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Official translation
Last modification: 14.06.21 06:24:46

CIVIL PROCEDURE CODE OF UKRAINE

(The Official Bulletin of the Verkhovna Rada of Ukraine (BVR), 2004, Nos. 40–41, 42, Article 492)

{As amended by Law
No. 2709-IV of 23.06.2005, BVR, 2005, No. 32, Article 422
Code
No. 2747-IV of 06.07.2005, BVR, 2005, Nos. 35–36, No. 37, Article 446
Laws
No. 2875-IV of 08.09.2005, BVR, 2005, No. 52, Article 562
No. 3538-IV of 15.03.2006, BVR, 2006, No. 35, Article 295
No. 3551-IV of 16.03.2006, BVR, 2006, No. 35, Article 298
No. 3570-IV of 16.03.2006, BVR, 2006, No. 35, Article 303
No. 424-V of 01.12.2006, BVR, 2007, No. 9, Article 67
No. 483-V of 15.12.2006, BVR, 2007, No. 9, Article 77
No. 543-V of 09.01.2007, BVR, 2007, No. 12, Article 103
No. 962-V of 19.04.2007, BVR, 2007, No. 31, Article 405}

{On certain provisions recognised as constitutional, see Judgment of the Constitutional Court
No. 8-RP/2008 of 22 April 2008}

{As amended by Laws
No. 1397-VI of 21.05.2009, BVR, 2009, No. 41, Article 596
No. 1474-VI of 05.06.2009, BVR, 2009, No. 44, Article 656
No. 1568-VI of 25.06.2009, BVR, 2010, No. 1, Article 5
No. 1720-VI of 17.11.2009, BVR, 2010, No. 8, Article 51}

{For official interpretation of the Code, refer to the Judgment of the Constitutional Court
No. 3-rp/2010 of 27.01.2010}

{As amended by Laws
No. 1837-VI of 21.01.2010, BVR, 2010, No. 12, Article 120
No. 1691-VI of 18.02.2010, BVR, 2010, No. 19, Article 154
No. 1876-VI of 11.02.2010, BVR, 2010, No. 18, Article 139}

{For official interpretation of the Code, refer to the Judgment of the Constitutional Court
No. 12-rp/2010 of 28.04.2010}

{As amended by Laws
No. 2167-VI of 11.05.2010, BVR, 2010, No. 31, Article 416
No. 2289-VI of 01.06.2010, BVR, 2010, No. 33, Article 471
No. 2387-VI of 01.07.2010, BVR, 2010, No. 37, Article 495
No. 2398-VI of 01.07.2010, BVR, 2010, No. 38, Article 509}

{For official interpretation of the Code, refer to the Judgment of the Constitutional Court
No. 18-rp/2010 of 08.07.2010}

{As amended by Law
No. 2453-VI of 07.07.2010, BVR, 2010, Nos. 41–42, No. 43, Nos. 44–45, Article 529}

{On certain provisions recognised as unconstitutional, refer to the Judgment of the Constitutional Court
No. 19-rp/2010 of 9 September 2010}

{As amended by Laws
No. 2536-VI of 21.09.2010, BVR, 2011, No. 5, Article 34
No. 2677-VI of 04.11.2010, BVR, 2011, Nos. 19–20, Article 142
No. 2748-VI of 02.12.2010, BVR, 2011, No. 18, Article 124
Code
No. 2755-VI of 02.12.2010, BVR, 2011, Nos. 13–14, Nos. 15–16, No. 17, Article 112
Laws
No. 2979-VI of 03.02.2011, BVR, 2011, No. 33, Article 330
No. 2981-VI of 03.02.2011, BVR, 2011, No. 33, Article 332
No. 3038-VI of 17.02.2011, BVR, 2011, No. 34, Article 343}

{For official interpretation of the Code, refer to the Judgment of the Constitutional Court
No. 4-rp/2011 of 31.05.2011}

{As amended by Laws
No. 3674-VI of 08.07.2011, BVR, 2012, No. 14, Article 87
No. 3776-VI of 22.09.2011, BVR, 2012, No. 21, Article 195}

{For official interpretation of the Code, refer to the Judgment of the Constitutional Court
No. 13-rp/2011 of 02.11.2011}

{As amended by Law
No. 3932-VI of 20.10.2011, BVR, 2012, No. 22, Article 221}

{On certain provisions recognised as constitutional, see Judgment of the Constitutional Court
No. 16-rp/2011 of 08.12.2011
No. 17-rp/2011 of 13.12.2011}

{As amended by Laws
No. 4176-VI of 20.12.2011, BVR, 2012, No. 29, Article 340
No. 4190-VI of 20.12.2011, BVR, 2012, No. 29, Article 342
No. 4416-VI of 21.02.2012, BVR, 2012, No. 42, Article 522
No. 4452-VI of 23.02.2012, BVR, 2012, No. 50, Article 564
No. 4565-VI of 22.03.2012, BVR, 2012, No. 51, Article 574
No. 4566-VI of 22.03.2012, BVR, 2012, No. 51, Article 575
No. 4652-VI of 13.04.2012, BVR, 2013, No. 21, Article 208
No. 4847-VI of 24.05.2012, BVR, 2013, No. 16, Article 139
No. 5029-VI of 03.07.2012, BVR, 2013, No. 23, Article 218
No. 5041-VI of 04.07.2012, BVR, 2013, No. 25, Article 247
No. 5076-VI of 05.07.2012, BVR, 2013, No. 27, Article 282
No. 5288-VI of 18.09.2012, BVR, 2013, No. 37, Article 490
No. 5477-VI of 06.11.2012, BVR, 2013, No. 50, Article 693
No. 245-VII of 16.05.2013, BVR, 2014, No. 12, Article 178
No. 406-VII of 04.07.2013, BVR, 2014, Nos. 20–21, Article 712
No. 721-VII of 16.01.2014, BVR, 2014, No. 22, Article 801 – has lost effect under Law No. 732-VII of 28.01.2014
No. 767-VII of 23.02.2014, BVR, 2014, No. 17, Article 593}

{For official interpretation of the Code, refer to the Judgment of the Constitutional Court
No. 4-rp/2014 of 22.04.2014}

{As amended by Laws
No. 1206-VII of 15.04.2014, BVR, 2014, No. 24, Article 885
No. 1261-VII of 13.05.2014, BVR, 2014, No. 28, Article 937
No. 1263-VII of 13.05.2014, BVR, 2014, No. 27, Article 915
No. 1697-VII of 14.10.2014, BVR, 2015, Nos. 2–3, Article 12
No. 1700-VII of 14.10.2014, BVR, 2014, No. 49, Article 2056
No. 192-VIII of 12.02.2015, BVR, 2015, No. 18, Nos. 19–20, Article 132
No. 198-VIII of 12.02.2015, BVR, 2015, No. 17, Article 118
No. 484-VIII of 22.05.2015, BVR, 2015, No. 33, Article 323
No. 541-VIII of 18.06.2015, BVR, 2015, No. 32, Article 315
No. 629-VIII of 16.07.2015, BVR, 2015, No. 43, Article 386
No. 772-VIII of 10.11.2015, BVR, 2016, No. 1, Article 2
No. 835-VIII of 26.11.2015, BVR, 2016, No. 2, Article 17
No. 901-VIII of 23.12.2015, BVR, 2016, No. 4, Article 44
No. 922-VIII of 25.12.2015, BVR, 2016, No. 9, Article 89
No. 990-VIII of 04.02.2016, BVR, 2016, No. 10, Article 107
No. 1404-VIII of 02.06.2016, BVR, 2016, No. 30, Article 542
No. 1533-VIII of 20.09.2016, BVR, 2016, No. 44, Article 747
No. 1847-VIII of 09.02.2017, BVR, 2017, No. 12, Article 133
No. 1977-VIII of 23.03.2017, BVR, 2017, No. 20, Article 240
No. 1982-VIII of 23.03.2017, BVR, 2017, No. 18, Article 222
No. 2037-VIII of 17.05.2017, BVR, 2017, No. 25, Article 291
No. 2136-VIII of 13.07.2017, BVR, 2017, No. 35, Article 376}

{As amended by Law
No. 2147–VIII of 3 October 2017, BVR, 2017, No. 48, Article 436}

{As amended by Laws
No. 2205-VIII of 14.11.2017, BVR, 2017, Nos. 51–52, Article 448
No. 2229-VIII of 07.12.2017, BVR, 2018, No. 5, Article 35
No. 2234-VIII of 07.12.2017, BVR, 2018, Nos. 6–7, Article 40
No. 2268-VIII of 18.01.2018, BVR, 2018, No. 10, Article 54
No. 2475-VIII of 03.07.2018, BVR, 2018, No. 36, Article 272
No. 2581-VIII of 02.10.2018, BVR, 2018, No. 46, Article 371
No. 142-IX of 02.10.2019, BVR, 2019, No. 45, Article 291
No. 198-IX of 17.10.2019, BVR, 2019, No. 50, Article 356
No. 263-IX of 31.10.2019, BVR, 2020, No. 2, Article 5
No. 390-IX of 18.12.2019, BVR, 2020, No. 15, Article 95
No. 440-IX of 14.01.2020, BVR, 2020, No. 28, Article 188
No. 460-IX of 15.01.2020, BVR, 2020, No. 29, Article 194
No. 540-IX of 30.03.2020, BVR, 2020, No. 18, Article 123
No. 590-IX of 13.05.2020
No. 720-IX of 17.06.2020
No. 731-IX of 18.06.2020
No. 768-IX of 14.07.2020}

{In the text of the Code, the words “psychiatric facility” and “narcological or psychiatric facility” have been replaced with the words “psychiatric care facility” in the appropriate case and number under Law No. 2205-VIII of 14.11.2017}

Section I
GENERAL PROVISIONS

Chapter 1. Main provisions

Article 1. The purpose of the Civil Procedure Code of Ukraine

1. The Civil Procedure Code of Ukraine determines the jurisdiction and powers of general courts in civil disputes and other cases stipulated by this Code, establishes the procedure for civil proceedings.

Article 2. Tasks and basic principles of civil proceedings

1. The task of civil proceedings shall be a fair, impartial and timely consideration and resolution of civil cases in order to effectively protect violated, unrecognised or disputed rights, freedoms or interests of individuals, rights and interests of legal entities, the interests of the state.

2. The court and the trial participants should be guided by the task of civil proceedings that prevails over any other grounds in a trial.

3. The basic principles of civil proceedings shall be as follows:

1) rule of law;

2) respect for honour and dignity, equality of all participants in the trial under the law and before the court;

3) publicity and openness of a trial and its complete recording by technical means;

4) adversarial character of the parties;

5) discretionary nature;

6) pro rata principle;

7) binding nature of judgments;

8) enforcement of the right to appellate review;

9) ensuring the right to cassation appeal against the judgment in cases defined by law;

10) reasonability of time limits for case consideration by the court;

11) inadmissibility of abuse of procedural rights;

12) reimbursement of court costs of a party in whose favour the judgment was adopted.

Article 3. Legislation on civil proceedings

1. Civil proceedings shall be conducted pursuant to the Constitution of Ukraine, this Code, the Law of Ukraine “On Private International Law”, laws of Ukraine defining the specifics of certain categories of cases, as well as international treaties ratified by the Verkhovna Rada of Ukraine.

2. In case if an international treaty, ratified by The Verkhovna Rada of Ukraine, defines rules other than specified by this Code, the rules of international treaty of Ukraine shall apply.

3. Proceedings in civil cases shall be carried out under the laws in force at the time of the commission of certain procedural actions, consideration and resolution of the case.

4. The Law, which provides new obligations, repeals, or reduces, or limits the usage of the rights of trial participants, has no retroactive effect in time.

Article 4. The right of referring to court for legal protection

1. Every person shall have the right to apply to the court for protection of his/her violated, unrecognised or disputed rights, freedoms or legitimate interests under the procedure established by this Code.

2. In cases established by law, authorities and persons who are entitled to apply to the court in the interests of other persons or state or public interests may apply to the court.

3. The waiver of the right to refer to a court for legal protection shall deem to be invalid.

4. The parties may agree on the transfer of the dispute to arbitration court. Any dispute arising from a civil legal relationship may be transferred to the arbitration court by agreement of the parties, except as provided by law.

5. No one can be deprived of the right to participate in the consideration of his/her case upon the procedure defined by this Code.

Article 5. Remedies applied by the court

1. In administering justice, the court shall protect the rights, freedoms and interests of individuals, rights and interests of legal entities, state and public interests in the manner prescribed by law or contract.

2. If the law or contract does not define an effective way to protect the violated, unrecognised or disputed right, freedom or interest of a person appealed to the court, the court in accordance with the claims of such a person may determine in its judgment a remedy that does not contradict the law.

3. The only way to protect the rights of persons who are (were) members of a bank and whose rights and interests were violated as a result of exclusion of an insolvent bank from the market or liquidation of a bank by virtue of illegal individual act of the National Bank of Ukraine, the Deposit Guarantee Fund of Individuals, the Ministry of Finance of Ukraine, the National Commission on Securities and Stock Market, the resolution of the Cabinet of Ministers of Ukraine shall be compensation for damage in cash.

{Article 5 has been supplemented with part 3 under Law C 590-IX of 13.05.2020}

4. Recognition of an individual act/decision specified in Part 3 of this Article as illegal shall not constitute grounds for the application of remedies in the form of recognition as invalid, void, illegal and cancellation of any judgments, transactions or other actions/recognition of omission as illegal, accepted, committed or admitted in the procedure of exclusion of an insolvent bank from the market/liquidation of a bank.

{Article 5 has been supplemented with part 4 under Law No. 590-IX of 13.05.2020}

Article 6. Respect for honour and dignity, equality under the law and before the court

1. The court shall respect the honour and dignity of all trial participants and administer justice on the basis of their equality under the law and before the court, regardless of race, colour, political, religious and other beliefs, gender, ethnic and social origin, property status, place of residence, language and other features.

Article 7. Publicity of the trial

1. The cases in courts shall be considered orally and openly, except as provided for by this Code.

2. Any person shall have the right to be present at an open court hearing. It is prohibited to require any documents from a person wishing to be present at a court hearing, except for an identity document. Persons wishing to be present at a court hearing shall be admitted to the courtroom before the beginning of a court hearing or during a break.

3. The court may remove from the courtroom persons who obstruct the conduct of a court hearing, the exercise of the rights or performance of duties of the trial participants or a judge, violate discipline in the courtroom. The court may decide to restrict access to the court hearing of persons who are not trial participants during the quarantine established by the Cabinet of Ministers of Ukraine under the Law of Ukraine “On Protection of Population against Infectious Diseases” if participation in the court hearing poses a threat to life or health of a person.

{Part 3 of Article 7 as revised by Law No. 540-IX of 30.03.2020}

4. Persons present in the courtroom and members of the media may take photographs, make video and audio recordings in the courtroom using portable video and audio equipment without obtaining a separate court permit, but subject to restrictions established by this Code.

5. A court hearing may be live-streamed upon court permission. If all case parties participate in the court hearing by videoconference, the court meeting must be live-streamed on the Internet.

6. Photographing and video recording in the courtroom, as well as live-streaming of the court meeting, shall be carried out so as not to create obstacles in the conduct of the meeting and the exercise of their procedural rights by trial participants.

7. Consideration of a case in a closed court hearing shall be conducted in cases when an open court hearing may result in the disclosure of secret or other information protected by law, or at the case partie's request to ensure the secrecy of adoption, prevent disclosure of information about intimate or other details of private life of the case parties or the information that diminishes their honour and dignity, as well as in other cases established by law.

8. Personal papers, letters, recordings of telephone conversations, telegrams and other types of correspondence may be announced in court only with the consent of the persons specified by the Civil Code of Ukraine. This rule shall apply to the examination of audio and video recordings of the same nature.

9. A ruling shall be delivered on the consideration of the case in a closed court hearing. The court may declare the court hearing closed in full or in part.

10. Consideration of the case and commission of certain procedural actions in a closed court hearing shall be conducted under the rules of civil proceedings. Only case parties and, if necessary, witnesses, experts, specialists and interpreters may be present at such a hearing. The court shall warn these persons about the obligation not to disclose information, for the protection of which a case is heard or certain procedural actions are taken in the closed court hearing.

11. The use of video conference, live-streaming via the Internet means within the closed court hearing is not permitted.

12. If during the closed court hearing it is established that the information, for the non-disclosure of which the case or particular procedural actions are held closely, is already publicly available, or the restriction of access to information is groundless or inconsistent with the law, the court adopts an order as of the further open court hearing.

13. A case shall be heard in accordance with the written proceedings based on the available case files if this Code does not provide for notification of the case parties. In this case, the court hearing shall not be held.

14. During the consideration of a case in the court hearing, the court shall make a full recording of the hearing by means of video and (or) audio recording equipment, except for the cases provided by this Code. The procedure for such recording shall be established by this Code.

15. Only technical record made by the court in the manner prescribed by this Code shall be the official record of the court hearing.

16. A judgement (full or abbreviated) adopted in the open court hearing shall be publicly announced under the procedure established by this Code.

17. If the trial was held in the closed court hearing, only the introductory and operative parts of a judgment shall be announced publicly if such parts do not contain information, for the protection of which a case was heard or certain procedural actions were taken in the closed court hearing. If the introductory and (or) operative parts of a judgment contain such information, they shall be declared in the closed court hearing.

18. If the judgment is announced publicly, the case parties, other persons present in the courtroom and media representatives may take photographs, record video and live-stream the announcement of a judgment in the courtroom by radio and television and on the Internet.

Article 8. Openness of case information

1. No one shall be deprived of the right to information on the date, time and venue where their case will be considered or of the right to receive in court oral or written information on the results of the consideration of their case. Any person who is not a party to a case has the right to access judgments in the manner prescribed by law.

2. Individuals, who did not participate in the trial, if the court resolved issues concerning their rights, freedoms and (or) obligations, and who filed an appeal or cassation claim against the relevant judgment, shall have the right to review the case files, abbreviate them, make copies of the documents attached to a case, receive duplicate judgments in the manner prescribed by this Code.

3. Information on the court that considers a case, case parties and the subject of claim, the date of receipt of the statement of claim (complaint) or any other statement or motion in the case, including the person who filed such a claim, the measures taken to secure the claim and (or) evidence, the stage of the case consideration, the venue, date and time of the court hearing, the transfer of a case from one court to another shall be open and is subject to immediate publication on the official web-portal of the Ukrainian Judiciary in the manner prescribed by the Unified Judicial Information and Telecommunication System.

4. If the court delivers a ruling on the case consideration in the closed court hearing, information on a case shall not be disclosed, except for information on the case parties, the subject of claim, the date of receipt of the statement of claim, the stage of the case consideration, the venue, date and time of the court hearing, the transfer of a case from one court to another.

5. When disclosing information on a case provided for in Parts 3 and 4 of this Article, the following information shall not be disclosed:

1) place of residence or stay of individuals with address, telephone numbers or other means of communication, e-mail address, taxpayer identification numbers, details of identity documents, unique record numbers in the Unified State Demographic Register;

2) registration numbers of vehicles;

3) bank account numbers, payment card numbers;

4) information, for the protection of which a case was considered or the certain procedural actions were taken in the closed court hearing.

Such information shall be replaced with alphanumeric symbols.

Article 9. Language of civil proceedings

1. Civil proceedings in the courts shall be administered in the state language.

2. The courts shall ensure equality of rights of trial participants regardless of the language.

3. Courts shall use the state language in judicial proceedings and guarantee the right of trial participants to use in court their native language or the language they speak.

4. The trial participants who are not proficient or insufficiently proficient in the state language shall have the right to make statements, provide explanations, appear in court and put motions in their native language or the language they speak using the services of an interpreter in the manner established by this Code.

Article 10. Rule of law and legislation under which the court rules the cases

1. When considering a case, the court shall be guided by the principle of the rule of law.

2. The court shall consider cases in accordance with the Constitution of Ukraine, laws of Ukraine, international treaties that the Verkhovna Rada of Ukraine agrees are binding.

3. The court shall apply other regulatory acts adopted by the relevant body on the basis, within the powers and in the manner prescribed by the Constitution and laws of Ukraine.

4. When considering cases, the court shall apply the 1950 Convention for the Protection of Human Rights and Fundamental Freedoms and the protocols thereto ratified by the Verkhovna Rada of Ukraine and the case law of the European Court of Human Rights as a source of law.

5. The court shall apply the rules of law of other states if it is provided for by the law of Ukraine or an international treaty that the Verkhovna Rada of Ukraine agrees is binding.

6. If the court concludes that a law or other legal act contradicts the Constitution of Ukraine, the court shall not apply such law or other legal act, but shall apply the norms of the Constitution of Ukraine as norms of direct effect.

In this case, after approval of the case judgment, the court appeals to the Supreme Court to resolve an issue of submitting to the Constitutional Court of Ukraine a petition concerning the constitutionality of a law or other legal act, the resolve of an issue concerning constitutionality of which falls within the jurisdiction of the Constitutional Court.

7. In case of non-compliance of a legal act with a legal act of higher legal force, the court shall apply the norms of a legal act of higher legal force.

8. In case of non-compliance of a legal act with an international treaty that the Verkhovna Rada of Ukraine agrees is binding, the court shall apply the international treaty of Ukraine.

9. If the disputed relations are not regulated by law, the court shall apply the law governing similar relations (analogy of the law), and if this is unavailable, the court shall proceed from the general principles of law (analogy of the law).

10. It is prohibited to dismiss a case on the grounds of absence, incompleteness, vagueness, inconsistency of the legislation governing the disputed relations.

Article 11. Pro rata principle in civil proceedings

The court shall determine, within the limits established by this Code, the procedure for administering proceedings in accordance with the pro rata principle, taking into account: the tasks of civil proceedings; ensuring of a reasonable balance between private and public interests; specific aspects of the dispute subject; cost of claim; case complexity; importance of the case consideration for the parties, time required to take certain actions, amount of court costs associated with the relevant procedural actions, etc.

Article 12. Adversarial character of the parties

1. Civil proceedings shall be conducted on an adversarial basis.

2. The case parties shall have equal rights to exercise all procedural rights and obligations provided for by law.

3. Each party shall prove the circumstances relevant to a case and to which it refers as a basis of its claims or objections, except as provided for in this Code.

4. Each shall party bear the risk of implications associated with the commission or non-commission of procedural actions.

5. While maintaining objectivity and impartiality, the court shall:

1) govern the trial procedure;

2) promote the settlement of a dispute by reaching an agreement between the parties;

3) if necessary, explain to the trial participants their procedural rights and obligations, the implications of commission or non-commission of procedural actions;

4) assist trial participants in exercising their rights provided for by this Code;

5) prevent the abuse by the trial participants of their rights and take measures to fulfil their obligations.

Article 13. Discretionary nature of civil proceedings

1. The court shall consider cases only upon an application of a person filed in accordance with this Code within their claims and on the basis of evidence submitted by the case parties or required by the court in the cases provided for by this Code.

The collection of evidence in civil cases shall not be the responsibility of the court, except as provided for by this Code. The court shall have the right to collect evidence relating to the dispute subject matter on its own initiative only in cases where it is necessary to protect minors or persons who have been declared incompetent or whose legal capacity is limited, as well as in other cases provided for by this Code.

The case party shall dispose of his/her rights in relation to the dispute subject matter at his/her own discretion. Persons in whose interests the claims have been filed also have this right, except for those persons who do not have legal capacity.

4. The court shall involve the relevant authority or person, which by law has the right to protect the rights, freedoms and interests of others, if the actions of the legal representative are contrary to the interests of the person he/she represents.

Article 14. The Unified Judicial Information and Telecommunication System

1. The Unified Judicial Information and Telecommunication System shall operate in courts.

2. Claims and other statements, appeals and other procedural documents provided for by law that are submitted to the court and may be the subject of legal proceedings shall be subject to mandatory registration in the Unified Judicial Information and Telecommunication System on the day of receipt of these documents.

3. A judge or a panel of judges (judge-rapporteur) for consideration of a specific case shall be assigned by the Unified Judicial Information and Telecommunication System in accordance with the procedure defined by this Code (automated distribution of cases).

4. The Unified Judicial Information and Telecommunication System under the law shall ensure the exchange of documents (sending and receiving documents) in electronic form between the courts, between the court and the trial participants, between the trial participants, as well as the recording of a trial and participation of the trial participants in a court by means of videoconference.

5. The court shall send judgments, judicial summons, judicial summons-notifications and other procedural documents to the official e-mail addresses of the trial participants, take other procedural actions in electronic form via the Unified Judicial Information and Telecommunication System in the manner prescribed by this Code and the Regulations on the Unified Judicial Information and Telecommunication System.

6. Lawyers, notaries, private bailiffs, arbitration trustees, judicial experts, state authorities, local governments and business entities of the state and municipal sectors of the economy shall register official e-mail addresses in the Unified Judicial Information and Telecommunication System on a mandatory basis. Other persons shall register official e-mail addresses in the Unified Judicial Information and Telecommunication System on a voluntary basis.

7. The court shall send to the persons who have registered official e-mail addresses in the Unified Judicial Information and Telecommunication System any documents on cases in which such persons participate exclusively in electronic form by sending them to the official e-mail addresses of such persons, which does not deprive their right to receive a copy of a judgment in paper form upon a separate request.

8. Registration in the Unified Judicial Information and Telecommunication System shall not deprive the right to submit documents to the court in paper form.

Persons who have registered official e-mail addresses in the Unified Judicial Information and Telecommunication System may submit procedural and other documents, take other procedural actions in electronic form only with the help of the Unified Judicial Information and Telecommunication System using their own electronic digital signature equivalent to a handwritten signature in accordance with the Law of Ukraine “On Electronic Digital Signature”, unless otherwise provided for by this Code.

Specific aspects of the use of electronic digital signature in the Unified Judicial Information and Telecommunication System shall be determined by the Regulations on the Unified Judicial Information and Telecommunication System.

9. The court shall consider a case on the basis of the case files in electronic form. Procedural and other documents and evidence in paper form shall be converted into electronic form and attached to the materials of the electronic court case not later than three days from the date the court receives them in the manner prescribed by the Regulations on the Unified Judicial Information and Telecommunication System.

If it is impossible for the court to consider a case in electronic form for technical reasons for more than five days, which may prevent consideration of a case within the time limits established by this Code, the case shall be considered in paper form, for which the case files shall be converted into paper form without delay in the manner established by the Regulations on the Unified Judicial Information and Telecommunication System.

10. Procedural and other documents and evidence in paper form shall be kept in an appendix to a case in the court of first instance and, if necessary, may be reviewed by the case parties or the court of first instance or requested by the appellate or cassation court after receiving the relevant appeal or cassation claim.

11. Unauthorised interference in the work of the Unified Judicial Information and Telecommunication System and in the automated distribution of cases between the judges shall entail responsibility established by law.

12. The Unified Judicial Information and Telecommunication System shall be subject to protection with the application of a comprehensive information protection system with verified compliance.

13. The Regulations on the Unified Judicial Information and Telecommunication System shall be approved by the High Council of Justice upon recommendation of the State Judicial Administration of Ukraine and after consultations with the Council of Judges of Ukraine.

Article 15. Legal assistance

1. The case parties shall have the right to legal aid.

2. Representation in court as a type of legal aid shall be carried out exclusively by a lawyer (professional legal aid), except in cases established by law.

3. Free legal aid shall be provided under the procedure established by the law governing the provision of free legal aid.

Article 16. The main provisions of the pre-trial dispute settlement

1. The parties shall take measures for the pre-trial dispute settlement by mutual agreement or in cases where such measures are required by law.

2. Persons who have violated the rights and legitimate interests of other parties shall restore them without waiting for a claim or lawsuit.

Article 17. The right to case review and appeal of the court judgment.

1. The case parties, as well as persons who did not participate in a trial, if the court has decided on their rights, freedoms, interests and (or) responsibilities, shall have the right to appellate review of the case and, in the events defined by law, to file a cassation claim against the judgment.

2. Cassation claim against the judgment of the court of first instance without its appellate review shall not be allowed.

Article 18. The binding nature of court judgments.

1. Judgments that have entered into force shall be binding on all state authorities and local governments, enterprises, institutions, organisations, officials and citizens and shall be enforceable throughout Ukraine, and beyond Ukraine in cases established by international treaties ratified by the Verkhovna Rada of Ukraine.

2. Failure to comply with a judgment shall be the basis for liability established by law.

3. The binding nature of a judgment shall not deprive persons who did not participate in a case of the opportunity to apply to court if the judgment resolved an issue of their rights, freedoms or interests.

Chapter 2. Civil jurisdiction

§ 1. Subject-matter and personal jurisdiction

Article 19. Cases related to the jurisdiction of general courts

1. Courts shall consider in civil proceedings the cases arising from civil, land, labour, family, housing and other legal relations, except for cases which are considered in other proceedings.

Courts shall also consider in civil proceedings the claims on registration of property and property rights, other registration actions, if such claims are derived from a dispute over such property or property rights, if the dispute is subject to consideration in the local general court and referred to it with these claims.

2. Civil proceedings shall be administered according to the rules provided for in this Code under the procedures of:

1) writ proceedings;

2) action proceedings (general or simplified);

3) separate proceedings.

3. The writ proceedings are intended for consideration of cases upon applications for recovering insignificant amount of money, which are undisputed or the applicant is not aware of their existence.

4. Simplified action proceedings are intended to consider:

{Paragraph 1 of part 4 of Article 19 as revised by Law No. 2475-VIII of 03.07.2018}

1) insignificant cases;

{Paragraph of part 4 of Article 19 as revised by Law No. 2475-VIII of 03.07.2018}

2) cases arising from labour relations;

{Paragraph of part 4 of Article 19 as revised by Law No. 2475-VIII of 03.07.2018}

3) cases on granting a permission by court for temporary departure of a child from Ukraine to a parent who lives separately from a child who has no arrears of alimony and who has been denied a notarially certified consent by the other parent to such departure;

{Paragraph of part 4 of Article 19 as revised by Law No. 2475-VIII of 03.07.2018}

4) cases of insignificant complexity and other cases which shall be resolved in the short period.

{Paragraph of part 4 of Article 19 as revised by Law No. 2475-VIII of 03.07.2018}

The general action proceedings are intended for consideration of cases, the consideration of which is inexpedient in the simplified action proceedings due to complexity or other circumstances.

5. The conditions, under which the court has the right to consider claims for recovery of money in writ proceedings and cases in general or simplified action proceedings, shall be determined by this Code.

6. For the purposes of this Code, the insignificant cases shall be:

1) cases whose cost of claim does not exceed one hundred times the subsistence level for able-bodied persons;

2) minor cases recognised by the court as insignificant, except for cases that are subject to consideration only under the rules of general action proceedings and cases whose cost of claim does not exceed five hundred times the subsistence level for able-bodied persons.

{Clause 2 of part 6 of Article 19 as amended by Law No. 460-IX of 15.01.2020}

3) cases on recovery of alimony, increase of their amount, payment of additional costs for a child, collection of a penalty (late charge) for late payment of alimony, indexation of alimony, change of the method of their recovery, if such claims are not related to establishing or disputing paternity (maternity);

{Part 6 of Article 19 has been supplemented with clause 3 under Law No. 460-IX of 15.01.2020}

4) divorce cases;

{Part 6 of Article 19 has been supplemented with clause 4 under Law No. 460-IX of 15.01.2020}

5) cases on consumer protection, whose cost of claim does not exceed two hundred and fifty times the subsistence level for able-bodied persons.

{Part 6 of Article 19 has been supplemented with clause 5 under Law No. 460-IX of 15.01.2020}

7. A separate proceeding intended to consider cases of confirmation of the presence or absence of legal facts relevant to the protection of the rights and interests of a person or creating conditions for the exercise of personal non-property or property rights or confirmation of the presence or absence of undisputed rights.

8. Courts shall consider cases of appeals against arbitral awards, the issuance of writs of enforcement for the enforcement of arbitral awards, the challenge of international commercial arbitral awards, as well as the recognition and authorisation of international commercial arbitral awards and the foreign courts judgments.

9. For the purposes of this Code, the subsistence level for able-bodied persons shall be calculated as of 1 January of the calendar year, in which the relevant application or appeal is filed, a procedural action is taken or a judgment is made.

Article 20. Consideration several related claims

1. It shall not be allowed to combine within a proceeding several claims which are subject to consideration by rules of different types of judicial proceedings unless otherwise established by law.

Article 21. The right of the parties to refer the dispute to an arbitration court

1. The parties shall have the right to refer the dispute to arbitration court, except as provided by law.

2. Any inaccuracies in the text of an agreement on the transfer of a dispute to arbitration court and (or) doubts regarding its validity and enforceability must be interpreted by the court in favour of its validity and enforceability.

3. The arbitral award may be appealed in the manner prescribed by this Code.

Article 22. The right of the parties to refer the dispute to a foreign court

1. In cases established by law or an international treaty ratified by the Verkhovna Rada of Ukraine, a dispute falling within the jurisdiction of a general court may be referred by agreement of the parties to a court of another state.

§ 2. Instance jurisdiction

Article 23. Court of first instance

1. All cases to be settled in civil proceedings shall be considered by local general courts as courts of the first instance, except for the cases specified in Parts 2–4 of this Article.

{Part 1 of Article 23 as amended by Law No. 263-IX of 31.10.2019}

2. Cases of appeal against arbitral awards, challenges of international commercial arbitral awards, issuance of writs of enforcement for enforcement of arbitral awards shall be considered by appellate courts as courts of first instance at the place of consideration by the arbitration court (at the location of arbitration).

3. Cases concerning the recognition and granting of permission to enforce the international commercial arbitral awards shall be considered:

1) by the general courts of appeal at the location of the arbitration, if the arbitration place is located with the territory of Ukraine;

2) by the General Court of Appeal, whose jurisdiction extends to the city of Kyiv, if the arbitration place is located outside the territory of Ukraine.

4. Cases on recognition of assets as unfounded and cases on their recovery into state revenue shall be considered by the Supreme Anti-Corruption Court.

{Article 23 has been supplemented with part 4 under Law No. 263-IX of 31.10.2019}

Article 24. Court of appeal

1. The appellate courts shall review through the appeal procedure the judgments of local courts located within the relevant appellate district (the territory to which the powers of the relevant appellate court extend).

2. The Supreme Court shall review through the appeal procedure the judgments adopted by the courts of appeal as the courts of first instance.

3. The Appellate Chamber of the Supreme Anti-Corruption Court shall review cases on recognition of assets as unfounded, as well as the cases on their recovery into state revenue.

{Article 24 has been supplemented with part 3 under Law No. 263-IX of 31.10.2019}

Article 25. Cassation court

1. The Supreme Court shall review through the appeal procedure the judgments adopted by the courts of appeal as the courts of first instance.

§ 3. Territorial jurisdiction

Article 26. Jurisdiction of cases, in which one of the parties is a court or a judge

1. The jurisdiction of a case, in which one of the parties is a court or a judge of a court, to which the case falls under the general rules, shall be determined by a ruling of a court of higher instance delivered without notice to the parties.

2. The jurisdiction of cases, in which one of the parties is the Supreme Court or a judge of this court, shall be determined by the general rules of the jurisdiction.

3. In cases on recognition of assets as unfounded and on cases of their recovery in state revenue, in which the defendant is a judge or an employee of the Supreme Anti-Corruption Court, such proceedings in the first instance shall be carried out by a local court with the territorial jurisdiction comprising Supreme Anti-Corruption Court, and the adopted judgments shall be appealed to the appellate court, the appellate district of which (the territory subject to the powers of the relevant court of appeal) comprises the local court that has adopted the judgment under appeal.

{Article 26 has been supplemented with part 3 under Law No. 263-IX of 31.10.2019}

Article 27. Jurisdiction of cases at the place of residence or stay of the defendant

1. Claims against an individual shall be filed in court at his/her place of residence or stay registered under the procedure established by law, unless otherwise provided by law.

2. Claims against legal entities shall be filed in court at their location under the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organisations.

Article 28. Jurisdiction of cases at the claimant's choice

1. Claims on recovery of alimony, increase in their amount, payment of additional costs for a child, collection of a penalty (late charge) for late payment of alimony, indexation of alimony, change of the method of their recovery, recognition of paternity of the defendant, claims arising from employment may to appear also at the plaintiff's registered place of residence or stay.

{Part 1 of Article 28 as amended by Law No. 2475-VIII of 03.07.2018}

2. Divorce claims may be brought at the registered plaintiff's place of residence or stay also if he/she has minor or juvenile children or if he/she is unable to go to the defendant's place of residence due to health condition or other valid reasons. By agreement of the spouses, the case may be heard at the registered place of residence or stay of either of them.

3. Claims related to compensation for damages caused by injury, other damage to health or death of an individual, or damage caused by a criminal offence may also be filed at the plaintiff's registered place of residence or stay at the place of injury.

{Part 3 of Article 28 as amended by Law No. 720-IX of 17.06.2020}

4. Claims related to compensation for damages caused to a person by wrongful judgments, actions or omissions of the authority carrying out operational and investigative activities, pre-trial investigation, prosecutor's office or court may also be filed at the plaintiff's registered place of residence or stay.

5. Claims for consumer protection may also be filed at the consumer's registered place of residence or stay or at the place of damage or performance of the contract.

6. Claims related to compensation for damages to property of individuals or legal entities may also be filed at the place of damage.

7. Claims arising from the activities of a branch or a representative office of a legal entity, as well as a separate structural unit of a public authority without the status of a legal entity may also be filed at their location.

{Part 7 of Article 28 as amended by Law No. 440-IX of 14.01.2020}

8. Claims arising from contracts, in which the place of performance is determined or which due to their specifics can be performed only in a certain place, may also be filed at the place of performance of these contracts.

9. Claims against a defendant, whose place of residence or stay is unknown, shall be filed at the location of the defendant's property or at the last known registered place of residence or stay or their permanent activity (work).

10. Claims against a defendant who does not have a place of residence or stay in Ukraine may be filed at the location of his/her property or at the last known registered place of his/her residence or stay in Ukraine.

11. Claims related to compensation for damaged caused by a collision of vessels, as well as for recovery of compensation for rescue at sea, may also be filed at the location of the defendant's vessel or the port of registration of the vessel.

12. Claims to the recoverer concerning recognition of the notary's enforcement inscription as unenforceable or for the return of the notary's fee collected under the enforcement inscription may also be filed at the place of its enforcement.

13. Claims of the Ministry of Justice of Ukraine by virtue of international treaties ratified by the Verkhovna Rada of Ukraine, in the interests and by power-of-attorney of the plaintiff who has no registered place of residence or stay in Ukraine, may also be filed at the location of the Ministry or its territorial bodies.

14. Claims related to compensation for damages caused by claim protection measures may also be filed at the place of application of claim protection measures (to the court that applied the relevant measures).

15. Claims against several defendants who live or stay in different places shall be filed at the place of residence or location of one of the defendants at the plaintiff's choice.

16. The plaintiff shall have the right to choose between several courts to which the case is subject under this Article, except for the exclusive jurisdiction established by Article 30 of this Code.

17. Claims for protection of violated, unrecognised or disputed rights, freedoms or interests of individuals (including compensation for damages caused by restrictions on the exercise of property rights or its destruction, damage) related to the armed aggression of the Russian Federation , armed conflict, temporary occupation of the territory of Ukraine, emergencies of natural or technogenic nature may also be presented at the plaintiff's place of residence or stay.

{Article 28 has been supplemented with a new part under Law No. 2268-VIII of 18.01.2018}

Article 29. Jurisdiction of cases involving citizens of Ukraine, if both parties reside abroad

1. Jurisdiction of cases involving citizens of Ukraine, if both parties reside outside Ukraine, as well as divorce cases between a citizen of Ukraine and a foreigner or a stateless person residing outside Ukraine, shall be determined by a judge of the Supreme Court appointed under Article 33 of this Code, individually.

Article 30. Exclusive jurisdiction

1. Claims arising in respect of immovable property shall be brought at the location of the property or its principal part. If interconnected claims are filed against several objects of immovable property simultaneously, the dispute shall be considered at the location of an object with the highest value.

2. Claims for lifting the seizure of property shall be filed at the location of this property or its main part.

3. Claims of the testator's creditors, filed before the acceptance of the inheritance by the heirs, shall be filed at the location of the inherited property or its main part.

4. Claims against carriers arising from contracts of carriage of goods, passengers, luggage, mail, shall be filed at the location of the carrier.

5. Cases of vessel arrest executed to secure a maritime claim shall be considered by the court at the location of a seaport of Ukraine, in which the vessel is located or to which it is heading, or the port of registration of a vessel.

6. A counter-claim and a claim of a third party declaring independent claims on the subject of a dispute, regardless of their jurisdiction, shall be filed to the court at the venue of the original claim. This rule shall not apply in cases, when, in accordance with the other rules of exclusive jurisdiction set out in this Article, such a claim is to be considered by a court other than the one considering the original claim.

7. In case of combining claims concerning the conclusion, amendment, termination and enforcement of a transaction with claims concerning another transaction concluded to secure the main obligation, the dispute shall be considered by the court at the location of a defendant, who is a party to the main obligation.

8. Claims for registration of property and property rights, other registration actions shall be considered by a court determined by the rules of jurisdiction for consideration of a dispute, from which such claims are derived.

Article 31. Transfer of a case from one court to another court

1. The court shall transfer a case to another court in the following cases:

1) a case belongs to the territorial jurisdiction of another court;

2) it is impossible to form a new court for consideration of a case after satisfaction of recusals (self-recusals) or on other grounds;

3) the work of the court that considered a case has been liquidated or terminated on the grounds specified by law.

2. A case received by a court for its proceedings in compliance with the rules of jurisdiction shall be considered by it also in the case when during the consideration of a case it became subject to the jurisdiction of another court, except for cases when due to changes in the composition of defendants the case is subject to the exclusive jurisdiction of another court.

3. A case shall be transferred to another court under the jurisdiction established by this Code on the grounds provided for in clause 1 of part 1 of this Article by virtue of a judgment no later than five days after the expiration of the period for appeal, and in case of filing a claim – no later than five days after dismissing it.

4. A case shall be transferred on the grounds provided for in clause 2, part 1 of this Article by virtue of the presiding judge's order for consideration by the court closest to that court.

5. In case of liquidation or termination of the court, the cases that were in its proceedings shall be immediately transferred to the court determined by the relevant law or judgment on termination of the court, and if such court is not determined – to the court closest to the court that was liquidated or the work of which was terminated.

6. A case, in which one of the parties is a court, to the jurisdiction of which the case falls under the general rules, or a judge of this court, not later than five days from the date of receipt of a statement of claim, shall be transferred to the court of higher instance to determine jurisdiction.

Article 32. Prohibition of jurisdictional disputes

1. Disputes between courts about jurisdiction shall be prohibited.

2. A case transferred from one court to another under the procedure established by Article 31 of this Code shall be received for proceedings by the court, to which it is sent.

Chapter 3. Composition of the court. Recusals

Article 33. Determining the composition of the court

1. A judge and, in the case of a panel hearing, a judge-rapporteur to consider a particular case shall be appointed by the Unified Judicial Information and Telecommunication System during the registration of documents specified in part 2, Article 14 of this Code, as well as in cases of determining the composition of the court at any stage of a trial, taking into account the specialisation and uniform workload of each judge on a random basis and in chronological order of receipt of cases.

2. A case, which according to this Code is considered by the panel of judges on a mandatory basis, shall be considered by the permanent panel of judges of the relevant court, which shall include a judge-rapporteur determined by the Unified Judicial Information and Telecommunication System.

3. The personal composition of the permanent panels of judges shall be determined by the conference of judges of the relevant court.

4. The joint chamber shall consist of two judges elected by the conference of judges of the Civil Court of Cassation from each of the judicial chambers of the Civil Court of Cassation and the presiding judge of the Civil Court of Cassation.

5. If the case is to be considered by a panel comprising more than three judges, such panel shall consist of judges from the permanent panel of judges, which includes the judge-rapporteur determined by the Unified Judicial Information and Telecommunication System and a judge additionally determined by the Unified Judicial Information and Telecommunication System.

6. If the case is to be considered in the Supreme Court by a panel of judges in the relevant chamber, the judge presiding on the conferences of a panel shall be a judge-rapporteur determined by the Unified Judicial Information and Telecommunication System during the initial distribution of cases.

7. Unresolved court cases by a reasoned order of the chief of the court's staff attached to a case file shall be transferred for automated re-distribution of cases only if a judge (if a case is considered alone) or a judge-rapporteur from the panel of judges (if a case is considered by the panel of judges) in cases provided for by the law may not continue the consideration of a case for more than fourteen days, which may impede the consideration of a case within the time limits established by this Code.

8. For each permanent panel of judges, the conference of judges of the relevant court shall appoint substitute judges for a term of one year.

If a judge who is not a judge-rapporteur in a case from a panel of judges cannot continue to consider such a case, which may impede the consideration of a case within the time limits established by this Code, such a judge shall be replaced at the initiative of a judge-rapporteur by the Unified Judicial Information and Telecommunication System by one of the substitute judges.

9. If it is impossible to replace a judge terminated from among substitute judges, they shall be replaced by the Unified Judicial Information and Telecommunication System under the procedure provided for in part 1 of this Article.

{Paragraph 1 of part 9 of Article 33 as amended by Law No. 2234-VIII of 07.12.2017}

A judge assigned to replace a terminated judge shall consider in the panel of judges all unresolved cases considered by such panel of judges, as well as cases, which due to the absence of a substitute judge cannot be considered within the time limits established by this Code.

9. The Unified Judicial Information and Telecommunication System shall not be used to assign a judge (a panel of judges, if the case is heard by one) to hear a particular case only in the event of circumstances that objectively prevent it from operating and last more than five business days.

11. A case initiated by a single judge or a panel of judges shall be considered by the same judge or panel of judges, except in cases that make it impossible for a judge to participate in the case consideration, as well as other cases provided for by this Code.

12. In the event of a change in the composition of the court at the stage of preparatory proceedings, consideration of a case shall begin from the start, except as provided for by this Code.

In the event of a change in the composition of the court at the stage of consideration of a case on the merits, the court shall reopen the consideration of the case on the merits again, unless the court decides to reopen the preparatory proceedings.

13. An application for review of a judgment due to newly-discovered circumstances shall be considered by the same composition of the court that adopted the judgment under review if the case was considered by a judge sitting alone or as a member of a panel of judges. If it is impossible to form such a court, a judge or a panel of judges shall be determined under the procedure established by Part 1 of this Article to consider an application for review of a judgment due to newly-discovered circumstances.

An application for review of a judgment due to newly-discovered circumstances shall be considered by a chamber, a joint chamber or the Grand Chamber if the judgment under review is adopted by the chamber, the joint chamber or the Grand Chamber, respectively.

14. The results of the automated distribution (re-distribution) of a case shall be recorded in a protocol.

15. The protocol shall contain the following information:

1) date, time of beginning and end of automated distribution;

2) number of a court case, category and coefficient of its complexity, names (titles) of case parties;

3) information on determining the list of judges to participate (grounds, on which judges do not participate) in the automated distribution; information on the appointment of a judge, a judge-rapporteur;

4) grounds for the implementation of automated distribution (automated re-distribution);

5) last name, initials and position of the authorised person of the court staff responsible for the implementation of automated distribution of court cases.

16. A copy of such a protocol in electronic or paper form shall be signed by the authorised persons of the court staff and issued (sent) to the interested person no later than on the next day after the submission of the relevant application to the court.

17. Specifics of the division of court cases shall be established by the Regulation on the Unified Judicial Information and Telecommunication System.

Article 34. Composition of the court

1. Civil cases in the courts of first instance shall be considered by a single judge, who is the presiding judge and acts on behalf of the court, unless otherwise provided for by this Code.

Cases on recognition of assets as unfounded and their recovery into state revenue shall be considered by a panel of judges in the Supreme Anti-Corruption Court consisting of three judges.

{Part 1 of Article 34 has been supplemented with paragraph 2 under Law No. 263-IX of 31.10.2019}

2. In the cases established by this Code, civil cases in the courts of first instance shall be considered by a panel of one judge and two jurors, who shall enjoy all the rights of a judge in the administration of justice.

3. Appellate review of the first instance courts' judgments shall be carried out by a panel of judges of appellate court consisting of three judges.

4. The review of judgments of the courts of first instance and the appellate courts shall be carried out by a panel of judges of the cassation court comprising three or more odd number of judges.

5. In the cases specified by this Code, the judgments shall be reconsidered by the cassation courts in the judicial chamber of the Civil Court of Cassation (chamber), the joint chamber of the Civil Court of Cassation (joint chamber) or the Grand Chamber of the Supreme Court (Grand Chamber).

6. A hearing of the chamber in the court of cassation shall be deemed quorate provided that more than half of its members are present.

7. A session of the joint chamber or the Grand Chamber shall be deemed quorate if at least two-thirds of its members are present.

8. The judgments shall be reviewed due to newly-discovered circumstances by the court in the same quantitative composition, in which these judgments were adopted (by a judge alone or a panel of judges).

9. Irrespective of the composition, in which a case was considered, the judgments shall be reviewed in exceptional circumstances by a panel of three or more odd number of judges on the grounds specified in clauses 1, 3, part 3 of Article 423 of this Code and by the Grand Chamber of the Supreme Court on the grounds specified in clause 2, part 3 of Article 423.

10. If a case is to be considered by a judge alone, but this Code provides for the possibility of consideration of such a case by a panel of judges, the issue of holding a panel session shall be decided before the consideration of a case by a judge upon their own initiative or at the request of a case party, subject to adoption of the relevant ruling.

11. The issue of consideration of a case by a panel of more than three judges shall be resolved by a panel of judges determined under the procedure established by part 2, Article 33 of this Code prior to consideration of a case, taking into account the category and complexity of a case, subject to the adoption of the relevant ruling.

Article 35. Procedure for resolving issues in the consideration of a case by a panel of judges

1. Issues arising during the consideration of a case by a panel of judges shall be resolved by a majority vote of the judges. Presiding judge shall be the last to vote.

2. When adopting a judgment on each issue, none of the judges shall have the right to refrain from voting and signing a judgment or a ruling. Judges shall not have the right to disclose opinions expressed in the deliberation room.

3. A judge who does not agree with a judgment may express their dissenting opinion in writing. The case parties shall be notified of the existence of a dissenting opinion without announcing its content at a court hearing. A dissenting opinion shall enter into the case file and shall be open for review.

Article 36. Grounds for recusal (self-recusal) of a judge

1. A judge may not consider a case and shall be subject to recusal (self-recusal) in the following cases:

1) they are a family member or a close relative (husband, wife, father, mother, stepfather, stepmother, son, daughter, stepson, stepdaughter, brother, sister, grandfather, grandmother, grandson, granddaughter, adoptive parent or adopted child, guardian or trustee, a family member or a close relative of these persons) of the party or other participants in the proceedings, or persons who provided legal aid to the party or other participants in a case, or another judge who is a member of the court that considers a case;

2) they participated in a case as a witness, expert, specialist, interpreter, representative, lawyer, secretary of the court hearing or provided legal aid to the party or other participants in any case;

3) they are directly or indirectly interested in the outcome of a case;

4) the procedure for appointing a judge to consider a case was violated;

5) there are other circumstances that cast doubt on the impartiality or objectivity of a judge.

2. A judge shall also be subject to recusal (self-recusal) under circumstances established by Article 37 of this Code.

3. The court shall not include persons who are family members, relatives of each other or relatives of the spouses.

4. Disagreement of a party with procedural judgments of a judge, judgment or dissenting opinion of a judge in other cases, publicly expressed opinion of a judge on a particular legal issue shall not constitute grounds for recusal.

Article 37. Inadmissibility of a judge's participation in a case they have already considered

1. A judge who participated in the case consideration by the court of first instance shall not participate in the consideration of the same case in the courts of appeal and cassation, as well as in a new case consideration by the court of first instance after revocation of a judgment or an order to close the proceedings in a case.

2. A judge who participated in the settlement of a dispute in a case involving a judge shall not take part in the consideration of a case on the merits or in the review of any judgment adopted therein.

3. A judge who participated in the case consideration by the appellate court shall not participate in the consideration of the same case by the cassation courts or the courts of first instance, as well as in a new case consideration following the revocation of a ruling or judgment of the appellate court.

4. A judge who participated in the case review by the cassation court shall not participate in the consideration of this case by the court of first instance or the appellate court, as well as in its new consideration following the cancellation of a ruling or judgment of the cassation court.

5. A judge who participated in the case consideration, in which the judgment was subsequently cancelled by a court of higher instance shall not participate in the consideration of an application for review of a judgment in this case due to newly-discovered circumstances.

6. A judge who participated in the case consideration by the court of first, appellate, cassation instances shall not participate in the consideration of an application for review of a judgment due to exceptional circumstances in this case.

Article 38. Grounds for recusal (self-recusal) of a court secretary, expert, specialist, interpreter

A secretary, expert, specialist, interpreter of the court hearing shall not participate in the consideration of a case and shall be subject to recusal (self-recusal) on the grounds specified in Article 36 of this Code.

2. An expert or specialist may also not take part in the proceedings if:

1) he/she was or is in official or other dependence on the case parties;

2) clarification of the circumstances concerning the case is beyond the scope of his/her special knowledge.

3. The participation of a secretary of a court hearing, expert, specialist, interpreter in a court hearing during the preliminary consideration of a case, respectively as a secretary of a court hearing, expert, specialist, interpreter shall not constitute ground for their recusal.

Article 39. Statements of self-recusals and recusals

1. On the grounds specified in Articles 36, 37 and 38 of this Code, a judge, secretary of a court hearing, expert, specialist, interpreter must recuse themselves.

2. On the grounds specified in Articles 36, 37 and 38 of this Code, a judge, secretary of a court hearing, expert, specialist, interpreter may be recused by the case parties.

3. The recusal shall be motivated and declared within ten days from the date of receipt by a case party of a resolution on commencement of proceedings, but not later on than the beginning of a preparatory hearing or the first court hearing, if a case is considered in accordance with the simplified action proceedings. Self-recusal shall be declared no later than on the beginning of a preparatory meeting or the first court hearing, if the case is considered in accordance with the simplified action proceedings.

Upon expiration of the specified period, recusal (self-recusal) shall be allowed only in exceptional cases when the grounds for recusal (self-recusal) could not be known to an applicant before the expiration of the specified period, but not later than two days from the day such grounds became known to an applicant.

4. The establishment of the circumstances specified in clauses 1–4, part 1 of Article 36 of this Code, Article 37 of this Code, shall release an applicant from the obligation to provide other proof of impartiality of a judge for the purposes of recusal.

5. If the recusal is declared again on the grounds considered earlier, the court that considers a case shall leave such application without consideration.

Article 40. The procedure for resolving the declared recusal and self-recusal

1. The issue of recusal (self-recusal) of a judge shall be resolved both before and after the commencement of proceedings.

2. The issue of recusal of a judge shall be resolved by the court that considers a case. The court shall satisfy the recusal if it concludes that it is justified.

3. If the court concludes that the recusal is unjustified and the application for such recusal was received by the court three working days (or earlier) before the next hearing, the issue on recusal shall be resolved by a judge who is not a member of the court that considers a case, and shall be defined in the manner prescribed by part 1, article 33 of this Code. A recusal of such a judge shall not be declared.

If the application for recusal of a judge is received by the court later than three working days before the next hearing, such an application shall not be referred for consideration to another judge, and the issue of recusal of a judge shall be resolved by the court that considers a case.

{Part 3 of Article 40 as revised by Law No. 460-IX of 15.01.2020}

4. If the issue of recusal of a judge in the manner prescribed by Part 3 of this Article cannot be resolved by the court that considers a case, the case for recusal shall be referred to the court of the relevant instance closest to that court.

5. If at the time of submitting an application for recusal less than three judges administer justice in the court, the issue of recusal shall be resolved in the deliberation room by a judge who considers a case or performs another procedural action, on which a ruling shall be delivered. In such case the provisions of parts 3 and 4 of this Article shall not apply.

6. The issue of recusal of a judge of the Grand Chamber shall not be referred to another judge and shall be resolved by the Grand Chamber.

{Part 6 of Article 40 as revised by Law No. 460-IX of 15.01.2020}

7. The issue of recusal shall be resolved immediately. The issue of recusal by a judge who is not a member of the court shall be resolved within two working days, but not later than the scheduled trial. In the case of consideration of the application for recusal by a judge of another court, it shall be resolved not later than ten days from the date of receipt of the application for recusal. A recusal received not during the court hearing shall be considered by the court in accordance with the written procedures.

{Part 7 of Article 40 as revised by Law No. 460-IX of 15.01.2020}

8. The court shall resolve the issue of a judge recusal without notifying the case parties. At the initiative of the court, the issue of a judge recusal may be resolved at a court hearing with the notification of the case parties. Failure by the case parties to attend a court hearing, in which the issue of a judge recusal is being resolved, shall not prevent the court from considering the issue of recusal.

9. The issue of self-recusal of a judge shall be resolved in the deliberation room by a ruling of the court that considers a case.

10. The issue of recusal of a secretary of a court hearing, expert, specialist, interpreter shall be resolved by the composition of the court that considers a case. The court that considers an application for recusal shall hear a person against whom the recusal has been filed if they wish to provide an explanation, as well as the opinion of the case parties. Failure by a person against whom the recusal has been filed to attend a court hearing, in which the issue of recusal is being resolved, shall not prevent the court from considering the issue of recusal.

11. Based on the outcome of the resolution of an application for recusal, the court shall deliver a ruling.

Article 41. Implications of court (judge) recusal

1. If the application for recusal of a judge who considers a case alone is satisfied, a case shall be considered in the same court by another judge who shall be determined under the procedure established by Article 33 of this Code.

2. If the application for recusal of one of the judges or the entire court is satisfied, if the case is considered by a panel of judges, the case shall be considered in the same court by the same panel of judges without the participation of the assigned judge or another panel of judges determined under Article 33 of this Code.

3. If after satisfaction of recusals (self-recusals) or due to the grounds specified in Article 37 of this Code it is impossible to form a new court for consideration of a case, a case shall be referred by the presiding judge's order to another court determined under this Code.

Chapter 4. Trial participants

§ 1. Case parties

Article 42. The composition of case parties

1. In cases of action proceedings, the case parties shall include the parties and third parties.

2. When considering the claims in the writ proceedings, the case parties include an applicant and a debtor.

3. In cases of separate proceedings, the case parties shall be the applicants and other interested persons.

3. Bodies and persons authorised by law to apply to the court in the interests of other persons may also participate in cases.

5. In cases of appealing the arbitral awards, challenging the international commercial arbitral awards and issuing an enforcement document for enforcement of the arbitral awards, international commercial arbitral awards, the case parties shall be the participants (parties) of arbitration, persons who did not participate in arbitration, if the arbitration court has decided on their rights and obligations, as well as the parties to the arbitration.

Article 43. Rights and responsibilities of case parties

1. The case parties shall have the right to:

1) review the case files, abbreviate them, make duplicates, receive duplicates of judgments;

2) submit evidence; participate in court hearing, unless otherwise provided by law; participate in the examination of evidence; ask questions to other case parties, as well as witnesses, experts, specialists;

3) submit applications and petitions, provide explanations to the court, provide their arguments, considerations on issues that arise during a trial, as well as objections to the applications, petitions, arguments and considerations of other persons;

4) review the minutes of a court hearing, record a court hearing by technical means, make copies of them, submit written comments on their inaccuracy or incompleteness;

5) appeal against judgments in cases specified by law;

6) use other procedural rights defined by law.

2. The case parties shall:

1) show respect to the court and to other trial participants;

2) promote the timely, comprehensive, complete and objective establishment of all the case circumstances;

3) appear in court upon its summon, if their appearance is recognised by the court as mandatory;

4) submit all available evidence in the manner and within the time limits established by law or the court, not to hide the evidence;

5) provide the court with full and reliable explanations on issues raised by the court, as well as the participants in a court hearing;

6) perform procedural actions within the time limits established by law or the court;

7) perform other procedural duties determined by law or the court.

3. If a case party fail to fulfil his/her obligations, the court shall apply to such a case party the procedural coercion measures provided for by this Code.

4. The guilty persons shall bear the responsibility established by law for misleading the court regarding the factual circumstances of a case.

5. Documents (including procedural documents, written and electronic evidence, etc.) may be submitted to the court, and procedural actions may be performed by the trial participants in electronic form using the Unified Judicial Information and Telecommunication System, except as provided for by this Code.

6. Procedural documents in electronic form shall be submitted by the trial participants using the Unified Judicial Information and Telecommunication System by filling in the forms of procedural documents in accordance with the Regulation on the Unified Judicial Information and Telecommunication System.

7. A case party shall be released from the obligation to send to other case parties or submit to the court copies of documents in accordance with the number of case parties, if he/she submits documents to the court in electronic form. In this case, copies of the relevant documents shall be sent to other case parties by the court. If the volume of documents is excessive, the court shall send to the parties only the copies of procedural documents and notify about the possibility to get acquainted with other materials in the courtroom or through the Unified Judicial Information and Telecommunication System.

8. If the documents are submitted by the case parties to the court or sent to other case parties in electronic form, such documents shall be sent with the electronic digital signature of a case party (their representative).

