conducting of other actions which are necessary for consideration of case.

In the event of violation of set in court rules or prevention of civil proceedings the court may apply procedural compulsion measures to the guilty persons. To such measures refer:
forewarning;
removal from the court room;
temporary of withdrawal of proofs for examination by court;
pretence.
Warning! The information is outdated due to the fact that this section is temporarily not updated!


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