If the documents are submitted by the case parties to the court or sent to other case parties in paper form, such documents shall be sent with the handwritten signature of a case party (their representative).

9. If a claim, appeal, cassation appeal is filed to the court in electronic form, a plaintiff, a person who filed an appeal shall submit to the court statements on the merits, petitions and written evidence in electronic form only, unless the court grants permission for their submission in paper form.

Article 44. Inadmissibility of abuse of procedural rights

1. Trial participants and their representatives must exercise procedural rights in good faith; abuse of procedural rights shall not be allowed.

2. Depending on the specific circumstances, the court may recognise actions that contradict the task of civil proceedings as an abuse of procedural rights, in particular:

1) filing an appeal against a judgment that is not subject to appeal, is not valid or the effect of which has expired (exhausted), filing a petition (application) to resolve an issue that has already been resolved by the court, in the absence of other grounds or new circumstances, statement of knowingly unreasonable recusal or committing other similar actions aimed at unreasonably delaying or obstructing the consideration of a case or judgment enforcement;

2) filing several claims against the same defendant (defendants) with the same subject and on the same grounds or filing several claims with a similar subject and on similar grounds, or committing other actions aimed at manipulating the automated distribution of cases between the judges;

3) filing a knowingly groundless claim, a claim in the absence of the subject of a dispute or in a dispute that is obviously artificial in nature;

4) unreasonable or artificial combination of claims in order to change the jurisdiction of a case, or knowingly groundless involvement of a person as a defendant (co-defendant) for the same purpose;

5) concluding a settlement agreement aimed at harming the rights of third parties, intentional failure to notify the persons who are to be involved in a case.

3. If the filing of an appeal, application, petition is recognised as an abuse of procedural rights, the court, taking into account the case circumstances, shall have the right to leave without consideration or return appeal, application, petition.

4. The court is obliged to take measures to prevent abuse of procedural rights. In case of abuse of procedural rights by a trial participant, the court shall apply to them the measures specified by this Code.

Article 45. Ensuring the protection of the rights of minors or juveniles during the consideration of a case

1. During the consideration of a case, in addition to the rights and obligations specified in Article 43 of this Code, a a minors or juvenile shall also have the following procedural rights:

1) directly or through a representative or legal representative to express their opinion and receive his/her assistance in expressing such an opinion;

2) receive information about the consideration of a case through a representative or legal representative;

3) exercise other procedural rights and perform procedural obligations provided for by an international treaty, ratified by the Verkhovna Rada of Ukraine.

2. The court shall explain to a minor or juvenile his/her rights and the possible consequences of the actions of his/her representative or legal representative if he/she can understand their significance for his/her age.

3. The court shall promote the creation of appropriate conditions for the exercise by a minor or juvenile of his/ her rights, as defined by law and provided for by an international treaty, ratified by the Verkhovna Rada of Ukraine.

Article 46. Civil procedural legal capacity

1. All individuals and legal entities shall have civil procedural rights and obligations of a party, third party, applicant, interested person (civil procedural capacity).

Article 47. Civil procedural dispositive legal capacity

1. Individuals who have reached the age of majority, as well as legal entities, shall have the ability to personally exercise civil procedural rights and perform their duties in court (civil procedural dispositive legal capacity).

2. Minors between the ages of fourteen and eighteen, as well as persons with limited civil dispositive capacity, may personally exercise civil procedural rights and perform their duties in court in cases arising from the relationship in which they are personally involved, unless otherwise established by law. The court may involve in such cases a legal representative of a minor or a person whose civil dispositive capacity is limited.

3. In the case of registration of marriage of an individual who has not reached the age of majority, he/she shall acquire civil procedural dispositive capacity from the moment of marriage registration. A minor who has been granted full civil dispositive legal capacity under the procedure established by this Code shall also acquire civil procedural dispositive legal capacity.

Article 48. The parties

1. The plaintiff and the defendant shall be the parties to civil proceedings.

2. Individuals and legal entities, as well as the state may be the plaintiff and the defendant.

Article 49. Procedural rights and obligations of the parties

1. The parties shall enjoy the same procedural rights.

2. In addition to the rights and obligations specified in Article 43 of this Code:

1) a plaintiff shall have the right to withdraw a claim (all or part of the claims) and a defendant shall have the right to admit a claim (all or part of the claims) at any stage of a trial;

2) a plaintiff shall have the right to increase or decrease the scope of claims before the end of a preparatory meeting or before the first court hearing if a case is considered in accordance with the simplified action proceedings;

3) a defendant shall have the right to file a counter-claim within the time limits established by this Code.

3. Before the end of a preparatory meeting, a plaintiff shall have the right to change the subject or grounds of a claim by submitting a written application. In a case considered under the rules of the simplified action proceedings, a change in the subject or grounds of a claim shall be allowed no later than five days before the first court hearing in a case.

4. If a case is referred for retrial to the court of first instance, a change of subject, grounds of a claim shall not be allowed, except as provided for in this Article.

A change in the subject or grounds of a claim in a retrial shall be allowed within the period established by part 3 of this Article only if it is necessary to protect the rights of a plaintiff in connection with the changes in the factual circumstances of a case after the preparatory meeting, or after the beginning of the first court hearing of the original trial if the case was considered in accordance with the rules of the simplified action proceedings.

{Paragraph 2 of part 4 of Article 49 as amended by Law No. 2234-VIII of 07.12.2017}

5. In case of submission of any application provided for in clause 2 of part 2, 3 and 4 of this Article, evidence of sending a copy of such application and documents attached to it to other trial participants shall be submitted to the court. In case of failure to submit such evidence, the court shall not accept the relevant application for consideration and return it to an applicant, subject to statement in the judgment.

6. The court shall not accept the waiver of a claim, reduction of the size of claim, recognition of a claim by a defendant in a case, in which the person is represented by their legal representative, if their actions contradict the interests of a person they represent.

7. The parties may conclude a settlement agreement at any stage of the proceedings.

8. The applicant and interested persons in separate proceedings shall have the rights and obligations of the parties, except as provided in section IV of this Code.

Article 50. Participation of several plaintiffs or defendants in a case

1. A claim may be filed jointly by several plaintiffs or against several defendants. Each of the plaintiffs or defendants shall act in civil proceeding independently in relation to the other party.

2. Participation of several plaintiffs and (or) defendants in a case (joinder) shall be allowed if:

1) the subject of dispute is the joint rights or obligations of several plaintiffs or defendants;

2) the rights and obligations of several plaintiffs or defendants arose on the same grounds;

3) the subject of dispute are homogeneous rights and obligations.

Article 51. Involvement of a co-defendant in a case. Substitution of improper defendant

1. The court of first instance shall be authorised to involve a co-defendant at the plaintiff's request until the end of the preparatory proceedings, and before the first court hearing if a case is considered under the rules of the simplified action proceedings.

2. If a claim is filed not against a person who must defend an action, the court shall replace the original defendant with the appropriate defendant at the plaintiff's request without closing proceedings in a case before the end of the preparatory proceedings, and before the first court hearing if a case is considered under the rules of the simplified action proceedings.

3. After the expiration of a period specified in parts 1 and 2 of this Article, the court may involve a co-defendant in a case or replace the original defendant with the appropriate defendant only if a plaintiff proves that they did not know and could not know before filing a claim the basis for the involvement of such a co-defendant or the replacement of an improper defendant.

4. A ruling shall be delivered on the involvement of a co-defendant or replacement of an improper defendant. At a request of a new defendant or a co-defendant involved, a case shall begin from the start.

5. A defendant replaced by another defendant shall have the right to claim compensation for court costs incurred by them as a result of plaintiff's unjustified actions. The issue of distribution of court costs shall be resolved in a ruling to replace an improper defendant.

Article 52. The third parties who declare independent claims on the subject of a dispute

1. Third parties declaring independent claims on the subject of a dispute may intervene in a case before the end of the preparatory proceedings or before the first court hearing if a case is considered in the simplified action proceedings by filing a claim against one or more parties.

2. The court shall deliver a ruling on the acceptance of a statement of claim and the intervention of a third party into a case.

3. Third parties declaring independent claims on the subject of a dispute shall enjoy all the rights and bear all the obligations of a plaintiff.

4. After the third party declaring independent claims on the subject of a dispute intervenes in a case, a case shall begin from the start at the trial participant's request.

Article 53. The third parties who do not declare independent claims on the subject of a dispute

1. Third parties who do not declare independent claims on the subject of a dispute may intervene in a case on the part of a plaintiff or a defendant before the end of the preparatory proceedings or before the first court hearing if a case is considered in the simplified action proceedings, if the judgment may affect their rights or obligations towards one of the parties. They may also be involved in a case at a request of the case parties.

2. The National Agency on Corruption Prevention may join as a third party, making no separate claims with respect to the matter in dispute and acting on the side of the plaintiff, in cases when a head officer or employer takes or threatens to take negative measures of influence against a plaintiff (such as dismissal, forced resignation, disciplinary action, transfer, attestation, modification of working conditions, refusal to promote, salary cut, and so on) as a result of the plaintiff or a member of his/her family notifying of a violation of the Law of Ukraine “On Prevention of Corruption” by another person.

3. If the court when resolving an issue on the commencement of proceedings or when preparing a case for consideration establishes that the judgment may affect the rights and obligations of the persons who are not trial participants, the court shall involve such persons in a case as third parties who do not declare independent claims on the subject of a dispute.

4. Applications for the involvement of third parties and applications of third parties for interference in a case on the part of a plaintiff or a defendant shall indicate grounds, on which the third parties should be involved in a case.

5. The court shall deliver a ruling on the involvement of third parties in a case, in which it specifies the rights or obligations of such person and how the court's ruling in a case may be affected.

5. Third parties who do not declare independent claims shall have the procedural rights and obligations established by Article 43 of this Code.

7. The interference in a case of a third party who does not declare independent claims on the subject of a dispute shall not entail consideration of a case at the beginning.

Article 54. Consequences of non-involvement in a case of a third party who does not declare independent claims on the subject of a dispute

1. If as a result of a court ruling a party may acquire a right in relation to a third party or a third party may file claims against a party, such party shall notify that person of the proceedings commencement and submit to the court an application for their participation in a case as a third party who does not declare independent claims on the subject of a dispute. Such an application must be accompanied by evidence that a copy of it has been sent to the person, on the involvement of whom as a third party an application was filed.

2. If a case is considered without notification of a third party on the consideration of a case, the circumstances of a case established by a judgment shall not have any legal consequences when considering a claim filed by a party involved in this case, against this third party, or a claim declared by that third party to such a party.

Article 55. Procedural succession

1. In case of death of an individual, liquidation of a legal entity, replacement of a creditor or debtor in an obligation, as well as in other cases of replacement of a person in a disputed relationship, the court shall involve the successor of the relevant party or third party in any stage of the trial.

2. All actions committed in the civil proceedings before the successor intervenes shall be binding on them in the same way they were binding on the person whom the successor substituted.

Article 56. Participation in the proceedings of bodies and persons who by law have the right to apply to the court on behalf of others

1. In cases established by law, state authorities, local governments, individuals and legal entities may apply to the court to protect the rights, freedoms and interests of other individuals, as well as the state or public interests and participate in these cases. Upon that, state authorities and local governments shall provide the court with documents confirming the existence of grounds provided for by law for applying to the court in the interests of other persons.

2. In order to protect the rights and freedoms of a human and a citizen in cases established by law, the Authorised Human Rights Representative of the Verkhovna Rada of Ukraine may personally or through his/her representative apply to the court with a claim (application), to participate in proceedings on his/her claims (applications), as well as at any stage of consideration to intervene in a case where the proceedings are opened on claims (applications) of other persons, to file an appeal, cassation petition, application for review of a judgment on newly discovered or exceptional circumstances, including in the case, where the proceedings are opened on claims (applications) of other person. Upon that, the Authorised Human Rights Representative of the Verkhovna Rada of Ukraine must substantiate before the court the person's inability to independently protect his/her interests. Failure of the Authorised Human Rights Representative of the Verkhovna Rada of Ukraine to comply with the requirements for providing this substantiation shall result in the provisions provided for in Article 185 of this Code to be applied.

3. In cases specified by law, a prosecutor shall apply to the court with a statement of claim, participate in the consideration of cases on their claims, as well as may intervene on their own initiative in a case, in which the proceedings have been initiated upon a claim of another person, before the consideration of a case on the merits, shall file an appeal, cassation petition, application for review of a judgment due to newly-discovered or exceptional circumstances.

4. A prosecutor who refers to the court on behalf of the state shall substantiate in a statement of claim or other statement, or the petition the violation of the state interests, the need to protect them, the grounds for referral of a prosecutor to the court, as well as shall specify the body authorised by the state to exercise relevant functions in disputed legal relations. Failure to comply with these requirements shall result in the application of the provisions of article 185 of this Code.

5. In case of initiating proceedings in accordance with a statement of claim of a person who is granted by law the right to refer to the court on behalf of other persons (except for a prosecutor), a person on behalf of whom the claim is filed shall acquire the status of plaintiff.

In case of initiating proceedings in accordance with a statement of claim filed by a prosecutor on behalf of the state in the person of a body authorised to exercise the functions of the state in disputed legal relations, the stated body shall acquire the status of plaintiff. In case of absence of such a body or if he/she is not entitled to refer to the court, the prosecutor shall state this in the statement of claim and acquire the status of a plaintiff.

6. State authorities and local governments may be involved by the court in the case or participate in the case on their own initiative to submit opinions on the exercise of their powers. Participation of these authorities in the trial for the submission of opinions into the case shall be mandatory in cases established by law, or if the court deems it necessary.

7. In order to protect the rights of the whistle-blower established by the Law of Ukraine “On Prevention of Corruption”, the The National Agency on Corruption Prevention may file a statement of claim (lawsuit) to the court in the interests of the whistle-blower, participate in proceedings on such statements of claim (lawsuits), as well as at any stage of consideration to intervene in a case in which proceedings are opened on statements of claim (lawsuit) of whistle-blowers, to file an appeal, cassation petition, application for review of a judgment on newly-discovered or exceptional circumstances, including in a case in which proceedings opened on the statement of claim (lawsuit) of the whistle-blower.

{Article 56 has been supplemented with part 7 under Law No. 198-IX of 17.10.2019}

Article 57. Procedural rights of bodies and persons who by law have the right to refer to the court on behalf of other persons

1. Authorities and other persons who have applied to the court in the interests of other persons under Article 56 of this Code shall have the procedural rights and obligations of the person in whose interests they act, except for the right to make a settlement agreement.

2. Refusal of the authorities and other persons, who under Article 56 of this Code appealed to the court in the interests of other persons, from their application or a change of claims shall not deprive the person of the right to demand consideration of the case and resolution of the claim in the original amount, with this person being subject to the application filed to protect his/her rights, freedoms and interests.

3. If a person who has civil procedural dispositive legal capacity and in whose interests the application is filed does not support the stated claims, the court shall leave the application without consideration.

5. Refusal of a body authorised to exercise the relevant functions in the disputed legal relationship from a statement of claim (lawsuit) filed by a prosecutor on behalf of the state, submission of an application to leave a claim without consideration shall not deprive a prosecutor of the right to support a statement of claim (lawsuit) and request consideration of a case on the merits.

5. The Prosecutor or the Authorised Human Rights Representative of the Verkhovna Rada of Ukraine in order to resolve the issue of grounds for initiating a review of judgments in a case considered without their participation, as well as of entering the case on the another person's statement of claim (lawsuit) shall have the right to review the case files and get copies therefrom.

6. State authorities and local governments involved in the case for submission of an opinion shall have the procedural rights and obligations established by Article 43 of this Code, as well as have the right to express their opinion on the merits of the case.

§ 2. Representatives

Article 58. Participation of a representative in a case

1. A party, a third party, as well as a person who by law has the right to refer to the court on behalf of the other person, may participate in the proceedings in person (self-representation) and (or) through a representative.

2. Personal participation in a person's case shall not deprive them of the right to have a representative in this case.

3. A legal entity, regardless of the procedure of its establishment, shall participate in a case through its head, member of executive body, other person authorised to act on its behalf under the law, statute, regulations, employment agreement (contract) (self-representation of a legal entity) or through a representative.

{Part 3 of Article 58 as revised by Law No. 390-IX of 18.12.2019}

4. The state, the Autonomous Republic of Crimea, the territorial community shall participate in a case through the relevant state authority, the authority of the Autonomous Republic of Crimea, the local government within its competence, on whose behalf its head or another authorised person acts under the law, statute, regulations, employment agreement (contract) (self-representation of a state authority, authority of the Autonomous Republic of Crimea, local government) or through a representative.

{Part 4 of Article 58 as revised by Law No. 390-IX of 18.12.2019}

Article 59. Legal representatives

1. The rights, freedoms and interests of minors under the age of fourteen, as well as incapable individuals shall be protected in court by their parents, adoptive parents, guardians or other persons specified by law.

2. The rights, freedoms and interests of minors between the ages of fourteen and eighteen, as well as persons with limited civil capacity, may be protected in court by their parents, adoptive parents, guardians or other persons specified by law. The court may involve a minor or a person with limited civil dispositive legal capacity in such cases.

3. Legal representatives may entrust the case consideration in court to other persons.

Article 60. Persons who can be representatives

1. A lawyer or a legal representative may act as a representative in the court.

2. When considering disputes arising from labour relations, as well as cases in minor disputes (minor cases), the representative may be a person who has reached eighteen years, has civil procedural dispositive legal capacity, except for persons specified in Article 61 of this Code.

3. Bodies and other persons authorised by law to refer to the court on behalf of minors or juveniles or persons who have been declared incompetent or whose legal capacity is limited shall be represented in the court by their officials, except in cases when such bodies and persons are a party or a third party in a case.

4. The same person may simultaneously represent several plaintiffs or several defendants or several third parties on one side, given the absence of a conflict of interest between them.

Article 61. Persons who cannot be representatives

1. A person who participates in the case as a court secretary, expert, specialist, interpreter and witness or is an assistant judge who is hearing the case may not be a representative in court.

2. A person may not be a representative if he represents or has represented in this case another person whose interests in this case contradict the interests of their principal.

3. Judges, prosecutors, investigators, employees of operative-investigative units may not be representatives in court, except in cases when they act on behalf of the relevant body, which is a party or a third party in a case, or as legal representatives.

Article 62. Documents confirming the representatives' powers

1. The powers of representatives of the parties and other case parties must be confirmed by the following documents:

1) power-of-attorney of an individual or a legal entity;

2) a child's birth certificate or a judgment on appointment of a guardian, trustee or protector of the hereditary property.

2. A power-of-attorney of a legal entity shall be certified by a notary or by another person in cases specified by law.

If the petition for a power-of-attorney of an individual to conduct the case under consideration is approved, the court shall issue a ruling without going to the deliberation room, which shall be entered in the minutes of the court hearing, and the power-of-attorney or a copy hereof signed by the judge shall be attached to the case.

The power-of-attorney of an individual, on whose application the judgement to provide him/her with free secondary legal aid has been approved, may be certified by an official of the body (institution) that approved such a judgement.

3. A power-of-attorney on behalf of a legal entity shall be issued under the signature (electronic digital signature) of the official authorised under law and the constituent documents.

4. The powers of a lawyer as a representative shall be confirmed by a power-of-attorney or a warrant issued under the Law of Ukraine “On the Bar and Legal Practice”.

6. The conformity of the copy of the document confirming the representative's powers may be certified by the judge's signature.

6. The originals of the documents referred to in this Article, copies of them, certified by a judge, or copies of them, certified in the manner prescribed by law, shall be attached to the case files.

7. If the representative submits an application on the merits in electronic form, he/she may attach to it a power-of-attorney or a warrant in electronic form, signed by an electronic digital signature under the Regulation on the Unified Judicial Information and Telecommunication System.

8. If a representative submits an application, complaint, petition to the court, he/she shall attach a power-of-attorney or other document certifying his/her power, if the case does not confirm such power at the time of filing the relevant application, complaint, petition.

9. Powers-of-attorney or other documents confirming the representative's power and have been certified in other states must be legalised in the manner prescribed by law, unless otherwise provided by international treaties, ratified by the Verkhovna Rada of Ukraine.

Article 63. Appointment or replacement of a legal representative by a court

1. If a party or a third party declared incapable or limited in civil dispositive legal capacity, does not have a legal representative, the court shall appoint by a ruling the guardian or trustee upon recommendation of the guardianship authority and involve them in the case as legal representatives.

2. If during the consideration of the case it is established that a minor or juvenile deprived of parental care does not have a legal representative, the court shall establish guardianship or trusteeship over him/her upon recommendation of the guardianship authority, and appoint a guardian or trustee and involve them in case as legal representatives.

3. If the legal representative is not authorised to conduct the case in court on the grounds established by law, the court shall replace the legal representative upon recommendation of the guardianship authority.

4. The court may appoint or replace a legal representative at the request of a minor or juvenile, if it is in his/her best interests.

5. Dismissal of a guardian or trustee if appointed they have been by a court and appointment of other persons by them shall be carried out under the procedure established by part 2 of Article 300 of this Code.

Article 64. Powers of a representative in court

1. A representative empowered to conduct a case in court shall exercise, on behalf of the person he represents, his/her procedural rights and obligations.

2. Restrictions on the representative's powers to perform a certain procedural action must be provided for in the power-of-attorney or warrant issued to him.

3. The grounds and procedure for termination of representation by power-of-attorney shall be determined by the Civil Code of Ukraine.

4. It is required to notify the court by submitting a written application on the termination of representation or limitation of the representative's powers by power-of-attorney.

5. If the representative's powers to represent the person in the case are terminated, the representative may not be in the same case a representative of another party, a third party on the other party or a third party with independent claims on the subject matter of the dispute.

§ 3. Other trial participants

Article 65. Other trial participants

1. In addition to case parties and their representatives, the trial participants shall be as follows: assistant judge, secretary of the court hearing, court administrator, witness, expert, legal expert, interpreter, specialist.

Article 66. The assistant judge

1. The assistant judge shall ensure the preparation and organisational support of the trial.

2. The assistant judge shall:

1) participate in the registration of court cases, on behalf of the judge prepares drafts of inquiries, letters, other materials related to the consideration of a particular case, executive documents;

2) draw up copies of judgments to be sent to the case parties and other case participants under the requirements of procedural law, control the timeliness of sending copies of judgments;

3) execute other instructions of the judge related to the organisation of judicial proceedings.

3. An assistant judge may, on behalf of a judge (presiding judge), in the absence of the secretary of the court hearing, exercise his/her powers. In the exercise of such powers, the assistant judge may be lodged a recusal due to the grounds provided for in this Code to recuse the secretary of the court.

Article 67. Court clerk

1. A court clerk shall:

1) issue court summons and notifications;

2) check the trail participants appeared for court hearing, the participants who take part in a court hearing by a videoconference, and shall report to the presiding judge;

3) provide control over the complete recording of the court hearing by technical means and the conduct of the court hearing by videoconference;

4) ensure keeping of the court hearing minutes;

5) provide registration of case files;

6) execute other instructions of the presiding judge related to the case consideration.

2. The secretary of the court hearing may clarify the essence of the procedural action in order to properly reflect it in the court hearing minutes.

3. The secretary of the court hearing shall act as a court administrator if the latter is absent.

Article 68. Сourt administrator

1. The court administrator shall:

1) ensure the proper condition of the courtroom and invites the trial participants;

2) determine the possible number of persons who may be present in the courtroom, taking into account the number of seats and ensuring discipline during the court hearing;

3) announce the entrance and leave of the court from the courtroom and invite all present to stand up;

4) monitor the observance of discipline by the persons present in the courtroom;

5) execute the presiding judge's order to administer an oath by interpreter or expert;

6) receive documents and other materials from the trial participants present in the courtroom and submit them to the court, during the court hearing;

7) invite witnesses to the courtroom and follow the presiding judge's instructions to bring them to the oath;

8) execute other presiding judge's instructions, related to the creation of conditions necessary for the case consideration.

2. The court administrator's requirements related to the performance of the duties specified in Part 1 of this Article shall be binding upon the trial participants and other persons present in the courtroom.

3. Complaints against the actions or omissions of the court administrator shall be considered by the court in the same process.

Article 69. Witness

1. Any person who is aware of any circumstances relating to the case may be a witness.

2. A witness shall appear in court upon his/her summons at a certain time and give truthful testimony about the circumstances known to him/her. If the case parties do not have any objections, the witness may participate in the hearing by videoconference. The court may allow a witness to attend the hearing by videoconference, regardless of the objections of the parties, if the witness is unable to appear in court due to illness, old age, disability or other valid reasons.

3. In case of impossibility to appear in court and participate in the court hearing by videoconference at the summons of the court, the witness shall inform the court in advance.

4. A witness shall have the right to testify in his/her native language or in the language he/she speaks, to use written records, to refuse to testify in cases established by law, as well as to obtain compensation for the costs associated with a summons.

Article 70. Persons who cannot be interrogated as witnesses

1. The following persons may not be interrogated as witnesses:

1) incapable individuals, as well as persons who are registered or treated in a psychiatric medical facility and are not able due to their physical or mental disabilities to correctly perceive the circumstances relevant to the case or to testify;

2) persons who are obliged by law to keep secret information that was entrusted to them due to provision of professional legal aid or mediation services during the out-of-court settlement of the dispute, about such information;

3) clergy, about the information received by them at the confession of believers;

4) judges and jurors, about the circumstances of discussion in the deliberation room of issues that arose during the judgment, or about the information that became known to the judge during the dispute settlement with his/her participation;

5) other persons who cannot be interrogated as witnesses in accordance with the law or an international treaty, ratified by the Verkhovna Rada of Ukraine, without their consent.

2. Persons with diplomatic immunity may not be interrogated as witnesses without their consent, and representatives of diplomatic missions may not be interrogated without the diplomatic representative's consent.

Article 71. Witness's refusal to testify

1. An individual shall have no right to refuse to testify, except for testimony about himself or herself, family members or close relatives (husband, wife, father, mother, stepfather, stepmother, son, daughter, stepson, stepdaughter, brother, sister, grandfather, grandmother, grandson, granddaughter, adoptive parent or adopted child, guardian or trustee, a person under guardianship or trusteeship, a family member or a close relative of these persons), who may be legally liable for him/her or such family members or close relatives.

2. A person who refuses to testify shall be obliged to state the reasons for the refusal.

Article 72. Expert

1. A person who has the special knowledge necessary to clarify the relevant circumstances of the case may be an expert.

2. The expert may be appointed by a court or involved by a case party.

3. The expert shall give a reasoned and objective written opinion on the questions posed to him/her.

4. The expert shall appear in court upon his/her summons and explain his/her conclusion and answer the questions of the court and the case parties. If the case parties do not have any objections, the expert may participate in the hearing by video conference.

5. The expert shall have no right to delegate the expert examination to another person.

6. The expert shall have the right to:

1) get acquainted with the case files;

2) apply for additional files and samples, if the expert examination is appointed by the court;

3) state in the expert examination conclusion the facts revealed during its conduct, which are relevant to the case and about which he/she was not interrogated;

4) be present during the performance of procedural actions related to the subject matter and objects of examination;

5) file a petition for interrogating the case parties and witnesses, for the purposes of expert examination;

6) enjoy other rights provided for by the Law of Ukraine “On Forensic Examination”.

7. The expert shall have the right to get paid for the works performed, as well as to obtain compensation for the costs related to the expert examination and summons to court.

8. An expert appointed by the court may refuse to provide an opinion if the files provided at his/her request are insufficient to perform his/her duties. The statement of refusal shall be motivated.

Article 73. The legal expert

1. A person with a scientific degree and a recognised specialist in the field of law may be involved as a legal expert. The judgment to admit a legal expert to participate in the case and attach his/her opinion to the case-file shall be made by the court.

2. The legal expert shall appear in court upon his/her summons, answer questions asked by the court, and provide clarifications. If the case parties do not have any objections, the legal expert may participate in the hearing by videoconference.

3. A legal expert shall have the right to know the purpose of his/her summons, to refuse to take part in the trial if he/she does not have the relevant knowledge, as well as the right to get paid for services and obtain compensation for the costs related to the summons.

Article 74. Specialist

1. A specialist shall mean a person who has special knowledge and skills necessary for the use of technical means, and shall be appointed by the court to provide advice and technical assistance in performing procedural actions related to the use of such technical means (photography, drawing up plans, plans, drawings, sampling for expert examination, etc.).

2. The help and advice of a specialist shall not replace the expert conclusion.

3. The specialist shall appear in court upon his/her summons, to answer the questions asked by the court, to provide consultations and clarifications, if necessary to provide the court with other technical assistance. If the case parties do not have any objections, the specialist may participate in the hearing by videoconference.

4. The specialist shall have the right to know the purpose of his/her summons to court, to refuse to participate in the trial if he/she does not have the appropriate knowledge and skills, to draw the court's attention to the characteristic circumstances or features of evidence, as well as the right to remuneration and compensation for the costs related to the summons.

Article 75. Interpreter/translator

1. The interpreter shall mean a person who is fluent in the language of civil proceedings and another language which is necessary for interpretation or translation from one language to another, as well as a person who is qualified to communicate with the deaf, dumb or deaf-and-dumb.

2. The interpreter shall be allowed by a court ruling upon the case party's application or shall be appointed at the court initiative.

The participation of an interpreter who is qualified to communicate with the deaf, dumb or deaf-and-dumb is mandatory in the cases, where one of the participants is a person with a hearing impairment. The qualification of such an interpreter shall be confirmed by the relevant document issued in the manner prescribed by law.

3. The interpreter shall appear in court upon his/her summons, to provide a complete and accurate interpretation, to certify the correctness of the interpretation with his/her signature on the procedural documents served on the parties in a translated version into their native language or the language they speak. If the case parties do not have any objections, the interpreter may participate in the hearing by videoconference.

4. The interpreter shall have the right to ask questions in order to clarify the interpreted material, to refuse to participate in civil proceedings if he/she does not have sufficient knowledge of the language required for interpretation, as well as to get paid for the works performed and to obtain the compensation for the costs of summons.

Chapter 5. Evidence and proving

§ 1. Main provisions on evidence

Article 76. Evidence

1. Evidence shall mean any data used by the court to establish the presence or absence of circumstances (facts) that substantiate the claims and objections of the case parties, and other circumstances that are relevant to the case.

2. These data shall be established by the following means:

1) written, physical and electronic evidence;

2) expert conclusions;

3) testimony of witnesses.

Specific aspects for determining damage caused as a result of withdrawal of a bank from the market or liquidation of a bank on the basis of illegal (unlawful) individual acts of the National Bank of Ukraine, Deposit Guarantee Fund, Ministry of Finance of Ukraine, National Commission on Securities and Stock Market, decisions of the Cabinet of Ministers of Ukraine, which on the date of adoption of such individual acts or decisions, respectively, had the status of participants of such bank, shall be determined by the Law of Ukraine “On Banks and Banking” and the Law of Ukraine “On the Individual Deposit Guarantee System”.

{Part 2 of Article 76 has been supplemented with paragraph 5 under Law No. 590-IX of 13.05.2020}

Article 77. Adequacy of evidence

1. Evidence containing information on the subject of proof shall be proper.

2. The subject of proof shall be the circumstances confirming the stated claims or objections or having other significance for the consideration of the case and being subject to establishment when approving a judgment.

3. The parties shall have the right to substantiate the properness of specific evidence to support their claims or objections.

4. The court shall not consider evidence that does not relate to the subject of proof.

Article 78. Admissibility of evidence

1. The court does shall take into account evidence obtained in violation of the procedure established by law.

2. The case circumstances, which by law must be confirmed by certain means of proof, may not be confirmed by other means of proof.

Article 79. Reliability of evidence

1. The reliable evidence shall mean the evidence allowing to establish the true case circumstances.

Article 80. Sufficiency of evidence

1. Sufficient evidence shall mean evidence which in its entirety allow to conclude on the presence or absence of the case circumstances, which are part of the proof subject.

2. The issue on the sufficiency of evidence for establishing the circumstances relevant to the case shall be addressed in accordance with its internal convictions.

Article 81. The burden of proof and presenting evidence

1. Each party shall prove the circumstances, to which it refers as the basis of its claims or objections, except as provided for by this Code.

2. In cases on discrimination, the plaintiff shall provide the actual data confirming that the discrimination has taken place. If such data have been provided, proof of their absence shall be entrusted to the defendant.

In cases on recognition of assets as unfounded and on cases of their recovery in state revenue, the plaintiff shall provide actual data in the claim confirming the relationship of assets with a person authorised to perform the functions of state or local government, and their invalidity, that is the difference between the value of such assets and the legal income of such person, as defined in part 2 of Article 290 of this Code. If the court finds that these facts are sufficiently proven, by virtue of the evidence submitted by the plaintiff, the refutation of the fact that the assets are unfounded shall be entrusted to the defendant.

{Part 2 of Article 81 has been supplemented with paragraph 2 under Law No. 263-IX of 31.10.2019}

3. In cases related to application by the director or employer or threat of application of negative influence measures to the plaintiff (dismissal, coercion to dismissal, disciplinary action, transfer, certification, change of working conditions, refusal to appoint to a higher position, reduction of salary etc.) due to informing them or their relatives about possible facts of corruption or corruption-related offences, other violations of the Law of Ukraine “On Prevention of Corruption” by another person, the obligation to prove that the judgments approved and actions taken are lawful and were not motivated by the actions of the plaintiff or their relatives to implement this notification, shall be entrusted to the defendant.

{Part 3 of Article 81 as revised by Law No. 198-IX of 17.10.2019}

4. In the event that a case party refers to the failure of another party to take certain actions or the absence of a certain event, the court may oblige such other case party to provide relevant evidence of the commission of these actions or the existence of a certain event. In case of failure to provide such evidence, the court may recognise the circumstance of failure to take appropriate action or the absence of the event as established.

5. Evidence shall be submitted by the parties and other case parties.

6. Proof may not be based on assumptions.

7. The court may not collect evidence relating to the dispute subject matter on its own initiative, except for the demand of evidence by the court if it has any doubts about the conscientious exercise by the case parties of their procedural rights or performance of duties on evidence, as well as other cases provided for by this Code.

Article 82. Grounds for exemption from proof

1. Circumstances recognised by the case parties shall not be subject to proof if the court has no reasonable doubt as to the authenticity of these circumstances or the voluntariness of their recognition. Circumstances that are recognised by case parties shall be specified in the statements on the merits of the case, explanations of the case parties, their representatives.

2. Refusal to recognise the circumstances shall be accepted by the court if the refusing party proves that it has recognised these circumstances as a result of a material error, deception, violence, threat or serious circumstance, or that the circumstances were recognised as a result of malicious agreement of its representative with the other party. The court shall issue a ruling on accepting the party's refusal to recognise the circumstances. If the court accepts the party's refusal to recognise the circumstances, they shall be proved in the general procedure.

3. Circumstances recognised by the court as well-known shall not require proof.

4. Circumstances established by a judgment in a commercial, civil or administrative case that has entered into force shall not be proved in another case consideration involving the same persons or a person in respect of whom these circumstances have been established, unless otherwise provided for by law.

5. Circumstances established in respect of a certain person by a judgment in a commercial, civil or administrative case that has entered into force shall not be proved in another case consideration, but may be refuted in general procedure by a person who did not participate in the case where such circumstances were established.

6. The court verdict in criminal proceedings, the ruling to close the criminal proceedings and release the person from criminal liability or the court resolution in the case of an administrative offence, which have entered into force, shall be binding upon the court hearing the legal consequences of actions or omission of the person, in respect of which a verdict, ruling or court resolution has been passed, only in terms of the question whether these actions (omission) took place and whether they were committed by this person.

7. A legal assessment given by a court to a particular fact in another case shall not be binding upon the court.

8. Circumstances established by the arbitral award or international commercial arbitral award shall be subject to proof in general procedure when considering the case by the court.

Article 83. Submission of evidence

1. The parties and other case parties shall submit evidence in the case directly to the court.

2. The plaintiff or the persons who have been entitled to apply to court in the interests of other persons, shall submit evidence together with the statement of claim.

3. The defendant, the third party who does not make independent claims on the dispute subject matter, shall submit evidence to the court together with the submission of a defence or the third party's written explanations.

4. In case of failure to submit the evidence within the period established by law for objective reasons, the case party shall notify the court in writing and indicate the following: evidence that cannot be submitted; reasons for the failure to submit the evidence within the specified period; evidence confirming that the person has taken every possible actions aimed at obtaining the specified evidence.

5. If the reasons for failure to submit evidence by the case party within the period established by law are recognised as valid, the court may set an additional term for the submission of such evidence.

6. In case the court accepts the party's refusal to recognise the circumstances, the court may set a period for the submission of evidence in respect of such circumstances.

7. If with the change of the claim subject or grounds or the counter-claim filing, the circumstances to be proved have changed, the court shall, depending on such circumstances, set a period for the submission of additional evidence.

8. Evidence not submitted within the period established by law or by the court shall not be accepted for consideration by the court, unless the person submitting it has justified the impossibility of submitting it within the specified period for reasons beyond its control.

9. Copies of evidence (except for physical evidence) submitted to the court shall be sent in advance or provided by the person submitting them to other case parties. The court shall not take into account the relevant evidence if the fact of sending (providing) of their copies to other case parties has not been confirmed, unless such evidence is available to the relevant case party or the amount of evidence is excessive, or they are submitted to the court electronically or are publicly available.

10. Evidence that is not attached to the statement of claim or to its defence, unless otherwise provided for by this Code, shall be submitted through the court office, using the Unified Judicial Information and Telecommunication System or in court hearing with a request to join them to the case files.

11. In the case of filing a statement that the document attached to the case or submitted to the court by the party for examination raises doubts about its authenticity or is forged, the person who submitted the document may ask the court to exclude it from the list of evidence before the end of preparatory hearing, and request to consider the case based on other evidence.

Article 84. Request for evidence

1. If it is impossible to provide evidence independently, a case party shall have the right to file a petition to request for evidence by the court. Such a petition must be filed within the period specified in parts two and three of Article 83 of this Code. If such a petition is filed with a delay, the court shall dismiss it, unless the person filing it justifies the impossibility of filing it within the set period for reasons beyond its control.

2. The petition shall contain the following:

1) the evidence requested;

2) the circumstances that can be confirmed with this evidence, or arguments that can be refuted by it;

3) the grounds explaining the fact that the relevant person has this evidence;

4) the measures taken by the person submitting the petition to obtain this evidence independently, the evidence of taking such measures and (or) the reasons for the impossibility of obtaining this evidence independently.

3. In case of satisfaction of the petition the court by the ruling shall request for the relevant evidence.

4. The court may also request evidence before filing a statement of claim as a measure to secure evidence under the procedure established by Articles 116–118 of this Code.

5. The court may authorise the interested party to obtain such evidence.

6. Any person who has evidence shall provide it at the court's demand.

7. Persons who do not have the opportunity to submit evidence required by the court, or do not have the opportunity to submit such evidence within the set period, shall notify the court, stating the reasons within five days from the date of service of the ruling.

8. In case of failure to notify the court of the impossibility to submit evidence required by the court, as well as for failure to submit such evidence for excuse deemed unreasonable by the court, the court shall apply to the person concerned procedural coercive measures provided for by this Code.

9. Bringing the perpetrators to justice shall not release them from the obligation to submit the evidence required by the court.

10. If the party fails to submit evidence required by the court for unreasonable excuse or without giving reasons, the court may, depending on the person who evades their submission and the significance of this evidence, either recognise the circumstance that required the evidence, or refuse to admit it, or may consider the case based on the available evidence; and in case the plaintiff fails to provide such evidence, the court may also leave the statement of claim without consideration.

11. In cases provided for by law, the General Court of Appeal may demand evidence at the location of the evidence at the request of an arbitration court or international commercial arbitration or at the request of a party (participant) to arbitration proceedings with the consent of the arbitration court or international commercial arbitration regarding the case considered by the arbitration court (international commercial arbitration), in the manner prescribed by this Article.

If the relevant application has been satisfied, the court may order the person from whom such evidence is requested to provide such evidence directly to the arbitration court or international commercial arbitration or the party on whose application such evidence is required, for further submission to the arbitration court (international commercial arbitration).

In the ruling to request for evidence the court shall decide on the issue of providing or prepaying the costs of persons associated with the submission of relevant evidence.

Article 85. Examination of evidence at their location

1. Written, physical and electronic evidence that cannot be brought to court shall be examined at their location.

2. The case parties shall be notified of the date, time and place of examination of the evidence at their location. The absence of these persons shall not constitute an obstacle to the examination.

3. If necessary, including at the request of a case party to participate in the examination of evidence at their location, witnesses, interpreters, experts, specialists may be involved, as well as photography, sound and video recording may be authorised.

4. A report shall be drawn up on the examination of evidence at their location, to be signed by all persons participating in the examination. All plans, drawings, copies of documents drawn up or verified during the on-site inspection, as well as photographs, electronic copies of evidence, video recordings, etc. made during the inspection shall be attached to the protocol together with the description.

5. If the examination is carried out in the absence of at least one of the parties, as well as in other cases when the court deems it necessary, the court shall provide video recording of the examination by technical means.

6. Persons involved in the examination of evidence at their location shall have the right to draw the court's attention to a circumstance that, in their opinion, is important for a full examination, to establish the circumstances relevant to the case, as well as to make their comments on the examination protocol.

7. Under the procedure provided for in this Article, the court may, at the request of a case party or on its own initiative, examine the website (page), other places of data storage on the Internet, in order to establish and record the content thereof. If necessary, the court may engage a specialist to conduct such an examination.

8. The court may appoint an expert examination to establish and record the content of the website (page), other places of data storage on the Internet, provided that this requires special knowledge and cannot be carried out by the court alone or with the involvement of a specialist.

9. In cases provided for by law, the General Court of Appeal at the location of evidence may examine the evidence at their location at the request of the arbitration court or international commercial arbitration or at the request of a party (participant) to arbitration proceedings with the consent of the arbitration court (international commercial arbitration) in the case considered by an arbitration court or international commercial arbitration in the manner prescribed by this Article.

If the relevant application is satisfied, the court shall send the examination report directly to the arbitration court (international commercial arbitration) or to the party on whose application such examination was conducted, for further submission to the arbitration court (international commercial arbitration).

In the ruling on the examination of evidence at their location, the court shall decide on the issue of providing or prepaying the costs of persons associated with such examination.

Article 86. Examination of perishable physical evidence

1. Perishable physical evidence shall be immediately examined by a court with a notification on the scheduled examination of the case parties. The absence of these persons shall not preclude the examination of physical evidence.

2. If necessary, including at the request of a case party, the witnesses, interpreters, experts, specialists may be involved in the review of perishable material evidence, as well as photography and video recording may be authorised.

3. Examination of perishable material evidence at their location shall be carried out under the procedure established by article 85 of this Code, taking into account the peculiarities specified in this Article.

4. After inspection, this physical evidence shall be returned to the persons who provided it.

Article 87. Court orders to collect evidence

1. The court hearing the case or the application for the provision of evidence, in the event of the need to collect evidence outside its territorial jurisdiction, shall instruct the relevant court to take certain procedural actions.

2. The ruling on the court order shall briefly state the essence of the case under consideration, indicate the persons involved in it, the circumstances to be clarified, the evidence to be collected by the court executing the order, in particular the list of questions to the witness asked by the parties and the court.

Article 88. Enforcement of court orders to collect evidence

1. A ruling on a court order shall be immediately executed by the court to which it is addressed, under the rules of this Code, establishing procedure for taking the relevant procedural actions.

2. A ruling on the enforcement or impossibility to enforce the court order for objective reasons shall be enforced and attached to the procedural actions protocols and all materials collected for the court order enforcement, and shall be then immediately sent to the court considering the case.

3. If it is necessary to enforce court orders to collect evidence, it shall be carried out in a court hearing under the procedure established by this Code. The case parties shall be notified of the date, time and place of the procedural action by the court enforcing the order, but their absence shall not be an obstacle to the order enforcement.

Article 89. Evaluation of evidence

1. The Court shall evaluate the evidence on the basis of its internal conviction, based on a comprehensive, complete, objective and direct examination of the case evidence.

2. No evidence shall have the preliminary determined force to the court. The court shall evaluate the relevance, admissibility, reliability of each piece of evidence, as well as the sufficiency and interrelationship of the evidence as a whole.

3. The court shall evaluate both the evidence collected in the case as a whole and each piece of evidence (group of identical evidence) contained in the case, motivate the rejection or consideration of each piece of evidence (group of evidence).

4. In cases of declaring assets as unfounded and recovering them to the state revenues, the court shall render a judgment in favour of the party whose evidence is more convincing than the other party's evidence.

{Article 89 has been supplemented with part 4 under Law No. 263-IX of 31.10.2019}

§ 2. Testimony of witnesses

Article 90. Testimony of a witness

1. The testimony of a witness shall mean a statement of circumstances relevant to the case, he/she is aware of. If a witness cannot disclose the sources of his knowledge of a particular circumstance, this shall not be construed as a testimony of a witness.

2. If the testimony of a witness is based on the statements of other persons, those persons shall also be interrogated. If it is not possible to interrogate the person who provided the initial notification, testimony from other people's words may not be admissible evidence of the fact or circumstances to which they are provided, unless the testimony is confirmed by other evidence deemed admissible under the rules of this Code.

Article 91. Witness summons

1. A witness shall be summoned upon the case party's application.

2. The witness summons shall indicate his/her name, place of residence (stay) or place of work, circumstances which he/she may confirm.

3. The witness summons shall be filed before or during the preparatory court hearing, and if the case is considered in a simplified action procedure, it shall be filed before the beginning of the first court hearing in the case.

4. In a ruling to open proceedings or in another ruling by which the court decides on the summoning of a witness, the court shall warn the witness of criminal responsibility for knowingly false testimony or refusal to testify at the request of the court.

Article 92. Explanation of the parties, third parties and their representatives

1. Parties, third parties and their representatives may, with their consent and on their own initiative, unless otherwise provided by this Code, be interrogated as witnesses about circumstances known to them that are relevant to the case.

Article 93. Interrogatory of the case parties as witnesses

1. The case party shall have the right to ask in the first statement on the merits of the case, which he submits to the court, no more than ten questions to the other case party about the circumstances relevant to the case.

2. The party to the case, who is asked a question by the plaintiff, shall be obliged to provide a comprehensive answer to each question on the merits.

Questions to the case party, which is a legal entity, shall be answered by its head or another official on his/her behalf.

3. Answers to questions shall be submitted to the court by a case party, which is an individual, head or other official of a legal entity in the form of a witness statement not later than five days before the preparatory hearing, and in a case under simplified proceedings, these shall be submitted before the first court hearing.

A copy of such witness statement shall be sent to the case party who asked the questions in writing, within the same period.

4. The witness statement shall indicate the name (surname, name and patronymic), place of residence (stay) and place of work of the witness, postal code, taxpayer identification number (if any) or passport number and series, contact details and e-mail address (if any), answers to questions about the circumstances of the case known to the witness, sources of the witness's knowledge of these circumstances, as well as confirmation of the witness's knowledge of the content of the law on criminal responsibility for false testimony.

5. If the question is related to the provision of relevant evidence confirming the relevant circumstances, the case party together with the submission of the witness statement shall provide copies of the relevant written or electronic evidence.

6. The case party shall have the right to refuse to provide answers to the following questions:

1) on the grounds specified in Articles 70 and 71 of this Code;

2) if the question is not related to the circumstances relevant to the case;

3) if the case party asked more than ten questions.

7. If there are grounds for refusal to answer, the case party shall notify the other party and the court of the refusal within the period for answering the question. At the request of another case party, the court may declare the grounds for refusal absent and order the party to respond.

Article 94. Interrogation of a witness at the request of a party to the arbitration proceedings

1. At the request of the arbitration court or international commercial arbitration or at the request of a party (participant) of the arbitration proceedings, with the consent of the arbitration court (international commercial arbitration) the General Court of Appeal at the place of residence (stay) of the witness may interrogate on the circumstances known to it concerning the case considered by the arbitration court (international commercial arbitration), under the list of questions determined by the arbitration court (international commercial arbitration).

2. The parties (participants) of the arbitration proceedings may take part in the interrogation of a witness, ask him/her questions to clarify his/her answers.

3. In the ruling on witness summons, the court shall decide on the issue of providing or prepaying the costs of the witness related to his/her interrogation.

§ 3. Written evidence

Article 95. Written evidence

1. Written evidence shall mean documents (except for electronic documents) that contain information about the circumstances relevant to the proper dispute resolution.

2. Written evidence shall be submitted in the original or in a duly certified copy, unless otherwise provided for by this Code. If only a part of the document is relevant for resolving the dispute, a certified extract from it shall be submitted.

3. The case parties shall have the right to submit written evidence in electronic copies, certified by an electronic digital signature, equivalent to a handwritten signature under the law. An electronic copy of a written evidence shall not be considered as electronic proof.

4. Copies of documents shall be considered duly certified if they are certified in the manner prescribed by applicable law.

5. A party to the case who submits written evidence in copies (electronic copies) shall indicate that he/she or another person has the original written evidence.

The case party shall acknowledge the conformity of the copy of the written evidence from the original possessed by him/her, with his/her signature indicating the date of such certification.

6. If a copy (electronic copy) of the written evidence is submitted, the court may, at the case party's request or on its own initiative, demand from the relevant person the original written evidence. If the original written evidence is not submitted, and the case party or the court casts doubt on the conformity of the submitted copy (electronic copy) to the original, such evidence shall not be taken into account by the court.

7. Documents received by facsimile or other similar means of communication shall be accepted by the court for consideration as written evidence in cases and in the manner prescribed by law or contract.

8. A foreign official document subject to diplomatic or consular legalisation may be a written evidence if it is legalised in the prescribed manner. Foreign official documents shall be recognised as written evidence without their legalisation in cases provided by international treaties, ratified by the Verkhovna Rada of Ukraine.

Article 96. Return of originals of the written evidence

1. The originals of the written evidence shall be returned by the court at the petition of the persons who submitted it before the entry into force of the judgement, if this is possible without prejudice to the case consideration. A copy of the written evidence certified by a judge shall remain in the case.

§ 4. Physical evidence

Article 97. Physical evidence

1. Physical evidence shall refer to objects of the physical world, the existence, qualities, specifics, location and other features of which enable establishing of circumstances essential for a case.

Article 98. Storage of physical evidence

1. Physical evidence shall be stored in the case files or shall be handed over to the court evidence storage chamber before the entry into force of the judgment.

2. Material evidence that cannot be delivered to the court shall be stored at their location by a court ruling; they must be described in detail and sealed and, if necessary, photographed.

3. The court shall take measures to ensure the preservation of physical evidence in an unaltered state.

Article 99. Return of physical evidence

1. The evidence after examination and court investigation shall be returned to the persons who have provided it, if such persons have submitted the relevant petition and if it can be satisfied without prejudice to the case consideration.

2. Material evidence, which are objects that are withdrawn from civil circulation or of limited turnover, shall be transferred to the relevant enterprises, institutions or organisations. At the request of state expert institutions, such physical evidence may be transferred to them for use in expert and scientific work under the procedure established by the Cabinet of Ministers of Ukraine.

3. Evidence shall be returned to the persons who have provided it, or shall be transferred to the persons entitled to posses these things upon a court recognition, after the judgment is entered into force.

§ 5. Electronic evidence

Article 100. Electronic evidence

1. Electronic evidence shall mean the information in electronic (digital) form containing data on the circumstances relevant to the case, in particular, electronic documents (including text documents, graphics, plans, photographs, video and audio recordings, etc.), websites (pages), text, multimedia and voice messages, metadata, databases and other data in electronic form. Such data can be stored, in particular, on portable devices (memory cards, mobile phones, etc.), servers, backup systems, other places of data storage in electronic form (including the Internet).

2. Electronic evidence shall be submitted in the original or in an electronic copy certified by an electronic digital signature, equated to a handwritten signature under the Law of Ukraine “On Electronic Digital Signature”. The law may provide for a different procedure for certifying an electronic copy of an electronic evidence.

3. The case parties shall have the right to submit electronic evidence in paper copies, certified in the manner prescribed by law. A paper copy of an electronic evidence shall not be considered a written evidence.

4. A case party who submits a copy of the electronic evidence shall indicate that he/she or another person possesses the original electronic evidence.

5. If a copy (paper copy) of the electronic evidence is submitted, the court may, at the request of the case party or on its own initiative, demand the original electronic evidence from the relevant person. If the original electronic evidence is not submitted, and the case party or the court casts doubt on the conformity of the submitted copy (paper copy) to the original, such evidence shall not be taken into account by the court.

Article 101. Storage and return of originals of electronic evidence

1. Originals or copies of electronic evidence shall be stored in court in the case files.

2. At the request of the person who provided the court with the original electronic evidence on a physical storage medium, the court shall return such a physical storage media containing the original evidence to that person after examining the said electronic evidence, if this is possible without prejudice to the case, or after the judgment enters into force. A copy of the electronic evidence certified by the judge or an extract therefrom shall remain in the case files.

§ 6. Expert opinion

Article 102. Requirements for expert conclusion

1. The expert conclusion shall mean a detailed description of the research conducted by the expert, the resulting conclusions and substantiated experts' answers to the questions he/she was asked, drawn up in the manner prescribed by law.

2. The subject of the expert conclusion may be the study of the circumstances being part of the proof subject and the establishment of which requires the expert's special knowledge. Issues of law cannot be the subject of the expert conclusion.

3. The expert conclusion may be prepared at the request of the case party or by virtue of a court ruling on the appointment of an expert examination.

4. The expert conclusion shall be set out in writing and attached to the case.

5. The court shall have the right at the request of the case parties or on its own initiative to summon an expert to provide oral explanations on his/her opinion.

6. The expert conclusion shall indicate: when, where, by whom (name, education level, qualification, as well as a certificate of a forensic expert qualification (if any), experience of work as expert, scientific degree, academic title, position of expert), on what basis the expert examination was conducted, who were present during the expert examination, the questions that the expert was asked, and the materials the expert used. Other requirements for the expert conclusion may be established by law.

7. The expert conclusion shall stipulate that the expert was warned (is aware) of the responsibility for a knowingly false conclusion, as well as that the expert was warned (is aware) of the responsibility for refusing to perform his/her duties without good reason in the case if the court appoints the expert examination.

8. If the expert during the preparation of the conclusion establishes the circumstances relevant to the case, about which he/she was not interrogated, he/she shall have the right to supplement the conclusion with his/her views relating to these circumstances.

Article 103. Appointment of expert examination by the court

1. The court shall appoint an expert examination of the case under a set of the following conditions:

1) in order to clarify the circumstances relevant to the case, special knowledge in a field other than law is required, without which it is impossible to establish the relevant circumstances;

2) the parties (the party) have not provided the relevant expert conclusions on the same issues or the expert conclusions raise doubts about their correctness.

2. If necessary, the court may order several expert examinations, additional or repeated expert examination.

3. When the court appoints the expert examination, the expert or expert institution shall be elected by the parties by mutual consent, and if they fail to reach the mutual consent within the period set by the court, the expert or expert institution shall be determined by the court. The court, taking into account the circumstances of the case, shall have the right to determine the expert or expert institution independently. If necessary, several experts may be appointed to prepare one conclusion (single-discipline or multi-discipline expert examination).

4. The issues subject to the expert examination appointed by the court shall be determined by the court.

5. The case parties shall have the right to propose to the court questions which, in their opinion, shall be clarified by the expert conclusion. In case of rejection or change of the questions proposed by the case parties, the court shall motivate such rejection or change.

6. The questions posed to the expert and his conclusion thereon may not go beyond the expert's special knowledge.

7. The expert appointed by the court shall immediately inform the court of the impossibility to conduct the expert examination due to the lack of necessary knowledge or without the involvement of other experts.

Article 104. A ruling on the appointment of examination

1. Regarding the appointment of the examination the court shall issue a ruling stating the grounds for the examination, the questions on which the expert must provide the court with an opinion, the person (persons) entrusted with the conduct of expert examination, the list of materials provided for research and other data relevant data for examination.

2. If the court entrusts the expert examination to several experts or expert institutions, the court shall appoint a leading expert or expert institution in the ruling.

3. A ruling on the appointment of the expert examination shall be sent to the persons entrusted with the expert examination and to the case parties. The objects and materials to be examined shall be sent to the person entrusted with the expert examination (leading expert or expert institution).

4. If necessary, the court may hear an expert on the wording of the issue that needs to be clarified and, at his/her request, provide appropriate clarifications on the issues raised. The court shall inform the case parties about the commission of these actions, but their non-appearance shall not prevent the commission of these actions.

5. In the ruling to appoint an expert examination, the court shall warn the expert of criminal responsibility for a knowingly false conclusion and for refusal without the reasonable excuse to perform his/her duties.

6. In case of doubt as to the content and scope of the power-of-attorney, the expert appointed by the court shall immediately submit to the court a request for clarification or notify the court of the impossibility of conducting an expert examination of the raised issues.

Article 105. Mandatory court appointment of expert examination

1. The appointment of an expert examination by a court shall be obligatory in the case of a petition for the appointment of an expert examination by both parties. The appointment of an examination by a court shall be also mandatory at the request of at least one of the parties, if the case requires the establishment of the following:

1) the nature and degree of damage to health;

2) the mental condition of the person;

3) the age of the person, if there are no relevant documents and it is impossible to obtain them.

Article 106. Conducting an expert examination at the request of the case parties

1. A case party shall have the right to submit to the court an expert conclusion drawn up at his/her request.

2. The procedure for conducting the expert examination and drawing up the expert conclusions based on the results of the conducted expert examination shall be determined under the current legislation of Ukraine on conducting forensic expert examinations.

3. The expert conclusion based on the expert examination results, during which the object of examination, which is evidence in the case, was completely or partially destroyed, or its properties were changed, shall not replace the evidence itself and shall not be grounds for exemption from the burden of proof.

4. The expert conclusion based on the expert examination results, during which the object of examination was completely or partially destroyed or its properties changed, shall not be considered by the court, except in cases when the person submitting it proves the possibility of additional and repeated expert examination on the issues investigated in the expert conclusion.

5. The expert conclusion shall state that the conclusion has been prepared for submission to the court and that the expert is aware of the criminal responsibility for a knowingly false conclusion.

6. An expert who has drawn up a conclusion on the application of a case party shall have the same rights and obligations as an expert who carries out the expert examination on the basis of a court ruling.

7. Upon the case party's application on the existence of grounds for dismissal of the expert who prepared the conclusion on behalf of another person, such conclusion shall not be accepted by the court for consideration if the court recognises the existence of such grounds.

Article 107. Collection of materials for expert examination

1. The materials necessary for the expert examination shall be provided to the expert by the court, if the expert examination is appointed by the court, or by the case party, if the expert examination is carried out at his/her request. When appointing an expert examination, the court, taking into account the opinion of the case parties, shall determine exactly what materials are needed to conduct the expert examination. The court may also hear the experts appointed by court on the issue. Copies of the materials provided to the expert may remain in the case files.

2. The expert shall have no right on his/her own initiative to collect materials for the examination, to disclose information that became known to him/her in connection with the examination, or to inform anyone, except the court and the case party, upon whose request the examination was conducted, about its results.

The expert appointed by court shall not have the right to communicate with the trial participants outside the court hearing, except in cases of other actions directly related to the expert examination.

3. In determining the materials provided to the expert or expert institution, the court shall, if necessary, decide on requesting of the relevant materials under the rules provided for in this Code for the requesting for evidence.

4. In case the court revokes the ruling on the appointment of examination, the expert appointed by the court shall immediately return to the court the materials and other documents used for the expert examination.

Article 108. Execution of expert examination

1. The examination shall be executed in a court hearing or outside the court, if this is necessary due to the nature of the research, or if the object of research cannot be brought to court, or if the examination is ordered by a case party.

2. If the court has appointed an expert institution to conduct an examination, the head of such institution shall entrust the expert examination to one or more experts. These experts shall provide an opinion on their own behalf and shall be personally responsible for it.

3. The expert shall be liable for preservation of the examination object.

4. If the expert examination is related to the complete or partial destruction of examination object or change of its properties:

1) the expert appointed by the court shall obtain the relevant court permission, which is issued by a ruling;

2) the expert involved in the case shall inform the relevant party about the consequences of the expert examination provided for in this Code and obtain written permission to execute it.

Article 109. Consequences of evasion from participation in examination

1. In case of evasion of the case party from providing the experts with the necessary materials, documents or other participation in the examination, if it is impossible to conduct the examination without it, the court may recognise the fact that was subject to the expert examination or to refuse to recognise it, depending on who of these persons evades and the role of this expert examination to these persons.

Article 110. Evaluation of the expert conclusion by the court

1. An expert conclusion for a court shall not have the preliminary determined force and shall be evaluated by the court together with other evidence under the rules established by article 89 of this Code. The court's rejection of the expert conclusion must be motivated in the judgment.

Article 111. Single-discipline expert examination

1. Single-discipline examination shall be executed by at least two experts in the same field of knowledge.

2. If, according to the results of the conducted research, the opinions of the experts coincide, they shall sign a single conclusion. An expert who does not agree with the conclusion of another expert (experts) shall give a separate conclusion on all issues or on issues that have caused disagreement.

Article 112. Multi-discipline expert examination

1. Multi-discipline expert examination shall be executed by at least two experts from different fields of knowledge or different areas within one field of knowledge.

2. The expert's conclusion shall indicate the kinds of research executed and the scope of the research, what facts were established and what conclusions were reached. Each expert shall sign the part of the conclusion that contains a description of his/her research, and shall be responsible for it.

3. Based on the results of research, generalisation and evaluation of the results obtained by experts, a single conclusion shall be drawn up and signed, where a general conclusion shall be formulated on the issue or issues raised for examination. In case of disagreement between the experts, the conclusions shall be drawn up under part 2 of Article 111 of this Code.

Article 113. Additional and repeated expert examination

1. If the expert conclusion is found to be incomplete or unclear, the court may order an additional examination, which shall be entrusted to the same or another expert (experts).

2. If the expert's conclusion is found to be unfounded or contradicts other materials of the case or raises doubts about its correctness, the court may order a repeated examination, which shall be entrusted to another expert (experts).

§ 7. Expert conclusion in the field of law

Article 114. Contents of the expert conclusion in the field of law

1. The case parties shall have the right to submit to the court expert conclusion in the field of law on:

1) the application of analogy of statute or analogy of law;

2) the content of the foreign law norms in view of their official or generally accepted interpretation, practice and doctrine in the relevant foreign state.

2. The expert conclusion in the field of law may not contain an evaluation of the evidence, instructions on the reliability or unreliability of a particular piece of evidence, the advantages of some pieces of evidence over others, as well as what kind of judgment should be made based on the case.

Article 115. Evaluation of the expert conclusion in the field of law by the court

1. The expert conclusion in the field of law shall not mean evidence, but it shall be of an auxiliary (advisory) nature, not binding on the court.

2. The Court may, in its judgment, refer to the expert conclusion in the field of law as the source of the information contained therein and shall draw its own conclusions on the relevant issues.

§ 8. Securing of evidence

Article 116. Grounds and procedure for securing of evidence

1. At the case party's request or of a person who may acquire the status of plaintiff, the court shall provide evidence if there is reason to believe that the means of proof may be lost or that the collection or submission of relevant evidence will subsequently become impossible or difficult.

2. Ways of providing evidence by the court shall be the interrogation of witnesses, appointment of examination, requesting for and (or) examination of evidence, including at their location, prohibition to take certain actions on evidence and obligation to take certain actions on evidence. If necessary, the court may use other methods of securing evidence determined by the court.

3. An application for the provision of evidence may be filed with the court both before and after the filing of the statement of claim.

4. Provision of evidence prior to the filing of a statement of claim shall be carried out by the court of first instance at the location of the means of proof or at the place where the relevant procedural action must be performed. Provision of evidence after the filing of a statement of claim shall be carried out by the court hearing the case.

Provision of evidence in cases of unfounded assets and their recovery into state revenue shall be carried out by the Supreme Anti-Corruption Court at the request of the Prosecutor of the Specialised Anti-Corruption Prosecutor's Office, and also at the request of the Prosecutor General of Ukraine in cases provided for by law.

{Part 4 of Article 116 has been supplemented with paragraph 2 under Law No. 263-IX of 31.10.2019}

5. In case of filing an application for provision of evidence before filing a statement of claim, the applicant shall file a statement of claim within ten days from the date of the ruling on the provision of evidence. In case of failure to file a statement of claim within the specified period, return of the statement of claim or refusal to initiate proceedings, the court shall revoke the ruling on taking measures to provide evidence no later than the next day after expiration of such period or the if the court decides to return the statement of claim or refuse to initiate proceedings.

If a ruling on the provision of evidence at the time of its revocation was executed in whole or in part, the evidence obtained by the court (testimony of witnesses, expert conclusions, etc.) may be used in another case.

6. A person who has filed an application for the provision of evidence shall be obliged to reimburse the court costs, as well as damages caused in connection with the provision of evidence, in case of failure to file a statement of claim within the period specified in part 5 of this Article, as well as in case of rejection of the claim.

7. Upon the application of the international commercial arbitration, the arbitration court or the case party's application submitted to the international commercial arbitration or the arbitration court, the court may take measures on provision of evidence in the manner and on the grounds established by this Code.

8. An application for provision of evidence in a case submitted to international commercial arbitration, arbitration court, shall be submitted to the appellate court at the location of the debtor or evidence in respect of which the party requests provision measures, or the debtor's property, or at the place of arbitration.

Article 117. Application on provision of evidence

1. The application on provision of evidence shall stipulate:

1) name of the court where the application is filed;

2) full title (for legal entities) or name (surname, name and patronymic) (for individuals) of the applicant, his/her location (for legal entities) or place of residence or stay (for individuals), postal codes, identification code of the legal entity in the Unified State Register of Enterprises and Organisations of Ukraine taxpayer identification number (for individuals) (if any) or passport number and series for individuals who are citizens of Ukraine, contact details and e-mail address (if any);

3) full title (for legal entities) or name (surname, name and patronymic) (for individuals) of the other party (parties), if it is known to the applicant, as well as if the information identifying it is known: its location (for legal entities) or place of residence or stay (for individuals), postal codes, identification code of the legal entity in the Unified State Register of Enterprises and Organisations of Ukraine, taxpayer identification number (for individuals) (if any) or passport number and series for individuals who are citizens of Ukraine, contact details and e-mail addresses;

4) evidence, which are required to be provided, as well as the circumstances to be proved by these evidence;

5) substantiation of the need to provide evidence;

6) the manner by which the applicant asks the court to provide evidence, and if necessary the person who has the evidence;

7) a list of documents attached to the application.

2. The application shall be signed by the applicant or his/her representative. The application submitted by the applicant's representative shall be accompanied by a document confirming his/her powers.

3. A court fee in the amount established by law shall be paid for the submission of an application for the provision of evidence. The document confirming the payment of the court fee shall be attached to the application.

4. Having established that the application for provision of evidence was submitted in violation of the requirements of this Article, the court shall return it to the applicant and issue a ruling thereof.

5. A copy of the statement of claim submitted to the international commercial arbitration, the arbitration court, a document confirming the filing of such a statement of claim under the relevant regulations (rules) of arbitration, the arbitration court, as well as the copy of the relevant arbitration agreement or the agreement to transfer the dispute to arbitration shall be attached to the application for provision of evidence in the case delivered for determination by the international commercial arbitration, the arbitration court.

Article 118. Consideration of the application for provision of evidence

1. An application for the provision of evidence shall be considered in a court hearing in the general manner provided for by this Code, with regard to special provisions established by this Article.

2. The application shall be considered no longer than five days from the date of its receipt by the court.

3. The applicant and other persons who may obtain the status of case parties shall be notified of the date, time and place of the court hearing, but their absence shall not preclude consideration of the submitted application.

4. At the applicant's request, the court may provide evidence without notifying other persons who may obtain the status of case parties:

1) in urgent cases;

2) if it is impossible to establish who are or will become such persons;

3) if the notification of the other party may make it impossible or significantly obstruct obtaining the relevant evidence.

5. Based on the results of consideration of the application for securing evidence, the court shall issue a ruling to satisfy or dismiss the application.

6. If the application is satisfied, the court shall indicate in the ruling the evidence, as well as the actions that must be taken to ensure it.

7. An appeal against a ruling on the provision of evidence shall neither suspend its enforcement, nor shall it impede the consideration of the case.

8. When deciding on the provision of evidence, the court may order the applicant to provide compensation for damages that may be caused in connection with the provision of evidence. Such compensation shall be provided under the rules of counter-security provided for by chapter 10 of this Section. Damages caused by the provision of evidence shall be reimbursed in the manner prescribed by law, taking into account the provisions of Article 159 of this Code.

9. If, after taking procedural actions on provision of evidence, the statement of claim is filed with another court, the minutes and other materials on provision of evidence shall be sent to the court hearing the case.

10. Minutes and other materials on provision of evidence on the application submitted with regard to the filing of a claim to the international commercial arbitration, arbitration court, shall be provided to the applicant for submission to the international commercial arbitration, arbitration court.

11. The ruling on provision of evidence (except for provision of evidence by questioning witnesses, appointing an expert examination, reviewing evidence) shall constitute an enforcement document and shall be enforced immediately under the procedure established for the enforcement of judgments.

Article 119. Reimbursement of costs related to the provision of evidence

1. The costs related to the provision of evidence shall be reimbursed under the procedure established by this Code for reimbursement of court expenditures.

Chapter 6. Procedural period

Article 120. Types of procedural period

1. The period for performance of procedural actions shall be established by law, and if such period is not determined by law, it shall be established by the court.

Article 121. Reasonableness of procedural period

1. The court shall set reasonable period for implementing the procedural actions.

2. A period shall be reasonable if it provides for the sufficient time, taking into account the circumstances of the case, to implement the procedural action, and corresponds to the task of civil proceedings.

Article 122. Calculation of procedural period

1. The period established by law or by a court shall be calculated in years, months and days, and may also be determined by reference to an event that will inevitably occur.

Article 123. Beginning of procedural period

1. The procedural period shall begin on the day following the relevant calendar date or the occurrence of the event to which it begins.

Article 124. Expiration of procedural period

1. The period calculated in years shall end in the respective month and on the day of the last year in the period.

2. The period calculated in month shall end on the respective day of the last month of the period. If the expiration of the period calculated in months falls on a month without the respective day, the period shall expire on the last day of this month.

3. If the expiration of the period falls on a weekend, holiday or other non-working day, the last day of the period shall be the first working day after it.

4. The period, the expiration of which is associated with an event that must inevitably occur, shall end on the day after the event.

5. The last day of the period shall last up to 24 hours, but when during this period it was necessary to take procedural action in the court, where the working hours end earlier, the period shall ends at the end of this time.

6. The period shall not be considered missed if before its expiration the application, complaint, other documents or materials or funds have been submitted by mail or transferred by other appropriate means of communication.

Article 125. Suspension of procedural period

1. Suspension of proceedings in the case shall suspend the course of procedural period.

2. From the day of resumption of proceedings the course of procedural period shall continue.

Article 126. Consequences of missing procedural period

1. The right to perform a procedural action shall be lost upon the expiration of the period established by law or a court.

2. Documents submitted after the expiration of the procedural period shall remain without consideration, except for the cases provided for by this Code.

Article 127. Renewal and extension of procedural period

1. The court on the case party's application shall renew the missed procedural period established by law, if it finds the reasons for its omission valid, except in cases where this Code establishes the impossibility of such renewal.

2. The procedural period established by the court may be extended by the court upon the case party's application, submitted before the expiration of this period, or on the initiative of the court.

3. Unless otherwise provided for by law, the application for renewal of the procedural period established by law shall be considered by the court where the procedural action on the missed period is to be performed, and the application for extension of the procedural period established by the court shall be considered by the court that determined the period, without a notification of the case parties.

{Part 3 of Article 127 as amended by Law No. 2234-VIII of 07.12.2017}

4. Concurrently with the submission of the application for renewal of the procedural period, a procedural action must be performed (application, complaint, documents, etc. submitted) in respect of which the period has been missed.

5. The omission of the period established by law or court to the case party for the submission of evidence, other materials or performance of certain actions shall not release such party from the obligation to take the appropriate procedural action.

6. The court shall issue a ruling on the renewal or extension of the procedural period.

7. The court shall issue a ruling on the refusal to renew or extend the procedural period, which shall be sent to the person who filed the relevant application no later than the next day from the day of its ruling.

8. A ruling to dismiss the renewal or extension of a procedural term may be appealed under the procedure established by this Code.

Chapter 7. Court summons and notifications

Article 128. Court summons

1. The court shall summon the case parties to a court hearing or to participate in the performance of a procedural action, if it finds their appearance obligatory.

2. The court shall notify the case parties of the date, time and place of the court hearing or the performance of the relevant procedural action, if their appearance is not obligatory.

3. Summonses shall be executed by means of the court writs of summons.

4. Court notifications shall be executed by court writs of summons-notifications.

5. The court writ of summons shall be served in such a way that the summoned persons have sufficient time to appear in court and prepare to participate in the trial, but not later than five days before the hearing, and the court writ of summons-notification shall be served in advance.

6. The court writ of summons, and in the cases established by this Code, together with copies of the relevant documents shall be sent to the official e-mail address of the relevant case party, if he/she has an official e-mail address or together with a receipt by registered letter with acknowledgment of receipt in case if this address is missing, or through couriers to the address specified by the party or other case party.

A party or his/her representative may, with their consent, be issued writs of summons to be served on the relevant trial participants. The court writ of summons may be served directly in court, and in the case of adjournment of the case on the date, time and place of the next hearing it may be notified against a receipt.

7. In case the case parties do not provide information on their address, the court writ of summons shall be sent:

1) to legal entities and individual entrepreneurs, at the address of location (residence), specified in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organisations;

2) individuals who are not the entrepreneurs, at the address of their place of residence or stay, registered in the manner prescribed by law.

8. The day of service of the writ of summons shall be:

1) the day of service of the court writ of summons against a receipt;

2) the day of receipt by the court of the notification on delivery of the court writ of summons to the official e-mail address of the person;

3) the day of affixing in the postal message of a mark on the refusal to receive a court writ of summons or a mark on the absence of a person at the address of location, place of residence or stay of the person notified by this person to the court;

4) the day of affixing in the postal message of a mark on the refusal to receive a court writ of summons or a mark on the absence of a person at the address of location, residence or stay of a person registered in the manner prescribed by law, if this person has not notified the court on another address.

If the writ of summons is sent to the official e-mail address later than 5 pm, the writ of summons shall be deemed to have been served on the working day following the day of its dispatch, regardless of the receipt of its delivery notice to the court.

9. The court shall summon or notify a witness, expert, interpreter, specialist, and in cases of urgency provided for by this Code, in particular in cases when the restraining order is issued, it shall also summon or notify the case parties by telephone, telegram, facsimile, e-mail or message via other means of communication (including mobile), which provide recording of the notification or the call.

{Part 9 of Article 128 as amended by Law No. 2229-VIII of 07.12.2017}

10. The court writ of summons to the legal entity shall be sent at its location or at the location of its representative office, branch, if the claim arose in connection with their activities.

11. Defendant, third party, witness, whose registered place of residence (stay), location or place of work is unknown, as well as the person concerned in cases of issuing a restraining order shall be summoned to court through an announcement on the official website of the Ukrainian Judiciary placed no later than ten days, and if the case on the issuance of a restraining order is considered, this announcement shall be placed no later than 24 hours before the date of the relevant court hearing. With the publication of the announcement on the summons, the person shall be deemed to have been notified of the date, time and place of the hearing.

{Part 11 of Article 128 as revised by Law No. 2229-VIII of 07.12.2017}

12. The procedure for publishing announcements on the web-portal of the Ukrainian Judiciary shall be determined by the Regulations on the Unified Judicial Information and Telecommunication System.

13. In the presence of a relevant written application of the case party, which does not have an official e-mail address and a technical feasibility, a notification of the assignment of the case for consideration and the date, time and place of the hearing or appropriate procedural action may be executed by the court using mobile communication ensuring the recording of a notification or a summons by sending text messages to such a case party, with the indication of the web address of the relevant ruling in the Unified State Register of Court Decisions, in the manner prescribed by the Regulations on the Unified Judicial Information and Telecommunication System.

Article 129. Contents of the court writ of summons and the announcement of the summons

1. A writ of summons shall contain:

1) name of the individual or title of the legal entity to which the writ of summons is addressed;

2) name and address of the court;

3) indication of the place, day and time of appearance according to the summons;

4) name of the case for which the summons is executed;

5) indication of the summoned person's function (plaintiff, defendant, third party, witness, expert, specialist, interpreter);

6) indication of whether the person is summoned to a court hearing or to a preparatory court hearing, and in case of repeated summons of a party in connection with the need to provide personal explanations, the indication of a need to provide personal explanations;

7) a proposal to the case party to submit all evidence he/she failed to submit beforehand, if necessary;

8) indication of the obligation of the person who received the court writ of summons in connection with the absence of the addressee, to deliver it to the addressee as soon as possible;

9) clarification of the consequences of non-appearance depending on the procedural status of the summoned person (imposition of a fine, compulsory attendance, consideration of the case in absence, leaving the application without consideration), and the obligation to inform the court of the reasons for non-appearance.

2. The announcement on summons shall indicate the data specified in clause 1–7 and 9 of part 1 of this Article.

3. The court writ of summons-notification shall contain the name and address of the court, the name of the case, an indication of the procedural status of the notified person, an indication of the action to be performed, place, date and time of its commission, and that participation in its performance for this person is not mandatory.

4. If copies of the relevant documents are sent together with the court writs of summons, the writ of summons shall indicate the documents sent and the right of the notified person to submit objections and relevant evidence in support thereof.

Article 130. The order of service of court writs of summons

1. If the addressee does not have an official e-mail address, court writs of summons addressed to individuals shall be handed to them against a receipt, and if they are addressed to legal entities, they shall be handed to the relevant official who signs the receipt of the writ of summons.

2. The acknowledgement that the writs of summons has been received with a note on the date of service on the same day by the persons who served it, shall be returned to the court.

3. If the person to whom the writ of summons is addressed has not been identified at the place of residence, the writ of summons shall be served against the receipt to any of the adult family members living with him/her. In this case, the person to whom the writ of summons is addressed shall be deemed to have been duly notified of the time, date and place of the court hearing, the performance of another procedural action.

4. In the absence of the addressee (any of the adult members of his/her family), the person servicing the summons shall immediately return it to the court with a note on the reasons for non-service.

5. Service of the court writ of summons to the representative of the case party shall be considered as a delivery of the writ of summons to this person as well.

6. If the person does not live at the address communicated to the court, the court writ of summons may be sent to the place of his/her work.

7. If a case party is in custody or serving a sentence of life imprisonment, imprisonment for a period, detention in a disciplinary battalion of servicemen, restriction of freedom, arrest, the writ of summons and other court documents shall be handed to him/her against a receipt by the administration of the place of the case party's detention, which shall immediately send a receipt and written explanations of this party to the court.

8. Persons residing outside Ukraine shall be served with court writ of summons under the procedure established by international treaties, ratified by the Verkhovna Rada of Ukraine, and if these persons are absent, the writs of summons shall be served pursuant to Article 502 of this Code.

9. In case of refusal of the addressee to receive the court writ of summons, the person who delivers it shall make a corresponding note on the summons and return it to the court. A person who refuses to receive a court writ of summons shall be deemed to have been notified.

10. If the defendant's location is unknown, the court shall consider the case after the court receives information about the summons of the defendant to court in the manner prescribed by this Code.

Article 131. Obligation of trial participants to inform the court about the change of their place of residence (stay, whereabouts) and the reasons for non-appearance at the court hearing

1. The trial participants shall be obliged to inform the court about the change of their place of residence (stay, whereabouts) or location during the proceedings.

If the application on a change of a place of residence or location has not been submitted, the court writ of summons shall be sent to the parties who do not have an official e-mail address and if it is not possible to notify them by other means of communication, which record the notification or the call, to the address last known to the court and shall deem to be delivered, even if the trial participant no longer resides at this address.

2. If a trial participant informs the court of telephone and fax numbers, e-mail address or other similar information, he/she shall inform the court of any relevant change during the proceedings.

The provisions of part 1 of this Article shall also apply in the absence of an application for a change of telephone and fax numbers, e-mail addresses, whereof the case party has informed the court.

3. Trial participants shall be obliged to inform the court of the reasons for non-appearance at the court hearing. If the court has not been notified of the reasons for non-appearance, it shall be considered that the trial participants did not appear in court without a reasonable excuse.

Article 132. Search for the defendant

1. If the defendant's whereabouts in cases of recovering alimony or compensation for damage caused by injury, other damage to health or death of an individual is unknown, the court shall issue a ruling declaring him/her wanted. The search shall be conducted by the National Police of Ukraine, and the costs of its conduct shall be collected from the defendant to the state revenue by judgment.

Chapter 8. Court costs

Article 133. Types of court costs

1. Court costs shall consist of court fees and costs related to the proceedings.

2. The amount of the court fee, the procedure for its payment, refund and exemption from payment shall be established by law.

3. The costs associated with the case consideration shall include the costs:

1) for professional legal aid;

2) related to the involvement of witnesses, specialists, interpreters, experts and execution of expert examination;

3) related to the request for evidence, inspection of evidence at their location, provision of evidence;

4) related to the performance of other procedural actions necessary for the consideration of the case or preparation for its consideration.

Article 134. Preliminary determination of the court costs amount

1. Together with the first statement on the merits of the dispute, each party shall submit to the court a preliminary (indicative) calculation of the court costs amount that it has incurred and expects to incur due to the case.

2. If a party fails to submit a preliminary calculation of the court costs amount, the court may refuse to reimburse the relevant court costs, except for the amount of court fees paid by it.

3. The preliminary calculation of the court costs amount shall not limit the party in proving another actual amount of the court costs, which are subject to distribution between the parties based on the results of the case.

4. The court may determine in advance the amount of court costs (other than the costs of professional legal aid) related to the case proceedings or a particular procedural action. Such the amount preliminary determined by the court shall not limit the court in the final determination of the court costs amount to be distributed between the parties based on the results of the case.

Article 135. Security and prepayment for court costs

1. The court may oblige the parties to deposit into the court's deposit account a predetermined amount of court costs related to the proceedings or a certain procedural action, subject to execution of a ruling (provision of court costs).

2. The court may oblige the case party, who filed a petition to summon a witness, appoint an expert, involve a specialist, interpreter, provision, request for or review of evidence at their location, to pay beforehand (in advance) the costs associated with the relevant proceedings.

If the petition is filed by several case parties, the required amount of money shall be paid in advance in equal shares by the relevant case parties, and in cases where the relevant procedural action is carried out on the initiative of the court, the parties shall pay in equal shares.

3. In case of non-payment of the relevant funds within the period set by the court or non-payment of the relevant amounts in advance within the period set by the court, the court may reject the petition to summon a witness, appoint an expert, involve a specialist, interpreter, provide, request for or review of evidence and to adopt the judgment by virtue of other evidence submitted by the case parties or to cancel the previously issued ruling to summon a witness, appoint an expert, involve a specialist, interpreter, provide, request for or review of evidence at their location.

4. As a measure of securing court costs, the court, taking into account the specific circumstances of the case, shall have the right, at the defendant's request to oblige the plaintiff to deposit money in the court's deposit account to secure possible reimbursement of future defendants' costs for professional legal aid and other costs to be incurred by the defendant due to the case consideration (security for costs of professional legal aid).

Such security for court costs shall be applied if:

1) the claim has signs of knowingly unfounded claim or other signs of abuse of the right to claim; or

2) the plaintiff does not have a registered place of residence (stay) or location on the territory of Ukraine and property located on the territory of Ukraine, in the amount sufficient to reimburse the defendant's court costs in case of the claim dismissal.

Such security for court costs may also be applied if the court is provided with evidence that the plaintiff's property status or actions to alienate property or other actions may complicate or make it impossible to enforce the judgment to reimburse the defendant for court costs in case of the claim dismissal.

5. The amount of the security for costs related to the professional legal aid shall be determined by the court taking into account the provisions of part 4 of Article 137, part seven of Article 139 and part 3 of Article 141 of this Code, as well as their documentary rationale.

6. In case of non-payment of funds for professional legal aid within the period specified by the court, the court shall have the right to leave the claim without consideration at the defendant's petition.

7. In case of satisfaction of the claim the court shall decide to return the amount paid to the plaintiff, and in case of the claim dismissal, closing the proceedings, leaving the claim without consideration, it may decide on reimbursement of defendant's costs in whole or in part at the expense of this amount, pursuant to Articles 141, 142 of this Code. The unused part of the amount paid by the plaintiff shall be returned to the plaintiff not later than five days from the date of resolving the issues specified in this part, subject to execution of a ruling by the court.

Article 136. Postponement and installment of court costs, reduction of their amount or exemption from their payment

1. Taking into account the party's property status, the court may by its judgment postpone the payment of the court fee or allow to pay it in installments for a specified period in the manner prescribed by law, but not later than until the judgment has been taken in the case.

2. If the court costs are not paid within the period set by the court, the statement under Article 257 of this Code shall remain unconsidered, or the costs shall be recovered by a judgment in the case when payment of court costs was postponed or allowed to be paid in instalments until this judgment is adopted.

3. On the grounds specified in part 1 of this Article, the court may, in the manner prescribed by law, reduce the amount of due court costs associated with the proceedings, or exempt from payment thereof.

4. In the case of filing a statement of claim after filing an application on provision of evidence or claim, the amount of the court fee shall be reduced by the amount of the court fee paid for the relevant application on provision of evidence or claim.

Article 137. Costs for the professional legal aid

1. The costs related to the legal aid of a lawyer shall be borne by the parties, except in cases of providing legal aid at the expense of the state.

2. As a result of the proceedings, the costs for legal aid of a lawyer shall be divided between the parties together with other court costs. For the division of the court costs:

1) the amount of costs for legal aid of a lawyer, including the lawyer's fees for representation in court and other legal aid related to the case, including preparation for its consideration, collection of evidence, etc., as well as the cost of legal aid shall be determined pursuant to the contract on the provision of legal aid and by virtue of relevant evidence regarding the scope of services provided and works performed and their value, which is paid or payable by the relevant party or a third party;

2) the amount to be paid in order to reimburse the lawyer's costs necessary for the provision of legal aid shall be established according to the terms of the contract on the provision of legal aid on by virtue of relevant evidence confirming the payment of relevant costs.

3. In order to determine the amount of the legal aid costs for the purpose of division of the court costs, a case party shall submit a detailed description of the works (services provided) performed by the lawyer and the costs incurred by him/her to provide legal aid.

4. The amount of costs for the lawyer's services shall be commensurate with:

1) the complexity of the case and the works performed by the lawyer (services rendered);

2) the time spent by the lawyer to perform the relevant works (rendering of services);

3) the volume of services rendered and works performed by the lawyer;

4) cost of claim and (or) the significance of the case to the party, including the impact of the case proceedings on the party's reputation or the public interest in the case.

5. In case of non-compliance with the requirements of part 4 of this Article, the court may, at other party's request, reduce the amount of legal aid costs to be distributed between the parties.

6. The burden of proving the incommensurability of the costs shall lie upon the party filing a petition to reduce the costs to be paid for the legal aid by the lawyer, which shall be divided between the parties.

7. The costs of individuals related to the payment for professional legal aid in judicial proceedings on declaring that the individual is deceased, is missing due to circumstances that threatened him/her with death or give grounds to consider the individual deceased in result of accident or other circumstances due to technogenic and natural emergencies, shall be borne by legal entities where the accident occurred as a result of such emergencies.

Article 138. Costs of the parties and their representatives related to appearing in court

1. The costs of moving to another settlement of the parties and their representatives, as well as renting accommodation, shall be borne by the parties.

2. The party in whose favour the judgment was rendered and his/her representative shall be compensated by the other party for lost earnings or time-off from regular employment. Compensation for lost earnings shall be calculated in proportion to the amount of average monthly earnings, and compensation for break in traditional occupation shall be compensated in proportion to the amount of the minimum wage.

3. The maximum amount of compensation for court costs of the parties and their representatives related to the appearance in court shall be established by the Cabinet of Ministers of Ukraine.

Article 139. Costs associated with the involvement (summons) of witnesses, experts, specialists, interpreters, execution of expert examinations

1. A witness shall be reimbursed for the costs of the summons related to moving to another settlement and renting accommodation, as well as compensation for lost earnings or time-off from regular employment.

2. Compensation for lost earnings shall be calculated in proportion to the amount of average monthly earnings, and compensation for time-off from regular employment shall be compensated in proportion to the amount of the minimum wage.

3. An expert, specialist or interpreter shall be remunerated for works performed in relation to the case, if this is not part of their official duties.

4. Amounts payable to a court-appointed expert, specialist, interpreter or person who has provided evidence at the request of a court shall be paid by the person to whom the court has imposed such an obligation or by the court at the expense of court costs, contributed to secure the court costs.

5. In cases where the amount of costs for the services of an expert, specialist, interpreter, or costs of a person who provided evidence at the request of the court, was not fully paid by the parties in advance or in the procedure of securing the court costs, the court shall collect these amounts in favour of the specialist, an interpreter, expert or expert institution from a party designated by the court under the rules on the court costs distribution established by this Code. The court shall have the right to seize the money or property of such a party within the scope of amounts to be recovered, in the manner prescribed by this Code to secure the claim.

6. The amount of costs for the preparation of an expert conclusion upon the request of the party, execution of expert examination, involvement of a specialist, payment for the interpreters' services shall be established by the court by virtue of contracts, invoices and other evidence.

7. The amount of costs for the work of the expert, specialist, interpreter involved by the party shall be commensurate with the complexity of the work, its volume and time spent by him/her to fulfil the work.

8. In case of non-compliance with the requirements for commensurability of costs, the court may, at the request of the other party, reduce the amount of costs for the services of an expert, specialist, interpreter, which are subject to distribution between the parties.

9. The burden of proving the incommensurability of the costs shall lie upon the party filing a petition to reduce the costs, which shall be divided between the parties.

10. If in cases of separate proceedings the summoning of witnesses, appointment of expert examination, involvement of specialists are carried out on the initiative of the court, as well as in cases of exemption from payment of court fees or reduction of its amount, the relevant costs shall be reimbursed from the state budget.

Article 140. Costs associated with obtaining evidence, reviewing the evidence at its location, providing evidence and taking other actions necessary for case consideration

1. A person who has provided evidence at the request of a court shall have the right to demand payment of monetary compensation for his/her expenses related to the provision of such evidence. The amount of monetary compensation shall be determined by the court by virtue of the evidence of payment for the relevant costs, provided by such a person.

2. The amount of costs related to the examination of evidence at the place of their location, provision of evidence and other actions related to the consideration of the case or preparation for its consideration shall be established by the court by virtue of contracts, invoices and other evidence.

3. In cases where the amount of costs associated with the recovery of evidence, examination of evidence at its location, provision of evidence and other actions related to the consideration of the case or preparation for its consideration, has not been fully paid by the case parties or in order to secure court costs, the court shall collect these amounts from the party determined by the court under the rules on the distribution of court costs established by this Code.

4. The maximum amount of compensation for costs related to the examination of evidence at their location and the performance of other actions necessary for the consideration of the case shall be established by the Cabinet of Ministers of Ukraine.

Article 141. Distribution of court costs between the parties

1. The court fee shall be imposed on the parties in proportion to the amount of the satisfied claims.

2. Other court costs related to the proceedings shall be borne by:

1) the defendant, in case of the claim satisfaction;

2) the plaintiff, in case of the claim dismissal;

3) on both sides in proportion to the amount of satisfied claims, in the case of partial claim satisfaction.

3. While deciding on the distribution of court costs, the court shall take into account the following:

1) whether these costs are related to the case;

2) whether the amount of such costs is reasonable and proportionate to the subject matter of the dispute, taking into account the cost of the claim, the significance of the case for the parties, including whether the outcome of its resolution could affect the reputation of the party or whether the case aroused public interest;

3) conduct of the party during the consideration of the case, which led to the delay of the case consideration, in particular, submission by the party of obviously unfounded statements and motions, unfounded statement or objection by the party of certain circumstances relevant to the case, unjustified overstatement by the plaintiff of the claims, etc.;

4) actions of the party on the pre-trial settlement of the dispute and on the settlement of the dispute amicably during the case consideration, the stage of case consideration when such actions were performed.

4. If the amount of court costs claimed for reimbursement significantly exceeds the amount stated in the preliminary (approximate) calculation, the court may refuse the party in whose favour the judgment was adopted to reimburse court costs in part of such excess, unless the party proves that he/she could not provide for such costs at the time of submission of the preliminary (approximate) calculation.

5. If the amount of court costs claimed for reimbursement and supported by relevant evidence is incommensurably less than the amount claimed in the preliminary (approximate) calculation, the court may refuse the party in whose favour the judgment was adopted to reimburse court costs (except court fees) in whole or in part, unless such party proves valid reasons for reducing that amount.

6. If the party in whose favour the judgment was made is exempt from court costs, the other party shall be charged court costs in favour of the persons who incurred them, in proportion to the satisfied or dismissed part of the claims, and the other part shall be reimbursed by the state in the manner prescribed by the Cabinet of Ministers of Ukraine. If both parties are exempt from court costs, they shall be reimbursed by the state in the manner prescribed by the Cabinet of Ministers of Ukraine.

7. Unless otherwise provided for by law, in case of dismissal of the claim, closure of proceedings or dismissal of the claim filed by the plaintiff, exempt from court costs, the court costs incurred by the defendant shall be reimbursed by the state in the manner prescribed by the Cabinet of Ministers of Ukraine.

8. The amount of costs that the party has paid or must pay in connection with the case shall be established by the court on the basis of evidence submitted by the parties (contracts, invoices, etc.).

Such evidence shall be submitted before the end of the judicial debate in the case or within five days after adoption of a judgment, provided that before the end of the judicial debate in the case, the party has made a statement to that effect.

In case of failure to submit the relevant evidence within the prescribed period, such statement shall not be considered.

9. In case of abuse of procedural rights by a party or his/her representative, or if the dispute arose as a result of incorrect actions of a party, the court shall have the right to impose on such party the court costs in whole or in part, regardless of the outcome of the dispute.

10. In case of partial satisfaction of the claim, in case of imposition of court costs on both parties in proportion to the amount of satisfied claims, the court may oblige the party on which a larger amount of court costs is imposed to pay the difference to the other party. In this case, the parties shall be released from the obligation to pay each other the other part of the court costs.

11. The court shall have the right to seize the money or property of the party on which the judgment has incurred costs associated with the involvement of witnesses, specialists, interpreters, experts and execution of expert examination; requesting for evidence, reviewing evidence at their location, provision of evidence; within the limits of the amounts awarded for recovery, under the procedure established by this Code to secure the claim.

12. Legal costs of a third party who does not make independent claims on the subject of the dispute shall be collected in his/her favour from the party determined under the requirements of this Article, depending on whether such person denied or supported the claims.

13. If the appellate or cassation court changes the judgment or adopts a new one without referring the case for review, this court shall accordingly change the distribution of court costs.

Article 142. Distribution of costs in the event of recognition of the claim, closure of the proceedings or leaving the claim without consideration

1. In the case of concluding a settlement agreement before the court of first instance approves a judgment, as well as in case of the plaintiff's waiver of the claim, recognition of the claim by the defendant before the trial on the merits, the court in the relevant ruling or judgment in the manner prescribed by law, shall decide to return the plaintiff from the state budget 50 percent of the court fee paid when filing a lawsuit.

2. In case of concluding a settlement agreement, waiver of the claim, recognition of the claim by the defendant at the stage of review of the judgment under appeal or cassation procedure, the court in the relevant judgment in the manner prescribed by law, shall decide to return the complainant (applicant) from the state budget 50 percent of court fees, paid by him/her when filing a relevant appeal or cassation petition.

3. In the event of the plaintiff's waiver of the claim, the costs incurred by him/her shall not be reimbursed by the defendant, and the costs of the defendant relating to his/her application shall be collected from the plaintiff. However, if the plaintiff does not support his/her claims due to satisfaction thereof by the defendant after filing a claim, the court at the plaintiff's request shall award recovery of costs incurred by him/her in the case from the defendant.

4. If the parties at the time of concluding the settlement agreement did not provide for the order of the court costs distribution, each case party shall bear half of the court costs.

5. In case of closing the proceedings or leaving the claim without consideration, the defendant shall have the right to claim compensation for the costs incurred by him/her in relation to the proceedings, as a result of unreasonable actions of the plaintiff.

6. In the cases established by parts 3–5 of this Article, the court may decide on the court costs distribution within fifteen days from the date of the judgment to close the proceedings or leave the claim without consideration, the judgment to satisfy the claim due to its recognition, provided that the relevant party complies with the requirements of part 9 of Article 141 of this Code.

Chapter 9. Procedural coercion measures

Article 143. Grounds and procedure for applying measures of procedural coercion

1. Measures of procedural coercion shall mean the procedural actions taken by a court in cases specified by this Code in order to induce the relevant persons to comply with the rules established by the court, to perform the procedural duties in good faith, to cease abusing rights and to prevent illegal obstacles to the administration of justice.

2. Measures of procedural coercion shall be applied by the court by issuing a ruling.

Article 144. Types of measures of procedural coercion

1. Measures of procedural coercion shall be as follows:

1) a warning;

2) removal from the courtroom;

3) temporary seizure of evidence for examination by a court;

4) compulsory attendance;

5) fine.

2. The application of coercive measures to a person shall not release him/her from the performance of the obligations established by this Code.

Article 145. Warning and removal from the courtroom

1. A warning shall be applied to the trial participants and other persons present at the court hearing for violation of the discipline during the court hearing or non-compliance with the instructions of the presiding judge, and in case of repeated actions, the removal from the courtroom shall be applied.

2. In case of repeated performance of the actions specified in part 1 of this Article, by the interpreter, the court shall announce a break and provide a time for his/her replacement.

Article 146. Temporary seizure of evidence for examination by a court

1. In case of non-submission of written, material or electronic evidence required by the court, without valid reasons or without notification of the reasons for their non-submission, the court may order the temporary seizure of this evidence by the state executor for examination by the court.

2. The ruling on temporary seizure of evidence for examination by the court shall stipulate the following:

1) full title (for legal entities) or name (surname, name and patronymic, for individuals) of the person possessing the evidence, its location (for legal entities) or place of residence or stay (for individuals), postal codes, identification code of the legal entity in the Unified State Register of Enterprises and Organisations of Ukraine, contact details and e-mail addresses, if any;

2) name or description of written, material or electronic evidence;

3) the grounds for its temporary seizure;

4) the person who is entrusted with the seizure.

3. A ruling on the temporary seizure of evidence for examination by the court shall be the executive document subject to immediate execution and must meet the requirements for the executive document established by law.

Article 147. Compulsory attendance of a witness

1. A duly summoned witness who did not appear at the court hearing without a good reason or did not report the reasons for non-appearance may be summoned through the relevant bodies of the National Police of Ukraine with an obligation to reimburse the relevant expenses to the state revenue.

2. The court shall issue a ruling on the compulsory attendance, stipulating the name of the individual subject to the compulsory attendance, place of residence, work or study, the grounds for the compulsory attendance, when and where this person should be taken, and the person entrusted with the execution of a compulsory attendance.

3. The ruling on the compulsory attendance shall be submitted to the court for enforcement to the relevant body of the National Police of Ukraine at the place of the proceedings or at the place of residence, work or study of the person to be brought.

4. Persons who cannot be interrogated in accordance with Article 70 of this Code, as well as minors or juveniles, pregnant women, persons with disabilities of groups I and II, persons caring for children under the age of six or children with disabilities shall not be subject to the compulsory attendance.

{Part 4 of Article 147 as amended by Law No. 2581-VIII of 02.10.2018}

5. The ruling on the compulsory attendance shall be announced to the witness by the person who was entrusted with its execution.

6. If the compulsory attendance is impossible, the person enforcing the ruling shall immediately return it to the court with a written explanation of the reasons for non-enforcement, through the head of the body of the National Police of Ukraine.

Article 148. Fine

1. The court may rule to impose a fine in the amount of from 0.3 to 3 times the subsistence level for able-bodied persons on the relevant person into the state budget revenue in the following cases:

1) failure to perform procedural duties, in particular evasion of actions imposed by the court on the trial participant;

2) abuse of procedural rights, actions or omissions in order to obstruct the proceedings;

3) failure to notify the court of the impossibility to submit evidence required by the court, or failure to submit such evidence without a reasonable excuse;

4) non-enforcement of the ruling on securing the claim or evidence, failure to provide a copy of the statement of defence, appeal or cassation appeal, response to the defence, objection to another case party within the period prescribed by the court;

5) violation of the prohibitions established by part 9 of Article 203 of this Code.

2. In case of repeated or systematic non-fulfilment of procedural obligations, recurrent or repeated abuse of procedural rights, recurrent or systematic non-submission of evidence demanded by the court without reasonable grounds or without the due notification thereof, continued non-enforcement of the ruling on securing the claim or evidence, the court shall impose a fine in the amount of from 1 to 10 times the subsistence level for able-bodied persons on the relevant trial participant or another relevant person into the state budget revenue, with regard to certain circumstances.

3. In case of non-fulfilment of procedural obligations, abuse of procedural rights by the case party's representative, the court, taking into account the certain circumstances of the case, may impose a fine on both the case party and his/her representative.

4. The ruling to impose a fine may be appealed to a court of higher instance. An appeal against such a ruling shall not preclude consideration of the case. The resolution of the court of appeal based on the results of the review of the ruling to impose a fine shall be final and not subject to appeal.

A ruling of the Supreme Court to impose a fine shall not be subject to appeal.

5. A ruling to impose a fine shall be an executive document and must meet the requirements for the executive document established by law. The State Judicial Administration of Ukraine shall be a recoverer under such an executive document.

6. The court may revoke its ruling to impose a fine if the person against whom it is imposed has remedied the breach and (or) provided evidence of the reasonableness of the excuses for non-compliance with the relevant requirements of the court or its procedural obligations.

Chapter 10. Security for claim

Article 149. Grounds for securing the claim

1. Upon the party's application, a case party shall have the right to take the measures provided for in Article 150 of this Code to secure the claim.

2. Security for claim shall be allowed both before filing a statement of claim and at any stage of the proceedings, if a failure to take such measures may significantly complicate or prevent the enforcement of a judgment or efficient protection, or restoration of violated or disputed rights or interests of the plaintiff who has applied or intends to apply to the court.

3. Upon the case party's application, which has been submitted to international commercial arbitration, arbitration court, the court may take measures to secure the claim in the manner and on the grounds established by this Code.

Article 150. Types of the security for claim

1. The claim may be secured by:

1) seizure of property and (or) funds belonging to or subject to transfer or payment to the defendant and held by him or or her or other persons;

1-1) seizure of assets being subject of the dispute, or other defendant's assets corresponding to their value, in cases of recognition of assets as unfounded and their recovery into state revenue;

{Part 1 of Article 150 has been supplemented with clause 1-1 under Law No. 263-IX of 31.10.2019}

2) a ban to perform certain actions;

3) establishing the obligation to perform certain actions, if the dispute arose from a family relationship;

{Clause 3 of part 1 of Article 150 as revised by Law No. 460-IX of 15.01.2020}

4) a prohibition on other persons to perform actions in relation to the subject matter of the dispute or to make payments, or to transfer property to the defendant or perform other obligations relating to the subject matter of the dispute;

5) suspension of the sale of the seized property, if a claim has been filed for recognition of the ownership right to this property and for lifting the seizure from it;

6) suspension of recovery on the basis of an executive document, which is appealed by the debtor in court;

{Clause 7 of part 1 of Article 150 has been deleted under Law No. 460-IX of 15.01.2020}

8) suspension of customs clearance of goods or items;

9) arrest of a seagoing vessel carried out to secure the maritime claim;

10) other measures in cases provided for by law, as well as international treaties, ratified by the Verkhovna Rada of Ukraine.

{Clause 10 of part 1 of Article 150 as revised by Law No. 460-IX of 15.01.2020}

2. The court may apply several types of security for claim.

3. Measures to secure the claim, other than the seizure of a sea-going vessel carried out to secure the maritime claim, shall be commensurable to the plaintiff's claims.

4. It is not allowed to secure the claim by seizing wages, pensions and scholarships, compulsory state social insurance benefits paid due to the temporary incapacity to labour (including care for a sick child), pregnancy and childbirth, care for a child under the age of 3, assistance paid by mutual aid funds, charitable organisations, as well as severance pay, unemployment benefits, property (assets) or funds of an insolvent bank, a bank in respect of which a judgment has been made to revoke a banking license and liquidation of the bank on the grounds specified in Article 77 of the Law of Ukraine “On Banks and Banking” (except for the liquidation of the bank by decision of its owners), as well as the property (assets) or funds of the Deposit Guarantee Fund of individuals. This requirement shall not apply to claims on recovering alimony, for damages caused by injury, other damage to health or due to death of an individual, for damages caused by a criminal offence.

{Part 4 of Article 150 as amended by Laws No. 590-IX of 13.05.2020, No. 720-IX of 17.06.2020}

5. Perishable items may not be seized.

6. It is not allowed to secure the claim by suspending the temporary administration or liquidation of the bank, prohibiting or establishing the obligation to perform certain actions, the obligation to refrain from certain actions of the Deposit Guarantee Fund of individuals, its officials, including authorised persons of the Deposit Guarantee Fund of individuals, during the temporary administration or liquidation of the bank, as well as suspension of decisions approved by the Cabinet of Ministers of Ukraine on participation of the state in the excluding an insolvent bank from the market, individual acts of the Ministry of Finance of Ukraine adopted to implement such decisions of the Cabinet of Ministers of Ukraine, individual acts of the National Commission on Securities and Stock Market adopted in the process of excluding an insolvent bank from the market, as well as by establishing for the Cabinet of Ministers of Ukraine, the Ministry of Finance of Ukraine, the National Commission on Securities and Stock Market, their officials and officers a ban or obligation to perform actions, an obligation to refrain from taking certain actions arising from such decisions/acts.

{Part 6 of Article 150 as revised by Law No. 590-IX of 13.05.2020}

7. It shall not be allowed to secure a claim by suspending the decisions (regulatory acts or individual acts) of the National Bank of Ukraine, as well as establishing for the National Bank of Ukraine, its officials and officers a ban or obligation to perform certain actions, the obligation to refrain from performing certain actions.

{Part 7 of Article 150 as revised by Law No. 590-IX of 13.05.2020}

8. It shall not be allowed to secure the claim by prohibiting the defendant to perform certain actions, the obligation to refrain from performing actions on the claims of the insolvent bank's owners or creditors, the bank subject to the judgment to revoke the banking license and liquidate the bank on the grounds specified in Article 77 of Ukraine “On Banks and Banking” (except for the liquidation of the bank by its owner's decision), as well as such banks or the Deposit Guarantee Fund of individuals.

{Part 8 of Article 150 as revised by Law No. 590-IX of 13.05.2020}

9. Property (assets) or funds of a client of an insolvent bank or a bank subject to the judgment to revoke a banking license and liquidate a bank on the grounds specified in Article 77 of the Law of Ukraine “On Banks and Banking” (except for liquidation of the bank by its owners) seized by a court before the day of classifying the bank as insolvent or the day of the judgment to revoke the banking license and liquidate the bank on the grounds specified in Article 77 of the Law of Ukraine “On Banks and Banking” (except for the liquidation of the bank by its owner's decision), may be transferred to the beneficiary or transitional bank in the manner prescribed by the legislation on the deposit guarantee system of individuals with a written notice to the Deposit Guarantee Fund of individuals in whose interests the seizure was imposed. In this case, the transferred property (assets) or funds shall remain encumbered according to the court ruling on the seizure.

{Part 9 of Article 150 as revised by Law No. 590-IX of 13.05.2020}

10. It shall not be allowed to take measures to secure the claim, which in essence are identical to the satisfaction of the stated claims, unless the dispute is resolved on the merits.

This restriction shall not apply to securing the claim by suspending decisions, acts of the director or employer on the application of negative measures to the plaintiff (dismissal, coercion to dismissal, disciplinary action, transfer, certification, change of working conditions, refusal to appoint to a higher position, refusal in granting leave, suspension from work or position, any other form of discrimination against the plaintiff, etc.) due to the notification from him/her or his/her relatives about possible facts of corruption or corruption-related offences, other violations of the Law of Ukraine “On Prevention of Corruption”.

{Part 10 of Article 150 has been supplemented with paragraph 2 under Law No. 198-IX of 17.10.2019}

11. It shall not be allowed to take measures to secure the claim, which consist in (or result in) suspension, postponement, discontinuation or other interference in the process of tender, auction, bidding, tender or other public tender procedures conducted on behalf of the state (state body), territorial community (local government) or with the participation of an entity appointed by a state body as a member of a commission conducting a tender, auction, bidding, tender or other public tender procedure.

{Article 150 has been supplemented with part 11 under Law No. 460-IX of 15.01.2020}

Article 151. Content and form of the application

1. The application of the security for claim shall be submitted in writing, signed by the applicant and shall stipulate the following:

1) name of the court where the application is filed;

2) full title (for legal entities) or name (surname, name and patronymic) (for individuals) of the applicant, his/her location (for legal entities) or place of residence or stay (for individuals), postal codes, identification code of the legal entity in the Unified State Register of Enterprises and Organisations of Ukraine taxpayer identification number (for individuals) (if any) or passport number and series for individuals who are citizens of Ukraine, contact details and e-mail address (if any);

3) the subject of the claim and the justification of the need to secure the claim;

4) the measure to secure the claim to be applied, with a justification of its necessity;

5) cost of claim, to be secured upon the applicant's request;

6) the applicant's proposals for counter-security;

7) other information required to secure the claim.

2. If the application for securing the claim is filed before the opening of proceedings, such application shall additionally stipulate the full title (for legal entities) or name (surname, name and patronymic) (for individuals) of other persons who may obtain the status of a case party, their location (for legal entities) or place of residence or stay (for individuals), postal codes, identification code of the legal entity in the Unified State Register of Enterprises and Organisations of Ukraine, taxpayer identification number (for individuals) (if any) or passport number and series for individuals who are citizens of Ukraine, contact details and e-mail address.

The taxpayer identification number or passport data of other individuals who are not entrepreneurs, being parties to the case, shall be indicated if they are known to the applicant.

3. The application on securing the claim by seizing the assets that are the subject of the dispute in the case of recognition of assets as unfounded and their recovery into the state revenue shall contain sufficient data allowing to consider the assets unfounded, and in the application on securing the claim by seizing other defendants' assets corresponding to the value of the assets that are the subject of the dispute, the justification of the impossibility to seize the disputed assets shall be given. If such an application on securing the claim raises the issue of its consideration without notifying the defendant, it must also provide a proper justification for such a need.

{Article 151 has been supplemented with a new part under Law No. 263-IX of 31.10.2019}

4. An application for securing a claim in the form of seizure of a seagoing vessel shall be submitted in writing and shall stipulate the following:

1) name of the court where the application is filed;

2) full title, for a legal entity or surname, name and patronymic (if any) for a individual entrepreneur, who is responsible for the maritime claim;

3) the size and essence of the maritime claim, which is the basis for the seizure of a seagoing vessel;

4) name of the vessel in respect of which the application for arrest is filed, other information about the vessel, if they are known to the applicant.

5. The statement may indicate several measures to secure the claim to be taken by the court, justifying the appropriateness of each of these measures.

6. The application shall be accompanied by documents confirming the payment of the court fee in the prescribed manner and amount.

7. The following shall be attached to the application for securing the claim in a case submitted to international commercial arbitration:

1) a copy of the statement of claim to the international commercial arbitration, arbitration court or other document, whose submission initiates the procedure of international commercial arbitration, arbitration according to the relevant regulations (rules) of arbitration, or arbitration court or legislation at the place of arbitration;

2) a document confirming the submission of such a statement of claim or other similar document according to the relevant regulations (rules) of arbitration, arbitration court or legislation at the place of arbitration;

3) a copy of the relevant arbitration agreement or agreement on the transfer of the dispute to the arbitration court.

Article 152. The procedure for filing an application for securing a claim

1. The application for securing a claim shall be filed:

1) before filing a statement of claim, according to the rules of jurisdiction established by this Code for the relevant claim, or to the court at the location of the subject matter of the dispute, if the court to whose jurisdiction the case relates cannot be determined;

2) concurrently with the filing of a statement of claim, to the court to which the statement of claim is filed, according to the rules of jurisdiction established by this Code;

3) after the opening of proceedings in the case, to the court where the case is being stored.

2. An application for the seizure of a seagoing vessel shall be filed at the location of the port of registration of the vessel or at the location of the seaport in which the vessel is located or sailing, regardless of whether such court has jurisdiction to consider the merits of the maritime claim, which is a ground for seizure.

3. The application for securing the claim in the case, which is submitted to international commercial arbitration, arbitration court, shall be submitted to the appellate court at the location of the arbitration, arbitration court, location of the defendant or his/her property of the applicant's choice.

4. In case of filing an application for securing the claim before filing a statement of claim, the applicant shall file a statement of claim within ten days, and in the case of filing an application for seizure of a seagoing vessel, within thirty days from the date of the ruling to secure the claim.

Article 153. Consideration of the application for securing the claim

1. The application for securing the claim shall be considered by the court no later than two days from the date of its receipt without notifying the case parties (arbitration trial proceedings), except as provided in part five of this Article.

{Part 1 of Article 153 as amended by Law No. 263-IX of 31.10.2019}

2. An application for securing the claim in the form of seizure of a seagoing vessel shall be considered by the court no later than two days from the date of its receipt after its submission without notifying the person who filed the application and the person responsible for the maritime claim.

3. The court, considering the application for securing the claim, may summon the person who filed the application for securing the claim, to provide explanations or additional evidence confirming the need to secure the claim, or to clarify issues related to counter-securing.

4. In exceptional cases, when the explanations and evidence provided by the applicant are insufficient for the application for securing the claim to be considered, the court may order its consideration in a court hearing with the summons of the parties.

5. The application for securing the claim by seizing the assets that are the subject of the dispute in the case of recognition of assets as unfounded and their recovery in state revenue, or other assets of the defendant, which correspond to the value of the disputed assets, shall be considered by the court no later than 3 days from the day of its receipt at the hearing with notification of the parties. The court may decide to consider such an application without notifying the defendant, if the plaintiff in the application provides sufficient information that as a result of such notification the effectiveness of the security measure may be jeopardised.

The court may decide to seize the assets that are the subject of the dispute in the case of recognition the assets unfounded and their recovery in the state revenue, or other assets of the defendant, corresponding to the value of the disputed assets, with a ban on use in exceptional cases to ensure the preservation of such assets and their economic value.

The assets with the value equal to or exceeding 200 times the minimum wage set as of 1 January of the relevant year, which are the subject of a dispute in the case of recognition the assets unfounded and their recovery in state revenue and seized with a ban on use, shall be transferred with the owner's written consent, and in case of its absence, these shall be transferred by the court to the National Agency of Ukraine for finding, tracing and management of assets derived from corruption and other crimes (Asset Recovery and Management Agency or ARMA), for the implementation of statutory measures for their management. The court shall be obliged to consider this issue in a court hearing with the notification of the defendant.

{Article 153 has been supplemented with a new part under Law No. 263-IX of 31.10.2019}

6. Depending on the circumstances of the case, the court may secure the claim in whole or in part.

7. The court shall issue a ruling on securing the claim or refusing to secure the claim.

8. In the ruling on securing the claim, the court shall indicate the type of securing the claim and the grounds for its election and shall resolve the issue of counter-securing. The court may also specify the procedure for enforcing the ruling on securing the claim.

9. If at the time of the approving the ruling to seize the vessel the claim on the merits of the maritime claim against the person responsible for the maritime claim is not filed, the court shall specify in the ruling on the seizure of the vessel the period during which the person who filed the seizure is obliged to file such a claim and provide appropriate confirmation to the court.

10. Having established that the application for securing the claim was submitted in violation of the requirements of Article 151 of this Code, the court shall return it to the applicant and issue a ruling thereof.

11. The ruling to secure the claim or to refuse to secure the claim may be appealed. An appeal against a ruling on the provision of evidence shall neither suspend its enforcement, nor shall it impede further consideration of the case.

12. An appeal against a ruling to cancel the security for claim or to replace one type of security with another shall suspend the enforcement of this ruling.

Article 154. Counter-security

1. The court may require the person who filed the application to secure the claim, to provide compensation for damages of the defendant, which may be caused by securing the claim (counter-security).

2. Counter-security shall apply only in the case of securing the claim.

3. The court shall be obliged to apply counter-security if:

1) the plaintiff does not have a registered place of residence (stay) or location on the territory of Ukraine and property located on the territory of Ukraine, in the amount sufficient to compensate for possible damages of the defendant, which may be caused by securing the claim, in case of the claim dismissal; or

2) the court is provided with evidence that the plaintiff's property status or his/her actions to alienate property or other actions may complicate or hamper the enforcement of the judgment on compensation for damages that may be caused by securing the claim, in case of claim dismissal.

4. As a rule, a counter-security is carried out by depositing money in the deposit account of the court in the amount determined by the court. If the plaintiff is not able to pay the appropriate amount due to a reasonable excuse, the counter-security may also be applied by:

1) provision of a bank guarantee, surety or other financial security for the amount determined by the court and from a person approved by the court, whose financial capacity has been verified by the court;

2) taking other actions determined by the court to eliminate potential damages and other risks of the defendant related to securing the claim.

5. The amount of counter-security shall be determined by the court taking into account the circumstances of the case. Counter-security measures must be commensurate with the measures on securiting the claim enforced by the court, as well as the amount of damages that the defendant may incur due to securing the claim.

6. The issue of application of counter-security shall be decided by the court in the ruling on securing the claim or in the ruling on counter-securing of the claim. If the petition for counter-security is filed after the court has applied measures to secure the claim, the issue of counter-security shall be resolved by the court within ten days after the petition has been submitted. A duplicate ruling on counter-security shall be sent to the case parties no later than the next day after its approval.

7. The ruling on securing the claim or on counter-security shall stipulate the amount of counter-security or other action to be taken by the applicant in the order of a counter-security.

8. The term for providing counter-security shall be determined by the court and may not exceed ten days from the date of the ruling on securing the claim or the ruling on counter-security, unless otherwise follows from the content of counter-security measures.

9. The person, on the application of which the measures of securing the claim with the application of counter-security have been applied, shall submit to the court the documents confirming the provision of counter-security within the period determined by the court.

10. If the person, on the application of which the measures of securing the claim have been applied, fails to fulfil the requirements of the court regarding counter-securing within the period determined by the court, the court shall cancel the ruling on securing the claim and on counter-securing.

11. The ruling on counter-securing may be appealed together with the ruling on securing the claim or separately.

Article 155. Cancellation of counter-security

1. Counter-security shall be cancelled in case of closing the case proceedings on the grounds specified in clauses 2, 5, 7, 8 of part one of Article 255 of this Code, leaving the claim without consideration on the grounds specified in clause 6 of part 1 of Article 257 of this Code, or after the entry into force of the judgment to satisfy the claim in full, which is separately stated in the operative part of the relevant judgment.

2. In case of closing the proceedings or leaving the statement of claim without consideration for reasons other than those specified in part 1 of this Article, or in case of approving the judgment on full or partial refusal to satisfy the claim, the counter-security shall be cancelled if within twenty days from the day the relevant judgment or ruling has entered into force, the defendant or another person whose rights or legally protected interests have been violated by measures to secure the claim, will not file a claim on compensation for damages in the manner prescribed by Article 159 of this Code.

3. If such a claim is filed, the counter-security shall deem as a measure to secure the claim in the relevant proceedings, and the issue of its cancellation shall be resolved concurrently with the resolution of the claim on the merits, return of the statement of claim, refusal to open proceedings or leave the claim without consideration or closure of the proceedings.

4. Counter-security may be revoked by the court at any time at the reasoned request of the defendant or another person whose rights or legally protected interests are violated due to the adoption of measures to secure the claim.

5. The court shall consider the petition for cancellation of the counter-security not later than five days from the date when such a request has been received by the court. Based on the results of the petition consideration, the court shall issue a ruling. A court ruling to cancel the counter-security or to refuse to cancel it may be appealed.

6. In case of cancellation of counter-security, the funds deposited by the person on the court's deposit account for the purpose of counter-security shall be returned to the person who provided such counter-security within five days from the date of entry into force of the judgment on cancellation of counter-security.

7. In case of cancellation of measures to secure the claim on the grounds provided for in parts 13, 14 of Article 158 of this Code, the counter-security shall be cancelled if within twenty days from the date of the judgment on cancellation of measures to secure the claim, none of the persons whose rights or legally protected interests have been violated due to the adoption of measures to secure the claim, will not file a claim on compensation for damages in the manner prescribed by Article 159 of this Code.

Article 156. Replacing one measure to secure the claim with another

1. At the request of a case party, the court may allow the replacement of one measure to secure the claim with another.

2. The issue of replacing one measure to secure the claim with another shall be decided by the court in a court hearing not later than the next day after the court receives the relevant request of the case party.

3. Following the results of the consideration of a petition for the replacement of one measure to secure the claim with another, a ruling shall be delivered. Copies of the ruling to replace one measure to secure the claim with another shall be sent to the case parties no later than the next day after its approval.

In case of replacement of one measure to secure the claim with another, the court may change the measures of counter-securing accordingly.

4. If the court takes measures to secure the claim for recovery of the amount, the defendant (another person) may on his/her own initiative secure the claim by depositing funds in the court's deposit account equally to the amount of the plaintiff's claims or providing a bank guarantee for such amount.

5. Submission by the defendant to the court of a document confirming the security of the claim under part 4 of this Article shall constitute the grounds for refusal to secure the claim by the court or for cancellation of the measures taken by the court to secure the claim.

6. A duplicate of the ruling to replace one measure on securing the claim with another immediately after the entry into force of such judgment shall be sent to the applicant, all persons affected by the measures on securing the claim and whom the court can identify, and depending on the type of measures taken, sent by the court for immediate enforcement to the state and other authorities to take appropriate measures.

Article 157. Enforcement of the ruling on securing the claim

1. The court ruling on securing the claim shall be an executive document and must meet the requirements for the executive document established by law. Such a ruling shall be immediately enforceable from the date of its approval, regardless of its appeal and the opening of enforcement proceedings.

{Part 1 of Article 157 as amended by Law No. 2475-VIII of 03.07.2018}

2. A duplicate of the ruling on securing the claim, depending on the type of measures taken, shall be sent by the court for immediate enforcement to all persons affected by the measures on securing the claim and whom the court can identify, as well as to the relevant state and other authorities.

3. A ruling on seize of a seagoing vessel shall be the basis for the detention of the vessel or restriction of its movement in the port where such vessel is located or to which it is headed, until the measures to secure the claim in the form of seizure of the sea vessel are canceled. After service of a duplicate ruling on seizure of a vessel, the captain of the seaport where the vessel is located, the branch of the Ukrainian Sea Ports Authority in the seaport where the vessel is located, the relevant bodies of the State Border Guard Service of Ukraine and customs authorities shall be obliged to take measures to prevent the seized vessel to leave the port.

{Part 3 of Article 157 as amended by Law No. 440-IX of 14.01.2020}

4. Persons guilty of non-compliance with the ruling to secure the claim shall be liable under the law.

Article 158. Cancellation of measures to secure the claim

1. The court may cancel the measures to secure the claim on its own initiative or at the reasoned request of the case party.

2. The petition for cancellation of the measures of securing the claim shall be considered in the court hearing not later than five days from the day of its receipt by the court.

3. If the defendant submits to the court a document confirming the security of the claim under part 4 of Article 156 of this Code, the defendant's petition to cancel the security measures taken by the court shall be considered by the court no later than the next day after the specified document has been submitted.

4. Based on the results of consideration of the petition for cancellation of the measures on securing the claim taken by the court, a ruling shall be delivered.

5. The court ruling on the cancellation of the measures on securing the claim taken by the court, or on the refusal to cancel the security for the claim may be appealed.

6. Refusal to cancel the security for the claim shall not preclude repeated application with the same petition in the event of new circumstances justifying the need to cancel the security for the claim.

7. If the court decides to satisfy the claim, the measures to secure the claim shall continue to apply within ninety days from the date of entry into force of the said judgment or may be revoked at the reasoned petition of the case party.

8. If during the specified period at the plaintiff's (recoverer's) application, the enforcement proceedings are opened, the specified measures to secure the claim shall be valid until the full enforcement of the judgment.

9. In case of leaving the claim without consideration, closing the proceedings or in case of adopting a judgment on complete dismissal of the claim, the court in the relevant judgment shall state on the cancellation of measures to secure the claim.

10. In this case, the measures to secure the claim shall remain in force until the entry into force of the relevant judgment or ruling.

11. A duplicate ruling to cancel the measures on securing the claim shall be sent immediately after the entry into force of such a ruling to the applicant, to all persons affected by the measures on securing the claim and to the persons who can be identified by the court, as well as state and other authorities that should comply and (or) have complied with the ruling on securing the claim, for them to take appropriate actions regarding the cancellation of the measures on securing the claim.

12. The funds deposited by the defendant (another person) on the court's account in order to secure the claim under part 4 of Article 156 of this Code shall be returned to the defendant (another person) who provided such security, within five days from the date of entry into force a judgement on the complete rejection of the claim or a judgement to leave the claim without consideration or closure of the proceedings.

13. Measures to secure the claim, taken by the court before filing the statement of claim, shall be cancelled by the court also in the case of:

1) failure of the applicant to file a relevant statement of claim under the requirements of part three of article 152 of this Code;

2) return of the statement of claim;

3) refusal to open proceedings in the case.

14. Measures to secure the claim taken by the court in a case referred to international commercial arbitration, arbitration court, shall be cancelled in case of refusal to consider such a case or termination of its consideration by international commercial arbitration, arbitration court, their award to dismiss the claim, terminated participation or failure of the person on whose application the claim is secured, to perform actions on taking part in the arbitration proceedings, or on other grounds indicating an optionality in securing such a claim.

Article 159. Compensation for damages caused by securing the claim

1. In case of closing the proceedings or leaving the claim without consideration for reasons other than those specified in part 1 of Article 155 of this Code or in case of making an award by the court (arbitration court, international commercial arbitration) on full or partial dismissal of the claim, the defendant or other person whose rights or legally protected interests have been violated due to taking measures to secure the claim, shall be entitled to be compensated for damages caused by securing the claim at the expense of the person on whose application such measures of securing the claim have been taken.

2. In case of filing a claim on compensation for damages caused by securing the claim, within twenty days from the moment when the judgment referred to in Part 1 of this Article has been adopted, the compensation for damages caused by taking measures to secure the claim shall be performed primarily at the expense of the costs for counter-security.

Section II
WRIT PROCEEDINGS

Article 160. Recovery by virtue of a court order

1. A court order shall mean a special form of a judgment issued by a court following the consideration of the requirements provided for in Article 161 of this Code.

2. An application for the issuance of a court order may be filed by a person who has the right of claim, as well as by bodies and persons who are granted by law the right to apply to the court in the interests of other persons.

3. A court order shall be enforced under the rules established for the enforcement of judgments under the procedure established by law.

Article 161. Requirements for issuance of a court order

1. A court order may be issued if:

1) a claim has been filed for the recovery of the amount of salary and average earnings accrued but not paid to the employee during the delay in payment;

2) a claim has been filed for compensation for the costs of searching for the defendant, the debtor, the child or vehicles of the debtor;

3) a claim has been filed for recovery of the arrears for utility services, telecommunications services, television and radio services, taking into account the inflation index and 3 percent per annum, accrued by the applicant in the amount of arrears;

4) a claim has been filed to recover alimony for one child – one quarter, for two children – one third, for three or more children – half of the earnings (income) of the alimony payer, but not more than 10 times the subsistence level for a child of the relevant age for each child, if this requirement is not related to the establishment or contestation of paternity (maternity) and the need to involve other interested persons;

5) a claim has been filed to recover alimony for a child in a fixed amount of 50 percent of the subsistence level for a child of the relevant age, if this requirement is not related to the establishment or contestation of paternity (maternity) and the need to involve other interested persons;

6) a claim has been filed to return the value of goods of improper quality, if there is a judgment that has entered into force, to establish the fact on sale of the goods of improper quality, adopted in favour of an indefinite number of consumers;

7) a claim has been filed to a legal entity or an individual entrepreneur to collect debts under a contract (other than the contract on provision of utility services, telecommunications services, television and radio services), concluded in writing (including electronic), if the amount of the claim does not exceed 100 times the subsistence level for able-bodied persons.

2. A person shall have the right to apply to the court with the requirements specified in part 1 of this Article, in a writ or simplified action proceedings of his/her choice.

Article 162. Jurisdiction

1. An application for the issuance of a court order shall be submitted to the court of first instance under the general rules of jurisdiction established by this Code.

Article 163. Form and content of the application for issuance of a court order

1. An application for issuance of a court order shall be submitted to the court in writing and signed by the applicant or his/her representative.

2. The application shall contain the following:

1) name of the court where the application is filed;

2) full title (for legal entities) or name (surname, name and patronymic) (for individuals) of the applicant and the debtor, their location (for legal entities) or place of residence, identification code of the legal entity in the Unified State Register of Enterprises and Organisations of Ukraine of the applicant and the debtor, taxpayer identification number of the applicant and the debtor (for individuals) (if any) or number and series of the applicant's and debtor's passport (for individuals that are citizens of Ukraine), as well as official e-mail addresses and other data if they are known to the applicant and identify the debtor;

3) name (surname, name and patronymic) of the applicant's representative, if the application is submitted by a representative, his/her place of residence or location;

4) the applicant's claims and the circumstances on which they are based;

5) a list of evidence by which the applicant substantiates the circumstances on which his/her claims are based.

3. The following shall be attached to the application for a court order:

1) a document confirming the payment of court fees;

2) a document confirming the authority of the representative, if the application is signed by the applicant's representative;

3) a copy of the contract concluded in a written (including electronic) form, under which the requirements for recovery of monetary debt are presented;

4) other documents or the copies thereof confirming the circumstances used by the applicant to substantiate his/her claims.

4. If the application is submitted in electronic form to the debtor who has a registered official e-mail address, the applicant shall subsequently submit any procedural and other documents related to the consideration of his/her application exclusively in electronic form.

5. The applicant shall have the right to withdraw the application for issuance of a court order before its consideration by the court.

Article 164. Court fee for submission of an application for issuance of a court order

1. A court fee in the amount established by law shall be charged for submission of an application for issuance of a court order.

2. In case of refusal to issue a court order or in case of cancellation of a court order, the amount of the court fee paid shall not be returned to the debt recoverer. If the recoverer files a claim against the debtor in the order of claim proceedings, the amount of the court fee paid for submission of an application for issuance of a court order shall be included in the amount of the court fee determined for filing a claim.

Article 165. Grounds for refusal to issue a court order

1. A judge shall refuse to issue a court order if:

1) the application is filed in violation of the requirements of Article 163 of this Code;

2) the application is submitted by a person without a procedural dispositive legal capacity, is not signed or is signed by a person who is not entitled to sign it, or by a person whose official position is not specified;

3) the claim that does not meet the requirements of Article 161 of this Code has been filed;

4) there are circumstances provided for in part 1 of Article 186 of this Code;

5) from the moment when the right of claim arose the term exceeding the statute of limitations established by the law for such claim has passed, or the term established by the law for presentation of the claim in court on such requirement has passed;

6) the court has previously issued a court order on the same requirements under which the applicant requests to issue a court order;

7) the court has previously refused to issue a court order on the grounds provided for in clauses 3–6 of part 1 of this Article;

8) the submitted application does not show the occurrence or violation of the right of monetary claim, according to which the applicant submitted an application for issuance of a court order;

9) the application was filed in violation of the rules of jurisdiction.

2. The judge shall issue a ruling on the refusal to issue a court order no later than ten days from the date of receipt by the court of the application for issuance of a court order.

3. If the application for issuance of a court order contains requirements with a Part not subject to consideration in the order of writ proceedings, the court shall adopt a ruling on the refusal to issue a court order only to the extent of these requirements. If the stated requirements are interconnected and they cannot be considered separately, the court shall refuse to issue a court order.

4. In order to determine jurisdiction, except in cases of filing an application for issuance of a court order in electronic form to the debtor who has an official e-mail address, the judge shall check the debtor's location specified in the application according to information entered to the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organisations, no later than the next day after receiving the application for issuance of a court order.

{Part 4 of Article 165 as amended by Law No. 2234-VIII of 07.12.2017}

5. If the debtor in the application for issuance of a court order indicates an individual who is not an entrepreneur, the judge not later than two days from the date of receipt of such application, except in cases of application for a court order in electronic form to the debtor who has an official e-mail address, shall apply to the relevant authority of the registered place of stay and place of residence of the person with a request to provide information about the duly registered place of residence of the individual who is a debtor.

6. Information on the place of residence (stay) of an individual who is a debtor shall be provided within five days from the moment of receipt by the relevant authority of the registered place of residence (stay) of the person of the relevant court application.

7. A judge may use the data from the Unified State Demographic Registry to determine the jurisdiction.

8. If based on the results of the considered information received by the court on the location of the debtor who is a legal entity or individual entrepreneur, it is established that the application for issuance of a court order is not subject to this court, the court no later than ten days from the date of receipt of the court order shall adopt a ruling on submission of the application confirming issuance of the court order together with the documents attached to it on jurisdiction.

9. If the information received by the court does not make it possible to establish the duly registered place of residence (stay) of the individual who is a debtor, the court shall refuse to issue a court order.

Article 166. Consequences of refusal to issue a court order

1. Refusal to issue a court order on the grounds provided for in clauses 1, 2, 8, 9 of the part 1 of Article 165 of this Code shall not be an obstacle to repeated appeal with the same application in the manner prescribed by this section, after eliminating its deficiencies.

2. Refusal to issue a court order on the grounds provided for in clauses 3–6 of the part 1 of Article 165 of this Code, shall make it impossible to apply with the same application once again. In this case the applicant shall have the right to file the same claims by bringing an action.

Article 167. Procedure for consideration of applications for issuance of a court order

1. The court shall consider the application for issuance of a court order within five days from the date of its receipt, and if in the application for issuance of a court order an individual who is not an entrepreneur is indicated as a debtor, it shall be considered within five days from the date when the court receives the information on the duly registered place of residence (stay) of the individual who is a debtor, pursuant to the order provided for by parts 5, 6 of Article 165 of this Code. The consideration shall be held without a court hearing and notification of the applicant and the debtor.

2. After the application for the court order approval has been considered, the court shall issue a court order or adopt a ruling with a refusal to issue a court order.

3. A court order shall not be subject to appeal, but it may be revoked in the manner prescribed by this section.

Article 168. Contents of the court order

1. The court order shall contain:

1) the date when the order was issued;

2) name of the court, surname and initials of the judge who issued the court order;

3) full title (for legal entities) or name (surname, name and patronymic for individuals) of the recoverer and the debtor, their location (for legal entities) or place of residence or stay (for individuals), identification code of a legal entity in the Unified State Register of Enterprises and Organisations of Ukraine of the recoverer and the debtor, taxpayer identification number of the recoverer and the debtor (for individuals) (if any) or number and series of the collector's and debtor's passport for individuals that are citizens of Ukraine, and other data, if they are known to the court and identify the recoverer and the debtor;

4) reference to the law on the basis of which the stated claims are subject to satisfaction;

5) the amount of funds to be recovered;

6) the amount of court costs paid by the applicant and subject to recovery in his/her favour from the debtor;

7) notification that during the consideration of the claims by way of writ proceedings and the issuance of a court order, the court does not consider the validity of the claims filed by the claimant on the merits;

8) information on the procedure and period for filing an application for the court order revocation;

9) the date when the court order is entered into force;

10) the period for submission of a court order for enforcement;

11) the date of issuance of the court order to the claimant.

2. The information specified in clauses 9–11 of part 1 of this Article shall be entered in the court order on the day of its issuance to the recoverer to submit for enforcement.

3. The court order shall be drawn up and signed by the judge in two counterparts, one of which shall remain in court and the other shall be issued against a receipt or sent to the recoverer at their official e-mail address, or by registered letter with acknowledgment of receipt, or a registered mail with declared value and list of enclosures after the court order is entered into force if the official e-mail address is unavailable.

Article 169. Sending a copy of the court order to the debtor

1. After issuing a court order, not later than the next day, the court shall send its copy (text) containing the information on the web address of such a judgment in the Unified State Register of Court Decisions, to the debtor to his/her official e-mail address, or by registered letter with acknowledgement of receipt, or a registered mail with declared value and list of enclosures if the debtor does not have an official e-mail address.

2. Concurrently with a copy of the court order, the debtor shall be sent a copy of the recoverer's application for the issuance of a court order together with the documents attached to it.

3. A copy (text) of the court order containing information about the web address of such judgment in the Unified State Register of Court Decisions, together with appendices shall be sent to the individual who is a debtor to the address specified in the documents provided for in part 6 of Article 165 of this Code, and in case of the legal entity or the individual entrepreneur who are debtors, it shall be sent to the address of location (residence) specified in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organisations.

4. The day of receipt by the debtor of a copy of the court order shall be the day of its delivery to the debtor, determined under Article 272 of this Code.

Article 170. Form and content of the application for revocation of the court order and terms of its submission

1. The debtor shall have the right within fifteen days from the date of service of a copy of the court order and the documents attached to it, apply for its revocation to the court that issued it, except in cases of issuance of the court order under clauses 4, 5 of the part 1 of Article 161 of this Code. An application for revocation of a court order may also be filed by bodies and persons who have been authorised to apply to the court in the interests of other persons.

2. An application for revocation of a court order shall be submitted to the court in written form.

3. The application for revocation of a court order shall contain:

1) name of the court where the application is filed;

2) full title (for legal entities) or name (surname, name and patronymic) (for individuals) of the applicant and the debtor, their location (for legal entities) or place of residence, identification code of the legal entity in the Unified State Register of Enterprises and Organisations of Ukraine of the applicant and the debtor, the taxpayer identification number of the applicant and the debtor (for individuals) (if any) or number and series of the applicant's and debtor's passport for individuals that are citizens of Ukraine;

3) name (surname, name and patronymic) of the debtor's representative, if the application is submitted by the representative, his/her place of residence or location;

4) the disputed order;

5) indication of complete or partial invalidity of the recoverer's claims.

4. The application shall be signed by the debtor or his/her representative.

5. The following shall be attached to the application for revocation of a court order:

1) a document confirming the payment of court fees;

2) a document confirming the authority of the debtor's representative, if the application is submitted by such a representative;

3) a request for renewal of the missed period, if the application is submitted after the expiration of the period provided for in Part 1 of this Article.

6. In case of submission of an improperly executed application for revocation of a court order, the judge shall issue a ruling on its return without consideration not later than two days from the date of its receipt by the court.

7. In case of issuance of a court order under clause 4 of part 1 of Article 161 of this Code, the debtor shall have the right to apply to the court to reduce the amount of alimony.

8. In case of issuance of a court order under clauses 4 and 5 of part 1 of Article 161 of this Code, the court order may be reviewed due to newly discovered circumstances in the manner prescribed by chapter 3, section V of this Code.

Article 171. Consideration of the application for revocation of a court order

1. An application for revocation of a court order shall be submitted to the judge appointed under the procedure established by Article 33 of this Code no later than the next day.

2. An application of a debtor for revocation of a court order filed after the expiration of the period established by part 1 of Article 170 of this Code shall be returned if the court finds no grounds to renew the period for filing this application upon the application of the person who filed it.

3. In the absence of grounds for returning the application for revocation of the court order, the judge not later than two days after its submission shall issue a ruling to revoke the court order, explaining to the applicant (recoverer) his/her right to apply to the court with the same requirements by the simplified action proceedings. In the ruling to revoke the court order, the court at the request of the debtor shall decide on reversal of the court order in the manner prescribed by Article 444 of this Code.

Article 172. Entry into force of a court order and its issuance to the recoverer

1. In case the court does not receive an application from the debtor to revoke the court order within five days after the period for its submission expires, the court order shall enter into force, except in cases of issuance of a court order under clauses 4 and 5 of part 1 of Article 161 of this Code when the court order enters into force on the day of its issuance.

{Part 1 of Article 172 as amended by Law No. 2475-VIII of 03.07.2018}

2. Within five days from the date of entry into force of the court order, the court shall send a duplicate (text) containing information about the web address of such court order in the Unified State Register of Court Decisions and the Unified State Register of Enforcement Documents, to the recoverer on his/her official e-mail address or by a registered letter or a registered letter with a declared value if an official e-mail address is not available.

Article 173. Correction of an error in a court order, recognition of a court order as not subject to enforcement, its postponement or enforcement in installments

1. The court may amend the court order, declare it unenforceable, postpone it or authorise its enforcement in instalments in the manner prescribed by Articles 432, 435 of this Code.

Section III
ACTION PROCEEDINGS

Chapter 1. Written statements of the case parties

§ 1. Statements on the merits

Article 174. Types and contents of statements on the merits

1. When a court considers a case in the order of action proceedings, the case parties shall state their claims, objections, arguments, explanations and considerations on the subject matter of the dispute in the written form, only in statements on the merits of the case, as determined by this Code.

2. Statements on the merits shall be: statement of claim; statement of defence (defence); response to the defence; objection; third party's explanation of the claim or defence.

3. The grounds, time and priority of submission of applications on the merits of the case shall be determined by this Code or by a court in the cases provided for by this Code.

4. The parties shall have a right to submit the applications on the merits. The court may oblige a state authority or a local government to submit a relevant statement on the merits (except for a statement of claim).

5. The court may allow a case party to submit additional explanations on a particular issue that arose during the proceedings, if he/she deems it necessary.

Article 175. Statement of claim

1. In the statement of claim, the plaintiff shall set out his/her claims on the subject matter of the dispute with the relevant justification.

2. The statement of claim shall be submitted to the court in written form and signed by the plaintiff or his/her representative, or another person who has a legal right to apply to the court in the interests of another person.

3. The statement of claim shall contain:

1) name of the court of first instance where the application is filed;

2) full title (for legal entities) or name (surname, name and patronymic, for individuals) of the parties and other case parties, their location (for legal entities) or place of residence or stay (for individuals), postal code, identification code of the legal entity in the Unified State Register of Enterprises and Organisations of Ukraine (for legal entities registered under the legislation of Ukraine), as well as taxpayer identification number (for individuals) (if any) or passport number and series for individuals who are citizens of Ukraine (if the plaintiff is aware thereof), contact details, official e-mail address and e-mail addresses;

3) indication of the cost of claim, if the claim is subject to monetary valuation; reasonable calculation of amounts collected or disputed;

4) the content of claims: the method (methods) of protection of rights or interests provided by law or contract, or other method (methods) of protection of rights and interests, corresponding to the law and which is to be indicated in the judgment upon the plaintiff's request; if the claim is filed against several defendants, it is necessary to set out the content of the claims against each of them;

5) a statement of the circumstances where the plaintiff substantiates his/her claims; indication of evidence confirming the specified circumstances;

6) information on the measures of pre-trial settlement of the dispute, if any, including if the law prescribes the mandatory pre-trial procedure for dispute settlement;

7) information on the measures to secure evidence or a claim before filing a statement of claim, if any;

8) a list of documents and other evidence attached to the application; indication of evidence that cannot be submitted together with the statement of claim (if any); an indication that the plaintiff or another person has originals of written or electronic evidence, copies of which are attached to the application;

9) preliminary (indicative) calculation of the amount of court costs incurred by the plaintiff and to be incurred by him/her due to the case;

10) plaintiff's acknowledgement that he/she has not filed another claim (claims) against the same defendant (defendants) with the same subject and on the same grounds.

4. If the statement of claim is filed by a person exempt from payment of court fees under the law, it shall indicate the grounds for exemption of the plaintiff from payment of court fees.

5. In case of filing a claim by a person who has a legal right to apply to the court in the interests of another person, it is necessary to indicate the grounds for such application in the statement of claim.

6. The statement of claim may contain other information necessary for the proper resolution of the dispute.

Article 176. Cost of claim

1. The cost claim shall be determined as follows:

1) in lawsuits for recovery of funds, it shall be equal to the amount that is collected, or the disputed amount under the executive or other document, according to which the recovery is carried out in an indisputable manner (without notice);

2) in claims for recognition of the right of ownership to the property or a request for it, it shall be the value of the property;

3) in claims for the recovery of alimony, it shall be the sum of all payments, but not more than for six months;

4) in claims for urgent payments and disbursements, it shall be the sum of all payments or disbursements, but not more than for three years;

5) in claims for indefinite or lifetime payments and disbursements, it shall be a sum of payments or disbursements for three years;

6) in claims for reduction or increase of payments or disbursements, it shall be the amount by which payments or disbursements are reduced or increased, but not more than for one year;

7) in claims for termination of payments or disbursements, it shall be a sum of payments or disbursements remaining, but not more than one year;

8) in claims for termination of the rent (lease) contract or the rent (lease) contract of residential property, it shall be a sum of payments for the use of property or residential property for the period remaining until the end of the contract, but not more than for three years;

9) in claims for the right of ownership to immovable property owned by individuals on the right of private ownership, it shall be the actual value of immovable property, and if the immovable property is owned by legal entities, it shall not be less than its carrying amount;

10) in claims consisting of several independent claims, it shall be the total amount of all claims.

2. If the cost of claim determined by the plaintiff obviously does not correspond to the actual value of the disputed property or if it is impossible to determine the exact cost at the time of filing the claim, the amount of the court fee shall be determined in advance by the court with the subsequent collection of unpaid court fee or its return in case of overpayment according to the cost of claim set by the court in considering the case.

3. In case of increase of the size of claims or change of the claim subject, the unpaid amount of the court fee shall be paid before applying to the court with the relevant statement. In case of reduction of the size of claims, the issue of the court fee refund shall be resolved under the law.

Article 177. Documents attached to the statement of claim

1. The plaintiff shall attach to the statement of claim the copies thereof and the copies of all documents attached thereto, according to the number of defendants and third parties.

2. The rules of this Article on the submission of documents' copies shall not apply to claims arising from employment, as well as compensation for damage caused by a criminal offence or injury, other injury or death of an individual, wrongful judgments, actions or omissions of the bodies carrying out operational and investigative activities, pre-trial investigation, prosecution or the court.

{Part 2 of Article 177 as amended by Law No. 720-IX of 17.06.2020}

3. If necessary, the statement of claim shall be accompanied by petitions and statements of the plaintiff on exemption (postponement, reduction) from the payment of court fees, on the appointment of an expert examination, request for evidence, etc.

4. The statement of claim shall be accompanied by documents confirming the payment of court fees in the prescribed manner and amount, or the documents confirming the grounds for exemption from payment of court fees under the law.

5. The plaintiff shall attach to the statement of claim all the evidence available to him/her confirming the circumstances on which the claims are based (if written or electronic evidence is submitted, the plaintiff may attach to the statement of claim the copies of relevant evidence).

6. A copy (or original) of the disputed act or contract or a certified extract therefrom shall be attached to the application for recognition of an act or contract as invalid, and in case of absence of an act or contract the plaintiff shall file a petition on the request for it.

7. A power-of-attorney or other document confirming the powers of the plaintiff's representative shall be attached to the statement of claim signed by the plaintiff's representative.

Article 178. Defence

1. The defendant shall set out the objections to the claim in the statement of defence.

2. The defence shall be signed by the defendant or his/her representative.

3. The defence shall contain:

1) title (name) of the plaintiff and case number;

2) full title (for legal entities) or name (surname, name and patronymic) (for individuals) of the defendant, his/her location (for legal entities) or place of residence or stay (for individuals), postal code, identification code of the legal entity in the Unified State Register of Enterprises and Organisations of Ukraine (for legal entities registered under the legislation of Ukraine), taxpayer identification number (for individuals) (if any) or passport number and series for individuals who are citizens of Ukraine, contact details, official e-mail address and e-mail address (if any);

3) the claims recognised by the defendant, in the case of full or partial recognition of claims;

4) the circumstances recognised by the defendant, as well as the legal evaluation of the circumstances provided by the plaintiff, with which the defendant agrees;

5) objections (if any) to the circumstances and legal grounds of the claim stated by the plaintiff, with which the defendant does not agree, with reference to the relevant evidence and rules of law;

6) a list of documents and other evidence attached to the defence, and an indication of documents and evidence that cannot be submitted together with the defence, indicating the reasons for their non-submission;

7) objection (if any) of the amount of court costs claimed by the plaintiff, which the plaintiff has incurred and expects to incur before the end of the consideration of the case on the merits;

8) preliminary (indicative) calculation of the amount of court costs incurred by the defendant and to be incurred by him/her due to the case.

4. A copy of the defence and the documents attached hereto shall be sent (provided) to other case parties concurrently with the defence being sent (provided) to the court.

5. The following shall be are attached to the defence:

1) evidence confirming the circumstances on which the defendant's objections are based, if such evidence is not provided by the plaintiff;

2) documents confirming the sending (provision) of the defence and the evidence attached hereto to other case parties.

6. A power-of-attorney or other document confirming the powers of the defendant's representative shall be attached to the defence signed by the defendant's representative.

7. The defence shall be filed within the period established by the court, which may not be less than fifteen days from the date of service of the ruling to initiate proceedings. The court shall set the period for filing a defence that will allow the defendant to prepare it with the relevant evidence, and the other case participants to receive a defence no later than the first preparatory hearing in the case.

8. If the defendant fails to provide a defence within the period prescribed by the court without a reasonable excuse, the court shall consider the case based on the available materials.

Article 179. Response to the defence

1. In response to the defence, the plaintiff shall set out his/her explanations, considerations and arguments regarding the objections given by the defendant in the defence, as well as the reasons for their recognition or rejection.

2. The response to the defence shall be signed by the plaintiff or his/her representative.

3. The response to the defence shall be subject to the rules established by parts 3–5 of Article 178 of this Code.

4. The response to the defence shall be filed within the period established by the court. The court should set a period for filing a response to the defence, which will allow the plaintiff to prepare his/her considerations, arguments and relevant evidence, with the other case parties to receive a defence in advance before the trial on the merits, and the defendant to provide objections to the case parties before the trial on the merits.

Article 180. Objection

1. In the objection, the defendant shall set out his/her explanations, considerations and arguments regarding the explanations, considerations and arguments provided by the plaintiff in response to the defence, as well as the reasons for their recognition or rejection.

2. The objection shall be signed by the defendant or his/her representative.

3. The objection shall be subject to the rules established by parts 3–5 of Article 178 of this Code.

4. The objection shall be filed within the period established by the court. The court shall set a time limit for filing an objection that will allow other case participants to receive an objection in advance before the trial on the merits.

Article 181. Third party's explanations to the claim or defence

1. In the third party's explanations to the claim or defence, a third person who does not make independent claims on the subject matter of the dispute shall set out his/her arguments and consideration in support of or objection to the claim.

2. The third party's explanations shall be signed by the third party or his/her representative.

3. The third party's explanations shall be subject to the rules established by parts 3–6 of Article 178 of this Code.

4. The third party's explanations shall be submitted within the period established by the court. The court shall set a time limit that will allow the third party to prepare his/her arguments, considerations and relevant evidence and submit the explanations to the claim or defence, with the other case parties to receive a response to such explanations in advance before the trial on the merits.

§ 2. Procedural statements

Article 182. Statements, petitions and objections

1. While a court considers the case, the case parties shall state their claims, objections, arguments, explanations, considerations on procedural issues in the statements and petitions, as well as in the objections against the statements and petitions.

2. Statements, petitions and objections shall be submitted in written or oral form. In the cases specified by this Code, applications and petitions shall be submitted only in written form.

3. Applications, petitions and objections shall be submitted and considered under the procedure established by this Code. In cases when this Code does not provide for such a procedure, it is established by the court.

Article 183. General requirements for the form and contents of a written statement, petition, objection

1. Any written statement, petition, objection shall contain:

1) full title (for legal entities) or name (surname, name and patronymic) (for natural persons) of the person filing the statement or petition or objection in contrary, its location (for legal entities) or place of residence or stay (for individuals), identification code of the legal entity in the Unified State Register of Enterprises and Organisations of Ukraine (for legal entities registered under the legislation of Ukraine);

2) name of the court where it is filed;

3) case number, surname and initials of the judge (judges), if the statement (petition, objection) is submitted after the resolution on the opening of proceedings in the case;

4) the issue contents to be considered by the court, and the applicant's request;

5) grounds for the statement (petition, objection);

6) list of documents and other evidence attached to the statement (petition, objection);

7) other information required by this Code.

The requirement to indicate the identification code of a legal entity according to the Unified State Register of Enterprises and Organisations of Ukraine in the application on the merits, complaint, statement, petition or objection shall apply only to legal entities registered under the legislation of Ukraine. A foreign legal entity shall submit a document that is proof of its legal personality under the relevant foreign law (registration certificate, extract from the commercial register, etc.).

2. Written statement, petition or objection shall be signed by the applicant or his/her representative.

Evidence of their sending (provision) to other case parties (parties to the proceedings) shall be attached to the application, appeal, petition or objection submitted at the stage of the judgment enforcement, including in the process of judicial control over the enforcement of judgments.

{Part 2 of Article 183 has been supplemented with paragraph 2 under Law No. 460-IX of 15.01.2020}

3. The case party shall have the right to attach to the written statement, petition a draft ruling to be adopted upon his/her request to the court.

4. Having established that the written statement (petition, objection) was submitted in violation of Part 1 or 2 of this Article, the court shall return it to the applicant without consideration.

Chapter 2. Opening of the proceedings

Article 184. Submission of a claim

1. The claim shall be submitted by means of filing a statement of claim with the court of first instance, where it shall be registered and given to the judge no later than the next day.

2. The plaintiff shall have the right to file a petition in the statement of claim for consideration of the case under the rules of simplified action proceedings, if such consideration is allowed by this Code.

Article 185. Leaving the statement of claim without motion, returning the statement

1. Having established that the statement of claim was submitted in violation of the requirements set forth in Articles 175 and 177 of this Code, within five days from the date of receipt of the statement of claim, the court shall adopt a ruling to leave the statement of claim without motion.

In the event the court receives a case to be considered in civil proceedings, after the closure of the proceedings by the Supreme Court or the appellate court in commercial or administrative proceedings, the court shall verify the grounds for leaving the claim without motion under the requirements of civil procedure law effective as of the date when the statement of claim has been filed.

{Part 1 of Article 185 has been supplemented with paragraph 2 under Law No. 460-IX of 15.01.2020}

2. The ruling to leave the statement of claim without motion shall indicate the deficiencies of the statement of claim, the method and term of their elimination, which may not exceed ten days from the date of service of the ruling to leave the statement of claim without motion. If a ruling to leave the statement of claim without motion is made on the basis of non-payment of court fees in the amount prescribed by law, the court in such a ruling shall indicate the exact amount of court fees to be paid (the remainder to be paid).

3. If the plaintiff in accordance with the court ruling within the prescribed period fulfils the requirements of Articles 175 and 177 of this Code, pays the amount of court fees, the statement of claim shall be considered submitted on the day of its initial submission to the court. If the plaintiff has not eliminated the deficiencies of the statement of claim within the period prescribed by the court, the statement shall be considered as not submitted and shall be returned to the plaintiff.

4. In addition, the application shall be returned in the following cases:

1) if the statement is submitted by a person without a procedural dispositive legal capacity, is not signed or is signed by a person who is not entitled to sign it, or by a person whose official position is not specified;

2) if the rules for combining claims have been violated (except in cases where there are grounds for applying the provisions of article 188 of this Code);

3) if a statement on the dispute settlement or a statement on the withdrawal of the statement of claim has been received before the ruling on the opening of the procedure in case is approved;

4) if there are no grounds for a prosecutor to apply to a court in the interests of the state or the grounds for a duly entitled person to apply to a court in the interests of another person;

5) if a statement for dissolution of marriage was filed during the wife's pregnancy or until the child reaches the age of one year in violation of the requirements established by the Family Code of Ukraine;

6) if the plaintiff filed another claim (claims) to the same court against the same defendant (defendants) with the same subject matter and on the same grounds and in respect of such claim (claims) at the time of resolving the issue of opening of proceedings in the case under consideration; if a ruling to open or refuse to open proceedings, return the statement of claim or leave the claim without consideration is not adopted;

7) the application is not accompanied by evidence of taking measures of pre-trial settlement of the dispute in the case when such measures are mandatory under the law.

5. The judge shall return the statement of claim and the documents attached hereto no later than five days from the date of its receipt or from the date of expiration of the period for elimination of the deficiencies.

6. The court shall issue a ruling on the return of the statement of claim. The ruling to return the statement of claim may be appealed. A copy of the statement of claim shall remain in court.

In case of revocation of the ruling to return of the statement of claim and referring the case for the further consideration, the court may not return the statement of claim again.

7. The return of the statement of claim shall not preclude the repeated submission of the statement to the court, if the circumstances that became the basis for the return of the statement cease to exist.

8. In case of return of the statement of claim on the grounds provided for in clause 6 of part 4 of this Article, the court fee paid for filing the claim shall not be refunded.

9. Statements, complaints, petitions, defined by this Code, to be submitted against a court fee, shall remain without motion by the court also if at the moment of opening proceedings on the relevant statement, complaint, petition the court finds that the relevant court fee is not credited to the special fund of the state budget. The rules of this Part shall not apply to statements on securing the evidence or statements of claim.

Article 186. Refusal to open the proceedings

1. A judge shall refuse to open the proceedings if:

1) the statement is not subject to consideration in civil proceedings;

2) there is an enforced judgment or ruling to close the proceedings between the same parties, on the same subject and on the same grounds, or there is a court order that has entered into force on the same requirements;

3) in the proceedings of this or other court there is a case of a dispute between the same parties, on the same subject and on the same grounds;

4) there is an award of the arbitration court, made within its competence, on a dispute between the same parties, on the same subject and on the same grounds, except when the court refused to issue a writ of enforcement for enforcement of the arbitral awards or revoked the arbitral award and consideration of the case in the same arbitration court was impossible;

5) there is a judgment of a court of a foreign state, recognised in Ukraine in the manner prescribed by law, on a dispute between the same parties, on the same subject and on the same grounds;

6) an individual who has submitted a statement of claim or who was submitted a statement of claim, is dead or recognised as deceased, the same concerning the legal entity that has been liquidated, if the disputed legal relationship does not allow for legal succession.

2. The ruling to refuse to open the proceedings shall be adopted no later than five days from the date of receipt of the statement. Such a ruling shall be sent to the applicant no later than the next day after its issuance under the procedure established by Article 272 of this Code.

3. The ruling to refuse to open proceedings in the case sent to the applicant shall be accompanied by the claim materials. A copy of the statement of claim shall remain in court.

4. The ruling to refuse to open proceedings in the case may be appealed. In case of revocation of this ruling, the statement of claim shall be considered submitted on the day of the initial appeal to the court.

5. In case of refusing to open the proceedings on the grounds set forth in clause 1 of part 1 of this Article, the court shall explain to the applicant, to whose jurisdiction the court has assigned the case.

Article 187. Opening of the proceedings

1. If there are no grounds for leaving the statement of claim without motion, return of the statement of claim or refusal to initiate proceedings, the court shall open proceedings within five days from the date of receipt of the statement of claim or statement on the elimination of deficiencies filed under Article 185 of this Code.

If the defendant is an individual who does not have the status of an entrepreneur, the court shall open proceedings no later than the next day from the date of receipt by the court in the manner prescribed by part 8 of this Article, of the information about the legally registered place of residence (stay) of the individual who is the defendant.

2. On acceptance of the statement of claim for consideration and opening of proceedings, the court shall issue a ruling stating the following:

1) name of the court, surname and initials of the judge who opened the proceedings, case number;

2) title (for legal entities) or full name (surname, name and patronymic (if any) for individuals) of the parties, their location (for legal entities) or place of residence (for individuals);

3) the subject and grounds of the claim;

4) the rules of the action proceedings (general or simplified) to be applied while considering the case;

5) the date, time and place of the preparatory hearing, if the case is considered in the general action proceedings;

6) the date, time and place of the court hearing for consideration of the case on the merits, if the case is considered in a simplified action proceedings with notification (summons) of the parties;

7) the result of resolving the statements and petitions of the plaintiff, received together with the statement of claim, if their resolution does not require a summons of the parties;

8) the period for the defendant to file a defence to the claim;

9) periods for filing a response to the defence and objections, if the case is considered under the rules of simplified action proceedings;

10) the period for providing explanations by third parties who were involved in the opening of proceedings;

11) the web-page on the official web-portal of the Ukrainian Judiciary on the Internet, where the case parties may obtain information about the case under consideration.

3. If the issue of involving third parties was resolved at the opening of the proceedings, the plaintiff shall send copies of the statement of claim with appendices to such third parties no later than two days from the date of service of duplicate ruling to open the proceedings, and provide evidence of such sending to the court before the preparatory hearing or before the beginning of consideration on the merits in the order of simplified action proceedings.

4. If in the ruling to open proceedings on the results of consideration of the relevant plaintiff's petition the court decides to consider the case under the rules of simplified action proceedings, the court shall set a period for the defendant to file an objection against the proceedings under the rules of simplified action proceedings, which may not be less than five days from the date of service of the ruling.

5. The ruling to open the proceedings shall be adopted in compliance with the requirements of part 5 of Article 128 of this Code.

6. If the defendant in the statement of claim indicates an individual who is not a business entity, the court no later than two days from the date of receipt of the statement of claim shall apply to the relevant authority of the registered place of stay and place of residence of the person with a request to provide information about the duly registered place of residence (stay) of the individual.

7. Information on the place of residence (stay) of an individual shall be provided within five days from the moment of receipt by the relevant authority of the registered place of stay and place of residence of the person of the relevant court application.

8. A judge may also use the data of the Unified State Demographic Register for the purpose of determining jurisdiction.

9. If due to the information received by the court, it is established that the case is not subject to this court, the court shall send the case for jurisdiction under the procedure established by Article 31 of this Code.

10. If the information received by the court does not make it possible to establish the place of residence (stay) of the individual registered under the procedure established by law, the court shall decide on the opening of proceedings in the case. Further summons of such a person as a defendant in the case shall be executed made through an announcement on the official web-portal of the Ukrainian Judiciary.

11. Having established after the opening of the proceedings, that the statement of claim was filed in violation of the requirements set forth in Articles 175, 177 of this Code, the judge shall issue a ruling not later than the next day stating the grounds for leaving the statement without motion and shall inform the plaintiff thereof with a set period for him/her to eliminate the deficiencies, which may not exceed five days from the date of service of the ruling to the plaintiff.

12. If the plaintiff has eliminated the deficiencies of the statement of claim within the period established by the court, the court shall continue consideration of the case, subject to a ruling no later than the next day from the date of receipt of information on the elimination of deficiencies.

13. If the plaintiff has not eliminated the deficiencies of the statement of claim within the period established by the court, the statement of claim shall remain without consideration.

Article 188. Combining or separating the claims

1. A single statement of claim may combine several claims related to the basis of origin or the evidence submitted, as well as the main and derivative claims.

A derivative claim shall mean a claim whose satisfaction depends on the satisfaction of another claim (the main claim).

2. The court, taking into account the provisions of Part 1 of this Article, may, at the request of a case party or on its own initiative, combine several cases into one proceeding on the claims:

1) of the same plaintiff to the same defendant;

2) of the same plaintiff to different defendants;

3) of the different plaintiffs to the same defendant.

3. Combining cases into one proceeding may be allowed before the beginning of the preparatory hearing, and in the simplified claim proceedings it may be allowed until the beginning of the case consideration on the merits in each of the cases.

4. It shall not be allowed to combine several claims into one proceeding, which are subject to consideration as part of different proceedings, unless otherwise provided for by the law.

5. It shall not be allowed to combine several claims into one proceeding, in respect of which the law determines the exclusive jurisdiction of different courts.

6. At the request of a case party or on its own initiative, the court may, prior to the case consideration, separate the claims on the merits, having allocated one or more combined claims to separate proceedings, if this fosters the task of civil proceedings.

Consideration of the claims allocated for independent proceedings shall be carried out by the judge who has made the judgment on separation of claims.

7. The court shall issue a ruling on combining cases into one proceeding, separation of claims, on refusal to combine cases into one proceeding, separation of claims.

8. Cases being considered by the court, in case of combining them into one proceeding, shall be transferred for consideration to the judge who opened the proceedings before the other judges.

9. If the proceedings were opened on the same day, the cases, if they are combined into one proceeding, shall be referred to the judge who first decided to combine them.

10. Cases combined into one proceeding shall not be subject to separation.

Chapter 3. Preparatory proceedings

Article 189. Tasks and period of preparatory proceedings

1. The tasks of the preparatory proceedings shall be as follows:

1) final determination of the subject of the dispute and the nature of the disputed legal relations, claims and the composition of the trial participants;

2) clarification of objections to claims;

3) determination of the case circumstances to be established and collection of relevant evidence;

4) the decision on recusals;

5) determination of the procedure for case consideration;

6) committing other actions in order to ensure proper, timely and unimpeded consideration of the case on the merits.

2. Preparatory proceedings shall begin with the opening of proceedings and end with the closing of the preparatory hearing.

3. Preparatory proceedings shall be conducted within sixty days from the date when the proceedings are opened. In exceptional cases, for the proper preparation of the case for consideration on the merits, this period may be extended by not more than thirty days at the request of one of the parties or at the initiative of the court.

Article 190. Sending duplicate ruling to initiate proceedings, a copy of the statement of claim and the documents attached to it

1. The ruling to open the proceedings shall be sent to the case parties, as well as to other persons, if they are required to provide the evidence, under the procedure established by article 272 of this Code.

2. Concurrently with a duplicate ruling to open proceedings, the case parties shall be sent a copy of the statement of claim with copies of the documents attached to it.

Article 191. Submission of a defence

1. Within the period established by the court ruling to initiate proceedings, the defendant shall have the right to send:

1) to the court, a defence to the statement of claim and all written and electronic evidence (which can be delivered to the court), expert conclusions and statements of witnesses confirming the objections to the claim;

2) to the plaintiff, other defendants, as well as third parties, a copy of a defence and the documents attached hereto.

2. If the defendant fails to provide a defence within the period prescribed by the court without a reasonable excuse, the court shall consider the dispute based on the available case materials.

Article 192. Submission of third party's explanations on the claim or defence

1. Within the period established by the court ruling to open proceedings or the ruling adopted on the preparatory hearing (if third parties were involved in the preparatory hearing), third parties who do not state independent claims on the subject matter of the dispute shall have the right to submit written explanations on the claim or defence.

2. The case parties shall have the right to respond to such explanations before the end of the preparatory proceedings.

Article 193. Counter-claim

1. The defendant shall have the right to file a counter-claim within the period for filing a defence.

2. A counter-claim shall be accepted for joint consideration with the original claim if both claims are interrelated and joint consideration is appropriate, in particular when they arise from the same legal relationship or when the satisfaction of the counter-claim may preclude full or partial satisfaction of the original claim.

3. Claims for a counter-claim shall be combined by a judgment into one proceeding with the original claim.

4. In case of filing a counter-claim in a case which is considered under the rules of simplified action proceedings, the court shall issue a ruling on the transition to consideration of the case under the rules of general action proceedings.

Article 194. Form and content of the counter-claim

1. A counter-claim filed in compliance with the general rules for filing a claim shall fall under the requirements of Articles 175 and 177 of this Code.

2. The provisions of Article 185 of this Code shall apply to a counter-claim filed in violation of the requirements established by part 1 of this Article.

3. A counter-claim filed in violation of the requirements of parts 1 and 2 of Article 193 of this Code shall be returned to the applicant by a court ruling. A copy of the counter-claim shall be attached to the case files.

Article 195. Third party's claim with independent claims

1. The provisions of Articles 193 and 194 of this Code shall apply to third party's claims who make independent claims on the subject matter of the dispute in the case subject to the opened proceedings.

Article 196. The purpose and period of the preparatory hearing

1. In order to fulfil the task of preparatory proceedings in each court case, which is considered according to the rules of general action proceedings, a preparatory hearing shall be held.

2. The date and time of the preparatory hearing shall be appointed by the judge taking into account the circumstances of the case and the need to take appropriate procedural actions. The preparatory hearing shall begin no later than thirty days from the date of the opening the proceedings.

Article 197. Preparatory hearing

1. A preparatory hearing shall be held by the court with a notification to be sent to the case parties.

2. In the preparatory hearing the court:

1) shall announce the composition of the court, as well as the surnames, names and patronymics of the secretary of the court hearing, interpreter, specialist, find out the existence of grounds for recusal;

2) shall find out whether the parties wish to conclude a settlement agreement, refer the case to arbitration or apply to the court for settlement of the dispute with the participation of a judge;

3) if necessary, shall hear clarifications of claims and objections against them and consider the relevant applications;

4) shall decide on the entry of other persons into the case proceedings, replacement of the improper defendant, involvement of the co-defendant, consolidation of cases and separation of claims, acceptance of the counter-claim, if these issues have not been resolved before;

5) may explain to the case parties what circumstances are included in the subject of proof, what evidence must be submitted by a particular case party;

6) shall find out whether the parties have informed about all the case circumstances that are known to them;

7) shall find out whether the parties have provided the evidence to which they refer in the claim and the defence, as well as evidence requested by the court or the reasons for their failure to submit; shall decide on the review of written, material and electronic evidence at their location; shall decide on the request for additional evidence and determine the period for their submission, decide on the provision of evidence, if these issues have not been resolved before;

8) shall decide on the appointment of an expert examination, summons to a court hearing of experts, witnesses, involvement of an interpreter, specialist;

9) at the request of the case parties shall decide on the security of the claim, on the counter-security;

10) shall address the statements and petitions of the case parties;

11) shall send court orders;

12) shall set deadlines for filing a response to the defence and objection;

13) shall set a deadline for the submission of explanations by third parties and responses of case parties to such explanations;

14) shall establish the period and procedure for settling the dispute with the participation of a judge upon the party's consent to execute it;

15) shall appoint the case for consideration on the merits, determin the date, time and venue of the court hearing (several court hearings if the case is complex) for consideration of the case on the merits;

16) shall establish the procedure for clarifying the circumstances to which the parties refer as the basis of their claims and objections, and the procedure for examination of evidence on which they are substantiated during the trial on the merits, subject to a record in the minutes of the court hearing.

17) shall determine the amount of court costs claimed by the parties;

18) shall resolve the issue on consideration of a case by a panel of judges;

19) shall perform other actions necessary to ensure the correct and timely consideration of the case on the merits.

Article 198. The procedure of the preparatory hearing

1. A preparatory hearing shall be held under the rules established by Chapter 6 of this Section, taking into account the specifics of the preparatory hearing established by this Code.

2. The court shall postpone the preparatory hearing for the period of the preparatory proceedings determined by this Code in the following cases:

1) as defined by part 2 of article 223 of this Code;

2) involvement of a third party to the participation or entry into the case, replacement of an improper defendant, involvement of a co-defendant;

3) in other cases when the issues specified in part 2 of Article 197 of this Code cannot be considered in this preparatory hearing.

3. Due to the replacement of an improper defendant, the involvement of a co-defendant, such persons shall have the right to apply for consideration of the case from the beginning no later than two days from the date of service of the relevant ruling. If such a request is not filed within the specified period, the court shall continue consideration of the case.

Due to the entry of a third party who makes independent claims on the dispute subject matter into the case, such person, as well as other case parties shall have the right to apply for consideration of the case no later than two days from the date when the relevant ruling has been serviced to them. If such a request is not filed within the specified period, the court shall continue consideration of the case.

4. If the case is considered from the beginning as defined by this Code, the court shall appoint and hold a preparatory hearing from the beginning in the general order, except in the case of approval of a judgment to consider the case by a panel of judges, when the preparatory hearing is held from the beginning only if the court has concluded that it is necessary to hold it.

5. The court may announce a break in the preparatory hearing if necessary, in particular in the following cases:

1) replacement of the assigned expert, interpreter, specialist;

2) non-fulfilment by a case party of the requirements set out in the ruling to open the proceedings in the case within the period established by the court, if such non-fulfilment prevents the completion of the preparatory proceedings;

3) failure to submit the required evidence by a person who is not a trial participant;

4) request for new (additional) evidence.

6. In case of postponement of the preparatory hearing or announcement of a break, the preparatory hearing shall continue from the stage at which the hearing was postponed or a break was announced.

Article 199. Filing a response to the defence and objection

1. Within the period established by the court, the plaintiff shall have the right to file a response to the defence, and the defendant may file a response to the objection.

2. Other case parties shall have the right to provide their written explanations of the response to the defence and objection before the end of the preparatory proceedings, unless the court sets another period.

3. If the plaintiff before the end of the preparatory proceedings filed an application for invalidation of the transaction in whole or in part related to the dispute subject, contrary to law, the court shall give the time for the defendant and other case participants so that they could prepare their explanations and objections to the filed application.

Article 200. Judgments in a preparatory hearing

1. In a preparatory hearing, the court shall issue a ruling (rulings) on procedural actions that must be taken before the end of the preparatory proceedings and the beginning of the trial on the merits.

2. Based on the results of the preparatory hearing, the court shall rule on:

1) leaving the statement of claim without consideration;

2) closing case proceedings;

3) closing the preparatory proceedings and assigning the case to trial on the merits.

3. Based on the results of the preparatory proceedings, the court shall adopt a judgment in case the claim is recognised by the defendant.

4. Adoption in a preparatory hearing of a judgment in case of waiver of the claim, recognition of the claim, conclusion of a settlement agreement shall be carried out in the manner prescribed by Articles 206, 207 of this Code.

5. The court shall clarify the party's opinion regarding the date of the hearing to consider the case on the merits.

Chapter 4. Settlement of a dispute with the participation of a judge

Article 201. Grounds for settlement of a dispute with the participation of a judge

1. Settlement of a dispute with the participation of a judge shall be carried out with the consent of the parties prior to the commencement of the proceedings on the merits.

2. Settlement of a dispute with the participation of a judge may not take place if a third party has entered the case and stated independent claims on the dispute subject.

Article 202. The procedure for appointing a settlement of a dispute with the participation of a judge

1. The court shall issue a ruling on the procedure for settlement of a dispute with the participation of a judge, which shall concurrently suspend the proceedings in the case.

2. In case the parties do not reach a peaceful settlement of the dispute as a result of the settlement of the dispute, the repeated settlement of the dispute with the participation of a judge shall not be allowed.

Article 203. Procedure for settlement of a dispute with the participation of a judge

1. Settlement of a dispute with the participation of a judge shall be carried out in the form of joint and (or) closed meetings. The parties shall have the right to participate in such meetings by videoconference in the manner prescribed by this Code.

Joint meetings shall be held with the participation of all parties, their representatives and judges.

Closed meetings shall be held at the initiative of the judge with each of the parties separately.

2. The judge shall direct the settlement of the dispute with the participation of the judge in order for the parties to reach a settlement of the dispute. Taking into account the specific circumstances of the meeting, the judge may announce a break within the settlement period.

3. At the beginning of the first joint meeting on settlement of a dispute the judge shall explain to the parties the purpose, procedure for the settlement of the dispute with the participation of the judge, the rights and obligations of the parties.

4. During the joint meetings, the judge shall clarify the grounds and subject matter of the claim, the grounds for objections, explain to the parties the subject of proof in the category of dispute under consideration, invite the parties to make proposals for peaceful settlement of disputes and take other actions aimed at peaceful settlement of the dispute by the parties. The judge may suggest to the parties a possible way of peaceful dispute settlement.

5. During closed meetings, the judge shall have the right to draw the party's attention to the case law in similar disputes, to offer the party and (or) his/her representative possible ways of peaceful dispute settlement.

6. During the settlement of the dispute, the judge shall have no right to provide legal advice and recommendations to the parties, to assess the evidence in the case.

7. The information received by either party as well as by the judge during the settlement of the dispute shall be confidential. During the settlement of a dispute with the participation of a judge, the minutes of the hearing shall not be kept and shall not be recorded by technical means.

8. If necessary, an interpreter may be involved in the hearing. The interpreter shall be warned about the confidentiality of the information obtained during the settlement of the dispute with the participation of a judge.

9. During the settlement of a dispute with the participation of a judge, it shall be prohibited to use portable audio devices, as well as to take photo and film, video and sound recordings.

Article 204. Termination of settlement of a dispute with the participation of a judge

1. The settlement of a dispute with the participation of a judge shall be terminated:

1) in the event that a party submits an application for termination of settlement of a dispute with the participation of a judge;

2) in case if the period for settlement of a dispute with the participation of a judge expires;

3) at the initiative of the judge in case of delay in settlement of a dispute by any of the parties;

4) in case of concluding a settlement agreement by the parties and applying to the court with a statement of its approval or the plaintiff's application to the court to leave the statement of claim without consideration, or in case the plaintiff refuses the claim or the defendant recognises the claim.

2. A ruling on the termination of settlement of a dispute with the participation of a judge shall be issued, which shall not be subject to appeal. Concurrently, the judge shall resolve the issue on the resumption of proceedings.

3. On termination of settlement of a dispute with the participation of a judge on the grounds provided for in clause 1 of part 1 of this Article, the judge shall issue a ruling no later than the next working day after receipt of the relevant application from the party, and on the grounds provided for in clause 2 of the same part, the judge shall issue a ruling no later than the next day from the day when the period for settlement of a dispute with the participation of a judge expires.

4. In the event that the settlement of a dispute with the participation of a judge is terminated on the grounds provided for in clauses 1–3 of part 1 of this Article, the case shall be transferred to another judge, determined under Article 33 of this Code.

Article 205. Period for settlement of a dispute with the participation of a judge

1. The settlement of a dispute with the participation of a judge shall be carried out within a reasonable period, but not longer than thirty days from the date of the ruling thereof.

2. The period for settlement of a dispute with the participation of a judge may not be extended.

Chapter 5. Plaintiff's withdrawal of a claim. Settlement agreement

Article 206. Plaintiff's withdrawal of a claim, defendant's recognition of a claim

1. The plaintiff may withdraw a claim, and the defendant may recognise a claim at any stage of the proceedings, having recorded this in the statement on the merits of the case or in a separate written statement.

2. Before adoption of a judgment in connection with the plaintiff's waiver of a claim or the defendant's recognition of a claim, the court shall explain to the parties the consequences of the relevant procedural actions, check whether the relevant party's representative is limited in their powers to perform these actions.

3. If the plaintiff rejects the claim, the court shall issue a ruling to close the proceedings.

4. If the defendant recognises the claim upon the due legal grounds, the court shall adopt a judgment to satisfy the claim. If the defendant's recognition of the claim contradicts the law or violates the rights, freedoms or interests of others, the court shall adopt a ruling to refuse to accept the defendant's recognition of the claim and shall continue the trial.

5. The court shall not accept the plaintiff's waiver of a claim, defendant's recognition of a claim in the case where the person is represented by his/her legal representative, if his/her actions are contrary to the interests of the person he/she represents.

Article 207. Settlement agreement of the parties

1. A settlement agreement shall be concluded by the parties for the purpose of settlement a dispute on the basis of mutual concessions and shall concern only the rights and obligations of the parties. In a settlement agreement the parties may go beyond the subject matter of the dispute, provided that the settlement agreement does not violate the rights or legally protected interests of third parties.

2. The parties may conclude a settlement agreement and notify the court thereof by making a joint written statement at any stage of the proceedings.

3. Before adoption of a judgment in connection with the conclusion of a statement agreement by the parties, the court shall explain to the parties the consequences of such a judgment, check whether the representatives of the parties are limited in their powers to take appropriate actions.

4. The statement concluded by the parties shall be approved by a court ruling, the operative part of which shall specify the terms of settlement agreement. Approving the settlement agreement, the court shall concurrently close the proceedings by the same ruling.

5. The court shall issue a ruling on a refusal to approve the settlement agreement and shall continue the judicial proceedings if:

1) the terms of the settlement agreement contradict the law or violate the rights or legally protected interests of others, are unenforceable; or

2) one of the parties to settlement agreement is represented by his/her legal representative, whose actions are contrary to the interests of the person he/she represents.

Article 208. Enforcement of the settlement agreement

1. Enforcement of the settlement agreement shall be carried out by the persons who concluded it, in the order and in the terms provided for by this agreement.

2. The ruling on approval of the settlement agreement is an executive document and shall meet the requirements for the executive document established by the Law of Ukraine “On Enforcement Proceedings”.

3. In case of non-enforcement of the settlement agreement approved by the court, the court ruling on approval of the settlement agreement may be submitted for its enforcement in the manner prescribed by law for the enforcement of judgments.

Chapter 6. Consideration of the case on the merits

§ 1. General provisions

Article 209. The task of consideration of the case on the merits

1. The task of consideration of the case on the merits is to consider and resolve the dispute by virtue of the materials collected in the preparatory proceedings, as well as to distribute the court costs.

Article 210. Period for consideration of the case on the merits

1. The court shall begin consideration of the case on the merits no later than sixty days from the date of opening the proceedings, and in case of extension of the period of preparatory proceedings, the court shall begin consideration no later than the next day from the date of expiration of such period.

2. The court shall consider the case on the merits within thirty days from the date of commencement of the hearing on the merits.

3. Proceedings in the case at the stage of its consideration on the merits shall be suspended only on the grounds established by clauses 1–3 of part one of Article 251 and clauses 1–3 of part one of Article 252 of this Code.

Article 211. Court hearing

1. Consideration of a case shall take place in a court hearing.

2. The court shall notify the case parties about the place, date and time of the court hearing.

3. The case party shall have the right to apply a petition for consideration of the case in his/her absence. If such a request is made by all case parties, the consideration of a case shall be carried out on the basis of materials available to the court.

4. The court hearing shall be held in a specially equipped room – the courtroom. Individual procedural actions may be taken outside the courtroom if necessary.

5. During the consideration of the a on the merits, the court shall promote the reconciliation of the parties.

Article 212. Participation in the court hearing by videoconference

1. The case parties shall have the right to participate in the court hearing by videoconference outside the courtroom, provided that the court has the appropriate technical capability, to be indicated by the court in a ruling to open proceedings, except when the appearance of the case party to the court hearing is recognised by the court as mandatory.

2. The case party shall submit an application for participation in the court hearing by videoconference outside the courtroom not later than five days before the court hearing. A copy of the application shall be sent to the other case parties within the same period.

3. The case parties shall participate in the court hearing by videoconference outside the courtroom using their own technical means and electronic digital signature under the requirements of the Regulations on the Unified Judicial Information and Telecommunication System.

4. During the quarantine established by the Cabinet of Ministers of Ukraine to prevent the spread of coronavirus disease (COVID-19), the parties may participate in the hearing by videoconference outside the courtroom using their own technical means. The identity of the case party shall be verified by means of an electronic signature, and if the person does not have such a signature, it shall be verified in the manner prescribed by the Law of Ukraine “On the Unified State Demographic Register and Documents Confirming Citizenship of Ukraine, Identity or Special Status” or the State Judicial Administration of Ukraine.

{Article 212 has been supplemented with a new part under Law No. 540-IX of 30.03.2020}

5. The risks of technical impossibility to participate in the videoconference outside the courtroom, interruption of communication, etc. shall be borne by the case party who submitted the relevant application.

6. The court may decide on the participation of a case party in a court hearing by videoconference in the courtroom designated by the court.

7. A witness, an interpreter, a specialist, an expert may participate in a court hearing by videoconference only in the courtroom.

8. The petition on participation in a court hearing by videoconference in a courtroom must contain information on the court where this hearing will take place. Such a petition may be filed no later than five days before the relevant court hearing.

9. A duplicate of the ruling on the participation of a person in a court hearing by videoconference in the courtroom shall be immediately sent to the court, which shall organise its enforcement, and to the person who will participate in the court hearing by videoconference.

10. The court providing the videoconference shall check the attendance and identify the persons who appeared, as well as verify the representatives' powers.

11. The technical means and technologies used by the court and the participants in the judicial proceedings must ensure the proper quality of the image and sound, as well as information security. Trial participants should be able to hear and see the progress of the trial, ask questions and receive answers, and exercise other procedural rights and responsibilities.

12. The court considering the case shall record the videoconference in which the case parties participate, by means of technical means of video and audio recording. Video and audio recording of the videoconference shall be stored in the case files.

13. The court may, under the procedure provided for in this Article, on its own initiative or upon the petition of a trial participant held in a pre-trial detention facility or penitentiary institution, adopt a ruling to participate in a court hearing by videoconference in the courtroom of such institution. In this case, the actions provided for in part 9 of this Article shall be performed by an official of such institution.

Article 213. Immediacy of the judicial proceedings. Breaks in court hearing

1. The court shall directly examine the evidence in the case during the proceedings.

2. The case shall be considered by the same judges. In case of replacement of one of the judges during the judicial proceedings, the case shall be considered from the beginning, except in cases established by this Code.

3. A court hearing may be paused for a break, the duration of which shall be determined according to the case circumstances that caused the breaks.

Article 214. Judge presiding in court session

1. In the one-person judicial proceedings, the judge hearing the case shall preside over the court hearing.

In the considering the case by a panel of judges, the presiding judge in the court hearing shall be the judge-rapporteur appointed by the Unified Judicial Information and Telecommunication System during the case distribution.

2. The presiding judge shall, in accordance with the task of civil proceedings, direct the course of the court hearing, ensure observance of the sequence and order of procedural actions, exercise of procedural rights and performance of duties by the trial participants, direct the trial to ensure full, comprehensive and objective clarification of the case circumstances, removing from the trial everything that is not essential for resolving the case.

3. In case of objections of any of the case parties, as well as witnesses, experts, specialists, interpreters regarding the actions of the presiding judge, these objections shall be entered in the minutes of the court hearing and the court shall issue a ruling on their acceptance or rejection.

4. The presiding judge shall take the necessary measures to ensure proper discipline in the court hearing.

5. The presiding judge shall consider complaints against the actions or omissions of the court administrator regarding the performance of his/her duties, and shall issue a ruling.

Article 215. Appeal to the court in a court hearing

1. The case parties, witnesses, interpreters, experts, specialists, as well as other persons present at the court hearing shall address the court with the words “Your Honor”.

Article 216. Responsibilities of the persons present in the courtroom

1. Persons present in the courtroom shall stand up when the court enters and leaves. All persons present in the courtroom shall hear the judgment standing up. Trial participants and other persons present in the courtroom shall address the court and each other, provide explanations, testimony, conclusions, consultations, etc. standing up.

2. Derogation from the requirements established by Part 1 of this Article shall be allowed with the presiding judge's permission.

3. Trial participants, as well as other persons present in the courtroom, shall be obliged to indisputably execute the presiding judge's instructions, to comply with the established procedure in the court hearing and to refrain from any actions indicating obvious contempt of court or the rules established in court.

4. Guilty persons shall be held liable for contempt of court. The issue of bringing a party to the case or another person present in the courtroom to justice for contempt of court shall be decided by the court immediately after commiting the offence, for which a break is announced in the court hearing or after the court hearing ends.

5. The case parties shall transfer documents and other materials to the presiding judge through the court administrator.

§ 2. Opening of consideration of the case on the merits

Article 217. Opening a court session

1. At the time allotted for the consideration of the case, the presiding judge shall open the court hearing and announce the case to be considered.

2. The court secretary shall report to the court, who of the trial participants appeared in court, which of the trial participants take part in the court hearing by videoconference, and whether the trial participants, who did not appear, were notified of the date, time and the place of the court hearing in the manner prescribed by this Code.

3. Consideration of the case on the merits shall begin when a presiding judge announces the court hearing opened.

4. The presiding judge shall identify the persons who take part in the court hearing, as well as verify the representatives' powers.

Article 218. Clarification of the interpreter's rights and obligations. Interpreter's oath

1. The presiding judge shall explain to the interpreter his/her rights and obligations established by this Code and shall warn the interpreter against a receipt of the criminal responsibility for knowingly incorrect interpretation and for the refusal without a reasonable excuse to perform his/her duties.

2. The presiding judge shall administer an oath to interpreter: “I, (surname, name, patronymic), swear to perform the duties of an interpreter in good faith, using all my professional abilities.”

3. The interpreter shall sign the text of the oath. The text of the oath and the receipt signed by the interpreter shall be attached to the case.

Article 219. Exclusion of witnesses from the courtroom

1. Witnesses shall be excluded from the courtroom to the premises set aside for this purpose without being able to get acquainted with the course of the court hearing.

2. The court administrator shall take measures to ensure that witnesses interrogated by the court do not communicate with those who have not yet been interrogated by the court.

Article 220. Announcement of the court composition and clarification of the right of recusal

1. The presiding judge shall announce the composition of the court, as well as the names of the expert, interpreter, specialist, secretary of the court hearing and explain to the case parties the right to file objections.

Article 221. Clarification of rights and obligations

1. The presiding judge shall clarify the case party's awareness of their rights and obligations and explain these if necessary, except in cases where the case party is represented by a lawyer.

Article 222. Consideration of statements and petitions

1. The presiding judge shall find out whether the case parties have statements and petitions related to the consideration of the case, which were not filed for valid reasons in the preparatory proceedings or within another period determined by the court, and shall address them after other present case parties in a court hearing express their opinion.

2. The court shall leave without consideration statements and petitions which have not been filed in the preparatory proceedings or within another term determined by the court against a reasonable excuse.

Article 223. Consequences of non-appearance at the court hearing of the case party

1. Non-appearance at a court hearing of any case party, provided that he/she has been duly notified of the date, time and place of that hearing, shall not preclude consideration of the case on the merits, except as provided in this Article.

2. The court shall postpone the consideration of the case in a court hearing within the period established by this Code on the following grounds:

1) non-appearance at the court hearing of the case party, in respect of which there is no information about the servicing the notification on the date, time and place of the court hearing;

2) the first non-appearance at the court hearing of the case party, who was notified of the date, time and place of the court hearing, if he/she reported the reasons for non-appearance, recognised valid by the court;

3) technical issues that make it impossible for a person to participate in a court hearing by videoconference, except in cases where, according to this Code, a court hearing may take place without the participation of such a person;

4) the need to request for new evidence, in the event that the case party has justified the impossibility of filing a petition within the scope of preparatory proceedings;

5) if the court deems it necessary for the party who filed the statement for consideration of the case in his/her absence to give a personal explanation. The plaintiff or defendant can be summoned for personal explanations even when their representatives are involved in the case.

3. If a case party or his/her representative has been duly notified of the hearing, the court shall hear the case in the absence of such a case party due to the following:

1) case party's non-appearance at the court hearing (his/her representative) without reasonable excuses or without communicating the reasons for non-appearance;

2) repeated non-appearance at the court hearing of the case party (his/her representative), except for the defendant, regardless of the reasons for non-appearance;

3) non-appearance of the representative at the court hearing, if the person he/she represents or another his/her representative appeared at the court hearing;

4) non-appearance of the case party at the court hearing, if his/her representative appeared, except in cases when the court recognised the case party's appearance mandatory.

4. In case of repeated non-appearance at the court hearing of the defendant, who has been duly notified, the court shall resolve the case based on the available data or evidence (adopts a judgment in absentia).

5. In case of repeated non-appearance of the plaintiff at the court hearing without a reasonable excuse or his/her failure to notify of the reasons for non-appearance, the court shall leave the statement of claim without consideration, unless a statement of consideration of the case in his/her absence from the plaintiff has been received, and his/her absence does not preclude dispute resolution.

6. The consequences specified in parts 3–5 of this Article shall also commence if the case party (his/her representative) leaves the courtroom.

7. If the case is considered in the absence of the plaintiff or the defendant, the judge-rapporteur shall announce the summary of the statement of claim or defence, respectively.

8. If the consideration of the case is postponed, the court shall interrogate the witnesses who appeared. Witnesses shall not be interrogated and shall be summoned again only in exceptional cases subject to the court ruling.

9. A postponement of the case consideration shall be subject to a ruling.

Article 224. Consequences of non-appearance of a witness, expert, specialist, interpreter in court

1. In case of non-appearance of a witness, expert, specialist, interpreter in court, the court shall hear the opinion of the parties on the possibility of consideration of the case in the absence of a witness, expert, specialist, interpreter who did not appear, and decide to continue or postpone the consideration of the case. Concurrently, the court shall resolve the issue on reliability of person who did not appear.

Article 225. Clarification of the expert's rights and obligations. Expert's oath

1. The presiding judge shall explain to the expert his/her rights and obligations established by this Code and shall warn the expert against a receipt of the criminal responsibility for knowingly incorrect conclusion and for the refusal without a reasonable excuse to perform his/her duties.

2. The presiding judge shall administer an oath to expert: “I, (surname, name, patronymic), swear to perform the duties of an expert in good faith, using all my professional abilities.”

3. The expert shall sign the text of the oath. The effect of the oath shall extend to those cases when the conclusion was made before its proclamation. The text of the oath and the receipt signed by the expert shall be attached to the case.

4. If the expert examination is appointed during the court consideration, the rights, duties of the experts and their responsibilities shall be explained to the presiding judge as soon as they are involved in the civil proceedings.

5. Experts working in state expert institutions shall be clarified the rights and obligations of an expert and administered an oath by the head of the expert institution when appointing a person to the position and assigning the qualification of a forensic expert. The signed text of the oath and the receipt on acquaintance with the expert's rights and obligations and the criminal responsibility for refusal without reasonable excuses to perform the obligations assigned to him/her, for knowingly false conclusion shall be attached to the personal file. Copies of these documents certified by the expert institution's seal shall be submitted at the court request.

Article 226. Clarification of the specialist's rights and obligations.

1. The presiding judge shall explain to the specialist his/her rights and obligations established by this Code.

§ 3. Clarification of the case circumstances and examination of evidence

Article 227. Opening address of the case parties

1. The court shall hear the opening address of the plaintiff and the third party by the plaintiff's side, the defendant and the third party by the defendant's side, as well as other case parties.

2. In the opening address, the case parties shall orally summarise the content and grounds of their claims and objections to the subject of the claim, provide the necessary explanations thereto.

3. If together with a party or a third party their representatives are involved in the case, the court shall hear their representatives after the party or third party. Upon the petition of a party or a third party, only a representative may proclaim an opening address.

If several claims are made in the case, the court may order the parties and other case parties to provide a separate explanation for each of the claims.

5. With the presiding judge's consent, the case parties ask each other questions. The questions shall be asked in the following order:

1) the defendant, a third party involved by the defendant's side, other case parties may ask questions to the plaintiff and (or) the person who applied to the court in the interests of another person;

2) the plaintiff and (or) a person who applied to the court in the interests of another person, a third party involved by the plaintiff's side, other case parties may ask questions to the defendant;

3) the plaintiff and (or) a person who applied to the court in the interests of another person, a third party involved by the plaintiff's side, the defendant, a third party involved involved by the defendant's side, other case parties may ask questions to other case parties.

6. The presiding judge may, on his/her own initiative or at the oral petition of a case party, withdraw issues that do not relate to the subject matter of the dispute, and ask questions to the trial participant.

7. If the trial participants are vague or it is not possible to conclude from their words whether they acknowledge the circumstances or object to them, the court may require these persons to give a specific answer – “yes” or “no”.

Article 228. Procedure for clarification of the case circumstances and examination of evidence

1. Having heard the case parties' opening addresses, the court shall clarify the circumstances to which the parties refer as the basis of their claims and objections, and examine the evidence on which they are based, in the manner prescribed by the preparatory hearing in the case.

2. Taking into account the content of the disputed legal relationship, the case circumstances and the collected case evidence, the court may change the procedure for clarification of the case circumstances and examination of evidence during consideration of the case on the merits, subject to a record in the minutes of the court hearing.

Article 229. Examination of evidence

1. During the consideration of the case the court must directly examine the case evidence: read the written and electronic evidence, expert opinions, explanations of the parties, set out in statements on the merits, testimony of witnesses, as well as to examine the evidence.

2. Evidence that was not the subject of the examination at the court hearing may not be used by the court as the basis for the judgment.

3. Material, written and electronic evidence shall be examined in court, except as provided by this Code, and presented to the case parties at their request, and also to witnesses, experts, specialists, if necessary.

4. The reproduction of audio and video recordings shall be carried out in a court hearing or in another room specially equipped for this purpose.

5. The case parties may give their explanations regarding written, material and electronic evidence or protocols of their investigation, ask questions to the experts. The first person to ask a question shall be the person at whose petition the expert was summoned.

Article 230. The procedure for interrogation of witnesses

1. Each witness shall be interrogated individually.

2. Witnesses who have not yet testified may not be present in the courtroom during the court consideration.

3. Before the witness interrogation, the presiding judge shall verify his/her identity, age, occupation, place of residence and relations with the parties and other case parties, explain his/her rights and determine whether the witness refuses to testify on the grounds established by law.

4. By means of a ruling the court shall accept the refusal to testify.

5. If there are no obstacles to the interrogation of a witness, the presiding judge shall warn the witness of criminal responsibility for knowingly false testimony and refusal to testify, and administer an oath to him/her as follows: “I, (name, patronymic, surname), swear to tell the truth, not hiding or distorting anything.”

6. The witness shall sign the text of the oath. The text of the oath and the receipt signed by the witness shall be attached to the case.

7. The interrogation of a witness shall begin with the court's proposal to tell everything he/she personally knows about the case; then the person who summoned the witness shall be first to ask a question, and then the other case parties shall ask their questions, according to the sequence provided for in clause 3, part five, Article 227 of this Code.

8. The presiding judge and other judges may ask questions to the witness at any time during his/her interrogation.

9. The presiding judge and other judges shall have the right to clarify the essence of the witness's answer to the case parties' questions, as well as to ask questions to the witness after the end of his/her interrogation by the case parties.

10. The presiding judge shall have the right, at the case party's request, to withdraw the questions asked to the witness, if they are insulting the honour or dignity of a person, are suggestive or do not relate to the subject of consideration.

11. Each interrogated witness shall remain in the courtroom until the end of the consideration. The court may allow the interrogated witnesses to leave the courtroom until the end of the consideration with the consent of the parties.

12. A witness may be interrogated once again at the same or subsequent hearing at his/her own request, at the request of the parties and other case participants or on the initiative of the court. During the examination of other evidence, witnesses may be asked questions by the parties, other case participants, the court.

13. The court may simultaneously examine witnesses to clarify the reasons for the discrepancies in their testimony.

14. A witness who is unable to appear in court due to illness, old age, disability or other reasonable excuse shall be interrogated by the court at his/her place of residence (stay).

Article 231. The use of written records by a witness

1. While giving testimony, the witness may use written records only if his/her testimony is related to any calculations and other data that are difficult to remember. These records shall be submitted to the court and the case parties and may be attached to the case by a court ruling.

Article 232. Procedure for interrogation of minor and juvenile witnesses

1. The interrogation of minor witnesses and, at the discretion of the court, juvenile witnesses shall be conducted in the presence of parents, adoptive parents, guardians, trustees, if they are not interested in the case, or representatives of guardianship authorities, as well as the services for children.

2. Witnesses who have not reached the age of sixteen shall be instructed by the presiding judge to give truthful testimony, without warning of the responsibility for refusing to testify and for knowingly false testimony, and shall not be subject to the oath.

3. The persons specified in part one of this Article may, with the permission of the court, ask questions to witnesses, as well as express their opinion regarding the identity of the witness, the content of his/her testimony.

4. In exceptional cases, when it is necessary to objectively clarify the circumstances of the case, at the time of interrogation of persons under the age of eighteen, a case party may be excluded from the courtroom by a court ruling. Upon this person's return to the courtroom, the presiding judge shall inform him/her of the testimony of this witness and give him/her the opportunity to ask questions.

5. A witness who has not reached the age of sixteen shall be excluded from the courtroom after the end of his/her interrogation, except in cases when the court has recognised the presence of this witness in the courtroom necessary.

Article 233. Announcement of witness testimony

1. If the court consideration is postponed, the testimony of witnesses collected on the basis of court orders for the provision of evidence during their interrogation at the place of residence, or testimony given by them at the court hearing where the revoked judgment was approved, must be announced and examined at the court hearing, where the judgment was approved, if the participation of these witnesses in a new court hearing is impossible. The case parties shall have the right to express their attitude to these testimonies and to give their explanations regarding them.

Article 234. Interrogation of parties, third parties, their representatives as witnesses

1. If a party, a third party, or their representatives declare that the facts relevant to the case are known to them personally, they may, with their consent, be questioned as witnesses according to Articles 230–232 of this Code.

Article 235. Examination of written evidence

1. Written evidence, including their examination protocols, drawn up on the court order or for the provision of evidence, upon the petition of a case party shall be announced at the court hearing or presented to him/her, and if necessary, it shall be given also to witnesses, experts, specialists or interpreters for acquaintance.

2. The case parties may give their explanations regarding this evidence or their examination protocol. Regarding the specified evidence, the case parties may ask questions to witnesses, as well as experts, specialists.

Article 236. Announcement and research of the content of personal papers, letters, recordings of telephone conversations, telegrams and other types of correspondence

1. The content of personal papers, letters, recordings of telephone conversations, telegrams and other types of correspondence of individuals may be examined at the open court hearing or announced at the case party's request only with the consent of persons specified in the Civil Code of Ukraine.

Article 237. Research of material and electronic evidence

1. Material and electronic evidence shall be examined by the court or examined by it in another way, as well as presented for acquaintance to the persons involved in the case and, if necessary, to experts, specialists and witnesses. Persons who are presented with material and electronic evidence may draw the court's attention to certain circumstances related to the inspection. These statements shall be recorded in the minutes of the court hearing.

2. Protocols of material and electronic evidence examination, drawn up for securing evidence, enforcement of a court order or based on the results of examination of evidence at the scene, shall be announced at the court hearing upon request of the case party. The case parties may give their explanations regarding these protocols.

3. The case parties may ask questions about material and electronic evidence to witnesses, as well as to experts and specialists who examined them.

4. Electronic written documents shall be examined in the manner prescribed for the examination of written evidence

Article 238. Reproduction of sound recording, demonstration of video recording and their research

1. During the reproduction of a sound recording, demonstration of a video recording of a private nature, as well as during their examination, the rules of this Code shall apply to the announcement and examination of the content of personal correspondence and telegraphic messages.

2. Reproduction of a sound recording and demonstration of a video recording shall be carried out in a court hearing or in another room specially prepared for this purpose, with reflection in the minutes of the court hearing of the features of the announced materials and indication of the demonstration time. After that, the court shall hear the explanations of the case parties.

3. If necessary, the reproduction of a sound recording and demonstration of the video recording may be repeated in whole or in part.

Article 239. Examination of expert conclusion

1. Upon the petition of a case party, the expert conclusion shall be announced at the court hearing.

2. Questions may be asked to clarify and supplement the expert conclusion. The person who requested to perform the examination or his/her representative shall be the first to ask a question to the expert, followed by other persons involved in the case. If the examination is appointed upon the petition of the both parties, the plaintiff and his/her representative shall be the first to ask a question.

3. The court shall have the right to clarify the essence of the expert's answer to the case parties' questions, as well as to ask the questions to the expert after his/her interrogation by the case parties.

4. The clarifications and additions to the conclusion set forth in writing and signed by the expert shall be attached to the case.

Article 240. Postponement of the case consideration or a break in the court hearing

1. The court shall postpone the case consideration in the events established by part 2 of article 223 of this Code.

2. If the dispute under consideration on the merits cannot be resolved at the court hearing, a court may announce a break for the period established by this Code for consideration of the case, the duration of which shall be determined in view of the circumstances that caused it, with a next note thereof in the judgment or the ruling.

3. The court shall notify the case parties, witnesses, experts, specialists, interpreters who were present at the court hearing on the postponement of the case consideration or a break in a court hearing against a receipt. The case parties, witnesses, experts, specialists, interpreters who have not arrived or who are involved in the trial for the first time by the court shall be notified of the court hearing according to the procedure established by this Code.

{Part 3 of Article 240 as amended by Law No. 2234-VIII of 07.12.2017}

4. If the consideration of the case is postponed, the court shall interrogate the witnesses who appeared. Witnesses shall not be interrogated and shall be summoned again only in exceptional cases subject to the court ruling.

5. If the consideration of the case is postponed, the court shall continue the proceedings from the stage at which the hearing was postponed. In the event that the consideration of the case is postponed during its consideration on the merits, the court may begin consideration of the case on the merits from the beginning.

6. If a break has been announced at the court hearing, the proceedings in the case shall be resumed from the stage at which the break was announced.

7. In a divorce case, the court may suspend the proceedings and set a time limit for the spouses to reconcile, which may not exceed six months.

Article 241. Finish of clarifying of circumstances and verifying them with evidence

1. After clarifying all the circumstances of the case and verifying them with evidence, the presiding judge shall give the parties and other case parties the opportunity to provide additional explanations that may supplement the case file.

2. In relation to additional explanations of the case party, the court may ask questions to other trial participants.

3. After hearing additional explanations and resolving the petitions of the case parties, the court shall approve a ruling to complete clarifying the case circumstances and verifying them with evidence, and proceed to the court debate.

§ 4. Judicial debate and adoption of a judgment

Article 242. Pleadings

1. In judicial debates, the case parties shall deliver speeches (closing address). In these speeches, they may reference only to the circumstances and evidence examined at the hearing.

Each case party shall be given equal time to deliver a speech in the judicial debate

2. In judicial debate, the plaintiff and his/her representative shall be the first to speak.

3. Third parties without independent claims shall speak in judicial debates after the person by whose side they participate.

4. The third person who has filed independent claims on the subject matter of the dispute and his/her representative in the judicial debate shall speak after the parties.

5. At the petition of the parties and third parties, only their representatives may speak in judicial debates. The court may order the case party to determine whether only such a party or only his/her representative will deliver a speech.

6. Bodies and persons who are legally authorised to apply to the court in the interests of other persons shall be the first to speak in judicial debate. They shall be followed by the persons in whose interests the proceedings are opened.

7. The duration of the judicial debate shall be determined by the presiding judge, taking into account the case parties' opinions on the basis of a reasonable time for delivering speeches. The presiding judge may suspend a speaker only when he/she goes beyond the scope of the case before the court, or repeats himself, or substantially exceeds the time limits set by the court for delivering speeches in judicial debate. With the permission of the court, the speakers may exchange remarks. The right of a closing remark shall always belong to the defendant and his/her representative.

Article 243. Return to clarification of the case circumstances

1. If during the judicial debate there is a need to clarify new circumstances relevant to the case or to examine new evidence, the court shall issue a ruling to return to clarifying the case circumstances. After clarifying the circumstances of the case and verifying them with evidence, the judicial debate shall be held in the general order.

Article 244. Leave of the court for adoption of a judgment

1. After the judicial debate, the court shall leave to the deliberation room (a room that is specially equipped for adoption of judgments) to adopt a judgment, having announced the approximate time of its proclamation.

2. If during the adoption of a judgment there is a need to clarify any circumstance by repeated interrogation of witnesses or performing a certain procedural action, the court, without making a judgment, shall issue a ruling to resume the court consideration.

3. Consideration of the case in the event established by part 2 of this Article shall be conducted exclusively within the framework of clarification of the circumstances that require additional verification.

4. After the end of the repeated case consideration, depending on its results, the court shall open the judicial debate on the further investigated circumstances and go to the deliberation room to adopt a judgment or, if it is impossible to take the necessary procedural actions in this court hearing, shall announce a break.

Article 245. Secrecy in deliberation room

1. No one shall have the right to be present in the deliberation room during the adoption of a judgment, except the judges hearing the case.

2. While being in the deliberation room, a judge shall not have the right to consider other court cases.

3. Judges shall not have the right to disclose the progress of the discussion and adoption of a judgment in the deliberation room.

Article 246. Adoption of a judgment on the court costs

1. If a party cannot provide evidence confirming the amount of court costs incurred before the end of the judicial debate in the case due to a reasonable excuse, the court on the application of such a party filed before the end of the judicial debate in the case may resolve an issue on court costs after the judgment on the merits of the claims has been adopted.

2. To resolve the issue of court costs, the court shall appoint a court hearing, which shall be held no later than twenty days from the date when the judgment on the merits of the claims has been adopted.

3. In the case specified in part 2 of this Article, the court shall make an additional judgment in the manner prescribed by Article 270 of this Code.

Chapter 7. Trial recording

Article 247. Recording of the court hearing by technical means

1. During the court hearing of the case the court shall make a full recording of the court hearing by means of video and (or) sound recording equipment in the manner prescribed by the Regulations on the Unified Judicial Information and Telecommunication System.

If there are objections from any of the trial participants against the full recording of the court hearing with the help of video recording equipment, such recording shall be carried out only by means of audio recording equipment.

2. The court hearing shall be recorded by technical means by a secretary of the court hearing. In case of non-appearance of all case parties or if under the provisions of this Code, the case is considered by the court in the absence of the parties, the trial shall not be recorded by means of sound recording equipment.

3. Full or partial reproduction of the technical record of the court hearing shall be carried out at the request of the case party, or at the initiative of the court.

4. Technical record of the court hearing shall constitute an appendix to the minutes of the court hearing and after the end of the court hearing it shall be attached to the case files.

5. The case party shall have the right to receive a copy of the technical record of the trial.

6. The amount of the court fee for the a copy of the technical record of the court hearing in electronic form shall be established by law.

Article 248. Minutes of the court hearing

1. At a court hearing, the secretary of the court hearing shall keep the minutes of the court hearing, except for the cases provided for by this Code.

2. The minutes of the court hearing shall contain the following information:

1) year, month, date and place of the court hearing;

2) name of the court hearing the case, the names and initials of the judge, the secretary of the court hearing;

3) the case under consideration, names (titles) of the parties and other case parties;

4) serial number of the procedural action;

5) name of the procedural action;

6) time of the procedural action;

7) court rulings issued at the court hearing without going to the deliberation room;

8) other information specified by this Code.

3. The minutes of the court hearing shall be kept by the secretary of the court hearing and shall be signed by him/her immediately, but not later than the next day after the court hearing and shall be attached to the case.

Article 249. Remarks on the technical record of the court hearing, the minutes of the court hearing and their consideration

1. The case parties shall have the right to get acquainted with the technical record of the court hearing, the minutes of the court hearing and within five days from the date of proclamation of the judgment in the case to submit to the court the written comments on incompleteness or inaccuracy of their recording.

2. The presiding judge shall consider the comments on the technical record of the court hearing and the minutes of the court hearing, and shall issue the relevant ruling.

3. In case of failure to submit the comments within the set period, and if there are no grounds for its renewal, the presiding judge shall leave them without consideration.

4. Comments on the technical record of the court hearing or the minutes of the court hearing shall be considered no later than five days from the date of their submission.

Article 250. The procedure for drawing up and execution of protocols on individual procedural actions

1. During the commission of an individual procedural action outside the court hearing, the minutes shall be drawn up. Technical means can be used for its compilation.

2. The following information shall be indicated in the minutes of committing an individual procedural action:

1) year, month, date and place of the procedural action;

2) commencement time of the procedural action;

3) name of the court hearing the case, the names and initials of the judge, the secretary of the court hearing;

4) the case under consideration, the names (titles) of the case parties;

5) information on the appearance of the case parties, experts, specialists, interpreters, witnesses;

6) information on clarification to the parties and other case parties of their procedural rights and obligations;

7) all orders of the presiding judge and rulings, data on the use of technical means of recording the trial;

8) statements and petitions of the parties and other case participants;

9) the main content of the explanations of the parties, third parties, their representatives and other case participants, as well as the testimony of witnesses, oral clarification by experts of their conclusions and answers to additional questions posed to them; consultations and conclusions of specialists;

10) the evidence, and if the evidence is not attached to the case, then the number, date and content of written evidence, description of evidence shall be indicated;

11) completion time of the procedural action;

12) other information specified by this Code.

3. The minutes shall be drawn up no later than the next day after performing a separate procedural action.

4. The minutes shall be signed by the presiding judge and the secretary of the court hearing, attached to the case and kept in the prescribed manner together with its files.

5. Written comments on the incompleteness or inaccuracy of the minutes of an individual procedural action shall be submitted to the court within five days from the date of its signing and shall be considered by the court according to Article 249 of this Code.

Chapter 8. Suspension and closure of proceedings. Leaving the claim without consideration

Article 251. Obligation of the court to suspend the proceedings

1. The court shall be obliged to suspend the proceedings in the case of:

1) death of an individual who was a party to the case, or recognition him/her deceased, if the disputed legal relationship allows succession;

2) the service of a party or a third party who declares independent claims on the subject matter of the dispute, in the Armed Forces of Ukraine or other military formations formed under the law, transferred to martial law status or involved in an anti-terrorist operation;

3) appointment or replacement of a legal representative in the cases provided for in Article 63 of this Code;

4) granting the parties in the divorce case a term for conciliation;

5) adopting a judgment on settlement of a dispute with the participation of a judge;

6) the objective impossibility of considering this case before resolving another case, which is considered in the order of constitutional proceedings, administrative, civil, commercial or criminal proceedings, until the entry into force of a judgment in another case; the court may not refer to the objective impossibility of considering the case in the event when the collected evidence allows to establish and assess the circumstances (facts) that are the subject of the court consideration.

2. The court shall deliver a ruling on the issues specified in this Article.

Article 252. The right of the court to suspend the proceedings

1. The court may, at the request of a party to the case, as well as on its own initiative, suspend the proceedings in the following cases:

1) alternative (non-military) service of the case party not at the place of residence, or the compulsory military service;

2) the disease of the case party, confirmed by a medical certificate, which excludes the possibility of appearing in court for a long time;

3) long-term official trip of the case party;

4) search for the defendant in case of impossibility to consider the case in his/her absence;

5) appointment of expert examination by the court;

6) sending a court order to collect evidence according to the procedure established by Article 87 of this Code;

{Clause 7 of part 1 of Article 252 has been deleted under Law No. 460-IX of 15.01.2020}

8) application with a court order for the provision of legal aid, service of a summons to court or other documents to a foreign court or other competent authority of a foreign state;

9) adoption of a ruling on temporary seizure of evidence by the state executor for examination by a court;

10) review of a judgment in a similar legal relationship (in another case) in cassation by a chamber, a joint chamber, the Grand Chamber of the Supreme Court.

2. It shall not be allowed to suspend the proceedings in the case on the recovery of alimony on the grounds of a dispute over paternity (maternity), determination of the child's place of residence, participation of one of the parents or relatives in the child's upbringing, communication with the child.

3. The court shall not suspend the proceedings in the cases established by clauses 1–3 of part 1 of this Article, if the absent party conducts the case through his/her representative.

4. The court shall issue a ruling on the issues specified in this Article.

Article 253. Period for suspension of the proceedings

1. Proceedings in the case shall be suspended in the cases stipulated in:

1) clauses 1, 3 of part 1 of Article 251 of this Code, to involve a successor or legal representative in the case;

2) clause 2 of part 1 of Article 251 of this Code until the termination of the service of a party or a third party who declares independent claims on the subject matter of the dispute, in the Armed Forces of Ukraine or other military formations formed under the law, transferred to martial law status or involved in an anti-terrorist operation;

3) clause 4 of part 1 of Article 251 of this Code, until the expiration of the period for conciliation determined by the court;

4) clause 5 of part 1 of Article 251 of this Code, until the termination of the settlement of the dispute with the participation of a judge;

5) clause 6 of part 1 of Article 251 of this Code, until the entry into force of a judgment on which the resolution of the case depends;

6) clause 1 and 3 of part 1 of Article 252 of this Code, until the termination of the alternative (non-military) service outside the place of residence or military service; in the official trip;

7) clause 2 of part 1 of Article 252 of this Code, for the period of a case party's illness;

{Clause 7 of part 1 of Article 253 as amended by Law No. 2234-VIII of 07.12.2017}

8) clause 4 of part 1 of Article 252 of this Code, to search for the defendant;

9) clause 5 of part 1 of Article 252 of this Code, for the period of the examination;

10) clause 6 of part 1 of Article 252 of this Code, until the receipt of the court response to the order on collection of evidence;

{Clause 11 of part 1 of Article 253 has been deleted under Law No. 460-IX of 15.01.2020}

12) clause 8 of part 1 of Article 252 of this Code, before receiving a response from a foreign court or other competent authority of a foreign state to the court order for legal aid, summons to court or other documents;

13) clause 9 of part 1 of Article 252 of this Code, until the end of enforcement proceedings for the seizure of evidence for examination by the court;

14) clause 10 of part 1 of Article 252 of this Code, until the end of the review in cassation.

Article 254. Resumption of proceedings

1. Proceedings in the case shall be resumed at the request of the case parties or at the initiative of the court no later than ten days from the date of receipt by the court of the notice of elimination of the circumstances that caused its suspension. The court shall issue a ruling on the resumption of proceedings in the case.

2. From the day of resumption of proceedings in the case the course of procedural period shall continue.

3. The proceedings shall continue from the stage at which they were suspended.

Article 255. Grounds for closing case proceedings

1. The court shall close the case proceedings if:

1) the case is not subject to consideration in civil proceedings;

2) there is no subject of the dispute;

3) there is an enforced judgment or ruling to close the case proceedings adopted or approved in relation to the dispute between the same parties, on the same subject and on the same grounds, or there is a court order that has entered into force on the same requirements;

4) the plaintiff waived the claim and the waiver was accepted by the court;

5) the parties have concluded a settlement agreement and it has been approved by a court;

6) the court shall establish the circumstances that are the basis for the refusal to initiate proceedings under clauses 4, 5 of part 1 of Article 186 of this Code;

7) an individual who was one of the case parties is dead or recognised as deceased, the same concerning the legal entity that has been liquidated, if the disputed legal relationship does not allow for legal succession.

8) after the opening of proceedings in the case, the parties concluded an agreement to transfer the dispute to arbitration court, unless the court finds that such an agreement is null and void, has ceased to be effective or cannot be enforced.

2. The court shall issue a ruling on the closure of the case proceedings, as well as decide on the distribution of court costs between the parties, the return of the court fee from the state budget.

3. The court ruling to close the proceedings may be appealed.

Article 256. Consequences of closing case proceedings

1. If the proceedings are closed on the grounds specified in clause 1 of part 1 of Article 255 of this Code, the court must explain to the plaintiff about the court, whose jurisdiction is subject to consideration of the case. The court of appeal or court of cassation must also explain to the plaintiff that he/she shall have the right to refer the case to the established jurisdiction, except in cases of combining several claims into one proceeding that are subject to consideration under different proceedings, within ten days from the date of receipt of the relevant resolution to apply to the court The application shall be submitted to the court that adopted the decision to close the proceedings.

In the event the court receives a case to be considered in civil proceedings, after the closure of the proceedings by the Supreme Court or the appellate court in commercial or administrative proceedings, the case proceedings may not be closed on the grounds established by clause 1 of part 1 of Article 255 of this Code.

{Part 1 of Article 256 as revised by Law No. 460-IX of 15.01.2020}

2. In case of closure of the case proceedings, repeated appeal to the court regarding a dispute between the same parties, on the same subject and on the same grounds shall not be allowed. The existence of a ruling to close the proceedings in connection with the acceptance of the plaintiff's waiver of the claim shall not deprive the defendant in this case of the refer to a court to resolve this dispute.

Article 257. Leaving the claim without consideration

1. The court shall rule to leave the claim without consideration if:

1) the claim is filed by a person who does not have civil procedural dispositive legal capacity;

2) the statement of claim on behalf of the interested person is filed by a person who does not have the authority to consider the case;

3) the duly notified plaintiff did not reappear in court or did not report the reasons for non-appearance, unless he/she received an application for consideration of the case in his/her absence and his/her absence does not preclude consideration of the case;

4) in the proceedings of this or other court there is a case of a dispute between the same parties, on the same subject and on the same grounds;

5) the plaintiff before the start of the case on the merits filed an application to leave the claim without consideration;

6) the parties entered into an agreement to transfer the dispute to arbitration court, and the objections to the dispute resolved in court were obtained from the defendant, no later than the commencement of the case consideration on the merits, but before he/she submitted the first statement on the merits of the dispute, unless the court recognises that such agreement is null and void, has ceased to be effective or cannot be enforced;

7) a person with the civil procedural dispositive legal capacity, in whose interests, in the cases established by law, proceedings have been opened on the application of another person, does not agree with the stated requirements and a corresponding application has been received from him/her;

8) the proceedings were opened on the application filed in violation of the requirements set forth in Articles 175 and 177 of this Code, and the court fee was not paid and the plaintiff did not eliminate these deficiencies within the period established by the court;

9) the plaintiff without a reasonable excuse did not submit the evidence required by the court, necessary to resolve the dispute;

10) the plaintiff within the period specified by the court did not contribute the funds to secure the court costs of the defendant and the defendant filed an application to leave the claim without consideration;

11) after the proceedings were opened, the court found that the plaintiff filed another claim (claims) to the same court against the same defendant (defendants) with the same subject matter and on the same grounds and in respect of such claim (claims) at the time of resolving the issue of opening of proceedings in the case under consideration; if a ruling to open or refuse to open proceedings, return the statement of claim or leave the claim without consideration is not adopted;

12) the parties have concluded an agreement on the transfer of a dispute to a court of another state, if the right to enter into such an agreement is provided by law or international treaty of Ukraine, unless the court finds that such an agreement contradicts the law or international treaty of Ukraine, is null and void, has ceased to be effective or cannot be enforced.

2. A person whose claim has been left without consideration, after eliminating the conditions that were the basis for leaving the application without consideration, shall have the right to apply to the court again.

3. In the ruling to leave the claim without consideration the issues on distribution of the court costs between the parties or the issues on the court fees refund from the state budget may be resolved.

Chapter 9. Judgments

Article 258. Types of judgments

1. The judgments shall mean:

1) rulings;

2) judgments;

3) resolutions;

4) court orders.

2. Procedural issues related to the progress of the case in the court of first instance, petitions and applications of persons involved in the case, issues of the case postponement, announcement of postponement, suspension or closure of proceedings, leaving the application without consideration, and in other cases provided by this Code, shall be resolved by the court by issuing the rulings.

3. Consideration of the case on the merits by the court of first instance shall result in adoption of a judgment.

4. Review of judgments in the appellate and cassation procedure shall result in adoption of a resolution.

5. In the cases provided for by this Code, the case consideration shall result in approval of a ruling or the issuance of a court order.

Article 259. Procedure for adoption of judgments

1. Courts shall adopt judgments and rulings on behalf of Ukraine immediately after the case consideration ends.

2. Judgments and rulings shall be adopted, drawn up and signed in the deliberation room by the judges that considered the case.

3. If several interrelated independent claims are combined in one proceeding, the court may adopt a partial judgment on any claim and continue the proceedings regarding the unresolved claims. If a single person is a defendant in the claims combined in one proceeding, the partial judgment shall not be adopted in case the defendant gives reasonable objections.

The court may decide on the distribution of court costs in an additional judgment after the judgment on the merits of the case has been adopted.

4. Court rulings, which are drawn up in a separate document, shall be adopted in the deliberation room, other rulings may be adopted by the court without leaving to the deliberation room.

5. Court rulings issued by a separate document shall be signed by the judge (judges) and attached to the case. Rulings made by the court without leaving to the deliberation room shall be recorded in the minutes of the court hearing.

6. In exceptional cases, depending on the case complexity, the full judgment (ruling) of the court may be postponed for a period not exceeding ten days, and if the case is considered in a simplified action proceedings, it may be postponed for not more than five days from the end of the case consideration.

The drafting of the full text of the ruling, depending on the case complexity, may be postponed for a period not exceeding five days from the date of announcement of the introductory and operative parts of the ruling.

The judgment, containing the introductory and operative parts, must be signed by the entire court and attached to the case.

7. Corrections in judgments and rulings must be provided for before the judge's signature.

8. All judgments shall be set out in writing in paper and electronic forms.

judgments shall be set out in electronic form using the Unified Judicial Information and Telecommunication System by filling in the appropriate forms of procedural documents provided by the Regulations on the Unified Judicial Information and Telecommunication System and signed by an electronic digital signature of a judge (if a case is considered by panel of judges, it shall be signed by electronic digital signatures of all judges who are members of the panel).

Article 260. Contents of the court ruling

1. A ruling which is stated in a separate document shall comprise:

1) introduction where the following shall be stated:

a) date and place of its adoption;

b) name of the court, surname and initials of the judge (judges);

c) names (titles) of the case parties;

2) the descriptive part indicating the essence of the petition and the name (title) of the person who filed it, or another issue to be resolved by the ruling;

3) the reasoning with the indication of the reasons as the grounds for the court's conclusions, and the law, to which the court referred while issuing the ruling;

4) the operative part containing:

a) court conclusions;

b) the term and procedure for entry into force of the ruling and its appeal.

2. A ruling adopted under Articles 460, 479 and 487 of this Code shall also comply with the requirements contained in those Articles.

Article 261. Entry into force of the ruling

1. A ruling shall enter into force immediately after its proclamation, unless otherwise provided for by this Code.

2. The rulings rendered by a court outside a court hearing or at the court hearing in case of non-appearance of all case parties, consideration of the case without notification (summons) of the case parties shall take legal effect from the moment of their signing by the judge (judges).

Article 262. Separate court ruling

1. If the court has identified any violations of the law or deficiencies in the activities of a legal entity, state or other authorities, other persons, shall issue a separate ruling, regardless of whether they are participants in the proceedings.

2. The court may issue a separate ruling in case of abuse of procedural rights, violation of procedural obligations, improper performance of professional obligations (including if the statement of claim signed by lawyer or prosecutor contains significant deficiencies) or other violation of the law by lawyer or prosecutor.

3. The court may issue a separate ruling regarding the state executor, other official of a state executive service authority, a private executor and send it to the authorities whose powers include bringing such persons to disciplinary responsibility, or to the pre-trial investigation authority if the court concludes that there are any signs of a criminal offence in the actions (omissions) of such persons.

4. The court shall issue a separate ruling regarding a witness, expert or interpreter if during considering a case it finds any false testimonials, false expert conclusion or incorrect translation, evidence forgery, and shall send it to the prosecutor or the pre-trial investigation authority.

5. In a separate ruling, the court shall indicate the law or other regulatory act (including its article, clause, etc.), whose requirements are violated, having specified the core of violation.

6. A separate ruling shall be sent to the relevant individuals and legal entities, state and other authorities, officials, being capable of eliminating the deficiencies or violations identified by the court or preventing their recurrence, according to their powers. A separate ruling on the prosecutor or lawyer shall be sent to the authority whose powers include bringing the prosecutor or lawyer to disciplinary responsibility, respectively.

7. In order to ensure the implementation of the instructions contained in a separate ruling, the court shall set a period for giving an answer, depending on the content of the instructions and the time required for their implementation.

8. A separate ruling may be issued by a court of first instance, appellate or cassation courts.

9. A separate ruling may be appealed by the persons it concerns. A separate ruling of the Supreme Court shall not be subject to appeal.

10. The court of higher instance may issue a separate ruling in case the court of lower instance violates the rules of substantive or procedural law, regardless of whether such violations are grounds for revocation or change of the judgment. The Grand Chamber of the Supreme Court shall have the same powers over the referral of cases to the Grand Chamber of the Supreme Court.

11. A separate ruling on violation of the law, which contains signs of a criminal offence, shall be sent to the prosecutor or the pre-trial investigation authority, which must provide the court with an answer about the measures taken by them within the period specified in a separate ruling. At the request of the prosecutor or the pre-trial investigation authority, this period may be extended.

Article 263. Legality and validity of the judgment

1. A judgment must be based on the rule of law, be lawful and reasonable.

2. A judgment adopted by a court under the norms of substantive law in compliance with the norms of procedural law shall be considered lawful.

3. The judgment must correspond to the task of civil proceedings defined by this Code.

4. In choosing and applying the rule of law to the disputed legal relationship, the court shall take into account the conclusions on the application of the relevant rules of law set out in the resolutions of the Supreme Court.

5. A reasoned judgment shall mean the judgment made on the basis of fully and comprehensively clarified circumstances, to which the parties refer as the basis of their claims and objections, supported by the evidence that was examined at the hearing.

6. If one of the parties has acknowledged the claim filed against him/her during the trial in whole or in part, the judgment regarding this party shall be made by the court under such recognition unless it contradicts the requirements of Article 206 of this Code.

Article 264. Issues resolved by the court during the adoption of the judgments

1. While adopting a judgment, the court shall resolve the following issues:

1) whether there were circumstances (facts), which substantiated the claims and objections, and what evidence they are confirmed with;

2) whether there are other factual data that are relevant to the case and evidence to support them;

3) what legal relations of the parties follow from the established circumstances;

4) what legal norm is applicable to these legal relations;

5) whether the claim should be satisfied or dismissed;

6) how to distribute court costs between the parties;

7) whether there are grounds to allow immediate enforcement of the judgment;

8) whether there are grounds for cancellation of measures to secure the claim.

2. While adopting a judgment, the court may not go beyond the claims.

3. While adopting a judgment, upon the application of the plaintiff filed before the end of the preparatory proceedings, the court may invalidate the unlawful deed in whole or in part that is related to the subject matter of the dispute, if the plaintiff proves that he/she could not include the relevant claim to the statement of claim for the reasons beyond his/her control.

Article 265. Content of the judgment

1. The judgment shall consist of introductory, descriptive, reasoning and operative parts.

2. The introductory part of the judgment shall contain:

1) date and place of its adoption;

2) name of the court;

3) surname and initials of the judge or composition of the panel of judges;

4) surname and initials of the secretary of the court hearing;

5) case number;

6) name (title) of the parties and other case parties;

7) plaintiff's claims;

8) surnames and initials of the representatives of the case parties.

3. The descriptive part of the judgment shall contain:

1) a summary of plaintiff's opinion and the defendant's objections;

2) statements, petitions;

3) other procedural actions in the case (securing evidence, taking measures to secure the claim, suspension and resumption of proceedings, etc.).

4. The reasoning part of the judgment shall contain:

1) the factual circumstances established by the court and the content of the disputed legal relationship, with reference to the evidence on the basis of which the relevant circumstances have been established;

2) evidence rejected by the court and the reasons for their rejection;

3) a reasoned evaluation of each argument presented by the case parties on the presence or absence of grounds for satisfaction of the claim, unless the argument clearly does not relate to the subject matter of the dispute, is clearly unfounded or unacceptable given the law or the established case law;

4) whether and by whom the rights, freedoms or interests were violated, not recognised or disputed, with an appeal to the court having been submitted to protect these rights, freedoms or interests;

5) the rules of law applied by the court and the reasons for their application;

6) the rules of law referred to by the parties, not applied by the court, and the reasons for their non-application.

5. The operative part of the judgment shall contain:

1) the conclusion of the court on the claim satisfaction or on the claim dismissal in whole or in part in respect of each of the stated claims;

2) distribution of court costs;

3) the term and procedure for the entry into force of the judgment and its appeal;

4) full title (for legal entities) or name (for individuals) of the parties and other case participants, their location (for legal entities) or place of residence or stay (for individuals), identification code of the legal entity in the Unified State Register of Enterprises and Organisations of Ukraine, taxpayer identification number of the parties (for individuals) (if any) or the number and series of passports for individuals that are the citizens of Ukraine;

6. The conclusion of the court on the claim satisfaction or on the claim dismissal in whole or in part in respect of each of the stated claims may not depend on the occurrence or non-occurrence of certain circumstances (conditional judgment).

7. If necessary, the operative part shall also contain:

1) the procedure and period for the judgment enforcement;

2) granting a postponement of enforcement or enforcement in installments of a judgment;

3) ensuring the judgment enforcement;

4) return of the court fee;

5) appointment of a court hearing to resolve the issue of court costs, date, time and place of its holding; period for submission by the party, upon whose petition such court hearing is held, of evidence on the amount of court costs incurred by him/her;

6) the date when the full judgment has been drawn up.

8. When considering the initial claim and counter-claims and when considering the claim of a third party with independent claims, the results of consideration of each claim shall be specified in the judgment.

9. In a dispute arising from the conclusion or amendment of a contract, the operative part shall indicate the decision on each disputable condition of the contract, and in a dispute on the incentive to enter into a contract, it shall indicate the conditions under which the parties are obliged to enter into a contract, with a reference to the draft contract submitted by the plaintiff.

10. When deciding on the recovery of a debt subject to the accrual of interest or late charge, the court may state in the judgment of accrual of the relevant interest or late charge until the enforcement of the judgment, taking into account the provisions of Ukrainian law governing such accrual.

11. The final amount of interest (late charge) in this case shall be calculated according to the rules specified in the judgment, the authority (person) that enforces the judgment and the relevant actions (judgments) which can be appealed in the manner prescribed by section VII of this Code.

12. In case of partial satisfaction of the initial claim and counter-claims for recovery of sums of money, the court shall counter-accrue such sums and collect the difference between them in favour of the party to which the larger sum of money was awarded.

13. If the court invalidates the loan contract in which the borrower's performance of his/her obligations is secured by a pledge of property, as well as in case of invalidation of the pledge contract, which ensures the borrower's performance of his/her obligations under the loan contract, the court shall seize such property. Such seizure may be lifted on the grounds provided for by law.

Article 266. judgment in favour of several plaintiffs or against several defendants

1. Adopting a judgment in favour of several plaintiffs or against several defendants, the court shall indicate the part of the judgment which applies to each of them, or indicate that the obligation or right of recovery is joint and several.

Article 267. Determination of the procedure and period for judgment enforcement, securing its enforcement

1. The court that has adopted a judgment may determine the procedure for its enforcement, grant a postponement or enforce in installments, take measures to ensure its enforcement, and shall indicate thereof in the judgment.

2. Securing the judgment enforcement shall be carried out in the order of securing the claim. Securing the judgment enforcement shall be cancelled after the defendant has fully complied with the judgment.

Article 268. Pronouncement of a judgment

1. The judgment shall be pronounced in a court hearing, which concludes the consideration of the case, in public, except in cases established by this Code. The court may pronounce only the introductory and operative parts of the judgment.

2. When pronouncing the judgment, the judge shall not announce the following information regarding the case parties:

1) place of residence or stay of individuals with address, telephone numbers or other means of communication, e-mail address, taxpayer identification numbers, details of identity documents, unique record numbers in the Unified State Demographic Register;

2) registration numbers of vehicles;

3) bank account numbers, payment card numbers;

4) information, for the protection of which a case was considered or the certain procedural actions were taken in the closed court hearing.

3. The presiding judge shall clarify the content of the judgment, the procedure and period of its appeal.

4. In case of non-appearance of all case parties at the court hearing, which concludes the consideration of the case, or consideration of the case without notification (summons) of the case parties, the court shall sign the judgment without its announcement.

5. The date of the judgment adoption shall be the date of its pronouncement (either full or abbreviated judgment). The date of the judgment adoption approved the absence of the case parties shall be the date when the full judgment has been executed.

6. In case of pronouncement at the court hearing only of the introductory and operative parts of the judgment, the court shall notify when the full judgment is be executed.

7. The judgment (full or abbreviated) shall be signed by the entire court composition on the day of its execution and attached to the case.

8. After the pronouncement of the judgment, the court that passed it may not revoke or change this judgment, unless otherwise specified by this Code.

9. Judgments shall be pronounced immediately after their adoption according to the rules for pronouncement of judgments.

10. In the ruling issued by the court without leaving to the deliberation room, the conclusion of the court and the reasons of such conclusion shall be announced.

Article 269. Correction of clerical errors and arithmetic errors in a judgment

1. The court may, on its own initiative or at the request of the case parties, correct clerical errors or arithmetic errors made in the judgment or ruling.

2. The issue of making corrections shall be resolved without notifying the case parties, subject to adoption of the relevant ruling. At the initiative of the court, the issue of making corrections shall be resolved in a court hearing with the participation of the case parties, but their non-appearance shall not preclude consideration of the issue on entering corrections.

3. The application for entering corrections shall be considered within ten days after its receipt.

4. The ruling on entering corrections shall be sent to all persons to whom a judgment containing clerical errors or arithmetic errors has been issued or has been sent.

Article 270. Additional judgment

1. The court that adopted the judgment may, at the request of the case parties or on its own initiative, adopt an additional judgment if:

1) no judgment has been adopted in respect of a particular claim in respect of which the parties have submitted evidence and given explanations;

2) the court, having resolved the issue of the right, did not indicate the exact amount of money awarded for recovery, or the property to be transferred, or the action to be taken;

3) the court has not resolved the issue of court costs;

4) the court did not allow immediate enforcement of the judgment in the cases established by Article 430 of this Code.

2. An application for adoption of an additional judgment may be submitted before the expiration of the period for enforcement of the judgment.

3. The court that adopted the judgment shall adopt an additional judgment in the same composition within ten days from the date of receipt of the relevant application. An additional judgment shall be adopted in the same manner as the judgment.

4. If necessary, the court may summon the parties or other case participants to a court hearing. Failure to appear at the hearing of persons who have been duly notified of the date, time and place of the hearing shall not preclude consideration of the application.

5. An additional judgment or a ruling to refuse to adopt an additional judgment may be appealed.

Article 271. Clarification of a judgment

1. Upon the application of the case parties, the state executor, the private executor, the court shall explain the judgment that has entered into force, without changing the content of the judgment.

2. The filing of an application for clarification of a judgment shall be allowed if the judgment has not yet been enforced or the period during which the judgment may be presented for compulsory enforcement has not expired.

3. The court shall consider the application for clarification of the judgment in the order in which the relevant judgment was adopted, within ten days from the date of its receipt. If necessary, the court may summon the case parties, public or private executor at the court hearing. Failure to appear at the hearing of persons who have been duly notified of the date, time and place of the hearing shall not preclude consideration of the application for clarification of the judgment.

4. The court shall issue a ruling on the clarification or refusal to explain the judgment, which may be appealed.

Article 272. Service of a judgment

1. Full duplicate judgments shall be served to the case parties who were present at the court hearing immediately after the judgment was pronounced.

2. In case of pronouncement of only the abbreviated (introductory and operative parts) of the judgment, the case parties, who were present at the court hearing, shall be issued copies of the abbreviated judgment upon their application immediately after its pronouncement.

3. If the abbreviated judgment is pronounced at the court hearing, the court shall send to the case parties a copy of the full judgment within two days from the date of its execution in electronic form in the manner prescribed by law (if the person has an official e-mail address), or by registered letter with acknowledgment of receipt, if the person does not have such an address.

4. Upon the case party's application, a copy of the full judgment shall be served to him/her against a receipt directly in court.

5. The case parties who did not appear at the court hearing, or if the judgment was adopted outside the court hearing or without notice (summons) of the parties, a copy of the judgment shall be sent within two days from the date of its adoption in full electronically in the manner prescribed by law, if the person has an official e-mail address, or by registered letter with acknowledgment of receipt, if such an address is missing.

6. The day of service of the judgment shall be:

1) the day of service of the judgment against a receipt;

2) the day of receipt by the court of the notification on service of the duplicate judgment to the official e-mail address of the person;

3) the day of affixing in the postal message a mark that the judgment has been served;

4) the day of affixing in the postal message a mark on the refusal to receive the duplicate judgment or a mark on the absence of a person at the address of location, place of residence or stay of the person notified by this person to the court;

5) the day of affixing in the postal message a mark on the refusal to receive the duplicate judgement or a mark on the absence of a person at the address of location, place of residence or stay of the person registered in the manner prescribed by law, if this person did not inform the court of another address.

If a duplicate judgment is sent to the official e-mail address later than 5 pm, the judgment shall be considered serviced on the working day following the day of its sending, regardless of the receipt of the delivery notice by the court.

7. If a duplicate judgment is served to the representative, it shall be deemed to have been served also to the person he/she represents.

8. If the judgment prohibits the defendant to take certain actions or seizes his/her property and the enforcement of such a judgment will require actions by state authorities, local governments, their officials or officers, including making entries in the relevant registers, the duplicate judgment shall also be sent by the court to these authorities and (or) persons in the manner and within the period specified in this Article for immediate enforcement.

A duplicate judgment on declaring the assets unfounded and recovering them to the state revenue, which has entered into force, shall also be sent by the court to the relevant state authority, local government, head of enterprise, institution or organisation, state or elected authority empowered to decide on dismissal or termination of the powers of the person authorised to perform the functions of the state or local government, which is affected by the relevant judgment on the recognition of the assets unfounded and their recovery into state revenue.

{Part 8 of Article 272 has been supplemented with paragraph 2 under Law No. 263-IX of 31.10.2019}

9. Duplicate judgments may be reissued at the request of the person in the manner prescribed by law.

10. According to this Article, judgements shall be served by sending (issuing) to the relevant person a copy (text) of the full or abbreviated judgment, containing information about the web address of such a judgment in the Unified State Register of Court Decisions.

11. If the case is considered based on the materials in paper form, judgments shall be sent in paper form by registered letter with acknowledgment of receipt.

12. A person who did not take part in the case, but in respect of whom the court has decided on his/her rights, freedoms, interests and (or) obligations, may obtain in the court that considered the case as a court of first instance, a duplicate judgment approved by the court of any instance, that is stored in the case files.

Article 273. Entry into force of a judgment

1. The judgment shall take legal effect after the expiration of the term for filing an appeal by all case parties, if the appeal has not been filed.

2. In case of filing an appeal, the judgment, if it is not revoked, shall take effect after the return of the appeal, refusal to open or after closing the appeal proceedings or adoption of a ruling by court of appeal as a result of the appellate review.

3. If the case is considered upon the application of the persons specified in part 2 of Article 4 of this Code, the judgment that has entered into force shall be binding upon the person in whose interests the case was initiated.

4. If, after the judgment on recovering regular payments from the defendant has entered into legal force, the circumstances affecting certain amounts of payments, their duration or termination change, each party shall have the right to demand a change in the amount, terms of payment or exemption by filing a new statement of claim.

Chapter 10. Consideration of cases in simplified proceedings

Article 274. Cases considered in simplified action proceedings

1. In the simplified action proceedings the following cases shall be considered:

1) insignificant cases;

2) cases arising from labour relations;

3) cases on granting a permission by court for temporary departure of a child from Ukraine to a parent who lives separately from a child who has no arrears of alimony and who has been denied a notarially certified consent by the other parent to such departure.

{Part 1 of Article 274 has been supplemented with clause 3 under Law No. 2475-VIII of 03.07.2018}

2. Any other case falling within the jurisdiction of the court may be considered in the simplified action proceedings, except for the cases referred to in part 4 of this Article.

3. In resolving the issue on consideration of the case in the simplified or general action proceedings, the court shall take into account:

1) the cost of claim;

2) the significance of the case for the parties;

3) the remedy chosen by the plaintiff;

4) category and complexity of the case;

5) the amount and nature of evidence in the case, including whether it is necessary to appoint an expert in the case, call witnesses, etc.;

6) the number of parties and other case parties;

7) whether the consideration of the case is of significant public interest;

8) the opinion of the parties on the need to consider the case under the rules of simplified action proceedings.

4. Cases in the following disputes may not be considered by way of simplified action proceedings:

1) arising from family relations, except for disputes over the recovery of alimony, increasing their size, payment of additional expenses for the child, collection of penalties (late charge) for late payment of alimony, indexation of alimony, change of method of recovery, dissolution of marriage and division of property;

{Clause 1 of part 4 of Article 274 as amended by Law No. 460-IX of 15.01.2020}

2) on inheritance;

3) on the privatisation of state housing;

4) on the recognition of assets as unfounded and their recovery under chapter 12 of this section;

5) in which the cost of claim exceeds two hundred and fifty times the subsistence level for able-bodied persons;

{Clause 5 of part 4 of Article 274 as amended by Law No. 460-IX of 15.01.2020}

6) other claims combined with the claims in the disputes specified in clauses 1–5 of this part.

5. The court shall refuse to consider the case under the rules of simplified action proceedings or adopt a ruling to consider the case under the rules of general proceedings, if after the court accepts the plaintiff's application to increase the size of claims or change the subject of the claim the case cannot be considered under the rules of simplified claim proceedings.

Article 275. Term for consideration of the case in the order of simplified action proceedings

1. The court shall consider cases by way of simplified action proceedings within a reasonable period, but not more than sixty days from the date of the opening of the proceedings.

Article 276. Petition for case consideration in simplified action proceedings

1. The plaintiff's request for case consideration in simplified action proceedings shall be submitted in writing concurrently with the submission of the statement of claim, or may be included therein.

2. Such a request shall relate to the consideration in simplified action proceedings of the whole case and may not concern only a certain part of the claims, otherwise the court does not accept it for consideration, subject to indication in the ruling on opening the case proceedings.

Article 277. Resolution of the issue on case consideration in simplified action proceedings

1. The issue of case consideration in simplified action proceedings shall be resolved by the court in the ruling to open the case proceedings.

2. In the case provided for in part 2 of Article 274 of this Code, in result of consideration of the relevant plaintiff's petition, the court, taking into account the specific circumstances of the case may:

1) satisfy the petition and set a period for the defendant to file an application with objections to the case consideration in simplified action procedure; or

2) refuse to grant the petition and consider the case according to the rules of general action proceedings.

3. If the court, based on the results of consideration of the plaintiff's petition, concludes that the case is to be considered in simplified action proceedings, it shall indicate this in the ruling to open proceedings in the case.

4. If the defendant within the period prescribed by the court submits an application with objections to the case consideration in simplified action proceedings, the court, depending on the reasonableness of the defendant's objections shall issue a ruling on:

1) dismissal of the defendant's application;

2) consideration of the case according to the rules of general action proceedings and replacement of the hearing for consideration of the case on the merits by a preparatory hearing.

5. If the defendant does not file such objections within the period set by the court, he/she shall have the right to initiate the transition to consideration of the case under the rules of general action proceedings only if he/she proves that he/she missed the period due to reasonable excuse.

6. If the court decides to consider the case in a simplified action procedure, but subsequently decides to consider the case according to the rules of general action proceedings, the consideration of the case shall commence with the stage of opening proceedings. In this case, the return to the case consideration under the rules of simplified action proceedings shall not be allowed.

7. Parts 2–6 of this Article shall not apply if, according to this Code, the case is subject to consideration only in simplified proceedings.

Article 278. Peculiarities of filing applications on the merits of the case in a simplified action proceedings

1. The defence shall be filed within fifteen days from the date of service of the ruling to open the case proceedings.

2. The plaintiff shall have the right to submit to the court a response to defence, and the defendant shall have the right to submit an objection within the period set by the court in the ruling to initiate case proceedings.

3. Third parties shall have the right to submit an explanation of the claim within the period specified by the court in the ruling to open proceedings, and regarding the recall they shall have the right to submit it within ten days from the date of its receipt.

Article 279. Specifics of case consideration in simplified action proceedings

1. Consideration of a case by way of simplified action proceedings shall be carried out by a court under the rules established by this Code for consideration of a case by way of general action proceedings, with the specifics stipulated in this Chapter.

2. Consideration of the case on the merits by way of simplified proceedings shall commence with the opening of the first court hearing or in thirty days from the date of the opening of the case proceedings, if the court hearing is not held.

{Part 2 of Article 279 as amended by Law No. 2234-VIII of 07.12.2017}

3. If a court hearing is not held for case consideration in simplified action proceedings under this Code, procedural actions, the period of which is limited under this Code by the first court hearing in the case, may be taken within thirty days from day of the case proceedings opening.

A preparatory hearing for case consideration in simplified action proceedings shall not be held.

{Part 3 of Article 279 as revised by Law No. 2234-VIII of 07.12.2017}

4. The first court hearing in the case shall be held no later than thirty days from day of the case proceedings opening. At the petition of a party, the court may postpone the case in order to provide additional time to file a response to the defence and (or) objection, if they have not been submitted before the first court hearing for a reasonable excuse.

5. The court shall consider the case in the simplified action proceedings without notifying the parties on the basis of the materials available in the case, in the absence of an either party's petition on the other. At the petition of one of the parties or on the court's own initiative, the case shall be considered in court with a notification (summons) of the parties.

6. The court may refuse to satisfy the petition of a party to consider the case at the court hearing with the notification of the parties, if following conditions exist concurrently:

1) the subject of the claim is the recovery of the funds not exceeding one hundred times the subsistence level for able-bodied persons;

2) the nature of the disputed legal relationship and the subject of proof in the case do not require a court hearing with notification of the parties to fully and comprehensively establish the circumstances of the case.

7. The petition for consideration of the case at the court hearing with notification of the parties shall be filed by the defendant within the period for filing a defence, and the plaintiff shall file it together with the claim or no later than five days from the day when the notification has been received.

8. When considering the case in a simplified action proceedings, the court shall examine the evidence and written explanations set out in the statements on the merits, and in case of consideration of the case with notification (summons) of the parties, it shall also hear their oral explanations and testimony of witnesses. Judicial debates shall not be held.

Chapter 11. Consideration of the case in absentia

Article 280. Conditions for consideration of the case in absentia

1. The court may adopt a judgment in absentia on the basis of the evidence available in the case, provided that the following conditions exist:

1) the defendant is duly notified of the date, time and place of the court hearing;

2) the defendant did not appear in court without a reasonable excuse or without giving reasons;

3) the defendant did not file a defence;

4) the plaintiff does not object to such a judgment.

2. If several defendants participate in the case, consideration of the case in absentia shall be possible in case of non-appearance of all defendants in court.

3. In case the plaintiff changes the subject or grounds of the claim, changes the size of claims, the court shall postpone the court consideration to notify the defendant thereof.

Article 281. The procedure for consideration of the case in absentia

1. The court shall issue a ruling on the consideration of the case in absentia.

2. Consideration of the case and adoption of the judgment shall be carried out according to the rules of general or simplified action proceedings with the specifics established by this chapter.

Article 282. Form and content of the judgment in absentia

1. The form and content of the judgment in absentia shall meet the requirements set out in Articles 263 and 265 of this Code, and, in addition, it shall specify the time and procedure for submitting an application for its review.

Article 283. Notification on a judgment in absentia

1. Defendants who did not appear in court shall be sent a copy of the judgment in absentia in the manner prescribed by Article 272 of this Code.

Article 284. The procedure and period for submitting an application for review of a judgment in absentia

1. A judgment in absentia may be reviewed by the court that adopted it upon the written application of the defendant.

2. An application for the review of a judgment in absentia may be filed within thirty days from the date of its pronouncement.

3. A case party who has not been served with a full judgment in absentia on the day of its pronouncement shall have the right to renew the missed period for filing an application for review, if such application is filed within twenty days from the date of service of a full judgment in absentia.

4. The period for submitting an application for review of the judgment in absentia may also be renewed in case of omission for other reasonable excuses.

Article 285. Form and content of the application for review of the judgment in absentia

1. The application for the review of a judgment in absentia shall be submitted in writing.

2. The application for the review of a judgment in absentia shall contain:

1) name of the court that adopted the judgment in absentia;

2) name (title) of the defendant or his/her representative who submit the application, their place of residence or location, contact details;

3) circumstances indicating validity of the reasons for non-appearance at the court hearing and (or) failure to notify the court thereof, as well as the reasons for non-submission of the defence, and evidence thereof;

4) reference to the evidence used by the defendant to substantiate his/her objections to the plaintiff's claims;

5) a petition to review the judgment in absentia;

6) a list of materials attached to the application.

3. The application for review of the judgment in absentia shall be signed by the person submitting it.

4. The application for review of the judgment in absentia shall be accompanied by the duplicates according to the number of case parties and the duplicates of all materials attached to it.

5. To the application of the review of the judgment in absentia, submitted by the defendant's representative, shall be accompanied with the power-of-attorney or other document confirming its powers.

6. The document on payment of the court fee shall be attached to the application for review of the judgment in absentia.

7. To the application of the review of the judgment in absentia the evidence referred to by the applicant shall be attached.

8. The provisions of Article 185 of this Code shall apply to an improperly executed application for review of a judgment in absentia.

Article 286. Court actions after receipt of the application for the review of the judgment in absentia

1. Having accepted a duly executed application for the review of the judgment in absentia, the court shall immediately send a duplicate of it and duplicates of the materials attached to it to the other case parties. Concurrently, the court shall inform the parties about the date, time and place of consideration of the application.

2. The application for the review of the judgment in absentia shall be considered within fifteen days from the date of its receipt.

Article 287. The consideration procedure of the application for the review of the judgment in absentia

1. An application for the review of the judgment in absentia shall be considered at the court hearing. Non-appearance of the persons, who were duly notified of the date, time and place of the hearing shall not preclude consideration of the application.

2. The presiding judge shall open the court hearing and determine who of the case parties appeared, establish their identity, verify the representatives' powers, then announce the content of the application and clarify the opinion of the parties and other case parties regarding the requirements for the review of the judgment in absentia.

3. As a result of consideration of the application for the review of the judgment in absentia the court may by its ruling:

1) dismiss the application;

2) revoke the judgment in absentia and assign the case for consideration according to the rules of general or simplified action proceedings.

4. In case of dismissal of the application for the review of the judgment in absentia, the judgment in absentia may be appealed in the general procedure established by this Code. In this case, the period for appealing the judgment shall commence from the date of adoption of a ruling to dismiss the application for review of the judgment in absentia.

Article 288. Revocation and appeal of the judgment in absentia

1. The judgment in absentia shall be revoked if the court finds that the defendant did not appear in court and (or) did not report the reasons for non-appearance, as well as did not file a response to the statement of claim for a reasonable excuse, and the evidence to which he/she refers are essential for the proper resolution of the case.

2. The plaintiff shall have the right to appeal the judgment in absentia in the general procedure prescribed by this Code.

3. The plaintiff and the defendant may appeal against the repeated judgment in absentia according to the general procedure established by this Code.

Article 289. The legal force of the judgment in absentia

1. A judgment in absentia shall enter into force if, within the period established by this Code, no application for review of the judgment in absentia or an appeal is filed, or if the judgment is upheld as a result of the appellate review of the case.

Chapter 12.  Specifics of claim proceedings in cases of recognition of assets as unfounded and their recovery into state revenue

{Title of chapter 12 of section III as revised by Law No. 263-IX of 31.10.2019}

Article 290. Filing a claim to recognise assets unfounded and recover them into state revenue

1. A claim for recognition of assets as unfounded and their recovery into state revenue shall be filed and the representation of the state in court shall be carried out by the prosecutor of the Specialised Anti-Corruption Prosecutor's Office. In the cases on recognition of assets as unfounded and their recovery into state revenue regarding the assets of an employee of the National Anti-Corruption Bureau of Ukraine, a prosecutor of the Specialised Anti-Corruption Prosecutor's Office or assets acquired by others in the cases provided for in this Article, appeals to the court and representation of the state in court shall be carried out by prosecutors of the Prosecutors General's Office of Ukraine on behalf of the Prosecutor General.

2. A claim shall be brought in respect of:

assets acquired after the date of entry into force of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning Confiscation of Illegal Assets of Persons Authorised to Perform State or Local Government Functions and Punishment for Acquisition of Such Assets”, if the difference between their value and legal income of the person authorised to perform the functions of the state or local government is more than five hundred or more times the subsistence level for able-bodied persons established by law on the date of entry into force of this Law, but does not exceed the limit established by Article 3685 of the Criminal Code of Ukraine;

assets acquired after the date of entry into force of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning Confiscation of Illegal Assets of Persons Authorised to Perform State or Local Government Functions and Punishment for Acquisition of Such Assets”, if the difference between their value and legal income of the person authorised to perform the functions of state or local government is more than five hundred or more times the subsistence level for able-bodied persons established by law on the date of entry into force of this Law, and criminal proceedings under Article 3685 of the Criminal Code of Ukraine where these assets were the subject of the offence, has been closed based on clauses 3, 4, 5, 8, 10 of part 1 of Article 284 of the Criminal Code of Ukraine and the relevant judgment has become final.

income received from the assets specified in the paragraphs 2 and 3 of this part.

3. To determine the value of assets referred to in part 2 of this Article, the value of their acquisition shall be used, and in case of their acquisition free of charge or at a price below the minimum market value, the minimum market value of such or similar assets on the acquisition date shall be used.

4. A claim for recognition of assets as unfounded and their recovery into state revenue may be filed against a person who, being a person authorised to perform the functions of state or local government, has acquired the assets specified in part 2 of this Article, and/or to another individual or legal entity who has acquired such assets on behalf of a person authorised to perform the functions of state or local government, or if a person authorised to perform the functions of state or local government may directly or indirectly act in regard of such assets, similar to the exercise of the right to dispose of them.

5. The National Anti-Corruption Bureau of Ukraine and the Specialised Anti-Corruption Prosecutor's Office, and in cases specified by law, the State Bureau of Investigation and the Prosecutor General’s Office of Ukraine, shall take measures to identify unfounded assets and collect evidence of their invalidity.

6. In determining the difference between the value of acquired assets and legal income under part 2 of this Article, the assets taken into account in qualifying the act in ongoing criminal proceedings under Article 3685 of the Criminal Code of Ukraine shall not be taken into account in the judgment to close criminal proceedings, except for cases of its closure based on clauses 3, 4, 5, 8, 10 of part 1 of Article 284 of the Criminal Procedure Code of Ukraine, or in a court verdict under the specified Article of the Criminal Code of Ukraine, which have entered into force.

7. If the adoption of a judgment on the recognition of assets as unfounded and their recovery into state revenue may affect the rights and obligations of third parties in respect of such assets, the plaintiff shall concurrently with the filing of the claim to notify such third parties and file to the court a statement on their involvement in the case as third parties who do not make independent claims on the subject matter of the dispute. Such a statement shall be accompanied by evidence that the duplicates of the application have been sent to the persons, who will be involved as third parties with the relevant application submitted.

8. For the purposes of this chapter:

1) the term “assets” shall mean money (including cash, funds in bank accounts or in custody in banks or other financial institutions), other property, property rights, intangible assets, including cryptocurrencies, the amount of reduced financial obligations, as well as works or services provided to a person authorised to perform the functions of state or local government;

2) “acquisition of assets” shall mean the acquisition of assets by a person authorised to perform state or local government functions, as well as the acquisition of assets owned by another individual or legal entity, if it is proved that such acquisition was made on behalf of a person authorised to perform the functions of the state or local government, or that a person authorised to perform the functions of the state or local government may directly or indirectly perform actions regarding such assets identical in content to the exercise of the right to dispose of them;

3) persons authorised to perform the functions of the state or local government shall be the persons specified in clause 1 of part 1 of Article 3 of the Law of Ukraine “On Prevention of Corruption”;

4) employees of the National Anti-Corruption Bureau of Ukraine shall be the Director of the Bureau, his/her first deputy, deputy, senior staff and civil servants of the National Anti-Corruption Bureau of Ukraine;

5) the term “legal income” shall mean income lawfully received by a person from legal sources, including sources specified in clauses 7 and 8 of Article 46 of the Law of Ukraine “On Prevention of Corruption”;

{Article 290 as revised by Law No. 263-IX of 31.10.2019}

Article 291. Recognition of assets as unfounded

1. The court shall recognise the assets as unfounded if the court has not established on the basis of the submitted evidence that the assets or funds necessary for the acquisition of the assets in respect of which the claim for recognition thereof as unfounded was filed, were acquired at the expense of legal income.

{Part 1 of Article 291 as amended by Law No. 263-IX of 31.10.2019}

Article 292. Legal consequences of recognition of assets as unfounded

1. Assets recognised by a court according to Article 291 of this Code as unfounded shall be levied on into state revenue.

2. If the court under Article 291 of this Code recognises a part of the assets as unfounded, the defendant's part of assets recognised as unfounded shall be levied on into state revenue, and if it is impossible to allocate this part, its value shall be levied on to the state revenue.

3. If case of impossible foreclosure on assets recognised as unfounded, the defendant shall be obliged to pay the value of such assets or the foreclosure shall be enforced to other defendant's assets, which correspond to the value of unfounded assets.

{Part 3 of Article 292 as amended by Law No. 263-IX of 31.10.2019}

4. The assets recognised by the court as unfounded, or other defendant's assets, which correspond to the value of unfounded assets shall be recovered in the manner prescribed by the Law of Ukraine “On Enforcement Proceedings”, except for such recovery in the manner prescribed by the Law of Ukraine “On the National Agency of Ukraine for finding, tracing and management of assets derived from corruption and other crimes".

{Part 4 of Article 292 as revised by Law No. 263-IX of 31.10.2019}

Section IV
SEPARATE PROCEEDINGS

Chapter 1. General provisions

Article 293. Separate proceedings

1. Separate proceedings shall mean a type of non-litigious civil proceedings where civil cases are considered to confirm the presence or absence of legal facts relevant to the protection of the rights, freedoms and interests of a person or to create conditions for exercising personal non-property or property rights or confirmation of the presence or absence of undisputed rights.

2. The court shall consider in a separate proceeding a case on:

1) restriction of civil dispositive legal capacity of an individual, recognition of an individual as incapable and restoration of civil dispositive legal capacity of an individual;

1-1) limitation of an individual's opportunity to visit gambling establishments and participate in gambling;

{Part 2 of Article 293 has been supplemented with clause 1-1 under Law No. 768-IX of 14.07.2020}

2) granting full dispositive legal capacity to a minor;

3) recognition of an individual as missing or declaring him/her deceased;

4) adoption;

5) establishment of facts that have legal significance;

6) restoration of rights to the lost bearer securities and promissory notes;

7) transfer of immovable property in abeyance into municipal ownership;

8) recognition of the inheritance as escheat property;

9) providing a person with compulsory psychiatric care;

10) compulsory hospitalisation in antituberculosis facility;

11) disclosure by the bank of information containing banking secrecy concerning legal entities and individuals.

3. Cases on granting the right of marriage, on dissolution of marriage upon the application of the spouses having children, upon the application of any of the spouses, if one of them is sentenced to imprisonment, on the establishment of a regime of separate residence upon the application of the spouses and other cases as provided for by law shall be considered in separate proceedings.

4. In the cases established by clauses 1, 3, 4, 9, 10 of part 2 of this Article, consideration of cases shall be conducted by a court consisting of one judge and two jurors.

Article 294. Procedure for consideration of cases of separate proceedings

1. When considering cases of separate proceedings, the court shall explain to the parties their rights and obligations, assist in the exercise and protection of the rights, freedoms or interests of individuals or legal entities guaranteed by the Constitution and laws of Ukraine, take measures for comprehensive, complete and objective clarification of the case circumstances.

2. In order to clarify the case circumstances, the court may, on its own initiative, request the necessary evidence.

3. Cases of separate proceedings shall be considered by a court in compliance with the general rules established by this Code, except for the provisions on adversarial proceedings and the limits of judicial review. Other special provisions for consideration of these cases are established by this section.

4. Cases of separate proceedings shall be considered by the court with the participation of the applicant and interested persons.

The cases on dissolution of marriage upon the application of a person sentenced to imprisonment may be considered by a court with the participation of such person's representative.

5. Cases of separate proceedings may not be referred to arbitration and may not be closed due to the conclusion of a settlement agreement.

6. If during the case consideration in a procedure of separate proceedings there is a dispute about the right, which is resolved by way of action proceedings, the court shall leave the application without consideration and explain to the persons concerned that they have the right to file a claim on general grounds.

7. If a court adopts a judgment, court costs shall not be reimbursed, unless otherwise provided for by law.

8. The judgment on dissolution of marriage shall specify the choice of the surname of the spouse who changed the surname due to the state registration of the marriage subject to dissolution.

Chapter 2. Court consideration of cases on restriction of civil dispositive legal capacity of an individual, recognition of an individual as incapable and restoration of civil dispositive legal capacity of an individual

Article 295. Jurisdiction

1. An application for restriction of civil dispositive legal capacity of an individual, including a minor, or recognition of an individual as incapable shall be submitted to the court at the place of residence of this person, and if he/she is receiving treatment in a psychiatric care facility, it shall be submitted at the location of this facility.

2. The jurisdiction of cases on restriction of civil dispositive legal capacity or recognition of incapacity of a citizen of Ukraine residing outside shall be determined at the request of the applicant by a ruling of a judge of the Supreme Court.

Article 296. Persons who can be applicants

1. An application for restriction of civil dispositive legal capacity of an individual may be submitted by members of his/her family, guardianship authority, psychiatric care facility.

2. An application for restriction of the right of a minor to independently dispose of his/her earnings, scholarship or other income or deprivation of this right may be submitted by parents (adoptive parents), guardians, guardianship authority.

3. An application for recognition of an individual as incapable may be submitted by members of his/her family, close relatives, regardless of their joint residence, by a guardianship authority, by a psychiatric care facility.

Article 297. Application contents

1. The application for limitation of civil dispositive legal capacity of an individual shall contain the circumstances that indicate a mental disorder, significantly affect his/her ability to realise the significance of his/her actions and (or) manage them, or circumstances that confirm the actions in result of which the individual abuses alcohol, drugs, toxic substances, gambling, etc., puts himself/herself or his/her family, as well as other persons whom he/she is legally obliged to aliment, in a difficult financial situation.

2. The application for restriction of the right of a minor to independently dispose of his/her earnings, scholarship or other income or deprivation of this right shall contain the circumstances indicating negative material, mental or other consequences for the minor in result of exercising this right.

3. The application for recognition of an individual as incapable shall state the circumstances that indicate a chronic, persistent mental disorder, as a result of which the person is unable to realise the significance of their actions and (or) manage them.

Article 298. Appointment of expert examination

1. The court, in the presence of sufficient data on the mental disorder of an individual, shall appoint a forensic psychiatric examination to establish his/her mental condition.

2. In exceptional cases, when a person in respect of whom proceedings have been opened in the case of restriction of his/her civil dispositive legal capacity or recognition of his/her incapacity, clearly evades examination, the court at the court hearing with a psychiatrist may order the forcible referral of an individual to forensic psychiatric expert examination.

Article 299. Consideration of cases

1. Cases on restriction of civil dispositive legal capacity of an individual or recognition of an individual as incapable shall be considered by a court with the participation of the applicant, the person against whom the case on recognition of his/her incapacity is considered, and a representative of the guardianship authority. Taking into account the condition of health of the person in respect of whom the case of incapacitation is being considered, his/her participation in the case may take place by videoconference from a psychiatric or other medical institution where such person is, as the court notes in the ruling to open case proceedings.

The issue of summoning an individual in respect of whom the case of declaring him/her incompetent is being considered shall be decided in each case by a court taking into account his/her condition of health.

To determine the actual possibility of such a person to appear in court, as well as the possibility to personally explain the merits of the case, if necessary, the court may order an appropriate expert examination.

2. Legal costs related to the proceedings on the recognition of an individual incapacitated or restriction of civil dispositive legal capacity of an individual shall be borne by the state.

3. Having found that the applicant acted in bad faith without sufficient grounds for doing so, the court shall recover all the court costs from the applicant.

Article 300. judgment

1. While adopting a judgment on the restriction of civil dispositive legal capacity of an individual (including restriction or deprivation of the right of a minor to independently dispose of their income) or recognition of an individual incapable, the court shall establish trusteeship or guardianship over him/her and appoint guardian or a trusteeship upon recommendation of the guardianship authority.

2. Upon the application of the guardian authority or a person appointed by the trustee or guardian, the court shall within one month remove his/her powers of the guardian or trustee and appoint another person upon recommendation of the guardianship authority, subject to adoption of the relevant ruling. Upon the application of the person under guardianship, the court may release the guardian from his/her powers and appoint another guardian upon recommendation of the guardianship authority, subject to adoption of the relevant ruling.

The court shall consider the issue on dismissal of a guardian or trustee at the court hearing with the notification of the persons concerned. Non-appearance of these persons shall not preclude consideration of the issue on the dismissal of the guardian or trustee.

3. Revocation of a judgment on restriction of civil dispositive legal capacity of an individual and restoration of civil dispositive legal capacity of an individual whose civil dispositive legal capacity was limited shall be carried out by a judgment upon the request of the individual, his/her guardian, family members or guardianship authority.

4. Revocation of a judgment on recognition of an individual incapable and restoration of civil dispositive legal capacity of an individual who has been recognised incapable, in case of his/her recovery or significant improvement of his/her mental condition shall be carried out by a judgment on the basis of a forensic psychiatric expert examination upon the application of the guard, family members, guardianship authority or the individual, recognised incapable.

5. The judgment of the court after its entry into force shall be sent by the court to the guardianship authority, the authorities of the State Register of Voters at the place of residence of the individual.

6. The period of validity of the judgment on declaring an individual incapable shall be determined by a court, but may not exceed two years.

7. The petition for an extension of the validity period of a judgment on recognition of an individual incapable may be submitted by a guardian, a representative of the guardianship authority no later than fifteen days before the expiration of the period specified in part 6 of this Article.

{Part 7 of Article 300 as amended by Law No. 2234-VIII of 07.12.2017}

8. The petition for extension of the validity period of a judgment on recognition of an individual incapable shall contain circumstances indicating the continuation of a chronic, persistent mental disorder, as a result of which the person continues to be unaware of the significance of his/her actions and (or) manage them, confirmed by the conclusion of the forensic psychiatric expert examination.

9. The court shall consider the petition for an extension of the validity period of the judgment on recognition of an individual incapable until the expiration of its validity period according to the procedure established by Article 299 of this Code.

Chapter 2-1. Court consideration of cases on limitation of an individual's opportunity to visit gambling establishments and participate in gambling

Article 300-1. Jurisdiction

1. An application on limitation of an individual's opportunity to visit gambling establishments and participate in gambling shall be submitted to the court at the place of residence of such person.

Article 300-2. Persons who can be applicants

1. An application on limitation of an individual's opportunity to visit gambling establishments and participate in gambling may be submitted by the first-degree family members or by the legal representatives of such a person.

Article 300-3. Application contents

1. The application on limitation of an individual's opportunity to visit gambling establishments and participate in gambling shall state the circumstances confirming the grounds for restricting an individual in visiting gambling establishments and participation in gambling, namely:

1) the excess of costs spent on gambling over the personal income of the person who places himself/herself or his/her family in a difficult financial situation;

2) the person has debt obligations in the amount of more than 100 times the subsistence level of the able-bodied citizens;

3) the person fails to pay alimony for more than three months;

4) the person of his/her family members receive a housing subsidy or benefits for the payment of the utility services;

5) difficult financial situation of a person or his/her family members, as well as other persons whom he/she is obliged by law to aliment.

Article 300-4. Consideration of cases

1. Cases on limitation of an individual's opportunity to visit gambling establishments and participate in gambling shall be considered by the court with the participation of the applicant and the person in respect of whom the case is being considered.

2. Court costs related to the proceedings on limitation of an individual's opportunity to visit gambling establishments and participate in gambling shall be borne by the state.

3. Having found that the applicant acted in bad faith, without sufficient grounds for doing so, the court shall recover all the costs of the applicant.

Article 300-5. judgment

1. While adopting a judgment on limitation of an individual's opportunity to visit gambling establishments and participate in gambling, the court hall set the period of such limitation, which may not be less than the period established by the Law of Ukraine “On State Regulation of Activities involving Organization and Conducting of Gambling”.

2. After the judgment has entered into force, it shall be sent by the court to the state regulatory authority in the field of organisation and conduct of gambling.

{Section IV has been supplemented with chapter 2-1 under Law No. 768-IX of 14.07.2020}

Chapter 3. Court consideration of cases on granting full civil dispositive legal capacity to a minor

Article 301. Jurisdiction

1. An application of a minor who has reached the age of sixteen on granting full civil dispositive legal capacity in cases established by the Civil Code of Ukraine, without the consent of parents (adoptive parents) or guardian shall be submitted to the court at his/her place of residence.

2. The jurisdiction of cases on granting the full civil dispositive legal capacity to a minor who is a citizen of Ukraine and resides abroad, in the cases provided for in part 1 of this Article, shall be determined at the request of the applicant by a ruling of a judge of the Supreme Court.

Article 302. Application contents

1. The application on granting the full civil dispositive legal capacity to a juvenile shall contain information that the juvenile works under an employment contract or is the mother or father of a child according to the civil status record.

Article 303. Consideration of a case

1. Cases on granting the full civil dispositive legal capacity to a juvenile shall be considered by a court with the participation of the applicant, one or both parents (adoptive parents) or a guardian, as well as representatives of guardianship authority. The participation of guardianship authorities in the case shall be mandatory.

Article 304. judgment

1. Having considered the application on the full civil dispositive legal capacity to a juvenile on the merits, the court shall adopt a judgment that satisfies or dismisses the applicant's claims.

2. In case of satisfaction of the declared claim, a juvenile shall be granted full civil dispositive legal capacity after the judgment enters into force.

3. The judgment on granting the full civil dispositive legal capacity to a juvenile after its entry into force shall be sent to the guardianship authority.

Chapter 4. Court consideration of cases on recognising an individual as missing, or on declaring an individual as deceased

Article 305. Jurisdiction

1. An application on recognising an individual as missing, or on declaring an individual as deceased shall be submitted to the court at the applicant's place of residence or at the last known place of residence (stay) of an individual whose whereabouts are unknown or at the location of his/her property.

Article 306. Application contents

1. The application for recognising an individual as missing, or on declaring him/her as deceased shall state: the purpose because of which it is necessary for the applicant to recognise an individual as missing or to declare him/her as deceased; the circumstances confirming that the individual is missing, or the circumstances threatened the missing person with death or the circumstances giving grounds for supposing that he/she might have perished in a certain accident.

Article 307. Preparation of the case for consideration

1. Prior to consideration of the case, the court shall establish persons (relatives, co-workers, etc.) who may testify about an individual whose whereabouts are unknown, and shall also ask the relevant organisations at the last place of residence of the absent person (housing management organisation, authority of the registered place residence of individuals, and local governments), as well as at the last place of work on the availability of information about an individual whose whereabouts are unknown.

2. Concurrently, the court shall take measures through the guardianship authorities to establish trusteeship over the property of an individual whose whereabouts are unknown, if the trusteeship over the property has not yet been established.

Article 308. Consideration of a case

1. The court shall consider the case with the participation of the applicant, the witnesses mentioned in the application and persons whom the court itself deems necessary to interrogate, and shall decide to declare the individual missing or to declare him/her deceased.

2. After the judgment on declaring a natural person deceased has entered into force, the court shall send the judgment to the state civil registration authority for the registration of an individual as deceased, as well as to the notary at the place of opening of the inheritance; and in the settlement without a notary, the court shall send the judgment to the relevant local government to take measures on protection of the hereditary property. If there are several notaries in the settlement, as well as in cases where the place of opening of the inheritance is unknown, the judgment shall be sent to the state notary archive in order to transfer it to the authorised notary to take measures on protection of the hereditary property.

Article 309. Actions of the court in case of appearance of an individual who was declared missing or deceased

1. In case of receipt of an application on appearance of the individual who has been declared missing or deceased, or information about the whereabouts of this person, the court at the individual's place of residence or the court that has adopted a judgment on declaring the person missing or deceased shall set a date for consideration of the case with the participation of this individual, the applicant and other interested persons, as well as shall revoke its judgment on declaring the individual missing or deceased. The application may be filed by an individual who has been declared missing or deceased, or by another interested person.

2. The court shall send a copy of the judgment to the relevant state civil registration authority for cancellation of the death record.

Chapter 5. Court consideration of cases on adoption

Article 310. Jurisdiction

1. An application for the adoption of a child or a full-aged individual who does not have a mother, father or has been deprived of their care shall be submitted to the court at their place of residence.

Article 311. Application contents

1. The application for adoption of a child shall contain: name of the court where the application is filed, name, place of residence of the applicant, as well as surname, name, patronymic, age of the adopted child, his/her place of residence, information on the child's health condition. An application on the adoption of a child may also contain a request for a change of surname, name, patronymic, date, place of birth of the child, and a record of the applicant as the child's mother or father.

2. The following documents shall be attached to the application on adoption of a child, if any:

1) in case of adoption of a child by one of the spouses, a copy of the marriage certificate, as well as the written consent of the other spouse, certified by a notary;

2) medical conclusion on the applicant's health condition;

3) a certificate from the place of work indicating the salary or a copy of the income declaration;

4) a document confirming the right of ownership or use of the residential premises;

5) other documents specified by law.

3. The application on the adoption of a child by stateless persons permanently residing outside Ukraine or by foreign nationals, in addition to the documents specified in part 2 of this Article, shall be accompanied by the permission of the authorised executive authority, the conclusion of the competent authority of the relevant state on their living conditions and the possibility to be adoptive parents, permission of the competent authority of the relevant state for the entry of the adopted child and his/her permanent residence in the territory of this state, the adoptive parent's obligations executed under a notarial procedure to provide representatives of the diplomatic mission of Ukraine abroad with information about the adopted child and opportunities to communicate with the child.

4. In addition to the documents specified in part 2 of this Article, the consent of the child's legal representative and the consent of the competent authority of the state of the child's citizenship shall be attached to the application of citizens of Ukraine on the adoption of a child who is a citizen of another state.

5. Documents of adoptive parents who are citizens of other states must be legalised in the manner prescribed by law, unless otherwise provided for by international treaties, ratified by the Verkhovna Rada of Ukraine. Such documents shall be translated into Ukrainian, and the translation shall be certified by a notary.

6. The application for the adoption of a full-aged individual shall contain the information specified in part 1 of this Article, as well as information on the absence of the mother, father or on the deprivation of guardianship. The application shall be accompanied by the documents specified in clause 1 of part 2 of this Article, as well as the consent of the individual to adoption.

Article 312. Preparation of the case for consideration

1. The judge during the preparation of the case on the adoption of a child for consideration shall decide on the participation of the relevant guardianship authority, and in cases in which proceedings are opened on the applications of foreigners, the judge shall decide on the participation of the empowered executive authority.

2. The guardianship authority shall submit to the court an opinion on the expediency of the adoption and its compliance with the child's interests.

3. The following shall be attached to the conclusion of the guardianship authority:

1) an act of inspection of the applicant's living conditions, drawn up at his/her place of residence;

2) child's birth certificate;

3) medical opinion on the child's health condition, on his/her physical and mental development;

4) in cases established by law, the consent of the parents, guardian, trustee of the child, health care facility or educational facility, as well as the child's consent for adoption.

The court may, if necessary, require the submission of other documents.

Article 313. Consideration of a case

1. The court shall consider the case on adoption of a child with the obligatory participation of the applicant, the guardianship authority or the authorised executive authority, as well as the child, if it is aware of the adoption by age and state of health, with the summons of interested parties and other persons, the court deems necessary to interrogate.

2. The court shall consider the case on adoption of a full-aged individual with the obligatory participation of the applicant (applicants), the adopted person, with the summons of the interested parties and other persons, the court deems necessary to interrogate.

3. To ensure the secrecy of adoption in cases established by the Family Code of Ukraine, the court shall consider the case at the closed court hearing.

4. The court shall verify the legality of the grounds for adoption, including the consent of the adopted child, if such consent is required, or the consent of the adopted full-aged individual.

Article 314. judgment

1. Based on the results of consideration of the application for adoption, the court shall adopt a judgment.

2. If the application is satisfied, the court shall indicate in the operative part the judgment on the adoption of a child or a full-aged individual by the applicant (applicants).

3. At the request of the applicant (applicants) the court shall resolve an issue on the change of name, surname and patronymic, date and place of birth of the adopted child, change of name, surname, patronymic of the adopted full-aged individual, the registration of adoptive parents.

4. The court costs related to the consideration of the adoption case shall be borne by the applicant (applicants).

5. If after the judgment on adoption has been adopted, but before it enters into force, the child's parents have withdrawn their consent to its adoption, the court shall revoke its judgment and resume consideration of the case.

6. In case of withdrawal of the application for adoption after the judgment on adoption has been adopted, but before it enters into force, the court shall revoke its judgment and leave the application without consideration.

7. Adoption shall be considered to be enforced from the date when the judgment enters into force. To amend the birth record of an adopted child or a full-aged individual, a copy of the judgment shall be sent to the state civil registration authority at the place of adoption of the judgment, and in cases of adoption of children by foreign nationals, it shall be sent also to the authorised executive body.

Chapter 6. Court consideration of cases on establishing facts of legal significance

Article 315. Cases on establishing the facts of legal significance

1. The court shall consider cases on establishing the fact:

1) of the family relations between individuals;

2) the fact that the individual is dependent;

3) of injuries, if it is necessary for the appointment of a pension or assistance in compulsory state social insurance;

4) of registration of marriage, dissolution of marriage, adoption;

5) of co-residence of a man and a woman without marriage;

6) of the affiliation of the title documents to the person, whose surname, name, patronymic, place and time of birth as specified in the document, do not coincide with the surname, name, patronymic, place and time of birth of this person as specified in the certificate of birth or in the passport;

7) of a person's birth at a certain time in case of impossibility of registration by the state civil registration authority of the fact of birth;

8) of a person's death at a certain time in case of impossibility of registration by the state civil registration authority of the fact of death;

9) of a death of the person who has gone missing under circumstances that threatened him/her with death or give grounds to consider him perished from a certain accident as a result of technogenic and natural emergencies.

2. Other facts on which the emergence, change or termination of personal or property rights of individuals depends may also be established in court, unless otherwise provided for by law.

3. Cases establishing the fact that a person possesses a passport, military card, ticket for membership in an association of citizens, as well as certificates issued by the state civil registration authority, shall not be subject to judicial review in a separate proceeding.

4. A judge shall refuse to initiate proceedings in a case if the application for establishing a fact of legal significance shows a dispute over the right, and if a dispute over the right is identified during the consideration of the case, he/she shall leave the application without consideration.

Article 316. Jurisdiction

1. An individual's application to establish a fact of legal significance shall be submitted to the court at his/her place of residence.

2. The jurisdiction of cases on the application of a citizen of Ukraine residing abroad to establish a fact of legal significance shall be determined at his/her request by a ruling of a judge of the Supreme Court.

Article 317. Special provisions for the proceedings in cases of establishing the fact of birth or death of a person in the temporarily occupied territory of Ukraine

1. Application for certification of the fact of the birth of an individual in the temporarily occupied territory of Ukraine defined by the Verkhovna Rada of Ukraine may be filed by the parents, relatives, their representatives or any other legitimate representatives of the child to any court located outside such territory of Ukraine regardless of the applicant's place of residence.

Application for certification of the fact of the death of an individual in the temporarily occupied territory of Ukraine defined by the Verkhovna Rada of Ukraine may be filed by the relatives of the deceased or their representatives to a court located outside of such territory of Ukraine.

2. Cases related to the certification of the fact of the birth or death of an individual in the temporarily occupied territory of Ukraine defined by the Verkhovna Rada of Ukraine shall be heard immediately when the court receives the relevant application.

3. The judgment on the certification of the fact of birth of an individual in the temporarily occupied territory of Ukraine defined by the Verkhovna Rada of Ukraine shall contain, among other things, information about the date and place of birth and the parents of the individual verified by the court.

4. The judgment in the proceedings related to the certification of the fact birth or death of an individual in the temporarily occupied territory of Ukraine defined by the Verkhovna Rada of Ukraine shall, upon its approval by the court, be immediately enforced

Judgment on the certification of the fact birth or death of an individual in the temporarily occupied territory of Ukraine defined by the Verkhovna Rada of Ukraine may be challenged according to the general procedure set by this Code. The appeal against the judgment shall not suspend its enforcement.

5. A copy of the judgment shall be provided to the case parties immediately upon the pronouncement of such judgment, or shall be immediately sent by the court to the state civil registration authority at the place of judgment for state registration of the birth or death of an individual.

Article 318. Application contents

1. The application shall state:

1) the fact requested by the applicant to be established and for what purpose;

2) the reasons for the impossibility of obtaining or restoring documents certifying this fact;

3) the evidence confirming the fact.

2. The application shall be accompanied by evidence confirming the circumstances set forth in the application, and a certificate of impossibility to recover the lost documents.

Article 319. The content of the judgment on establishing a fact of legal significance

1. The judgment shall contain information about the fact established by the court, the purpose of its establishment, as well as the evidence on the basis of which the court established this fact.

2. The judgment on establishing a fact to be registered in the state civil registration authority or to be certified by a notary shall not replace the documents issued by these authorities, but shall be only the basis for obtaining these documents.

Chapter 7. Court consideration of cases on the restoration of rights to lost bearer securities and promissory notes

Article 320. Jurisdiction

1. A person who has lost a bearer security or a promissory note may apply to the court to declare them invalid and to restore his/her rights to the lost security.

2. The application shall be filed with the court at the location of the issuer of the bearer security or at the place of settling the promissory note.

Article 321. Application contents

1. The application to the court for recognition of the lost bearer security or promissory note as invalid and restoration of rights to them shall state:

1) name and place of residence of the applicant, name and location of the legal entity who is the applicant;

2) the circumstances under which the bearer security or promissory note was lost;

3) full and exact name of the issuer of the lost bearer security and its details, and for the promissory note it shall be type, number of the form, amount of the promissory note, date and place of drawing up, term and place of payment, name of the drawer and other persons who are obliged due to the promissory note, as well as the first holder of a promissory note.

Article 322. Court ruling before the trial

1. Upon receipt of the application, the court shall rule to:

1) make a publication about the summons of the holder of the lost bearer security or promissory note to court;

2) prohibit any transactions related to the lost bearer security or promissory note.

2. The judgment shall be sent to the issuer of the lost bearer security. In the case of invalidation of a lost promissory note and restoration of rights to it, the ruling shall be sent immediately to the persons liable for the promissory note, if their addresses are known to the court, and if the payment period is not reached, to the addresses of all notaries of the relevant notarial district, in the territory of which the place of payment on the promissory note is located. If a promissory note subject to the ruling on prohibiting any transactions with it, has been filed to a notary for a protest, the notary shall notify the relevant court on filing of such promissory note for a protest.

3. From the date when the ruling has been issued, all periods concerning the circulation of the lost bearer security or promissory note established by the legislation on the circulation of promissory notes shall be suspended.

Article 323. Contents of the publication

1. The publication on the summons of the holder of the lost bearer security or promissory note in respect of which the application has been filed with the court shall contain the information specified in clauses 1 and 3 of part 1 of Article 321 of this Code, as well as the proposal of the holder of the lost bearer security or promissory note to notify the court within three months of their rights to the security or promissory note.

2. The publication shall be made at the applicant's expense in the local newspaper at the location of the issuer of the security or at the place of payment for the promissory note, as well as in one of the official printed media.

Article 324. Obligations of the holder of the lost bearer security or promissory note

1. The holder of a lost bearer security or promissory note must, within the prescribed period, submit to the court that issued the ruling, together with the bearer security or promissory note, a statement that he/she is its holder.

Article 325. Period for filing a claim by the applicant against the holder of the lost bearer security or promissory note

1. If the holder of a lost bearer security or promissory note files an application to the court, the court shall issue a ruling to leave the application for recognition of the lost bearer security or promissory note as invalid and to restore the rights to it without consideration and set a period for filing a claim by the applicant in the general order to the holder of this bearer security or promissory note on their request.

2. The period for filing a claim by the applicant against the holder of the lost bearer security or promissory note may not exceed two months.

3. If the applicant does not file a claim against the holder of the lost bearer or promissory note within the period established by the court, the court shall issue a ruling to lift the prohibition against any transactions related to bearer security or promissory note.

4. A duplicate ruling shall be sent to the persons specified in part 2 of Article 322 of this Code.

Article 326. Assignment of the case for consideration

1. If within three months from the date of publication of the summons of the holder of the lost bearer security or promissory note no application referred to in part 1 of Article 324 of this Code is received, the court shall assign the case for consideration.

2. The court shall notify the applicant, the issuer of the lost bearer security or the persons liable for the promissory note on the day of case consideration.

Article 327. Resolution of a case

1. Based on the results of the case consideration, the court shall adopt a judgment to declare the lost bearer security or promissory note invalid or dismiss the stated claim. The judgment to declare a lost bearer security or promissory note invalid shall be the basis for issuing the bearer security to the applicant instead of the invalid one or to carry out the operations specified by him/her; to make a payment on the promissory note or to issue a promissory note to the applicant instead of the one declared invalid and to restore the endorsement by the persons obliged due to the promissory note.

2. The judgment on invalidation of the lost bearer security or promissory note shall be published under the procedure established by part 2 of Article 323 of this Code.

Article 328. The rights of the holder of the bearer security or the promissory note on compensation for damages

1. In case the court adopts a judgment to refuse to satisfy the stated claim, the holder of the bearer security or promissory note shall have the right to apply to the court for compensation at the applicant's expense for damages caused by the prohibition for him/her to carry out any transactions related to the bearer security or the promissory note.

2. The holder of a bearer security or promissory note who has not declared in time for any reason his/her right to a bearer security or promissory note may file a claim against the person who has been authorised to possess the bearer security or the promissory note.

Chapter 8. Court consideration of cases on transfer of immovable property in abeyance into municipal ownership

Article 329. Jurisdiction

1. An application for the transfer of the immovable property in abeyance to the ownership of a territorial community under the conditions specified by the Civil Code of Ukraine shall be submitted to the court at the location of the property by the authority empowered to manage the property of the territorial community.

Article 330. Application contents

1. The application on transfer of immovable property in abeyance into ownership of the relevant territorial community shall indicate the immovable property requested by the applicant to be transferred into the ownership of the territorial community, main characteristics of immovable property, references to documents on registration of the immovable property in abeyance by the authorities of state registration of rights to immovable property, printed media where the announcement on registration of the relevant immovable property was published.

Article 331. Refusal to accept the application

1. The court shall refuse to accept an application for the transfer of immovable property in abeyance to the territorial community if it is not registered by the authorities of state registration of rights to immovable property, or if the application is filed before the end of a year form the day it was registered.

Article 332. Consideration of a case

1. The case on transfer of immovable property in abeyance to the territorial community shall be considered by a court with the participation of the applicant with obligatory notification of all interested persons.

Article 333. judgment

1. Having established that the immovable property is in abeyance and registered by the authority of state registration of rights to immovable property and also that one year from the date of registration of immovable property has terminated, the court shall adopt a judgment to transfer the immovable property in abeyance to the relevant territorial community.

Chapter 9. Court consideration of cases on recognition of the inheritance as escheat property

Article 334. Jurisdiction

1. An application on recognition of the inheritance as escheat property in cases established by the Civil Code of Ukraine shall be submitted to the court at the place of opening of the inheritance or at the location of immovable property that is part of the inheritance.

Article 335. Application contents

1. The application on recognition of the inheritance as escheat property shall contain information about the time and place of opening of the inheritance, the property constituting the inheritance, as well as evidence that the property belongs to the testator, the absence of heirs by will or by law, or on the deprivation them of the right to inherit, or on their non-acceptance of the inheritance, or the refusal to accept it.

Article 336. Refusal to accept the application

1. The court shall refuse to accept an application for recognition of the inheritance as escheat property if the application is filed before the expiration of one year since the inheritance was opened.

Article 337. Consideration of a case

1. The case on recognition of the inheritance as escheat property shall be considered by the court with the obligatory participation of the applicant and with the obligatory notification of all interested persons.

2. The case on recognition of the inheritance as escheat property shall be considered by a court with obligatory involvement in the case of local government bodies at the place of opening the inheritance and (or) at the location of immovable property that is part of the inheritance.

Article 338. judgment

1. Having established that there are no heirs by will or by law or that the heirs were deprived of the right of inheritance, or if the heirs did not accept the inheritance or refused to accept it, the court shall adopt a judgment on recognition of the inheritance as escheat property, as well as on its transfer to the territorial community according to the law.

Chapter 10. Consideration of an application for compulsory psychiatric care

Article 339. Jurisdiction

1. Under the conditions specified in the Law of Ukraine “On psychiatric care”, the application of a psychiatrist to conduct a psychiatric examination of a person compulsorily, to provide a person with outpatient psychiatric care and its compulsory extension shall be submitted to the court at the person's place of residence, and the application of a representative of the psychiatric care facility on compulsory hospitalisation of the person to the psychiatric care facility and the application on extension of such hospitalisation shall be submitted to the court at the place of specified facility.

2. The application of a person who is compulsorily provided with outpatient psychiatric care upon a judgment, or the application of his/her legal representative on termination of such care shall be submitted to the court at the person's place of residence, and on termination of compulsory hospitalisation to the psychiatric care facility, it shall be submitted to the court at the location of the psychiatric care facility.

Article 340. Application contents and its submission period

1. The application for compulsory psychiatric examination of an individual, for the provision of compulsory outpatient psychiatric care and its extension, for compulsory hospitalisation to the psychiatric care facility and for the extension of such hospitalisation shall contain the legal grounds for providing compulsory psychiatric care.

2. The application for psychiatric examination or compulsory outpatient psychiatric care shall be accompanied by the conclusion of a psychiatrist, and the application on the extension of compulsory outpatient psychiatric care, on compulsory hospitalisation, its extension, the conclusion of the commission of psychiatrists and other relevant materials shall be attached.

3. The application of an individual or his/her legal representative for termination of outpatient psychiatric care or compulsory hospitalisation in the psychiatric care facility shall contain the circumstances and evidence on which these requirements are based.

4. In cases when, according to the law, hospitalisation was compulsorily carried out by the judgment of a psychiatrist and recognised as appropriate by a commission of psychiatrists, the psychiatric care facility where the person stays, shall send to the court an application for compulsory hospitalisation within 24 hours.

Article 341. Consideration of a case

1. An application for compulsory psychiatric care shall be considered by a court within the following periods from the date of its receipt by the court: on hospitalisation of a person in a psychiatric care facility – within 24 hours; on psychiatric examination – within three days; on the provision of outpatient psychiatric care, its extension and extension of hospitalisation – within ten days.

2. The case upon the application for compulsory psychiatric care or termination of outpatient psychiatric care, compulsory hospitalisation shall be considered in the presence of the person in respect of whom the issue of compulsory psychiatric care is resolved, with the mandatory participation of a prosecutor, a psychiatrist, a representative of the psychiatric care facility that submitted the application, and a legal representative of the person in respect of whom issues related to the provision of psychiatric care are being considered.

3. Taking into account the health condition of the person in respect of whom the issue of providing him/her with compulsory psychiatric care is resolved, he/she may participate in the proceedings by videoconference from the psychiatric care facility where he/she stays, subject to recording by the court in the ruling on opening the proceedings in the case.

Article 342. judgment

1. Depending on the established circumstances, the court shall adopt a judgment to satisfy the application or dismiss it, which shall be subject to immediate execution. The appeal against the judgment shall not suspend its enforcement.

2. The judgment to satisfy the application of a psychiatrist, a representative of a psychiatric care facility shall be the basis for the compulsory provision of appropriate psychiatric care.

3. The judgment to dismiss the application for extension of outpatient psychiatric care, extension of hospitalisation, as well as the judgment to satisfy the application of an individual or his/her legal representative shall be the basis for termination of the specified compulsory psychiatric care.

4. If during the court hearing a person alleges violence against him/her during the compulsory hospitalisation or, regardless of the presence of the person's statement, if his/her appearance, condition or other circumstances known to a judge give grounds for reasonable suspicion of violation of the law during compulsory hospitalisation, the judge shall be obliged to ensure an immediate forensic examination of the person and send a separate ruling to the relevant pre-trial investigation authority on the need to investigate the use of violence and take the necessary measures to ensure the safety of the person according to the law.

Chapter 11. Court consideration of cases of compulsory hospitalisation in the antituberculosis facility

Article 343. Jurisdiction

1. An application for compulsory hospitalisation in an antituberculosis facility or for extension of the term of compulsory hospitalisation of a patient with a contagious form of tuberculosis shall be submitted to the court at the location of the antituberculosis facility performing medical (dispensary) supervision or to the court at the place of detection of such ill person.

Article 344. Application contents and its submission period

1. The application for compulsory hospitalisation in an antituberculosis facility or for the extension of the term of compulsory hospitalisation shall state the grounds for such hospitalisation established by law. The application shall be accompanied by a reasoned conclusion of the doctor on the need for compulsory hospitalisation in the antituberculosis facility or on the extension of the period of compulsory hospitalisation, indicating the period during which treatment will be provided.

2. The application shall be submitted within 24 hours from the time of detection of a violation of the antiepidemic regime by patients with a contagious form of tuberculosis.

Article 345. Consideration of a case

1. Cases of compulsory hospitalisation in an antituberculosis facility or of the extension of the term of compulsory hospitalisation shall be considered by the court no later than 24 hours after the opening of the proceedings. A person should be given the right to participate in person in the court, unless, according to the antituberculosis institution, such a person poses a threat of spreading the disease.

2. The participation in the case consideration of the representative of the antituberculosis institution, on the application of which the proceedings have been opened, the representative of the person in respect of which the issue of compulsory hospitalisation or extension of compulsory hospitalisation is resolved, shall be mandatory.

Article 346. judgment

1. Having considered the application for compulsory hospitalisation in the antituberculosis facility or for the extension of the period of compulsory hospitalisation, the court shall adopt a judgment on the rejection or satisfaction of the application.

2. The judgment to satisfy the application referred to in part 1 of this Article shall be immediately enforceable and shall be grounds for compulsory hospitalisation or extension of the period of compulsory hospitalisation of a person in the antituberculosis facility for a period established by law.

3. After the judgment on compulsory hospitalisation in the antituberculosis facility or on the extension of compulsory hospitalisation comes into force, the court shall send the judgment to the relevant local government to take measures to protect the property of the person against whom the judgment was adopted.

Chapter 12.  Court consideration of cases on disclosure by banks of information containing banking secrecy of legal entities and individuals

Article 347. Jurisdiction

1. An application for disclosure by banks of information containing banking secrecy of legal entities and individuals in cases established by law shall be submitted to the court at the location of the bank servicing such a legal entity or an individual.

Article 348. Application contents

1. The application to the court on the disclosure by bank of information containing banking secrecy of a legal entity or an individual shall state:

1) name of the court where the application is filed;

2) name (title) of the applicant and the person in respect of whom disclosure of information containing banking secrecy is required, his/her place of residence or location, as well as the name of the applicant's representative if the application is submitted by the representative;

3) name and location of the bank servicing the person in respect of whom it is necessary to disclose banking secrecy;

4) the substantiation of the necessity and circumstances under which it is required to disclose information containing banking secrecy of the person, indicating the law provisions on granting the relevant powers, or the rights and interests that have been violated;

5) the scope (limits of disclosure) of information containing banking secrecy regarding the person and the purpose of its use.

Article 349. Consideration of a case

1. The case on disclosure by bank of information containing banking secrecy shall be considered within five days from the date of receipt of the application at the closed court hearing with notification of the applicant, the person subject to disclosure of banking secrecy and the bank, and in cases where the case is considered in order to protect state interests and national security, only the applicant shall be notified.

2. The non-appearance at the court hearing without reasonable excuses of the applicant and (or) the person in respect of whom the disclosure of banking secrecy is required, or their representatives or the bank's representative shall not impede consideration of the case if the court did not recognise their participation as mandatory.

3. If during case consideration it is established that the application is based on a dispute which is considered in the procedure of action proceedings, the court shall leave the application without consideration and explain to the interested persons that they have the right to file a claim on general grounds.

Article 350. judgment

1. The judgment on the disclosure by bank of information containing banking secrecy of a legal entity or an individual shall state:

1) name of the information recipient, his/her place of residence or location, as well as the name of the recipient's representative, if the information is provided to the representative;

2) name (title) of the person in respect of whom the bank is supposed to disclose information that contains banking secrecy, place of residence or location of this person;

3) name and location of the bank servicing the person in respect of whom it is necessary to disclose banking secrecy;

4) the scope (limits of disclosure) of information containing banking secrecy to be provided by the bank to the recipient, and the purpose of its use.

2. If during the court consideration it is established that the applicant requires disclosure of information containing banking secrecy of a legal entity or an individual without legal grounds and powers, the court shall adopt a judgment to dismiss the application.

3. The adopted judgment shall be immediately enforceable. The duplicate judgments shall be sent by the court to the bank servicing the legal entity or an individual, to the applicant and to the person about whom the information is provided. The person in respect of whom the bank discloses banking secrecy or the applicant shall have the right to file an appeal against the judgment to the appellate court in the prescribed manner within five days. The appeal against the judgment shall not suspend its enforcement.

Chapter 13. Court consideration of cases on issuance and extension of the restraining order

Article 350-1. Jurisdiction

1. An application for issuance of a restraining order shall be submitted to the court at the place of residence (stay) of a person who has suffered from domestic or gender-based violence, and if the said person is in the facility belonging to general or specialised support services for victims, the application shall be submitted at the location of this facility

Article 350-2. Persons who can be applicants

1. An application for issuance of restraining order may be filed:

1) by a person who has suffered from domestic violence, or his/her representative, in cases specified by the Law of Ukraine “On Prevention and Counteraction to Domestic Violence”;

2) by a person who has suffered from gender-based violence, or his/her representative, in cases specified by the Law of Ukraine “On Ensuring Equal Rights and Equal Opportunities of Women and Men”;

3) by parents and other legal representatives of the child, relatives of the child (grandmother, grandfather, full-aged brother, sister), stepmother or stepfather of the child, as well as the guardianship authority in the interests of the child who suffered from domestic violence, in cases specified by the Law of Ukraine “On Prevention and Counteraction to Domestic Violence”, or who suffered from gender-based violence, in cases specified by the Law of Ukraine “On Ensuring Equal Rights and Opportunities for Women and Men”;

4) a guardian, a guardianship authority in the interests of an incapable person who has suffered from domestic violence, in cases specified by the Law of Ukraine “On Prevention and Counteraction to Domestic Violence”, or who suffered from gender-based violence, in cases specified by the Law of Ukraine “On Ensuring Equal Rights and Opportunities for Women and Men”.

Article 350-3. Interested persons in cases on issuance of a restraining order

1. Interested persons in cases on issuance of a restraining order shall be the persons in respect of whom an application for the issuance of a restraining order has been submitted.

2. Interested persons may also be other individuals whose rights and interests are affected by the application for a restraining order, as well as state authorities and local governments within their competence.

Article 350-4. Application contents

1. The application on issuance of a restraining order shall state:

1) name of the court where the application is filed;

2) name (surname, name and patronymic) of the applicant and the interested person, their place of residence or stay, postal code, known contact details and e-mail addresses; if the application is submitted by the person specified in clauses 3 and 4 of part 1 of Article 350-2 of this Code, it is necessary to indicate the procedural capacity of the applicant, his/her name (surname, name and patronymic), place of residence or stay, postal code, known contact details and e-mail address mail, as well as the name (surname, name and patronymic) of the child or incapacitated person in whose interests the application is submitted, his/her place of residence or stay, postal code, known contact details and e-mail addresses, if any available;

3) circumstances indicating the need for the court to issue a restraining order and evidence confirming them (if any).

2. If it is impossible to provide the evidence specified in clause 3 of part 1 of this Article, a petition on requesting thereof may be attached to the application.

Article 350-5. Consideration of a case

1. The case on the issuance of a restraining order shall be considered by a court with the participation of the applicant and the interested persons. If the applicant's participation threatens with the further discrimination or violence against him/her, the case may be considered without his/her participation.

The non-appearance of duly notified interested parties shall not preclude consideration of the case for the issuance of a restraining order.

2. The court shall consider the case on the issuance of a restraining order not later than 72 hours after the receipt of the application on the issuance of a restrictive order by the court.

3. The court costs related to the proceedings on the issuance of a restraining order shall be borne by the state.

Article 350-6. judgment

1. Having considered the application on the issuance of a restrictive order, the court shall adopt a judgment to satisfy the application or to dismiss it.

2. If the application is satisfied, the court shall issue a restraining order in the form of one or more measures of temporary restraint of the rights of a person who has committed domestic or gender-based violence provided for by the Law of Ukraine “On Prevention and Counteraction to Domestic Violence” or the Law of Ukraine“On Ensuring Equal Rights and Opportunities for Women and Men”, for a period of one to six months.

3. A restrictive order issued by a court in respect of a person who at the moment of adoption of the judgment has not reached the age of eighteen may not restraint the right of residence (stay) of this person in the place of his/her permanent residence (stay).

4. The judgment on the issuance of a restraining order shall be subject to immediate enforcement, and its appeal shall not suspend its enforcement.

Article 350-7. Expension of the restraining order

1. At the request of the persons specified in Article 350-2 of this Code, the restraining order may be extended by the court for a period not exceeding six months after the expiration of the period established by a judgment according to part 2 of Article 350-6 of this Code.

Article 350-8. Service of a judgment, notification of the issuance or extension of a restraining order

1. Full duplicate judgments shall be served to the case parties who were present at the court hearing immediately after the judgment was pronounced. A duplicate judgment shall be sent by registered mail to the case parties who were not present at the court hearing, with acknowledgement of receipt immediately, but not later than the next day from the day when the judgment has been adopted.

2. The court shall notify the authorised divisions of the National Police of Ukraine at the place of residence (stay) of the applicant on the issuance or extension of the restraining order no later than the next day from the day when the judgment has been adopted to place the person in respect of whom the restraining order was issued or extended on the register for preventive purposes, as well as the court shall inform the raion, Kyiv city and Sevastopol city state administrations and executive authorities of village, settlement, city, district councils at the place of residence (stay) of the applicant.

{Section IV has been supplemented with chapter 13 under Law No. 2229-VIII of 07.12.2017}

Section V
REVIEW OF judgmentS

Chapter 1. Appellate proceedings

§ 1. Appeal

Article 351. Courts of appeal

1. The appellate court in civil cases shall mean the court of appeal, within the appellate district of which (territory to which the powers of the relevant court of appeal apply) there is the local court that has adopted a judgment subject to appeal, unless otherwise provided by this Code.

The appellate court in cases on recognising the funds unfounded and on their recovery in state revenue shall be the Appellate Chamber of the Supreme Anti-Corruption Court, except as provided in part 3 of Article 26 of this Code.

{Part 1 of Article 351 has been supplemented with paragraph 2 under Law No. 263-IX of 31.10.2019}

2. The Supreme Court shall review through the appeal procedure the judgments adopted by the courts of appeal as the courts of first instance.

Article 352. The right of appeal

1. The case parties, as well as persons who did not participate in the case, if the court has decided on his/her rights, freedoms, interests and (or) obligations, shall have the right to appeal the judgment adopted by a court of first instance in whole or in part.

2. The case parties, persons who did not participate in the case, if the court has decided on his/her rights, freedoms, interests and (or) obligations, shall have the right to appeal the rulings adopted by a court of the first instance separately from the judgment only in cases provided for in Article 353 of this Code. Appeals against court rulings not provided for in Article 353 of this Code shall not be allowed separately from a judgment.

{Part 2 of Article 352 as revised by Law No. 460-IX of 15.01.2020}

3. After opening of appeal proceedings on the appeal of a person who did not participate in the case, but the court decided on his/her rights, freedoms, interests and (or) obligations, such person shall enjoy procedural rights and bear procedural obligations of the case party.

Article 353. Rulings that can be appealed separately from a judgment

1. Separately from a judgment, the following rulings of the court of first instance may be appealed:

1) on the refusal to issue a court order;

2) on the provision of evidence, refusal to provide evidence or revocation of the ruling on provision of evidence;

3) on securing the claim, replacing the measure of securing the claim;

4) on cancellation of securing the claim, refusal to cancel or replace measures to secure the claim or refusal to secure the claim;

5) on counter-security or change or cancellation of counter-security;

6) on return of the application to the plaintiff (applicant);

7) on refusal to open proceedings in the case;

{Clause 8 of part 1 of Article 353 has been deleted under Law No. 460-IX of 15.01.2020}

9) on transfer of the case to another court;

10) on refusal to renew or extend the missed procedural period;

11) on approval of the settlement agreement;

12) on appointment of expert examination;

13) on determination of the amount of court costs;

14) on suspension of proceedings in the case;

15) on closing case proceedings;

16) on leaving the claim (application) without consideration;

17) on a separate ruling;

18) on imposing a fine by way of procedural coercion;

19) on entering or refusing to enter corrections to the judgment;

20) on refusal to adopt an additional judgment;

21) on clarification or refusal to clarify the judgment;

22) on return of the application for review of the judgment in absentia;

23) on refusal to initiate proceedings on newly discovered or exceptional circumstances, refusal to satisfy the application for review of a judgment on newly discovered or exceptional circumstances;

{Clause 23 of part 1 of Article 353 as amended by Law No. 460-IX of 15.01.2020}

24) on renewal of the missed period for presentation of the enforcement document for enforcement;

25) on correction of an error in the enforcement document or recognition of it as unenforceable;

26) on postponement of enforcement and enforcement in installments, change or determination of the method and procedure for judgment enforcement;

27) on consideration of complaints against actions (omissions) of state executive authorities, private executor;

28) on replacement of a case party (procedural succession) or a party to enforcement proceedings;

29) on reversal of a judgment or a refusal to reverse a judgment;

30) on foreclosure on the money belonging to other persons or the immovable property, the ownership of which is not registered in the manner prescribed by law;

31) on temporary restraint of the right to leave Ukraine;

31-1) abolition of temporary restraint of the right to leave Ukraine;

{Part 1 of Article 353 has been supplemented with clause 31-1 under Law No. 2475-VIII of 03.07.2018}

32) on determining the share of the debtor's property in the property he/she owns together with other persons;

33) on temporary placement of a child in a children's or medical care facility;

34) on announcement of the search for a defendant (debtor) or a child;

35) on forced entry into a house;

36) on dismissal (appointment) of a guardian or trustee;

37) on refusal to open proceedings in the case on revocation of the arbitral award, international commercial arbitral award;

38) on return of the application for revocation of the arbitral award, international commercial arbitral award;

39) on return of the application on issuance of a writ of enforcement for the enforcement of the arbitral award or the application on recognition and granting permission on enforcement of an international commercial arbitral award;

40) on leaving without consideration the application on resumption of lost judicial proceedings;

41) on resumption of fully or partially lost judicial proceedings or refusal to resume it.

2. Objections to the rulings that are not subject to appeal separately from the judgment shall be included in the appeal against the judgment.

Article 354. Period for appeal

1. An appeal against a judgment shall be filed within thirty days, and against a court ruling, it shall be filed within fifteen days from the date of its pronouncement.

If only the introductory and operative parts of the judgment were announced at the court hearing or in the event of consideration of the case (resolution of the issue) without notification (summons) of the case parties, the specified period shall be calculated from the date when the full judgment has been executed.

2. A case party who has not been served with a full judgment or ruling on the day of its pronouncement or execution, shall have the right to renew the missed period for appeal:

1) against a judgment, if the appeal is filed within thirty days from the date of service of the full judgment;

2) on the court ruling, if the appeal is filed within fifteen days from the date of service of the relevant judgment.

3. The term for appeal may also be renewed in case of omission for other valid reasons, except for the cases specified in part 2 of Article 358 of this Code.

Article 355. Procedure for filing an appeal

1. An appeal shall be filed directly to the court of appeal.

Article 356. Form and content of the appeal

1. An appeal shall be filed in written form.

2. The appeal shall state:

2) name of the court where it is filed;

2) full title (for legal entities) or name (surname, name and patronymic) (for individuals) of the person filing the appeal, its location (for legal entities) or place of residence or stay (for individuals), postal code, identification code of the legal entity in the Unified State Register of Enterprises and Organisations of Ukraine, taxpayer identification number (for individuals) (if any) or passport number and series for individuals who are citizens of Ukraine, contact details and e-mail address, official e-mail address (if any);

3) full title (for legal entities) or name (surname, name and patronymic) (for individuals) of other case parties, their location (for legal entities) or place of residence or stay (for individuals);

4) the appealed judgment or ruling;

5) the subject matter of the illegality and (or) invalidity of the judgment or ruling (incomplete establishment of circumstances relevant to the case, and (or) incorrectly established of circumstances relevant to the case, due to unreasonable refusal to accept evidence, incorrect investigation or evaluation, failure to provide evidence for a reasonable excuse and (or) incorrect determination under the circumstances of the legal relationship established by the court, etc.);

6) new circumstances to be established, evidence to be investigated or evaluated, rationale of the validity of reasons for failure to submit evidence to the court of first instance, objection to the evidence used by the court of first instance;

7) a petition of the person who filed the appeal;

8) the date of receipt of a duplicate judgment adopted by the court of first instance under appeal;

9) the list of the attached documents and other materials.

3. The appeal shall be signed by the person filing it or by such person's representative.

4. The following shall be attached to the appeal:

1) a power-of-attorney or other document certifying the representatives' powers, if the appeal was filed by the representative and these documents have not been filed before;

2) duplicates of the appeal and other attached written materials relevant to the number of case parties;

3) documents confirming the payment of the court fee in the prescribed manner and amount, or documents confirming the grounds for exemption from the payment of the court fee under the law;

4) evidence confirming the date of receipt of the appealed duplicate judgment adopted by the court of first instance (if any).

5. If the appeal is filed by a person exempted from paying court fees under the law, it shall indicate the grounds for exemption from payment of court fees.

§ 2. Opening of appeal proceedings

Article 357. Leaving an appeal without motion, returning an appeal

1. An appeal shall be registered on the day of its receipt by the appellate court and not later than the next day shall be transferred to the judge-rapporteur determined under the procedure established by Article 33 of this Code.

2. The provisions of Article 185 of this Code shall apply to an appeal filed in violation of the requirements established by Article 356 of this Code.

3. An appeal shall also be left without motion if it has been filed after the expiration of the periods established by Article 354 of this Code and the person who filed it does not raise the issue of renewal of this period or if the grounds specified in the application are considered unreasonable. Upon that, within ten days from the date of service of the judgment, the person shall have the right to apply to the appellate court with a request to renew the period or indicate other grounds for renewal.

4. If the application is not filed by the person within the specified period or the grounds for renewal of the period for appeal are deemed unreasonable, the court shall refuse to open appeal proceedings in the manner prescribed by Article 358 of this Code.

5. An appeal shall not be accepted for consideration and shall be returned by the court of appeal if:

1) an appeal has been filed by a person who has no procedural dispositive legal capacity, has not been signed, or has been signed by a person who does not have the right to sign it, or by a person whose official position is not specified;

2) prior to issuance of a ruling on the opening of appellate proceedings, the person who filed the appeal, or filed an application for its revocation;

3) the appeal has been filed in a way other than to court of appeal;

4) the appeal has been filed against a ruling that is not subject to appeal separately from the judgment.

6. The judge-rapporteur shall decide on the issue of leaving the appeal without motion within five days from the date of receipt of the appeal. The court of appeal shall decide on the return of the appeal within five days from the date of receipt of the appeal or from the date of expiration of the period for elimination of deficiencies.

7. A ruling on the return of an appeal shall be issued, which may be appealed in cassation procedure.

8. A duplicate ruling to return the appeal shall be sent to the case parties in the manner prescribed by article 272 of this Code. A duplicate ruling to return the appeal shall be sent to the appellant together with the appeal and the materials attached to the appeal. A copy of the appeal shall remain in the court of appeal.

Article 358. Refusal to open appeal proceedings

1. The court of appeal shall refuse to open appellate proceedings in a case if:

1) an appeal is filed against a judgment that is not subject to appeal;

2) there is a ruling to close the proceedings due to rejection of the previously filed appeal of the same person against the same judgement;

3) there is a resolution to dismiss the appeal of the same person or a ruling to refuse to open appeal proceedings on the appeal of this person against the same judgement;

4) the appellant has not filed an application for renewal of the period for appeal within the period determined by the court or the grounds for the renewal of the period for appeal have been declared invalid by the court.

2. Irrespective of the reasonableness of the grounds for missing the period for appeal, the appellate court shall refuse to open appeal proceedings if the appeal is filed after the expiration of one year from the date when the full text of a judgment has been executed, except for the following cases:

1) filing an appeal by a person who has not been notified of the case consideration or has not been involved in it, if the court has adopted a judgment on his/her rights, freedoms, interests and (or) obligations;

2) missing the period for appeal due to force majeure.

3. The issue of refusal to initiate appellate proceedings shall be resolved no later than five days from the date of receipt of the appeal or from the date of expiration of the term for elimination of deficiencies.

4. A duplicate ruling to refuse to open appellate proceedings shall be sent to the case parties in the manner prescribed by Article 272 of this Code. A duplicate ruling to refuse to open appellate proceedings shall be sent to the appellant together with the appeal and the attached materials. A copy of the appeal shall remain in the court of appeal.

Article 359. Opening of appeal proceedings

1. The court of appeal shall adopt a ruling on the opening of appellate proceedings in the case.

2. The issue on the opening of appellate proceedings in the case shall be resolved no later than five days from the date of receipt of the appeal or application for the elimination of deficiencies filed under the procedure provided for in Article 357 of this Code.

3. The ruling to open appeal proceedings shall specify the period for the parties to file a defence to the appeal and resolve the issue of requesting the case-file. If applications or petitions are filed together with the appeal, the court in the ruling to open cassation proceedings shall set a period within which the case parties shall lodge their objections to the filed applications or petitions, unless otherwise provided for by this Code.

4. If the appeal is filed with a delay of period specified by this Code, the court in case of renewal of the period for appeal shall suspend the validity of the appealed judgment in the ruling to open appeal proceedings.

Article 360. Defence to the appeal

1. The case parties shall have the right to submit to the court of appeal a defence to the appeal in writing within the period established by the court of appeal in the ruling to open appeal proceedings.

2. The defence to the appeal shall contain:

1) name of the appellate court;

2) name, postal address of the person filing a defence to the appeal, as well as the contact details, e-mail address, if any;

3) the rationale of objections as to the content and requirements of the appeal;

4) if necessary, a petition of the person who files a defence to the appeal;

5) the list of attached materials.

3. The absence of a defence to the appeal shall not preclude the review of the judgment adopted by the court of first instance.

4. Evidence of sending (providing) duplicates of the defence and attached documents to other case parties shall be attached to the defence.

Article 361. Sending duplicates of the defence and attached documents to the case parties

1. Together with the ruling to open appeal proceedings, the appellate court shall send duplicates of the appeal and the materials attached to it to the case parties.

Article 362. Closure of appeal proceedings

1. The court of appeal shall close the appellate proceedings if:

1) after the opening of the appellate proceedings, the person who filed the appeal has lodged a petition to withdraw the appeal, except in cases where there are objections of other persons who have joined the appeal;

2) after the opening of the appellate proceedings it has turned out that the appeal was not signed, filed by a person who has no dispositive legal capacity, or signed by a person who has no right to sign it;

3) after the opening of appellate proceedings on an appeal filed by a person on the grounds on resolving issues on his/her rights, freedoms, interests and (or) obligations by a court, it has been established that the judgment has not resolved the issues on the rights, freedoms, interests and (or) obligations of such person.

2. The court of appeal shall issue a ruling on the closure of the appellate proceedings, which may be appealed in cassation procedure.

Article 363. Joining the appeal

1. The case parties shall have the right to join the appeal lodged by the person by whose side they acted. Persons who did not participate in the trial also have the right to join the appeal, if the court has decided on their rights, freedoms, interests and (or) obligation.

2. An application for joining an appeal may be filed before the opening of consideration of the case in the court of appeal.

3. The application for joining the appeal shall be accompanied by a document on payment of the court fee and evidence of sending (filing) a duplicate application to other case parties.

Article 364. Addition, change or withdrawal of the appeal or rejection of it

1. A person who has filed an appeal shall have the right to supplement or change it within the period for appeal.

2. In case of supplement or change of the appeal, the person who filed the appeal shall provide evidence of sending duplicates of the relevant supplement or changes to the appeal to other case parties, otherwise the court shall not take into account such supplement or changes.

3. The person who has filed an appeal shall have the right to withdraw it before the ruling to open appeal proceedings is adopted.

4. The person who has filed an appeal shall have the right to withdraw it, and the other party shall have the right to recognise the appeal as fully or partly justified until the appeal proceeding is complete. If the appeal is rejected, and if other persons who joined the appeal do not have objections, the court shall issue a ruling to close the appeal proceedings.

Recognition of the appeal by the other party shall be taken into account by the court of appeal in terms of the presence or absence of facts that are relevant to the case.

5. In case of closing the appellate proceedings due to the refuse to file an appeal against the judgment, the re-appeal of this judgment by the person who refused to file the appeal shall not be allowed.

6. The appellate court shall have the right not to accept the refusal to file an appeal or its withdrawal on the grounds specified in part 5 of Article 206 of this Code.

§ 3. Appeal review

Article 365. Preparation for consideration of a case in court of appeal

1. In order to prepare the case for appellate consideration, the judge-rapporteur shall:

1) clarify the composition of a trial. If it is established that the judgment adopted by the court of first instance may affect the rights and obligations of a person who did not participate in the trial, he/she shall involve such a person into the trial as a third party who shall not make independent claims on the subject matter of the dispute;

{Clause 1 of part 1 of Article 365 as amended by Law No. 460-IX of 15.01.2020}

2) determine the nature of the disputed legal relationship and the law governing it;

3) clarify the circumstances to which the case parties refer as the basis of their claims and objections;

4) find out what circumstances are recognised or denied by the case parties;

5) decide on the reasonableness of the grounds for failure to submit evidence to the court of first instance;

6) at the petition of the parties and other case participants, decides on the summoning of witnesses, appointment of expert examination, request for evidence, court orders to collect evidence, involvement of a specialist, interpreter in the case;

7) at the petition of the case parties, decide on taking measures to secure the claim;

8) perform other actions related to securing the appellate proceedings.

2. The preparatory actions specified in clauses 5 and 6 of part 1 of this Article shall be performed in compliance with the rights of all case parties to express their opinions or objections regarding their performance, unless otherwise provided for by this Code.

3. If during the case-file study the court finds unconsidered remarks on the correctness and completeness of recording the trial by technical means, unconsidered written remarks on the completeness or incorrectness of the minutes of the court hearing, unresolved issue of additional judgment, the court shall issue a ruling with a time-limit for the court of first instance to eliminate deficiencies.

Article 366. Assignment of the case for consideration in the court of appeal

1. After the preparatory actions, the judge-rapporteur shall report on them to the panel of judges, which shall decide on performing the additional preparatory actions if necessary and assignment of the case for consideration.

The case parties shall be notified of the date, time and place of consideration of the case, if the case is considered under this Code upon their notification.

Article 367. Limits of consideration of the case by the appellate court

1. The appellate court shall reconsider the case based on the evidence available in it and additionally submitted, and shall verify the legality and validity of the judgment adopted by the court of first instance within the scope of arguments and requirements of the appeal.

2. The court of appeal shall examine the evidence concerning the facts to which the case parties refer in the appeal and (or) the defence to it.

3. Evidence that has not been submitted to the court of first instance shall be accepted by the court only in exceptional cases if the case party has provided evidence of the impossibility to submit it to the court of first instance under the reasons beyond his/her control.

4. The court of appeal shall not be limited by the arguments and claims contained in the appeal, if during the consideration of the case a violation of procedural law, which is a mandatory ground for revocation of the judgment, or incorrect application of substantive law is detected.

5. If the arguments of the appeal ignore the obvious illegality or irrelevance of the judgment adopted by the court of first instance in cases of independent proceedings, the appellate court shall reconsider the case in full.

6. The appellate court shall not accept and shall not consider claims and grounds of claim that were not the subject of consideration in the court of first instance.

Article 368. Procedure for consideration of the case by the appellate court

1. The case shall be considered by the appellate court according to the rules established for consideration of the case by way of simplified action proceedings, with regard to special provisions established by this shapter.

2. Consideration of cases in the court of appeal shall commence with the opening of the first court hearing or in fifteen days from the date of opening of appellate proceedings, if the case is considered without notification of the case parties.

{Part 2 of Article 368 as amended by Law No. 2234-VIII of 07.12.2017}

3. Consideration of cases in the appellate court shall be carried out in a court hearing with notification of the case parties, except for the cases provided for in Article 369 of this Code.

4. The judge-rapporteur shall report the content of the judgment (ruling) that is being appealed, the arguments of the appeal, the limits within which the judgment (ruling) must be reviewed, the circumstances established and the evidence examined.

5. After the judge-rapporteur has finished the report, the person who filed the appeal shall give his/her explanations. If both parties have filed appeals, the plaintiff shall be the first to give the explanations. Then the other case parties shall give explanations.

6. Having clarified the circumstances and verified them with evidence, the appellate court shall let the case parties speak in the judicial debate in the same sequence as they gave explanations.

7. At the beginning of the court hearing, the court may announce the time allotted for the judicial debate. Each person taking part in a trial of the appellate court shall be given the same period to speak.

8. After the judicial debate end, the court shall leave to the deliberation room.

Article 369. Special provisions for the appellate consideration of certain categories of cases

1. Appeals against judgments in cases with a claim value less than one hundred times the subsistence level for able-bodied persons, except for those that are not subject to simplified action proceedings, shall be considered by the appellate court without notifying the case parties.

2. Appeals against court rulings referred to in clauses 1, 5, 6, 9, 10, 14, 19, 37–40 of Article 353 of this Code shall be considered by the appellate court without notifying the case parties.

3. Taking into account the specific circumstances of the case, the appellate court may consider the appeals referred to in parts 1 and 2 of this Article in a court hearing with notification (summons) of the case parties.

Article 370. Procedure for consideration of an appeal received by the court of appeal after the end of the appellate case consideration

1. If the court of appeal receives the appeal after the end of the appellate case consideration, and the person who filed the appeal was not present during the appellate case consideration, the court shall consider the relevant appeal under this chapter.

2. In the event of the opening the appellate proceedings on such an appeal, the appellate court may suspend the validity of the previously adopted judgment and the judgment adopted by the court of first instance under appeal.

3. Based on the results of consideration of the appeal, the court shall issue a resolution under Article 382 of this Code. In this case, if there are grounds, the previously adopted resolution of the court of appeal may be revoked.

4. The court of appeal shall consider the appeal referred to in Part 1 of this Article within the scope of arguments that were not considered during the appellate case consideration upon the appeal of another person.

5. The court shall refuse to open proceedings on an appeal filed under Part 1 of this Article, if the court has considered the arguments presented in it during the appellate case consideration upon the appeal of another person.

Article 371. Period for the appeal consideration

1. An appeal against a judgment adopted by a court of first instance shall be considered within sixty days from the date of ruling to open appellate proceedings, and an appeal against a ruling of a court of first instance shall be considered within thirty days from the date of the ruling to open appellate proceedings.

2. In exceptional cases, upon the petition of a party, taking into account the special provisions for consideration of the case, the appellate court may extend the period for consideration of the case for not more than fifteen days, subject to adoption of the relevant ruling.

Article 372. Consequences of non-appearance at the court hearing of the case parties

1. The appellate court shall adjourn the consideration of the case in the event of non-appearance at the court hearing of a case party, regarding which there is no information about servicing the summons to him/her, or at his/her petition, when the reasons for his/her non-appearance are considered valid by the court.

2. The non-appearance of the parties or other case participants, duly notified of the date, time and place of the hearing, shall not impede the consideration of the case.

Article 373. The plaintiff's waiver of the claim and the settlement agreement of the parties

1. In the appellate court the plaintiff shall have the right to waive a claim, and the parties shall be authorised to conclude a settlement agreement under the general rules of these procedural actions, regardless of who filed the appeal.

2. If the statement of waiver or settlement agreement of the parties meets the requirements of Articles 206, 207 of this Code, the court shall issue a ruling to accept the plaintiff's waiver or to approve the settlement agreement of the parties, which concurrently invalidates the judgment adopted by the court of the first instance that resulted from the consideration of the case, and shall close the proceedings in a case.

Article 374. Powers of the court of appeal

1. Based on the results of the appeal consideration, the court of appeal shall have the right:

1) to leave the judgment unchanged and dismiss the appeal;

2) to revoke the judgment in whole or in part and adopt a new judgment in the relevant part or change the judgment;

3) to declare invalid the judgment adopted by the court of first instance in whole or in part in the cases provided for by this Code and close the proceedings in the relevant part;

4) to cancel the judgment in whole or in part, and in the relevant part close the proceedings in the case in whole or in part, or leave the statement of claim without consideration in whole or in part;

5) to revoke the judgment and send the case for consideration to another court of first instance under the established jurisdiction;

6) to revoke the judgment, which prevents further proceedings in the case, and send the case for further consideration to the court of first instance;

7) to revoke the judgment on opening the proceedings in the case and adopt a resolution to refer the case for consideration to another court of first instance under the established jurisdiction;

8) in the cases provided for by this Code, revoke its resolution (in whole or in part) and adopt one of the judgments specified in clauses 1–7 of part 1 of this Article.

Article 375. Grounds for dismissal of the appeal and leaving the judgment unchanged

1. The court of appeal shall dismiss the appeal and the leave the judgment unchanged if it finds that the court of first instance has adopted a judgment in compliance with the rules of substantive and procedural law.

Article 376. Grounds for judgment revocation in whole or in part and adoption of a new judgment in the relevant part or change of a judgment

1. The grounds for judgment revocation in whole or in part and adoption of a new judgment in the relevant part or change of a judgment shall be:

1) incomplete clarification of the circumstances relevant to the case;

2) unproven circumstances relevant to the case, which the court of first instance found established;

3) inconsistency of the conclusions set forth in the judgment of the court of first instance with the circumstances of the case;

4) violation of procedural law or incorrect application of substantive law.

2. Incorrect application of substantive law shall mean: misinterpretation of the law, or application of the law that is not applicable, or non-application of the law that was applicable.

Violation of the rules of procedural law may be grounds for revocation or change of a judgment, if this violation has led to incorrect case resolution.

3. Violation of the rules of procedural law shall be a mandatory ground for revocation of a judgment adopted by court of first instance and the adoption of a new judgment, if:

1) the case has been considered by an unauthorised court;

2) the judge to whom the recusal was filed has taken part in the adoption of the judgment, and the grounds for his/her recusal were recognised by the appellate court as well-founded, if the appeal is substantiated by such grounds;

{Clause 2 of part 3 of Article 376 as amended by Law No. 460-IX of 15.01.2020}

3) the case (issue) has been considered by the court in the absence of any case party, not duly notified of the date, time and place of the court hearing (if such notification is mandatory), if such case party substantiates his/her appeal on such grounds;

4) the court has adopted a judgment regarding the rights, freedoms, interests and (or) obligations of persons who were not involved in the case;

5) the judgment has not been signed by any of the judges or has not been signed by the judges specified in the judgment;

6) the judgment has been adopted by judges who were not members of the panel that considered the case;

7) the court has considered in the order of simplified action proceedings the case which was subject to consideration according to the rules of general action proceedings.

4. A change in a judgment may consist in supplementing or changing its reasoning and (or) operative parts.

Article 377. Grounds for revocation of the judgment in whole or in part with the closure of the proceedings or leaving the claim without consideration in the relevant part

1. The judgment adopted by the court of the first instance as a result of consideration of the case, shall be revoked under the appellate procedure in whole or in part with the closure of the proceedings or leaving the claim without consideration in the relevant part on the grounds provided for in Articles 255 and 257 of this Code.

2. Violation of the rules of the general court's jurisdiction, defined in Articles 19–22 of this Code, shall be a mandatory ground for revocation of the judgment, regardless of the arguments of the appeal.

3. If the court of first instance has adopted a lawful and reasonable judgment, the death of an individual who is a party to the dispute or termination of a legal entity who is a party to the dispute, which does not allow succession, after the adoption of such a judgment may not be grounds for applying Part 1 of this Article.

4. If the appellate court closes the proceedings by virtue of clause 1 of part 1 of Article 255 of this Code, the court on the plaintiff's application under written proceedings shall decide to transfer the case to the court of the first instance, which has jurisdiction over such a case, except in cases of merging into one proceeding of several claims that are subject to consideration in different proceedings. If there are grounds for the jurisdiction of the case, the plaintiff at his/her choice in his/her application shall indicate only one court, whose jurisdiction includes the resolution of the dispute.

{Article 377 has been supplemented with part 4 under Law No. 460-IX of 15.01.2020}

Article 378. Grounds for judgment revocation and referral of the case for consideration to another court of first instance under the established jurisdiction

1. A judgment being a result of consideration of a case shall be subject to revocation with the referral of the case for consideration under the jurisdiction established by law, if the judgment has been adopted by a court in violation of the rules of territorial jurisdiction.

2. The case shall not be subject to a new consideration due to violations of the rules of territorial jurisdiction, if the case party who filed the appeal, when considering the case by the court of first instance did not declare non-jurisdiction of the case without reasonable grounds.

Article 379. Grounds for revocation of a court ruling, which prevents further proceedings in the case, and referring the case for further consideration to the court of first instance

1. The grounds for revocation of a court ruling, which prevents further proceedings in the case, and referring the case for further consideration to the court of first instance shall be:

1) incomplete clarification by the court of the circumstances relevant to the case;

2) unproven circumstances relevant to the case, which the court of first instance considers established;

3) inconsistency of the court's conclusions with the circumstances of the case;

4) violation of procedural law or incorrect application of substantive law, which has led to the erroneous ruling.

{Article 380 has been deleted under Law No. 460-IX of 15.01.2020}

Article 381. The procedure for adoption of rulings by appellate courts

1. The appellate court based on the results of the appeal consideration shall adopt a judgment according to the rules of Article 35 and chapter 9 of section III of this Code with regard to special provisions provided for in Article 382 of this Code.

2. Procedural issues related to the motion of the case, petitions and applications of the case parties, issues of adjournment of the case, announcement of a break, suspension of proceedings, as well as in other cases provided by this Code, shall be resolved in the court of appeal by adopting the rulings in the order determined by this Code for adoption of rulings by the court of first instance.

3. The resolution or ruling of the appellate court shall be executed by the judge-rapporteur (another judge if the judge-rapporteur does not agree with the resolution/ruling) and signed by all judges who considered the case, unless otherwise provided for by this Code.

Article 382. Resolution of the court of appeal

1. The resolution of the court of appeal shall consist of:

1) introduction where the following shall be stated:

a) date and place of its adoption, case number;

b) name of the appellate court, the names and initials of the judges and the secretary of the court hearing;

c) names (titles) of the parties and the person who filed the appeal;

d) name of the court of first instance, whose judgement is being appealed, the date of the judgement, the names of the judge (judges); time and place of its adoption, the date when the full text of judgement has been executed;

2) the descriptive part containing:

a) the summary of claims and the judgment adopted by the court of first instance;

b) the summary of appellate claims;

b) generalised arguments of the person who filed the appeal;

d) generalised arguments and objections of other case parties;

3) the reasoning part indicating:

a) the undisputed circumstances established by the court of first instance, as well as circumstances established by the court of appeal and legal relations determined in accordance with them;

b) the arguments according to which the court of appeal agreed or disagreed with the conclusions of the court of first instance;

c) the reasons for accepting or rejecting each argument stated by the case parties in the appeal and the defence to the appeal;

d) whether and by whom the rights, freedoms or interests were violated, not recognised or disputed, with an appeal to the court having been submitted by a person to protect these rights, freedoms or interests;

e) the conclusions based on the results of consideration of the appeal with reference to the rules of law, followed by the court of appeal;

4) the operative part containing:

a) the conclusion of the court of appeal on the merits of the appellate claims;

b) a new distribution of court costs incurred due to the proceedings in the court of first instance, in case of revocation or change of the judgment;

c) the distribution of court costs incurred due to the review of the case in the court of appeal;

d) the term and procedure for entry into force of the resolution and its appeal.

2. The resolution of the court of appeal may be appealed under cassation procedure in the cases provided for by this Code.

Article 383. Pronouncement of the resolution adopted by the court of appeal

1. The resolution adopted by the appellate court shall be pronounced under the rules established by Article 268 of this Code.

Article 384. Legal force of the resolution adopted by the court of appeal

1. The resolution of the court of appeal shall take legal effect from the date of its adoption.

Article 385. Separate ruling of the appellate court

1. In the cases and in the manner prescribed by Article 262 of this Code, the appellate court may adopt a separate ruling.

Article 386. Service of the resolutions adopted by the appellate court

1. The resolutions adopted by the appellate court shall be served (issued or sent) under the procedure established by Article 272 of this Code.

2. Duplicate judgments adopted by the court of appeal shall be reissued by the court that considered such a case as a court of first instance.

Article 387. Return of the case

1. Upon completion of the appellate proceedings, the case shall be sent to the court of first instance, which considered it, within five days.

Chapter 2. Cassation proceedings

§ 1. Cassation appeal

Article 388. Cassation court

1. The Supreme Court shall be the cassation court in consideration of civil cases.

Article 389. Right of cassation appeal

1. The case parties, as well as persons who did not participate in the case, if the court has decided on their rights, freedoms, interests and (or) obligations, shall have the right to appeal in cassation the following:

1) the judgments adopted by the court of first instance after the appellate review of the case and the resolution of the court of appeal, except for the judgments specified in Part 3 of this Article;

2) the rulings adopted by the court of first instance, specified in clauses 3, 6, 7, 15, 16, 22, 23, 27, 28, 30, 32 of part 1 of Article 353 of this Code, after their review under appellate procedure;

{Clause 2 of part 1 of Article 389 as amended by Law No. 460-IX of 15.01.2020}

3) the rulings of the appellate courts on refusal to open or close appellate proceedings, on return of appeal, on suspension of proceedings on securing the claim, replacement of the measure of securing the claim, on counter-securing, on refusal to adopt an additional judgment, on clarification of judgment or a refusal to clarify the judgment, on entry or refusing to enter the correction in the judgment, on returning the application for review of the judgment due to the newly-discovered or exceptional circumstances, on refusal to open proceedings due to the newly-discovered or exceptional circumstances, on dismissal of the application for review of the judgment due to the newly-discovered or exceptional circumstances, on the replacement of a case party, on the imposition of a fine under the procedural coercion, separate rulings.

{Clause 3 of part 1 of Article 389 as amended by Law No. 460-IX of 15.01.2020}

2. The grounds for cassation appeal of the court judgments referred to in clause 1 of part 1 of this Article shall be the incorrect application by the court of substantive law or violation of procedural law only in the following cases:

1) if the court of appeal in the appealed judgment has applied the rule of law without taking into account the conclusion on the application of the rule of law in such legal relations, set out in the resolution of the Supreme Court, unless there is a resolution of the Supreme Court on derogation from such conclusion;

2) if the appellant has reasonably substantiated the need to derogate from the conclusion on application of the rule of law in such legal relations, set out in the resolution of the Supreme Court and applied by the court of appeal to the judgment under appeal;

3) if there is no opinion of the Supreme Court on application of the rule of law in such legal relations;

4) if the judgment is appealed on the grounds provided for in parts 1, 3 of Article 411 of this Code.

The grounds for cassation appeal of judgments referred to in clauses 2, 3 of part 1 of this Article shall be the incorrect application by the court of substantive law or violation of procedural law.

{Part 2 of Article 389 as revised by Law No. 460-IX of 15.01.2020}

3. The following shall not be subject to cassation appeal:

1) judgments, rulings of the court of first instance and resolutions, rulings of the court of appeal in cases in which judgments are subject to review under appellate procedure by the Supreme Court;

2) judgments in minor cases and in cases with a cost of claim not exceeding two hundred and fifty the subsistence level for able-bodied persons, unless:

{clause 1 of clause 2 of part 3 of Article 389 as revised by Law No. 460-IX of 15.01.2020}

a) a cassation appeal concerns the issue of law, which is fundamental for the formation of a unified law enforcement practice;

b) a person who files a cassation appeal, under this Code, is deprived of the opportunity to refute the circumstances established by the appealed judgment when considering another case;

c) the case is of significant public interest or is of exceptional importance for the case party who files a cassation appeal;

d) a court of first instance has erroneously classified the case as minor.

4. A person who did not participate in the case, if the court has decided on his/her rights, freedoms, interests and (or) obligations, shall have the right to file a cassation appeal against the judgment only after its review under appellate procedure upon his/her appeal, except in the case when the judgment on the rights, freedoms, interests and (or) obligations of such a person has been adopted directly by the appellate court. After opening of cassation proceedings on the cassation appeal of a person who did not participate in the case, but the court decided on his/her rights, freedoms, interests and (or) obligations, such person shall enjoy procedural rights and bear procedural obligations of the case party.

{Part 4 of Article 389 as amended by Law No. 460-IX of 15.01.2020}

Article 390. Period for cassation appeal

1. A cassation appeal against a judgment shall be filed within thirty days from the day of its pronouncement.

If only the introductory and operative parts of the judgment were announced at the court hearing or in the event of consideration of the case (resolution of the issue) without notification (summons) of the case parties, the specified period shall be calculated from the date when the full judgment has been executed.

2. A case party who has not been served with a full judgment on the day of its pronouncement or execution shall have the right to renew the missed period for cassation appeal if the cassation appeal has been filed within thirty days from the date of service of such judgment.

3. The period for cassation appeal may also be renewed in case of omission for other valid reasons, except for the cases specified in part 3 of Article 394 of this Code.

Article 391. Procedure for filing a cassation appeal

1. A cassation appeal shall be filed directly to the court of cassation.

Article 392. Form and content of the cassation appeal

1. The cassation appeal shall be filed in written form.

2. The cassation appeal shall contain the following:

1) name of the court where it is filed;

2) full title (for legal entities) or name (surname, name and patronymic) (for natural persons) of the person filing the cassation appeal, its location (for legal entities) or place of residence or stay (for individuals), postal code, identification code of the legal entity in the Unified State Register of Enterprises and Organisations of Ukraine, taxpayer identification number (for individuals) (if any) or passport number and series for individuals who are citizens of Ukraine, contact details and e-mail address (if any);

3) full title (for legal entities) or name (surname, name and patronymic) (for individuals) of other case parties, their location (for legal entities) or place of residence or stay (for individuals);

4) the judgment (ruling) being appealed;

5) the ground (grounds) on which the cassation appeal is filed with the determination of the grounds (grounds) provided for in Article 389 of this Code.

In case of filing a cassation appeal under clause 1 of part 2 of Article 389 of this Code, the cassation appeal shall contain the judgment of the Supreme Court, containing conclusion on the rule of law applied in such legal relations, which was not taken into account in the appealed judgment.

In case of filing a cassation appeal under clause 2 of part 2 of Article 389 of this Code, the cassation appeal shall justify the need to derogate from the conclusion on the rule of law applied in such legal relations, set out in the resolution of the Supreme Court.

In case of filing a cassation appeal against the judgment referred to in clauses 2 and 3 of part 1 of Article 389 of this Code, the cassation appeal shall state the justification of the incorrect application of substantive law or violation of procedural law, which has led to a miscarriage of justice;

{Clause 5 of part 2 of Article 392 as revised by Law No. 460-IX of 15.01.2020}

6) petition of the person filing the appeal;

7) the list of written materials attached to the appeal;

8) the date of receipt of a duplicate judgment adopted by the appellate court under appeal.

3. A cassation appeal shall be signed by the person filing it or by such person's representative.

A power-of-attorney or other document certifying the authority of the representative shall be attached to the cassation appeal filed by the representative.

4. The following shall be attached to the cassation appeal:

1) duplicates of the appeal and other attached materials relevant to the number of case parties;

2) evidence confirming the date of receipt of the appealed duplicate judgment adopted by the appellate court (if any);

3) documents confirming the payment of the court fee in the prescribed manner and amount, or documents confirming the grounds for exemption from the payment of the court fee under the law.

5. If a cassation appeal is filed by a person exempted from paying court fees under the law, it shall indicate the grounds for exemption from payment of court fees.

§ 2. Opening of cassation proceedings

Article 393. Leaving a cassation appeal without motion, returning a cassation appeal

1. A cassation appeal shall be registered on the day of its receipt by the cassation court and not later than the next day shall be transferred to the judge-rapporteur determined under the procedure established by Article 33 of this Code.

2. If the cassation appeal is filed in violation of the requirements established by Article 392 of this Code, the provisions of Article 185 of this Code shall apply, subject to the adoption of the relevant ruling.

3. A cassation appeal shall also be left without motion if it has been filed after the expiration of the periods established by Article 390 of this Code and the person who filed it does not raise the issue of renewal of this period or if the grounds specified in the application are considered unreasonable. Upon that, within ten days from the date of service of the ruling to leave the cassation appeal without motion, the person shall have the right to apply to the court of appeal with a request to renew the period or indicate other grounds for renewal.

If the application has not been filed by the person within the specified period or the grounds for renewal of the cassation appeal have been considered invalid, the court shall refuse to initiate cassation proceedings under clause 4 of part 2, Article 394 of this Code.

{Paragraph 2 of part 3 of Article 393 as amended by Law No. 460-IX of 15.01.2020}

4. A cassation appeal shall not be accepted for consideration and shall be returned by the court also if:

1) a cassation appeal has been filed by a person who has no procedural dispositive legal capacity, has not been signed, has been signed by a person who does not have the right to sign it, or by a person whose official position is not specified;

2) the appeal has been filed in a way other than to court of cassation;

3) before adoption of the ruling to open the cassation proceedings, an application for its revocation has been received from the person who filed the appeal;

4) the cassation appeal does not set out the grounds provided for by this Code for appealing a judgment under cassation procedure.

5. The cassation court shall decide on leaving the cassation appeal without motion, within twenty days from the date of receipt of the cassation appeal. The court of cassation shall decide on the return of the cassation appeal within twenty days from the date of receipt of the cassation appeal or from the date of expiration of the period for elimination of deficiencies.

{Part 5 of Article 393 as amended by Law No. 460-IX of 15.01.2020}

6. A ruling shall be adopted regarding the return of the cassation appeal.

7. A duplicate ruling to return the cassation appeal shall be sent to the case parties in the manner prescribed by article 272 of this Code. A duplicate ruling to return the cassation appeal shall be sent to the appellant together with the materials attached to the appeal, and the cassation appeal shall remain in the court of cassation.

Article 394. Opening of cassation proceedings in the case, refusal to open cassation proceedings in the case

1. Upon receipt of a cassation appeal filed under the requirements of Article 392 of this Code, a panel of judges consisting of three judges shall decide on the opening of cassation proceedings (refusal to open cassation proceedings).

{Part 1 of Article 394 as amended by Law No. 460-IX of 15.01.2020}

2. The court shall refuse to open the cassation proceedings, if:

{Paragraph 1 of part 2 of Article 394 as amended by Law No. 460-IX of 15.01.2020}

1) a cassation appeal is filed against a judgment that is not subject to cassation appeal;

2) there is a ruling to close the cassation proceedings due to the refusal of this person from the previously filed cassation appeal against the same judgment;

3) there is a resolution to dismiss the cassation appeal of this person or a ruling to refuse to open cassation proceedings on the cassation appeal of this person against the same judgment;

4) the appellant has not filed an application for renewal of the period for cassation appeal within the period determined by the court or the grounds for the renewal of the period for cassation appeal have been declared invalid by the court.

5) in case of filing a cassation appeal under clause 1 of part 2 of Article 389 of this Code, the court may recognise such a cassation appeal as unjustified and refuse to open cassation proceedings, if the Supreme Court has already stated a conclusion in its ruling regarding the application of the rule of law in the cassation appeal, and the appellate court reviewed the judgment in accordance with such a conclusion (unless the Supreme Court has adopted a ruling to derogate from such a conclusion or if the Supreme Court deems it necessary to derogate from the conclusion regarding application of rule of law in such legal relations).

{Clause 5 of part 2 of Article 394 as revised by Law No. 460-IX of 15.01.2020}

3. Irrespective of the reasonableness of the grounds for missing the period for cassation appeal, the cassation court shall refuse to open appeal proceedings if the cassation appeal is filed after the expiration of one year from the date when the full text of a judgment has been executed, except for the following cases:

1) filing a cassation appeal by a person who has not been notified of the case consideration or has not been involved in it, if the court has adopted a judgment on his/her rights, freedoms, interests and (or) obligations;

2) missing the period for cassation appeal due to force majeure.

4. In case of appeal against the ruling (unless the ruling resulting from the case consideration) the court may recognise the cassation appeal unjustified and refuse to initiate cassation proceedings, if the correct application of the rule of law is obvious and does not cause reasonable doubt about its application or interpretation.

{Part 4 of Article 394 as revised by Law No. 460-IX of 15.01.2020}

5. A panel of judges consisting of three judges shall resolve the issue on opening the cassation proceedings in the case provided for in part 4 of this Article.

{Part 5 of Article 394 as revised by Law No. 460-IX of 15.01.2020}

6. The ruling to refuse to open cassation proceedings shall contain the reasons on which the court concluded that there are no grounds for opening cassation proceedings.

7. If there are no grounds for leaving the cassation appeal without motion, returning the cassation appeal or refusing to open cassation proceedings, the judge-rapporteur shall issue a ruling to open cassation proceedings in the case in which he/she decides on the request of case-file. The specified ruling shall be sent to the appellant and the case parties, with the duplicates of the cassation appeal and the relative documents attached.

8. The ruling to open cassation proceedings shall contain the ground (grounds) to open cassation proceedings with a period for the case parties to file a defence to the cassation appeal. If applications or petitions have been filed together with the cassation appeal, the court in the ruling to open cassation proceedings shall set a period within which the case parties shall lodge their objections to the filed applications or petitions, unless otherwise provided for by this Code.

{Paragraph 1 of part 8 of Article 394 as amended by Law No. 460-IX of 15.01.2020}

If there is a petition of the person who filed the cassation appeal, the court, if necessary, shall decide to suspend enforcement of the judgment (ruling) or to revoke it.

9. The ruling to open proceedings in the case or to refuse to open cassation proceedings shall be adopted by the cassation court no later than twenty days from the date of receipt of the cassation appeal or from the date of expiration of the period for elimination of deficiencies.

{Part 9 of Article 394 as amended by Law No. 460-IX of 15.01.2020}

10. A duplicate ruling to refuse to open cassation proceedings together with the materials attached to the appeal shall be sent to the person who filed the cassation appeal, and a copy of the cassation appeal shall remain in the cassation court.

Article 395. Defence to the cassation appeal

1. The case parties shall have the right to submit to the court of cassation a defence to the cassation appeal in writing within the period established by the court of cassation in the ruling to open cassation proceedings.

2. The defence to the cassation appeal shall contain:

1) name of the cassation court;

2) name, postal address of the person filing a defence to the cassation appeal, as well as the contact details, e-mail address, if any;

3) the rationale of objections as to the content and requirements of the cassation appeal;

4) if necessary, a petition of the person who files a defence to the cassation appeal;

5) the list of attached materials.

3. The absence of a defence to the cassation appeal shall not preclude the review of judgments (judgment).

4. Evidence of sending duplicates of the defence and attached documents to other case parties shall be attached to the defence.

Article 396. Closure of cassation proceedings

1. The court of cassation shall close the cassation proceedings if:

1) after the opening of the cassation proceedings, the person who filed the cassation appeal has lodged a petition to withdraw the appeal, except in cases where there are objections of other persons who have joined the cassation appeal;

2) after the opening of the cassation proceedings it has turned out that the cassation appeal was not signed, filed by a person who has no dispositive legal capacity, or signed by a person who has no right to sign it;

3) after the opening of the cassation proceedings on the cassation appeal filed by a person on the grounds on resolving issues on his/her rights, freedoms, interests and (or) obligations by a court of first instance or the appellate court, it has been established that the judgment has not resolved the issues on the rights, freedoms, interests and (or) obligations of such person.

4) after the opening of the cassation proceedings it turned out that the Supreme Court in its judgement has already set out a conclusion on the application of the rule of law in such legal relations, violated in the cassation appeal, or has withdrawn its conclusion on the application of the rule of law, which was the basis for opening of the cassation proceedings, and the appellate court reviewed the judgment in accordance with such an opinion (unless the Supreme Court deems it necessary to derogate from such conclusion). If a ruling to initiate cassation proceedings is also motivated by other grounds due to which there are no reasons to close the proceedings, the cassation proceedings shall be closed only as far as the grounds under this clause concern;

{Part 1 of Article 396 has been supplemented with clause 4 under Law No. 460-IX of 15.01.2020}

5) after the opening of the cassation proceedings under clause 1 of part 2 of Article 389 of this Code, the court has found that the conclusion on the application of the rule of law, which is set out in the ruling adopted by the Supreme Court and referred to by the appellant in the cassation appeal, concerns legal relations that are not similar.

{Part 1 of Article 396 has been supplemented with clause 5 under Law No. 460-IX of 15.01.2020}

2. The court of cassation shall issue a ruling to close the cassation proceedings.

Article 397. Joining the cassation appeal

1. The case parties shall have the right to join the cassation appeal lodged by the person by whose side they acted. Persons who did not participate in the trial also have the right to join the cassation appeal, if the court has decided on their rights, freedoms, interests and (or) obligation.

2. An application for joining a cassation appeal may be filed before the beginning of consideration of the case in the court of cassation.

3. The application for joining the cassation appeal shall be accompanied by a document on payment of the court fee and evidence of sending a duplicate application to other case parties.

Article 398. Addition, change or withdrawal of the cassation appeal or rejection of it

1. A person who has filed a cassation appeal shall have the right to supplement or change it within the period for cassation appeal.

2. In case of supplement or change of the cassation appeal, the person who filed the cassation appeal shall submit evidence of sending duplicates of the relevant supplement or changes to the cassation appeal to other case parties, otherwise the court shall not take into account such supplement or changes.

3. The person who has filed a cassation appeal shall have the right to withdraw it before the ruling to open cassation proceedings is adopted.

4. The person who has filed a cassation appeal shall have the right to withdraw it, and the other party shall have the right to recognise the cassation appeal as fully or partly justified until the appeal proceeding is complete. If the cassation appeal is rejected, and if other persons who joined the cassation appeal do not have objections, the court shall issue a ruling to close the cassation proceedings.

5. In case of closing the cassation proceedings due to the refuse to file a cassation appeal against the judgments, the re-appeal of this judgments by the person who refused to file the appeal shall not be allowed.

6. The cassation court shall have the right not to accept the refuse to file an appeal or its withdrawal on the grounds specified in part 5 of article 206 of this Code.

§ 3. Cassation review

Article 399. Preparation of the case for cassation consideration

1. After receiving the case, the judge-rapporteur within ten days shall prepare a report and set out the circumstances necessary for adoption of a judgment by the cassation court.

Article 400. Limits of consideration of the case by the court of cassation

1. Reviewing judgments under cassation procedure, the cassation court within the scope of arguments and claims of the cassation appeal, which became the basis for the opening of cassation proceedings, shall verify whether the court of first instance or the appellate court have applied the substantive or procedure law correctly and neither can establish or (and) consider proven circumstances that were not established in the judgment or rejected by it, nor decide on the reliability or unreliability of a particular evidence, the superiority of some evidence over others.

{Part 1 of Article 400 as revised by Law No. 460-IX of 15.01.2020}

2. The cassation court shall verify the legality of judgments only within the scope of claims filed in the court of first instance.

3. The court shall not be limited to the arguments and requirements of the cassation appeal, if during consideration of the case a violation of procedure law, as provided for in clauses1, 3, 4, 8 of part 1 of Article 411, part 2 of Article 414 of this Code has been detected, and if necessary to take into account the conclusion on the application of the law set forth in the resolution of the Supreme Court after the cassation appeal has been filed.

{Part 3 of Article 400 as revised by Law No. 460-IX of 15.01.2020}

Article 401. Preliminary consideration of the case

1. The preliminary consideration of the case shall be conducted within five days after the judge-rapporteur has drawn the report, by a panel of three judges under a written procedure without notifying the case parties.

Preliminary consideration of the case by the chamber, the joint chamber, the Grand Chamber shall not be conducted.

{Paragraph 2 of part 1 of Article 401 as revised by Law No. 2234-VIII of 07.12.2017}

2. In the preliminary court hearing, the judge-rapporteur shall report to the panel of judges on the preparatory actions and the circumstances necessary for the adoption of a judgment by the cassation court.

3. If there are no grounds to revoke the judgment, the cassation court shall dismiss the cassation appeal and leave the judgment without changes.

4. If there are grounds that entail the obligatory revocation of the judgment, the cassation court shall revoke the judgment.

5. If the grounds under parts 3 and 4 of this Article are not applicable, the cassation court shall assign the case for consideration. The case shall be assigned for consideration if at least one judge from all judges has reached such a conclusion. A ruling shall be approved regarding the assignment of the case for consideration, to be signed by all judges.

Article 402. Procedure for consideration of the case by the cassation court

1. In the cassation court the appeal shall be considered under the rules of consideration of the case by the court of the first instance under simplified action proceedings without notification of the case parties, taking into account Article 400 of this Code.

If necessary, the case parties may be summoned to provide explanations in the case.

2. Consideration of cases in the cassation court shall commence with the opening of the first court hearing or in fifteen days from the date of opening of cassation proceedings, if the case is considered without notification of the case parties.

{Part 2 of Article 402 as amended by Law No. 2234-VIII of 07.12.2017}

3. The presiding judge shall open the court hearing and announce which case, on whose appeal and regarding the judgment of which court is being considered.

4. The judge-rapporteur shall report to the necessary extent the content of the appealed judgment with the arguments of the cassation appeal and the defence to the cassation appeal.

5. The parties and other case participants shall give their explanations, where the party who filed the cassation appeal to be the first to give explanations. If the judgment is appealed by both parties, the plaintiff shall be the first to give explanations. The court may limit the duration of explanations by setting an equal period for all case parties, which is announced at the beginning of the court hearing.

6. In their explanations, the parties and other case participants may present only those arguments that relate to the grounds for cassation proceedings.

7. Having heard the case parties' explanations, the court shall leave to the deliberation room.

8. If necessary, a break may be announced during the consideration of the case or its consideration may be postponed.

Article 403. Grounds for referring a case to a chamber, a joint chamber or the Grand Chamber of the Supreme Court

1. A court which considers a case under cassation procedure before a panel of judges shall refer the case to a chamber to which such a panel is a member, if the panel deems it necessary to derogate from the conclusion on the application of the rule of law in such legal relations, set out in a previously adopted judgment of the Supreme Court in a panel of judges of the same chamber or in such a chamber.

2. A court which considers a case under cassation procedure before a panel of judges or a chamber shall refer the case to a joint chamber if that panel or chamber deems it necessary to derogate from the conclusion on the application of the rule of law in such legal relations, set out in a previously adopted judgment of the Supreme Court in a panel of judges from other chamber or in other chamber or a joint chamber.

3. A court which considers a case under cassation procedure before a panel of judges, a chamber or a joint chamber shall refer the case to the Grand Chamber if such a panel (chamber, joint chamber) deems it necessary to derogate from the conclusion on the application of the rule of law in such legal relations, set out in a previously adopted judgement of the Supreme Court in a panel of judges (chamber, joint chamber) of other cassation court.

4. A court which considers a case under cassation procedure before a panel of judges, a chamber or a joint chamber shall refer the case to the Grand Chamber of the Supreme Court if such a panel (chamber, joint chamber) deems it necessary to derogate from the conclusion on the application of the rule of law in such legal relations, set out in a previously adopted judgment of the Grand Chamber.

5. A court which considers a case under cassation procedure before a panel or chamber shall have the right to refer the case to the Grand Chamber of the Supreme Court if it concludes that the case contains an exclusive legal problem and such transfer is necessary to ensure the development of law and uniform law enforcement practice.

6. The case shall be referred to the Grand Chamber of the Supreme Court if a case party lodges an appeal against the judgment on the grounds of violation of the rules of subject-matter or personal jurisdiction, if:

1) the case party who is appealing the judgment participated in the consideration of the case in the court of first instance or the court of appeal and did not allege a violation of the rules of subject-matter or personal jurisdiction;

2) the case party who is appealing the judgment did not substantiate the court's violation of the rules of subject-matter or personal jurisdiction by available judgments of the Supreme Court in the panel of judges (chamber, joint chamber) of another court of cassation in a case with similar grounds and subject of the claim in similar legal relations;

3) the Grand Chamber of the Supreme Court has already set out in its ruling a conclusion on the issue of subject-matter or personal jurisdiction of the dispute in such legal relations.

{Part 6 of Article 403 as revised by Law No. 142-IX of 02.10.2019}

Article 404. Procedure for referring a case for consideration to a chamber, a joint chamber, or the Grand Chamber of the Supreme Court

1. The issue of referring a case for consideration to a chamber, a joint chamber, or the Grand Chamber of the Supreme Court shall be resolved by a court on its own initiative or at the request of a case party.

2. The issue of referring a case for consideration to a chamber, a joint chamber, or the Grand Chamber of the Supreme Court shall be resolved by a majority of judges considering the case.

3. The issue of referring a case for consideration to a chamber, a joint chamber, or the Grand Chamber may be resolved before the court of cassation adopts a ruling.

4. The court shall adopt a ruling on referring a case for consideration to a chamber, a joint chamber, or the Grand Chamber of the Supreme Court, stating the reasons for the need to derogate from the conclusion on the application of the rule of law in such legal relations set out in the judgment specified in parts 1–4 of Article 403 of this Code, or with the substantiated grounds specified in parts 5 or 6 of Article 403 of this Code.

5. A judge who does not agree with the judgment to refer (refuse to refer) a case to a chamber, a joint chamber or Grand Chamber shall state his/her separate opinion in writing in the ruling to refer the case to a chamber, a joint chamber or Grand Chamber of the Supreme Court, or in the resolution, adopted based on the results of the cassation consideration.

6. If the Grand Chamber of the Supreme Court concludes that there are no grounds for referring the case for its consideration, and if it concludes on unreasonableness of consideration of the case by the Grand Chamber of the Supreme Court, in particular due to the absence of an exclusive legal problem, a conclusion on application of a rule of law in the similar legal relations set out in a previously adopted judgment of the Grand Chamber of the Supreme Court, or if the Grand Chamber of the Supreme Court has already expressed a legal position as to the jurisdiction of the dispute in similar legal relations, the case shall be returned (referred) to the relevant panel (chamber, joint chamber). A case returned to the panel (chamber, joint chamber) for consideration may not be re-referred to the Grand Chamber for consideration.

{Part 6 of Article 404 as revised by Law No. 142-IX of 02.10.2019}

7. After referring a case for consideration to a chamber, a joint chamber or the Grand Chamber, the duly appointed judge-rapporteur shall, if necessary, apply to the relevant experts of the Scientific Advisory Board of the Supreme Court to prepare a scientific conclusion on the application of the rule of law, the matter in respect of which became the basis for referring the case to the Grand Chamber, unless the conclusion on the application of this rule of law in such legal relations was previously obtained by the Supreme Court.

Article 405. Procedure for consideration of a cassation appeal received by the cassation court after the end of the cassation case consideration

1. If the cassation court receives the cassation appeal after the end of the cassation case consideration, and the person who filed the appeal was not present during the cassation case consideration, the cassation court shall consider the relevant appeal under this chapter.

2. In the event of the opening of cassation proceedings on such an appeal, the court of cassation may revoke the previously adopted ruling and judgments under appeal.

3. Based on the results of consideration of the cassation appeal, the court shall issue a resolution under article 416 of this Code. In this case, if there are grounds, the previously adopted resolution of the court of cassation may be revoked.

4. The court of cassation shall consider the appeal referred to in Part 1 of this Article within the scope of arguments that were not considered during the cassation case consideration upon the cassation appeal of another person.

5. The court shall refuse to open proceedings on a cassation appeal filed under Part 1 of this Article, if the court has considered the arguments presented in it during the cassation case consideration upon the cassation appeal of another person.

Article 406. Cassation appeals against court rulings

1. The rulings adopted by courts of the first instance and appellate courts may be appealed under cassation procedure in the cases provided for in clauses 2, 3 of part 1 of Article 389 of this Code.

2. Appeals against rulings that are not subject to appeal separately from the judgment adopted by the court of first instance or the resolution of the court of appeal shall be included in the cassation appeal against the relevant judgment or resolution. In case of filing a cassation appeal against a ruling that is not subject to appeal separately from the judgment or resolution of the court, the court shall return it to the applicant, subject to adoption of the relevant ruling.

3. Cassation appeals against rulings of courts of first instance or the appellate courts shall be considered under the procedure provided for consideration of cassation appeals against judgments adopted by the courts of first instance, resolutions of the appellate courts.

4. In cases where the cassation court revokes the rulings of the court of first instance or the appellate court that impede the proceedings in the case, the case shall be referred to the relevant court of first instance or the appellate court for consideration.

Article 407. Period for consideration of the cassation appeal

1. A cassation appeal against judgment provided for in clause 1 of part 1 of Article 389 of this Code shall be considered within sixty days and against rulings provided for in clauses 2 and 3 of part 1, Article 389 of this Code within thirty days from the date of the adoption of a ruling to open the cassation proceedings in the case.

Article 408. Plaintiff's waiver of the claim and the conclusion of a settlement agreement by the parties

No matter who of the case parties filed a cassation appeal to open a cassation proceedings, the plaintiff shall have the right in the cassation court to waive the claim, and the parties may conclude the settlement agreement subject to the rules of this Code governing the procedure and consequences of these procedural actions.

2. If the statement of waiver of the claim or settlement agreement of the parties meets the requirements of Articles 206 and 207 of this Code, the court shall revoke the judgments of the courts of first instance and appellate courts and adopt a ruling to accept the plaintiff's waiver or to approve the settlement agreement of the parties, closing the proceedings in the case.

Article 409. Powers of the court of cassation

1. Based on the results of the cassation appeal consideration, the court of cassation shall have the right:

1) to leave the judgments of the courts of first instance and courts of appeal unchanged, and to dismiss the appeal;

2) to cancel the judgments of the courts of first instance and courts of appeal in whole or in part and transfer the case in whole or in part for a new consideration, in particular under the established jurisdiction or for the further consideration;

3) to cancel the judgments in full or in part and adopt a new judgment in the relevant part or change the judgment without referring the case for the reconsideration;

4) to cancel the ruling of the court of appeal in whole or in part and uphold the judgment adopted by the court of first instance in the relevant part;

5) to cancel the judgments adopted by the court of first instance and appellate court in the relevant part and close the proceedings in the case or leave the claim without consideration in the relevant part;

{Clause 5 of part 1 of Article 409 as amended by Law No. 2234-VIII of 07.12.2017}

6) in the cases provided for by this Code, to declare invalid the judgments adopted by the courts of first instance and courts of appeal in whole or in part and close the proceedings in the relevant part;

7) in the cases provided for by this Code, revoke its resolution (in whole or in part) and adopt one of the judgments specified in clauses 1–6 of part 1 of this Article.

Article 410. Grounds for dismissal of the cassation appeal and leaving the judgments unchanged

1. The cassation court shall dismiss the cassation appeal, and leave the judgments unchanged, if the judgment, reviewed within the scope provided for by Article 400 of this Code, has been adopted in compliance with the rules of substantive and procedural law.

{Part 1 of Article 410 as revised by Law No. 460-IX of 15.01.2020}

2. A substantively correct and lawful judgment cannot be revoked for formal reasons alone.

Article 411. Grounds for full or partial revocation of judgment and referral of the case for reconsideration or for further consideration in whole or in part

1. Judgments shall be subject to compulsory revocation with the referral of the case for reconsideration if:

1) the case has been considered and resolved by an unauthorised court;

2) the judge to whom the recusal was filed took part in the adoption of the judgment, and the cassation court recognised the grounds for recusal as substantiated, if the cassation appeal has been substantiated by such ground;

{Clause 2 of part 1 of Article 411 as amended by Law No. 460-IX of 15.01.2020}

3) the judgment has not been signed by any of the judges or has not been signed by the judges specified in the judgment;

4) the judgment has been adopted by judges who were not members of the panel that considered the case;

5) the case has been considered in the absence of any of the case parties, not duly notified of the date, time and place of the court hearing, if such a case party substantiates his/her cassation appeal with such ground;

6) the judgment has been adopted by the court in violation of the rules of instance or territorial jurisdiction;

{Clause 7 of part 1 of Article 411 has been deleted under Law No. 460-IX of 15.01.2020}

8) the court has adopted a judgment regarding the rights, freedoms, interests and (or) obligations of persons who were not involved in the case.

2. A judgment adopted by a court in violation of the rules of territorial jurisdiction shall not be revoked if the case party who filed the cassation appeal did not declare non-jurisdiction of the case during the consideration of the case by the court of first instance without reasonable grounds.

{Part 2 of Article 411 as revised by Law No. 2234-VIII of 07.12.2017}

3. The judgment may be also revoked and the case filed for reconsideration due to violation of the rules of procedural law, referred to by the applicant in the cassation appeal, which made it impossible to establish the facts relevant for the proper resolution of the case, if:

1) the court has not examined the evidence collected in the case, subject to the conclusion that the grounds of the cassation appeal stated in the cassation appeal are substantiated, as provided for in clauses1, 2, 3 of part 2 of Article 389 of this Code; or

2) the court has considered in the order of simplified action proceedings the case which was subject to consideration according to the rules of general action proceedings; or

3) the court unreasonably rejected the petition for request, examination or inspection of evidence or other petition (application) of the case party to establish the circumstances that are relevant to the proper resolution of the case; or

4) the court has established significant circumstances by virtue of inadmissible evidence.

{Part 3 of Article 411 as revised by Law No. 460-IX of 15.01.2020}

4. The case shall be referred for the reconsideration to the court of appeal, if the violations of procedural law have been committed only by this court. In all other cases, the case shall be referred to the court of first instance.

5. The conclusions of the cassation court, due to which the judgments were revoked, shall be binding on the court of first instance and the appellate court during the case reconsideration.

6. The grounds for revocation of judgments of the court of first instance and the court of appeal and referral of the case for further consideration shall be violations of substantive or procedural law, which led to the wrongful ruling adopted by the court of first instance and (or) the resolution of the court of appeal, preventing further proceedings in the case.

Article 412. Grounds for judgment revocation in whole or in part and adoption of a new judgment in the relevant part or change of a judgment

1. A court shall revoke a judgment in whole or in part and adopt a new judgment in the relevant part or amend it if such a judgment reviewed within the scope provided for in Article 400 of this Code, has been adopted through incorrectly applied rules of the substantive law and violation of the procedural law.

{Part 1 of Article 412 as revised by Law No. 460-IX of 15.01.2020}

2. Violation of the procedure law may be a ground for revocation or change of the judgment only if this violation has resulted in adoption of a wrongful judgment.

3. Incorrect application of substantive law shall mean: misinterpretation of the law, or application of the law that is not applicable, or non-application of the law that was applicable.

4. A change in a judgment may consist in supplementing or changing its reasoning and (or) operative parts.

Article 413. Grounds for revocation of the resolution adopted by the court of appeal in whole or in part and upholding the judgment adopted by the court of first instance in the relevant part

1. The cassation court shall revoke the resolution adopted by the appellate court in whole or in part and uphold the judgment adopted by the court of the first instance in the relevant part if within the scope provided for Article 400 of this Code it finds that the appellate court has revoked the legal judgment.

{Part 1 of Article 413 as amended by Law No. 460-IX of 15.01.2020}

Article 414. Grounds for revocation of the judgment in whole or in part with the closure of the proceedings or leaving the claim without consideration in the relevant part

1. The judgment adopted as a result of consideration of the case, shall be revoked under cassation procedure in whole or in part with the closure of the proceedings or leaving the claim without consideration in the relevant part on the grounds provided for in Articles 255 and 257 of this Code.

2. Violation of the rules of the general court's jurisdiction, defined in Articles 19–22 of this Code, shall be a mandatory ground for revocation of the judgment, regardless of the arguments of the cassation appeal.

3. If the court of first instance or the court of appeal has adopted a lawful and reasonable judgment, the death of an individual or termination of a legal entity that is a party to the dispute, which does not allow succession, after adoption of the judgment cannot be grounds for applying Part 1 of this Article.

4. If the cassation court closes the proceedings by virtue of clause 1 of part 1 of Article 255 of this Code, the court at the plaintiff's request shall adopt a ruling under written procedure to refer the case for further consideration to the court of first instance, which has jurisdiction to consider such case, except in cases on closure of the proceedings on several claims, which are subject to consideration in different proceedings, or referring the case in part for reconsideration or for further consideration. If there are grounds for the jurisdiction of the case, the plaintiff at his/her choice in his/her application shall indicate only one court, whose jurisdiction includes the resolution of the dispute.

{Article 414 has been supplemented with part 4 under Law No. 460-IX of 15.01.2020}

Article 415. The procedure for adoption of rulings by cassation courts

1. By virtue of the considered cassation appeal, the cassation court shall adopt a judgment under the rules established by Article 35 and chapter 9 of section III of this Code, with the special provisions indicated in Article 416 of this Code.

2. Procedural issues related to the motion of the case, petitions and applications of the case parties, issues of adjournment of the case, announcement of a break, suspension of proceedings, as well as in other cases provided by this Code, shall be resolved in the court of cassation by adopting the rulings in the order determined by this Code for adoption of rulings by the court of first instance.

3. The resolution or ruling of the court of cassation shall be executed by the judge-rapporteur (another judge if the judge-rapporteur does not agree with the resolution/ruling) and signed by all judges who considered the case, unless otherwise provided for by this Code.

Article 416. Ruling of the court of cassation

1. A ruling of the court of cassation instance shall consists of:

1) introduction where the following shall be stated:

a) date and place of its adoption;

b) name of the court of cassation, the names and initials of the judges and the secretary of the court hearing;

c) (title) name of the case parties and the name of the person who filed the cassation appeal;

d) name of the court of first instance and (or) the appellate court, whose judgement is being appealed, the case number, the date of the judgement, the name and initials of the judge (judges);

2) the descriptive part containing:

a) the summary of claims and judgments of the courts of first instance and the court of appeal;

b) the summary of claims of the cassation appeal;

c) generalised arguments of the person who filed the cassation appeal;

d) generalised opinion of other case parties;

3) the reasoning part indicating:

a) the reasons for accepting or rejecting each argument stated in the cassation appeal and the defence to the cassation appeal;

b) the arguments according to which the court of cassation agreed or disagreed with the conclusions of the court of first instance and (or) the court of appeal;

c) the conclusions based on the results of consideration of the cassation appeal with reference to the rules of law, followed by the court;

d) actions to be performed by the court of first instance and (or) the court of appeal in case of revocation of the judgment and referral of the case for reconsideration;

4) the operative part containing:

a) the conclusion of the court of cassation on the merits of the cassation appeal requirements and the claims;

b) the new distribution of court costs incurred due to consideration of the case in the court of first instance and the court of appeal, in case of revocation of the judgment and adoption of a new judgment or change of judgment;

c) the distribution of court costs incurred due to the review of the case in the court of cassation;

d) reversal of enforcement in case of revocation of judgments if the relevant application and grounds are available.

2. The resolution of a chamber, a joint chamber, the Grand Chamber of the Supreme Court shall contain a conclusion on how exactly the rule of law shall be applied, after a panel of judges, the chamber, the joint chamber refused to apply it and referred the case for consideration to the chamber, the joint chamber, the Grand Chamber.

Article 417. Binding nature of the instructions contained in the resolution of the cassation court

1. The instructions contained in the resolution of the cassation court shall be binding upon the court of first instance and the appellate court during the reconsideration.

2. The resolution of the court of cassation may not contain instructions for the court of first instance and the court of appeal on the authenticity or inaccuracy of any evidence, on the advantages of some evidence over others, on the rule of substantive law that should be applied and the judgment that shall be adopted by virtue of reconsideration of the case.

Article 418. Pronouncement of the resolution by the cassation court

1. The resolution adopted by the cassation court shall be pronounced under the rules established by Article 268 of this Code.

Article 419. Legal force of the resolution adopted by the court of cassation

1. The resolution of the court of cassation shall take legal effect from the date of its adoption.

2. Since the court of cassation adopts the resolution, the judgments revoked or recognised invalid, the resolutions and rulings adopted by the court of first instance or the court of appeal shall lose their legal effect and shall not be subject to further enforcement.

3. The resolution of the court of cassation shall be final and not subject to appeal.

Article 420. Separate ruling of the cassation court

1. In the cases and in the manner prescribed by Article 262 of this Code, the cassation court may adopt a separate ruling.

Article 421. Service of judgments adopted by court of cassations

1. The judgments adopted by the cassation court shall be served (issued or sent) under the procedure established by Article 272 of this Code.

2. Duplicate judgments adopted by the cassation courts shall be reissued by the court that considered the case as a court of first instance.

Article 422. Return of cases

1. After the cassation consideration is complete, the case shall be returned to the court of first instance, which considered it, within fifteen days, unless otherwise specified in the judgment adopted by the court of cassation.

{Part 1 of Article 422 as revised by Law No. 142-IX of 02.10.2019}

Chapter 3. Review of judgments on newly-discovered or exceptional circumstances

Article 423. Reasons for review

1. judgment, resolution or ruling of a court which resulted from the consideration of a case and have entered into force may be reviewed on the basis of newly-discovered or exceptional circumstances.

2. The grounds for the judgment review on the basis of newly-discovered circumstances shall be:

1) the circumstances that are significant for the case, not established by the court and were not and could not be known to the person filing the application at the time of the case consideration;

2) the fact of providing a knowingly incorrect expert conclusion, knowingly false testimony of a witness, knowingly incorrect translation, forgery of written, material or electronic evidence that has led to the adoption of wrongful judgment in this case, as established by the effective verdict or the ruling to close the criminal proceedings and release a person from the criminal responsibility;

3) revocation of the judgment, which became the basis for the adoption of the judgment subject to review.

3. The grounds for review of judgments due to the exceptional circumstances shall be:

1) the unconstitutionality (constitutionality) that has been identified by the the Constitutional Court of Ukraine regarding the law, other legal act or their separate provision that were applied (not applied) by a court while considering a case, if the judgment has not yet been enforced;

2) establishment by an international judicial institution, the jurisdiction of which is recognised by Ukraine, of violation by Ukraine of international obligations while considering this case in a court;

3) the effective court verdict on recognition a judge guilty of a criminal offence that resulted in adoption of a judgment.

{Clause 3 of part 3 of Article 423 as amended by Law No. 720-IX of 17.06.2020}

4. The following shall not be grounds for the review of a judgment based on newly-discovered circumstances:

1) re-evaluation of the evidence evaluated by the court in the process of consideration of the case;

2) evidence that was not evaluated by the court in relation to the circumstances established by the court.

5. When reviewing a judgment based on newly-discovered or exceptional circumstances, the court may not go beyond the claims that were the subject of consideration when adopting the judgment under review, consider other claims or other grounds of the claim.

Article 424. Period for filing applications for the review of judgments due to newly-discovered or exceptional circumstances

1. An application for the review of a judgment due to newly-discovered or exceptional circumstances may be filed:

1) on the ground specified in clause 1 of part 2 of Article 423 of this Code, by the case parties within thirty days from the date when the person became aware or could become aware about the existence of circumstances that are basis for the judgment review;

2) on the grounds specified in clause 2 of part 2 of Article 423 of this Code, by the case parties within thirty days from the date when the verdict (ruling) in criminal proceedings entered into force;

3) on the grounds specified in clause 3 of part 2 of Article 423 of this Code, by the case parties within thirty days from the date of entry into force of a judgment that substitutes the judgment, which became the basis for adoption of a judgment to be reviewed;

4) on the grounds specified in clause 1 of part 3 of Article 423 of this Code, by the case parties within thirty days from the date of the official publication of the relevant judgment adopted by the Constitutional Court of Ukraine;

5) on the grounds provided for in clause 2 of part 3 of Article 423 of this Code, by a person in whose favour the judgment was adopted by an international judicial institution whose jurisdiction is recognised in Ukraine, not later than thirty days from the date when such person became aware or could become aware of the finality of this judgment;

6) on the grounds provided for in clause 3 of part 3 of Article 423 of this Code, by the case parties within thirty days from the date when the verdict in the criminal proceedings entered into force.

2. Subject to the orders of Part 1 of this Article, an application for review of a judgment due to newly-discovered or exceptional circumstances may be filed:

1) on the grounds specified in clause 1 of part 2 of Article 423 of this Code, not later than three years from the date of entry into force of such a judgment;

2) on the grounds specified in clauses 2–3 of part 2 and part 3 of Article 423 of this Code, not later than ten years from the date of entry into force of such a judgment.

3. The periods specified in Part 2 of this Article may not be renewed.

Article 425. Procedure for filing a request to review judgment upon discovery of new or exceptional circumstances

1. An application for review of a judgment adopted by the court of the first instance on the grounds specified in part 2, clauses 1, 3 of part 3 of Article 423 of this Code shall be submitted to the court that adopted the judgment.

2. An application for review of judgments adopted by appellate and cassation courts on the grounds specified in part 1 of this Article, which substituted or revoked the judgment, shall be submitted to the court of the instance which is relevant to the new amended or adopted judgment.

3. An application for the review of a judgment on the grounds specified in clause 2 of part 3 of Article 423 of this Code shall be submitted to the Supreme Court and shall be considered by the Grand Chamber.

Article 426. Form and content of the application

1. Applications for review of judgments on newly-discovered or exceptional circumstances in form and content shall meet the requirements of this Code for execution of applications for the court of first instance.

2. The application shall indicate:

1) name of the court where the application is addressed;

2) name of the person submitting the application, place of residence or location;

3) other case parties;

4) the date of adoption and the content of the judgment for the review of which the application was filed;

5) newly-discovered or exceptional circumstances, which substantiate the request for review of the judgment, the date of their opening or establishment;

6) reference to evidence confirming the existence of newly-discovered or exceptional circumstances.

3. The following shall be attached to the application:

1) duplicates of applications relevant to the number of case parties;

2) a document on payment of the court fee;

3) evidence confirming the existence of newly-discovered or exceptional circumstances;

4) a document confirming the powers of the representative of the person submitting the application, if the application is signed by such a representative;

5) a petition of a person requesting a duplicate judgment adopted by an international judicial institution whose jurisdiction is recognised in Ukraine, from the authority in charge of coordinating the enforcement of judgments of the international judicial institution, if it has not been submitted in the order of the person who filed the application, in case of filing an application to review a judgment due to the ground provided for in clause 2 of part 3 of Article 423 of this Code;

6) a petition to renew a period for filing an application, if it has been missed.

A court fee shall not be recovered for filing and consideration of an application for review of a court judgment due to exceptional circumstances.

{Paragraph 8 of part 3 of Article 426 as revised by Law No. 460-IX of 15.01.2020}

Article 427. Opening of proceedings due to newly-discovered or exceptional circumstances

1. An application for review of a judgment due to newly discovered or exceptional circumstances, received by a court, shall be submitted to a judge or a panel of judges as determined under the procedure established by Article 33 of this Code.

2. Within five days after the receipt of the application by the court, the judge (judge-rapporteur) shall verify its compliance with the requirements of Article 426 of this Code and decide on the opening of proceedings due to newly discovered or exceptional circumstances.

3. The provisions of Article 185 of this Code shall apply to an application for review of a judgment due to on newly-discovered or exceptional circumstances, which has not been executed under the requirements established by Article 426 of this Code.

4. Having opened the proceedings on newly-discovered or exceptional circumstances, the judge (judge-rapporteur) shall send to the case parties the duplicates of the application for review and shall appoint the date, time and place of the court hearing, subject to notification of the case parties.

5. If the application contains a petition of a person requesting a duplicate judgment of an international judicial institution whose jurisdiction is recognised in Ukraine, the judge (judge-rapporteur) immediately after opening of the case proceedings shall adopt a ruling to request such a duplicate judgment together with its authentic translation from the authority in charge of coordinating the enforcement of judgments of the international judicial institution.

Article 428. Withdrawing request to review judgment upon discovery of new or exceptional circumstances and implications of such withdrawal

1. A person who has filed an application for review of a judgment due to newly-discovered or exceptional circumstances may waive of such an application before commencement of case consideration in court. If the waiver of the application is accepted, the court shall close the proceedings due to newly-discovered or exceptional circumstances, subject to adoption of the relevant ruling.

2. If the waiver of the application for review of the judgment due to newly-discovered circumstances is accepted, other case parties may request the compensation by the person who filed it, for the court costs incurred by them during the review of the judgment due to newly-discovered circumstances.

3. A person who has waived of an application for review of a judgment due to newly-discovered or exceptional circumstances may not re-apply to the court with the same application on the same grounds.

Article 429. Consideration of an application

1. An application for review of a judgment due to newly-discovered or exceptional circumstances shall be considered by the court in a court hearing within thirty days from the day of opening the proceedings due newly-discovered or exceptional circumstances.

2. The case shall be considered by a court under the rules established by this Code for proceedings in the court of the same instance where the review is performed. In the court of first instance the case shall be considered under simplified action proceedings with the notification of the case parties.

3. Based on the review of the judgment due to newly-discovered or exceptional circumstances, the court may:

1) dismiss the application for review of the judgment due to newly-discovered or exceptional circumstances and uphold the relevant judgment;

2) satisfy the application for review of the judgment due to newly-discovered or exceptional circumstances, revoke the relevant judgment and adopt a new judgment or change the judgment;

3) revoke the judgment and close the proceedings or leave the claim without consideration.

Based on the results of the review of the judgment due to newly-discovered or exceptional circumstances, the Supreme Court may also revoke the judgment (judgments) in whole or in part and refer the case for the reconsideration to the court of first instance or the court of appeal.

4. In case of dismissal of the application for review of the judgment, ruling, resolution due to newly-discovered or exceptional circumstances, the court shall adopt the ruling. If the application for review of the judgment is satisfied on the grounds specified in part 2, clauses 1, 3 of part 3 of Article 423 of this Code, and the judgment under review is revoked, the court shall:

1) adopt a judgment, if the judgment was reviewed;

2) adopt a ruling, if the ruling was reviewed;

3) adopt a resolution, if the resolution was reviewed.

By virtue of the considered application for review of a judgment on the grounds specified in clause 2 of part 3 of Article 423 of this Code, the Supreme court shall adopt a ruling.

5. A judgment adopted by virtue of the reviewed judgment due to newly discovered or exceptional circumstances shall be issued or sent to the case parties under the procedure provided for in Article 272 of this Code.

6. Other judgments adopted by other courts shall cease to be effective after the newly adopted judgment has entered into force.

7. A judgment adopted by virtue of the reviewed judgment due to newly-discovered or exceptional circumstances may be reviewed on general grounds.

Section VI
PROCEDURE ISSUES RELATED TO THE ENFORCEMENT OF judgmentS IN CIVIL CASES AND JUDGMENTS OF OTHER AUTHORITIES (OFFICIALS)

Article 430. Immediate enforcement of judgments

1. The court shall allow immediate enforcement of judgments in cases on:

1) recovery of alimony, within the amount of payment for one month;

2) awarding a payment of wages to an employee, but not more than for one month;

3) compensation for damage caused by injury, other damage to health or death of an individual, within the amount of the penalty for one month;

4) reinstatement of an employee who has been illegally dismissed or transferred to another job;

5) removal of the child and his/her return to the person with whom he/she lived;

6) disclosure by the bank of information containing banking secrecy concerning legal entities and individuals;

7) compulsory hospitalisation or extension of the term of compulsory hospitalisation in an anti-tuberculosis facility;

8) establishing the fact of birth or death of a person in the temporarily occupied territory of Ukraine, determined by the Verkhovna Rada of Ukraine;

9) providing a person with compulsory psychiatric care;

10) issuance or extension of a restraining order.

{Part 1 of Article 430 has been supplemented with clause 10 under Law No. 2229-VIII of 07.12.2017}

2. By adopting a judgment, the court may allow its immediate enforcement in the case of recovery of the full amount of the debt in awarding the payments specified in clauses 1–3 of part 1 of this Article.

Article 431. Enforcement of judgments

1. The judgments shall be enforced on the basis of a writ of enforcement issued by the court that considered the case as a court of first instance.

The writs of enforcement shall be set out in electronic form using the Unified Judicial Information and Telecommunication System by filling in the appropriate forms of procedural documents provided by the Regulations on the Unified Judicial Information and Telecommunication System and signed by an electronic digital signature of a judge (if a case is considered by panel of judges, it shall be signed by electronic digital signatures of all judges who are members of the panel).

2. The basis for the entity of state registration of legal entities, individual entrepreneurs and public associations of the judgment that has come into legal force, shall be its duplicate in the electronic form sent to the entity of state registration of legal entities, individual entrepreneurs and public associations within the frameworks of information interaction between the Unified State Register of judgments and the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organisations, approved by the Ministry of Justice of Ukraine together with the State Judicial Administration of Ukraine.

3. A writ of enforcement, a court order, and a judgment in the cases established by this Code, shall be the enforcement documents. A writ of enforcement, a court order, a judgment shall meet the requirements for the enforcement document established by law.

4. Within five days after the entry into force of the judgment, the enforcement document referred to in Part 3 of this Article shall be entered into the Unified State Register of Enforcement Documents, and its duplicate (text) containing information about the web-address of such document in the Unified State Register of Enforcement Documents, shall be sent to the recoverer to his/her official e-mail address, or by a registered letter or a registered letter with a declared value if an official e-mail address is not available.

5. If the judgment has been adopted in favour of several plaintiffs or against several defendants, or if enforcement should be carried out in different places or the judgment provides for several acts, several writs of enforcement shall be issued indicating one debtor and one recoverer and specifying which part of the judgment shall be enforced, or it shall stated that the obligation or right of recovery is joint and several.

6. Upon the application of the person in whose favour the judgment was adopted, the court may take measures provided for in Article 150 of this Code in order to ensure the enforcement of the judgment.

7. In case of resolving the issue of correcting an error in the enforcement document; recognition of the enforcement document as not subject to enforcement; securing the enforcement of a judgment; recovery in favour of the debtor unreasonably received by the recoverer under the enforcement document; renewal of the missed period for submission of the enforcement document for enforcement; postponement of the enforcement or enforcement in instalments, change or determination of method and procedure for enforcement; foreclosure on the money belonging to third parties or the immovable property, the ownership of which is not registered in the manner prescribed by law; suspension of judgment enforcement (force); replacement of a party to enforcement proceedings, the court shall enter a relevant ruling in the Unified State Register of Enforcement Documents no later than two days from the date of its adoption in the manner prescribed by part 4 of this Article.

{Part 7 of Article 431 as amended by Law No. 2234-VIII of 07.12.2017}

8. If the court has taken measures to secure the claim, the court shall enter documents available in court confirming the enforcement of the relevant judgments into the Unified State Register of Enforcement Documents.

9. Regulation on the Unified State Register of Enforcement Documents shall be approved by a joint regulatory act of the Ministry of Justice of Ukraine and the State Judicial Administration of Ukraine.

Article 432. Correction of an error in the enforcement document and recognition of it as unenforceable

1. The court that issued the enforcement document may, at the request of the recoverer or the debtor, correct the error made in its execution or issuance, or declare the enforcement document unenforceable.

2. The court shall recognise the enforcement document as unenforceable in whole or in part if it was issued erroneously or if the debtor's obligation is absent in whole or in part due to its termination, voluntary enforcement by the debtor or another person or for other reasons.

3. The court shall consider the application within ten days from the date of its receipt in court with the notification of the recoverer and the debtor, and shall adopt a ruling. The non-appearance of the recoverer and the debtor shall not preclude consideration of the application. Prior to the consideration of the application, the court shall have the right to suspend the enforcement of the enforcement document or to prohibit the acceptance of the enforcement document for enforcement.

4. The court shall issue a ruling on the correction of an error in the enforcement document and its recognition as unenforceable. If the recovery under such an enforcement document has already taken place in full or in part, the court shall concurrently while resolving these issues at the request of the debtor collect in his/her favour unreasonably received recovery by the recoverer under the enforcement document.

5. A judgment based on the results of consideration of an application may be appealed under the procedure established by this Code.

Article 433. Renewal of the missed period for presentation of the enforcement document for enforcement;

1. In case of missed period for presentation of the enforcement document for enforcement due to the grounds recognised by the court as reasonable, the missed period may be renewed.

2. An application for renewal of the missed period for presentation of the enforcement document issued by the court shall be submitted to the court that considered the case as a court of first instance.

An application for renewal of the missed period for presentation of the enforcement document issued by other authorities (officials) shall be submitted to the court at the place of enforcement of the relevant judgment.

3. The application shall be considered in a court hearing with notification of the case parties. Their non-appearance shall not preclude resolution of the issue on the missed period renewal. The court shall consider such an application within ten days.

4. The court shall issue a ruling on the renewal of the period for presentation of the enforcement document for enforcement.

Article 434. Settlement agreement in the process of enforcement

1. A settlement agreement concluded between the parties or an application for refusal of the recoverer from enforcement in the process of the judgment enforcement shall be submitted in writing to the state or private executor, who shall lodge it for approval to the court that issued the enforcement document.

2. The issue on approval of the settlement agreement in the process of judgment enforcement, satisfaction of the application for refusal of the recoverer from compulsory judgment enforcement shall be resolved by the court within ten days from the date of receipt of the relevant application.

3. The court shall have the right to refuse to approve the settlement agreement in the process of judgment enforcement on the grounds specified in Article 207 of this Code, and to satisfy the application for refusal of enforcement on the grounds specified in Article 206 of this Code.

Article 435. Postponement of enforcement and enforcement in installments, change or determination of the method and procedure for enforcement

1. At the party's request, the court that considered the case as a court of first instance may postpone the enforcement of a judgment or extend the period of its enforcement, and at the request of the recoverer or executor (in cases established by law), the court may determine or change the method or procedure.

2. An application for determination or change of the method or procedure for enforcement, postponement of enforcement and extend the period of enforcement of a judgment shall be considered within ten days from the date of its receipt at the court hearing with notification of the case parties.

3. The basis for determining or changing the method or procedure for enforcement, postponement of enforcement and enforcement in installments of a judgment shall be the circumstances that significantly complicate the judgment enforcement or make it impossible.

4. When deciding on the postponement of enforcement or extension of the period of enforcement of a judgment, the court shall also take into account:

1) the degree of guilt of the defendant in the dispute;

2) in respect of an individual, a serious illness of himself/herself or members of his/her family, his/her financial situation;

3) natural disaster, other emergencies, etc.

5. Enforcement in installments and postponement of enforcement of a judgment may not exceed one year from the date of adoption of judgment, ruling, resolution.

6. In case of postponement of enforcement and extension of the period of enforcement of a judgment, the court may take measures to secure the claim.

7. On the postponement of enforcement and extension of the period of enforcement of a judgment, determination or change of the method and procedure for its enforcement or the refusal to perform the relevant procedural actions, a ruling shall be issued, which is subject to appeal. If necessary, the judgment shall be sent to the banking institution at the location of the debtor or to the state executor, private executor.

Article 436. Suspension of a judgment enforcement

1. The court of cassation upon the case party's application or on its own initiative may suspend the enforcement of the appealed judgment or revoke it (if the judgment does not provide for compulsory enforcement) until the end of its review under cassation procedure.

2. A ruling shall be adopted to suspend a judgment enforcement or to revoke it.

3. In the resolution by virtue of the reviewed appealed judgment, the court of cassation shall decide on the resumption of its enforcement (effect).

Article 437. Temporary placement of a child in a children's or medical care facility

1. The issue on temporary placement of a child in a children's or medical care facility shall be decided by a court upon recommendation of the state executor.

2. The court shall consider this issue within ten days at the court hearing with the summons of the parties and with the obligatory participation of the guardianship authorities' representatives. The non-appearance of the parties shall not preclude resolution of the issue on placement of a child in a children's or medical care facility.

Article 438. Announcement of the search for a debtor or a child, compulsory attendance of a debtor

1. The search for a debtor or a child, compulsory attendance of a debtor shall be announced at the place of a judgment enforcement or at the last known place of residence (stay) of a debtor or a child, or at the location of their property, or at the place of residence (stay) of a recoverer.

2. The court shall have the right to request all necessary documents from the executor to decide on the announcement of search.

3. The court shall consider the executor's recommendation within ten days.

Article 439. Resolution of the issue on forced entry into a house or other property of a person

1. The issue of forced entry into a house or other property of a debtor who is an individual, or to a house or other property of the other person possessing the debtor's property or the property and money transferred from other persons to the debtor, or a child subject to the enforcement documents on his/her removal, while enforcing judgments and decisions of other authorities (officials) shall be resolved by the court at the location of a house or other property of the person, or by the court that has adopted the judgment upon recommendation of state executor or private executor.

2. The court shall consider the recommendation specified in part 1 of this Article immediately, but not later than the next day from the day of its receipt by the court, without notifying (summoning) the parties and other interested persons in consultation of state or private executor.

Article 440. Foreclosure on the money belonging to other persons, and the immovable property, the ownership of which is not registered in the manner prescribed by law;

1. The court that considered the case as a court of first instance may, at the request of the recoverer or the state or private executor, may apply the foreclosure on the money belonging to the person owing to a debtor, which is not disputed by the mentioned person or has been confirmed by the effective judgment.

2. The court shall dismiss this application if has been filed after expiration of the statute of limitations for the relevant claim of the debtor to this person, or after expiration of the period for presentation of the enforcement document for enforcement on recovery of money from this person in favour of the debtor under the effective judgment.

3. The application shall be considered by the court within ten days from the date of its receipt.

4. The court shall consider the application for the foreclosure on the money belonging to the person owing to a debtor, at the court hearing with the summons of such person and the case parties, but their absence shall not preclude consideration of the case provided they have been duly notified of the date, time and place of the case consideration.

5. At the recoverer's request the court may seize money in accounts (deposits) or in custody in banks or other financial institutions, owned by a person owing to a debtor, which is not disputed by the mentioned person or confirmed by the effective judgment.

The seizure shall be imposed within the scope of total amount of recovery in the manner prescribed by this Code for seizure while taking measures to secure the claim.

6. Concurrently the court shall decide on the counter-security and the prohibition for such a person to perform actions to repay the debt to the debtor and (or) suspend the judgment enforcement, according to which such person shall be recovered money within the scope of total amount of recovery till the issue of the foreclosure on the money is completely resolved.

7. The court shall adopt a ruling to satisfy the application for recovery of money belonging to the person owing to a debtor, or to dismiss it.

8. If the application is satisfied, the judgment may be enforced by foreclosure on the money belonging to the person within the debt of such person to the debtor.

9. The foreclosure on the money belonging to a person owing to a debtor shall be the basis for the recognition of the enforcement document, which is not enforceable in the amount collected, according to which the debtor acts as a recoverer.

10. The issues of foreclosure on the immovable property of the debtor, the ownership of which is not registered in the manner prescribed by law, during the enforcement of judgements and decisions of other authorities (officials) shall be resolved by the court upon the recommendation of the state executor, private executor.

11. The court shall immediately consider the recommendation of the state executor, private executor without notifying the parties and other interested persons in consultation of state executor, private executor.

Article 441. Temporary restriction of the right to leave Ukraine

1. Temporary restraint of an individual's right to leave Ukraine may be applied by a court as a measure to ensure the enforcement of a judgment or a decision of other authorities (officials), which is subject to enforcement in the manner prescribed by law.

{Part 1 of Article 441 as amended by Law No. 2475-VIII of 03.07.2018}

2. Temporary restriction of an individual's right to leave Ukraine shall be applied under the procedure established by this Code to secure the claim, with special provisions provided for in this Article.

3. The court may adopt a ruling on temporary restraint of the right to leave Ukraine applied to the individual who is a debtor due to non-enforced judgment or decision of other authorities (officials), if such a person evades the obligations imposed on him/her by the relevant judgment, for the period until the obligations under the judgment enforced in the enforcement proceedings are executed.

{Part 3 of Article 441 as amended by Law No. 2475-VIII of 03.07.2018}

4. The ruling on temporary restraint of an individual's right to leave Ukraine may be adopted by a court at the place of enforcement of the relevant judgment upon request of state or private executor. The court shall immediately consider such a recommendation without notifying the parties and other interested persons in consultation of state (private) executor.

{Part 4 of Article 441 as revised by Law No. 2475-VIII of 03.07.2018}

5. The court may cancel the temporary restraint of an individual's right to leave Ukraine upon a reasoned debtor's application.

{Article 441 has been supplemented with part 5 under Law No. 2475-VIII of 03.07.2018}

6. The court shall consider the application to cancel the temporary restraint of an individual's right to leave Ukraine within ten days from the date of its receipt at the court hearing with notification of the parties and other interested persons with the obligatory consultation of state (private) executor.

{Article 441 has been supplemented with part 6 under Law No. 2475-VIII of 03.07.2018}

7. By virtue of the considered application to cancel the temporary restraint of an individual's right to leave Ukraine, a ruling shall be adopted, which may be appealed.

{Article 441 has been supplemented with part 7 under Law No. 2475-VIII of 03.07.2018}

8. Refusal to cancel the temporary restraint of an individual's right to leave Ukraine shall not preclude re-application with the same application in case of newly-discovered circumstances justifying the need to cancel the temporary restraint of an individual's right to leave Ukraine.

{Article 441 has been supplemented with part 8 under Law No. 2475-VIII of 03.07.2018}

Article 442. Replacement of a party to enforcement proceedings

1. In case of withdrawal of one of the parties to the enforcement proceedings, the court shall replace such party with his/her successor.

2. An application for replacement of a party by his/her legal successor may be submitted by a party (interested person), public or private executor.

3. The court shall consider the application for replacement of the party by his/her legal successor within ten days from the date of its receipt by the court at the court hearing with notification of the case parties and interested persons.

The non-appearance of the case parties and other persons shall not preclude resolution of the issue on replacing a party to the enforcement proceedings.

4. The ruling to replace a party to the enforcement proceedings shall be sent (provided) to the case parties, as well as to the state executor, private executor under the procedure provided for in article 272 of this Code.

5. The provisions of this Article shall also apply in the event of the need to replace the debtor or recoverer in the writ of enforcement before the enforcement proceedings commence.

Article 443. Determining the share of the debtor's property in the property he/she owns together with other persons

1. The issue on determining the share of the debtor's property in the property he/she owns together with other persons, shall be resolved by the court upon the recommendation of state or private executor.

2. Within ten days the court shall consider this issue at the court hearing with notification of the parties and interested persons. The non-appearance of the parties and other persons shall not preclude resolution of the issue on determining the share of the debtor's property in the property he/she owns together with other persons.

Article 444. Reversal of enforcement of a judgment, a ruling

1. While adopting a ruling, the court of appeal or court of cassation shall decide on the reversal of enforcement, if by revocation of a judgment (recognising it invalid) it:

1) closes the proceedings in the case;

2) leaves the claim without consideration;

3) dismisses the claim in full;

4) satisfies the claims to a lesser extent.

2. If the judgment is revoked after its enforcement and the case is reversed for reconsideration, the court shall decide on the reversal of enforcement while adopting a judgment, if during the reconsideration it:

1) closes the proceedings in the case;

2) leaves the claim without consideration;

3) dismisses the claim in full;

4) or satisfies the claims to a lesser extent.

3. The court shall decide on the reversal of enforcement, if by virtue of the reviewed judgment due to newly-discovered or exceptional circumstances it:

1) closes the proceedings in the case;

2) leaves the claim without consideration;

3) dismisses the claim in full;

4) satisfies the claims to a lesser extent.

4. If the arbitral award is revoked, the debtor shall be returned all that has been recovered from him/her in favour of the recoverer under the specified judgment.

5. The issue on reversal of enforcement of a judgment shall be resolved by the court in the presence of the relevant application of the party.

6. A document confirming that the amount recovered under the previously adopted judgment has been written off by the banking institution or the property has been confiscated by state or private executor shall be attached to the application for reversal of enforcement of a judgment by returning the collected money, property or its monetary value.

7. No court fee shall be paid for filing an application for reversal of enforcement.

8. While resolving the issue on reversal of enforcement of a judgment, the court may take measures to secure the claim.

9. If the issue on reversal of enforcement of a judgment has not been resolved by the court under parts 1–3 of this Article, the defendant's application for reversal of enforcement of a judgment shall be considered by the court that considered the case as a court of first instance.

10. An application for reversal of enforcement of a judgment may be filed within one year from the date when the relevant judgment has been adopted by the court of appeal or court of cassation or from the date when the judgment has been approved during the case reconsideration. Such an application shall be considered at the court hearing with the notification of the recoverer and the debtor within twenty days from the date of receipt of the application, but their non-appearance shall not preclude its consideration.

Article 445. Special provisions for the reversal of enforcement in separate case categories

1. In the event of revocation of judgments due to newly-discovered or exceptional circumstances in cases of compensation for damage caused by injury, other damage to health or death of an individual, the reversal of enforcement shall be allowed if the revoked judgment was substantiated with the false information provided by the plaintiff or the forgery documents submitted by him/her.

2. In cases on recovery of alimony, as well as in cases on recovery of wages or other benefits arising from employment, reversal of enforcement shall not be allowed regardless of the procedure used to adopt a judgment, except when the judgment was substantiated with forgery documents or knowingly false information of the plaintiff.

Article 446. Jurisdiction of cases

1. Procedural matters relating to the enforcement of judgments in civil cases shall be resolved by the court which considered the case as a court of first instance, unless otherwise provided in this section.

2. Procedural issues related to the enforcement of decisions of other authorities (officials) shall be resolved by the court at the place of enforcement of the relevant judgment.

Section VII
JUDICIAL CONTROL OVER THE ENFORCEMENT OF judgmentS

Article 447. The right to appeal to the court

1. The parties to enforcement proceedings shall have the right to appeal to the court if they believe that the judgment, action or omission of a state executor or other official of the body of the state executive service or a private executor during the judgment enforcement under this Code violates their rights or freedoms.

Article 448. Filing of an appeal

1. An appeal shall be filed to the court which considered the case as a court of first instance.

2. The court shall notify the relevant body of the state executive service, private executor of the appeal filed, no later than the next day after its receipt by the court.

Article 449. Periods for filing an appeal

1. The appeal may be filed to the court:

a) within ten days from the day when a person learned or should have learned about the violation of his/her right or freedom;

b) within three days from the day when a person learned or should have learned about the violation of his/her right, in case of appeal against the resolution to postpone enforcement proceedings.

2. A missed period for filing an appeal due to reasonable grounds may be renewed by the court.

Article 450. Consideration of an appeal

1. The appeal shall be considered within ten days at the court hearing with the participation of a recoverer, a debtor and a state executor or any other official of the body of the state executive service or private executor, whose decisions, actions or omissions are appealed.

2. Non-appearance of the recoverer, debtor, state executor or any other official of the body of the state executive service, private executor, who have been duly notified of the date, time and place of the appeal consideration shall not preclude its consideration.

3. If the court finds that the person whose decision, action or omission is being appealed has been dismissed (does not carry out the relevant activity), it shall involve into the case an official whose competence includes resolving the issue of eliminating the violation of the applicant's rights or freedoms.

Article 451. Judgment on the appeal

1. By virtue of the considered appeal, the court shall issue a ruling.

2. If the apply is reasoned, the court shall recognise the appealed judgements, actions or omissions as illegal and oblige the state executor or any other official of the state executive service body, private executor to eliminate the violation (restore the violated applicant's right).

3. If the appealed judgments, actions or omissions were adopted or committed under the law, within the powers of the state executor or any other official of the body of state executive service, private executor and if the applicant's right was not violated, the court shall adopt a ruling to dismiss the appeal.

Article 452. Distribution of costs related to the appeal

1. The court costs related to the appeal consideration shall be borne by the applicant, if a judgment was adopted to dismiss his/her appeal, or by the body of the state executive service or private executor, if a ruling was adopted to satisfy the applicant's appeal.

Article 453. Enforcement of a court ruling

1. The relevant body of the state executive service, the private executor shall notify the court and the applicant on the enforcement of a court ruling adopted by virtue of the considered appeal no later than within ten days from the date of its receipt.

Section VIII
PROCEEDINGS IN CASES ON APPEALING THE ARBITRAL AWARDS, CHALLENGING THE INTERNATIONAL COMMERCIAL ARBITRAL AWARDS

Article 454. Appealing the arbitral awards, challenging the international commercial arbitral awards

1. The parties, third parties, as well as persons who did not participate in the case, if the arbitration court has decided on their rights and obligations, shall have the right to apply to the court to revoke the arbitral award.

The parties shall have the right to apply to the court to revoke the international commercial arbitral award.

2. The international commercial arbitral award may be challenged in the manner prescribed by this section, if the place of arbitration is located in Ukraine.

3. The application on arbitral award revocation shall be submitted to the appellate court at the place where the case is considered by the arbitration court.

4. An application on revocation of the international commercial arbitral award shall be submitted to the General Court of Appeal where the arbitration is located.

5. An application on revocation of an arbitral award shall be filed within ninety days:

1) by a party, a third party in a case considered by the arbitration court, from the date when the arbitral award is adopted;

2) by the persons who did not participate in the case, if the arbitration court has decided on their rights and obligations, from the date when they became aware or could become aware of the adopted arbitral award.

6. An application for revocation of an international commercial arbitral award may not be filed after expiration of three months from the date when the requesting party received the arbitral award, and in the event that such party submits a request to the international commercial arbitration court for correction or clarification of the award or adoption of an additional award, from the date when the international commercial arbitration court adopts the award on this request.

7. The application submitted after the expiration of the period established by parts 5 or 6 of this Article shall be returned.

8. The court shall adopt a ruling to refuse to open proceedings on the grounds provided for in clauses 1–3 and 6 of part 1 of Article 186 of this Code, as well as if the arbitral award, an international commercial arbitral award is appealed (challenged) on grounds not provided for by law or an international treaty, ratified by the Verkhovna Rada of Ukraine.

Article 455. Form and content of the application for revocation of the arbitral award, international commercial arbitral award

1. The application for revocation of the arbitral award, international commercial arbitral award shall be submitted in writing and signed by the person who appeals it.

2. The application shall state:

1) name of the court where the application is filed;

2) full title (for legal entities) or name (surname, name and patronymic for individuals) of the applicant, his/her location (for legal entities) or place of residence or stay (for individuals), postal code, identification code of the legal entity in the Unified State Register of Enterprises and Organisations of Ukraine taxpayer identification number of the appellant (for individuals) (if any) or the appellant's passport number and series for individuals who are citizens of Ukraine, contact details, official e-mail addresses and e-mail addresses (if any);

{Clause 2 of part 2 of Article 455 as amended by Law No. 2234-VIII of 07.12.2017}

3) surnames, names and patronymics (for individuals), full name (for legal entities) of the participants in the arbitration proceedings, their place of residence (stay) or location;

4) name (if any) and composition of the arbitration court, international commercial arbitration court, which adopted the award;

5) information on the arbitral award, international commercial arbitral award, which is appealed (challenged), namely: case number (if any), date and place of the award, subject of dispute, content of the operative part of the award, arbitration rules (regulations), according to which the award has been adopted;

6) the date of receipt by the person filing the application, of the arbitral award, the international commercial arbitral award, which is appealed (challenged);

7) the grounds for appeal (challenge) and revocation of the arbitral award, the international commercial arbitral award;

8) the content of the claim of the person submitting the application;

9) the list of documents and other materials attached to the application.

3. The application may contain other information if it is relevant for the consideration of this application (contact details, fax numbers, official e-mail address, e-mail address of the parties and the arbitration court, international commercial arbitration court, etc.).

4. The following shall be attached to the application for revocation of the arbitral award, international commercial arbitral award:

1) the original of the arbitral award, the original of a duly certified international commercial arbitral award or their duly certified duplicates. A duplicate of the award adopted by the permanent arbitration court, international commercial arbitration court located in Ukraine may also be certified by the presiding judge of the permanent arbitration court, international commercial arbitration court, and a duplicate of the arbitral award, international commercial arbitral award on resolution of a certain dispute shall be certified by a notary;

2) the original of the arbitration agreement, or its duly certified duplicate;

3) the documents submitted for substantiations of the grounds for revocation of the arbitral award, international commercial arbitral award;

4) a document confirming the payment of court fees;

5) a power-of-attorney or other document certifying the power of the person to submit the application;

6) the duplicates of the application for revocation of the arbitral award, international commercial arbitral award and the documents attached to it relevant to the number of trial participants;

7) a duly certified translation of the documents listed in clauses 1–3 and 5 of this part in Ukrainian or other languages provided for in the international treaty of Ukraine, if they are executed in another language.

5. The provisions of Article 185 of this Code shall apply to an application for revocation of the arbitral award, international commercial arbitral award filed in violation of the requirements specified in this Article.

6. In case of filing an application for revocation of the arbitral award, international commercial arbitral award in electronic form, the documents referred to in clauses 1, 2 of part 4 of this Article may be submitted as duplicates, but the applicant shall submit such documents to the court before consideration of the specified application. In case of non-submission of the specified documents the application shall be returned, subject to adoption of the relevant ruling by the court.

Article 456. Opening of the proceedings. Preparation of the case for consideration

1. If there are no grounds for refusal to open the proceedings or return the application for revocation of the arbitral award, international commercial arbitral award, no later than five days from the date of receipt of such application, the court shall open the proceedings and propose the case parties to submit their objections (explanations) regarding the filed application and the evidence on which such objections (explanations) are based, and determine the period for lodging such objections (explanations) and the evidence.

2. Before consideration of a case, at the request of any case party or on its own initiative, the court may request from the arbitration court or international commercial arbitration court for the necessary case-file concerning the grounds for revocation of the arbitral award or international commercial arbitral award. The requested case-file shall be sent to the court within five days from the date of receipt of such a request.

Article 457. Consideration of a case in court

1. The cases on appealing the arbitral awards, international commercial arbitral awards shall be considered by the judge alone within thirty days from the date of receipt by the court of the application for revocation of the arbitral award, international commercial arbitral award, at the court hearing with notification of the parties.

2. Non-appearance of the persons duly notified of the date, time and place of the hearing, shall not impede the consideration of the case.

3. When considering the case in court, the court shall establish the presence or absence of grounds for revocation of the arbitral award or international commercial arbitral award.

4. The court shall not be limited to the arguments of the application on the revocation of the arbitral award or international commercial arbitral award if during the consideration of the case the grounds for revocation of the arbitral award or international commercial arbitral award, defined by Article 458, part 2 of Article 459 of this Code are established.

5. The case shall be considered by the court under the rules established for consideration of the case by the court of first instance in the simplified action proceedings, with the special provisions established by this section.

{Part 5 of Article 457 as amended by Law No. 2234-VIII of 07.12.2017}

6. By virtue of the considered application on revocation of the arbitral award, international commercial arbitral award the court shall have the right to:

1) adopt a ruling to dismiss the application and leave the arbitral award, international commercial arbitral award unchanged;

2) adopt a ruling on full or partial revocation of the arbitral award, international commercial arbitral award.

7. At the petition of one of the parties to the arbitration proceedings and provided this petition is justified, the court may suspend the proceedings in the case for a period established by it in order to give the arbitration court, international commercial arbitration court the opportunity to resume arbitration proceedings or take other measures, which at the discretion of the arbitration court, international commercial arbitration court may eliminate the grounds for revocation of the arbitral award, international commercial arbitral award.

Proceedings in the case shall be resumed by a court ruling upon the petition of a party to the arbitration proceedings or on the initiative of the court after receiving information on results of the enforced ruling on suspension of the proceedings in the arbitration court, international commercial arbitration court, and if such information is unavailable, the proceedings shall be resumed after expiry of the period set by the court to provide such information.

8. Prior to adoption of the ruling by virtue of the considered application on revocation of the arbitral award, international commercial arbitral award, any party shall have the right in due manner and period to apply to the same court with an application for obtaining a writ of enforcement (permission) to enforce the same award and request to consider it jointly with the application on revocation of this award in a single proceeding.

The general requirements provided for in Articles 476 and 484 of this Code shall apply to the application for obtaining a writ of enforcement (permission) to enforce the award.

The court shall adopt a ruling on a joint consideration of such applications and combining them into one proceeding on the day of receipt of the application for obtaining a writ of enforcement (permission) to enforce the arbitral award, international commercial arbitral award, and if it is not possible, the court shall adopt a ruling not later than the next day.

9. After the court considers the application on revocation of the arbitral award, international commercial arbitral award, the relevant case-file shall be returned to the arbitration court, international commercial arbitration court, if the court requested such materials from the arbitration court, international commercial arbitration court.

Article 458. Grounds for revocation of an arbitral award

1. The arbitral award may be revoked only in the cases provided for in this Article.

2. The arbitral award may be revoked if:

1) the case subject to the arbitral award is not within the jurisdiction of the arbitration court according to the law;

2) the arbitral award has been adopted in a dispute not provided for in the arbitration agreement, or if this award resolved the issues that go beyond the arbitration agreement. If the arbitral award has resolved the issues that go beyond the arbitration agreement, then only the part of the award relating to issues that go beyond the arbitration agreement may be revoked;

3) the court has declared the arbitration agreement null and void;

4) the composition of the arbitration court that made the award did not meet the legal requirements;

5) the arbitration court has decided on the rights and obligations of persons who did not participate in the case.

3. Revocation by a court of the arbitral award shall not deprive a party of the right to re-apply to the arbitration court, unless otherwise provided for by law.

Article 459. Grounds for revocation of an international commercial arbitral award

1. The international commercial arbitral award may be revoked by a court only in the cases provided for in this Article unless otherwise provided by an international treaty, ratified by the Verkhovna Rada of Ukraine or the Law of Ukraine “On International Commercial Arbitration”.

2. The international commercial arbitral award may be revoked if:

1) the party who filed the application for revocation provides evidence that:

a) a party to the arbitration agreement was under some incapacity; or the said agreement is null and void under the law to which the parties have subjected it or, failing any indication thereon, under the law of Ukraine; or

b) it was not given proper notice of the appointment of an arbitrator or the arbitration proceedings or was otherwise unable to present its case; or

c) the award was made regarding a dispute not contemplated by or not falling within the terms of the arbitration agreement, or contains rulings on issues beyond the scope of the arbitration agreement, however, if the rulings on issues covered by the arbitration agreement can be separated from those not covered by such agreement, only that part of the award which contains ruling on issues not covered by such agreement may be revoked; or

d) the composition of the international commercial arbitration court or the arbitration procedure did not comply with the agreement of the parties, unless such an agreement was in conflict with the law from which the parties may not derogate, or, failing such agreement, did not comply with the law; or

2) the court finds that:

a) under the law, the dispute, given its subject matter, may not be referred to international commercial arbitration for the resolution; or

b) the arbitral award is contrary to the public policy of Ukraine.

3. The revocation by a court of the international commercial arbitral award shall not deprive a party of the right to re-apply to international commercial arbitration court, unless otherwise provided for by law.

Article 460. Court ruling in the case on revocation of the arbitral award, international commercial arbitral award

1. By virtue of the considered case on revocation of the arbitral award, international commercial arbitral award, the court shall adopt a ruling under the rules established by this Code for adoption of the award.

2. The court ruling shall also specify:

1) information on the arbitral award, international commercial arbitral award, which is being appealed (challenged), the place of its adoption;

2) name and composition of the arbitration court, international commercial arbitration court, which adopted the award under appeal;

3) names (titles) of the parties to the arbitration dispute;

4) an instruction to revoke the arbitral award, international commercial arbitral award in whole or in part or to dismiss the applicant's claims in whole or in part.

3. The court ruling to revoke the arbitral award, international commercial arbitral award or to refuse to revoke it may be appealed under the appellate procedure provided for the appeal of judgments.

4. By virtue of the considered application on revocation of the arbitral award, international commercial arbitral award or the refusal to revoke it, the court ruling shall enter into force after expiration of the period for the appeal, if it has not been appealed under appellate procedure.

5. In case of filing an appeal, the court ruling shall take legal effect after consideration of the case by the court of appeal.

Article 461. Procedure for appealing the rulings adopted by international commercial arbitration courts as to their relevant competence, under procedure for consideration of preliminary issues

1. Appealing of the rulings adopted by international commercial arbitration courts as to their relevant competence, rendered from the preliminary issue if the place of arbitration is located in Ukraine, shall be carried out under the procedure stipulated by this section with regard to the special provisions specified in the international treaty, ratified by the Verkhovna Rada of Ukraine or the Law of Ukraine “On International Commercial Arbitration”.

{Article 461 as amended by Law No. 2234–VIII of 07.12.2017}

Section IX
RECOGNITION AND ENFORCEMENT OF judgmentS OF FOREIGN COURTS, INTERNATIONAL COMMERCIAL ARBITRATION COURTS IN UKRAINE, GRANTING PERMISSION FOR COMPULSORY ENFORCEMENT OF ARBITRAL AWARDS

Chapter 1. Recognition and enforcement of the foreign court judgment subject to compulsory enforcement

Article 462. Conditions for recognition and enforcement of the foreign court judgment subject to compulsory enforcement

1. Foreign court judgment (court of a foreign state, other competent authorities of foreign states, which have jurisdiction over civil cases) shall be recognised and enforced in Ukraine, if their recognition and enforcement is provided for by an international treaty, ratified by the Verkhovna Rada of Ukraine, or on the principle of reciprocity.

2. If the recognition and enforcement of a foreign court judgment depends on the principle of reciprocity, it shall be deemed to exist, unless proven otherwise.

Article 463. Period for presentation a foreign court judgment for enforcement

1. The foreign court judgment may be presented to compulsory enforcement in Ukraine within three years from the date of its entry into force, except for the judgment to recover periodic payments, which may be presented for compulsory enforcement throughout the period of recovery with repayment of debt for the last three years.

Article 464. Courts considering cases on granting permission on compulsory enforcement of a foreign court judgment

1. The issue on granting permission on compulsory enforcement of a foreign court judgment shall be considered by the court at the place of residence (stay) or location of the debtor.

2. If the debtor has no place of residence (stay) or location in Ukraine, or his/her place of residence (stay) or location is unknown, the issue on granting permission on compulsory enforcement of a foreign court judgment shall be considered by the court at the location of the debtor's property in Ukraine.

Article 465. Procedure for filing a petition on granting permission on compulsory enforcement of a foreign court judgment

1. The petition on granting permission on compulsory enforcement of a foreign court judgment shall be submitted to the court directly by the recoverer (his/her representative) or under the international treaty, ratified by the Verkhovna Rada of Ukraine or another person (his/her representative).

2. If international treaties, ratified by the Verkhovna Rada of Ukraine, provide for the submission of a petition on granting permission on compulsory enforcement of a foreign court judgment through the state authorities of Ukraine, the court shall accept the petition received through the state authority of Ukraine.

Article 466. Requirements to a petition on granting permission on compulsory enforcement of a foreign court judgment

1. The petition on granting permission on compulsory enforcement of a foreign court judgment shall be submitted in written form and shall contain:

1) name (title) of the person submitting the petition, indication of his/her place of residence (stay) or location;

2) name (title) of the debtor, indication of his/her place of residence (stay), his/her location or the location of his/her property in Ukraine;

3) reasons for applying a petition.

Upon request of the person applying the petition on granting permission on compulsory enforcement of a foreign court judgment, the court shall take measures to secure the claim provided for by this Code. Securing of the claim shall be allowed at any stage of consideration of such a petition, if a failure to take measures to secure the claim may complicate or prevent the judgment enforcement.

2. The petition on granting permission on compulsory enforcement of a foreign court judgment shall be accompanied by documents provided for by international treaties, ratified by the Verkhovna Rada of Ukraine.

3. If the international treaties, ratified by the Verkhovna Rada of Ukraine, do not specify the list of documents to be attached to the petition, or if such a treaty is absent, the following documents shall be attached to the petition:

1) a duly certified duplicate of the foreign court judgment subject to the petition on its compulsory enforcement;

2) an official document that the foreign court judgment has entered into force (if it is not specified in the judgment itself);

3) a document certifying that the party who was subject to the foreign court judgment and who did not take part in the proceedings, has been duly notified of the date, time and place of the trial;

4) a document determining in what part or from what time the foreign court judgment shall be subject to execution (if it has already been enforced before);

5) a document certifying the representative's powers (if a representative has submitted an application);

6) a duly certified translation of the listed documents into Ukrainian or the language provided for by international treaties of Ukraine.

4. Having found that the petition and the documents attached to it are not executed under the requirements of this chapter, or the petition is not accompanied by all these documents, the court shall leave it without consideration and return the petition together with the documents attached to it to the person who filed it.

5. In case of filing a petition on granting permission on compulsory enforcement of a foreign court judgment in electronic form, the documents referred to in clauses 1–4 of part 3 of this Article may be submitted in duplicates, but the applicant shall submit such documents to the court before the trial. In case of non-submission of the specified documents the petition shall be returned without consideration, subject to adoption of the relevant ruling by the court.

Article 467. Consideration of a petition on granting permission on compulsory enforcement of a foreign court judgment

1. The court shall notify the debtor in written form within five days of the receipt of the petition on granting permission on compulsory enforcement of a foreign court judgment and offer him/her to lodge any objections to this petition within one month.

2. After the debtor lodges objections in written form, or in case he/she refuses to lodge objections, as well as if within a month from the moment when the debtor was notified of the petition received by the court no objection has been filed, the judge shall adopt a ruling specifying the date, time and place of consideration of the petition, with the parties to be notified in written form of it, not later than ten days before the consideration.

3. Upon the application of either party and if there are reasonable grounds, the court may adjourn the consideration of the petition, with the parties to be notified of it.

4. The petition on granting permission on compulsory enforcement of a foreign court judgment shall be considered by a single judge at the open court hearing.

5. Failure to appear without reasonable grounds at the hearing of any of the parties or their representatives, in respect of which the court has been informed of the timely service of the summons, shall not preclude the consideration of the petition, if either party has not raised the issue of adjournment of its consideration.

6. Having considered the submitted documents and having heard the parties' explanations, the court shall adopt a ruling on granting permission on compulsory enforcement of a foreign court judgment or on dismissal of the petition on this issue. A duplicate of the ruling shall be sent by the court to the parties within three days from the date when the ruling has been adopted.

7. If the foreign court judgment has already been enforced before, the court shall determine in what part or from what time it is subject to enforcement.

8. If the recovery amount is indicated in the foreign court judgment in foreign currency, the court considering this petition shall determine the amount in national currency at the exchange rate of the National Bank of Ukraine on the day when the ruling has been adopted.

9. The issue on taking measures to secure a claim provided for by this Code shall be considered under Chapter 10 of Section I of this Code.

Article 468. Grounds for dismissal of a petition on granting permission on compulsory enforcement of a foreign court judgment

1. The petition on granting permission on compulsory enforcement of a foreign court judgment shall not be satisfied in cases provided for by international treaties, ratified by the Verkhovna Rada of Ukraine.

2. If the international treaties, ratified by the Verkhovna Rada of Ukraine, do not provide for such cases, the petition may be dismissed:

1) if the foreign court judgment under the legislation of the state where it was adopted has not entered into force;

2) if the party in respect of whom the foreign court judgment was adopted, has been deprived of the opportunity to participate in the judicial proceedings due to the fact that he/she was not duly and timely notified of the trial;

3) if the judgment was adopted in a case, the consideration of which falls under exclusively the competence of a court or other authority of Ukraine duly empowered under the law;

4) if the judgment was previously adopted by the court of Ukraine and enacted in a dispute between the same parties, on the same subject-matter and on the same grounds, or if the court of Ukraine considers the case on resolving a dispute between the same parties, on the same subject-matter and on the same grounds, which was initiated before the opening of proceedings in a foreign court;

5) if the period established by international treaties, ratified by the Verkhovna Rada of Ukraine, and this Code for presentation of a foreign court judgment for enforcement in Ukraine was missed;

6) if the subject-matter of the dispute under the laws of Ukraine is not subject to judicial review;

7) if the enforcement of the judgment would threaten the interests of Ukraine;

8) if earlier in Ukraine the permission to enforce the foreign court judgment in a dispute between the same parties, on the same subject-matter and on the same grounds as the judgment requested for enforcement was recognised and granted;

9) in other cases determined by the laws of Ukraine.

Article 469. Challenging court’s ruling

1. A ruling on granting permission on compulsory enforcement of a foreign court judgment or on dismissal of the petition on this issue may be appealed in the manner and within the period provided for in this Code.

Article 470. Compulsory enforcement of a foreign court judgment

1. On the basis of a foreign court judgment and the effective ruling on granting permission on its compulsory enforcement, the court shall issue a writ of enforcement, to be presented for enforcement in the manner prescribed by law.

2. The writ of enforcement shall be entered into the Unified State Register of Enforcement Documents under the procedure established by the Regulation on the Unified State Register of Enforcement Documents.

Chapter 2. Recognition of a foreign court judgment that is not subject to compulsory enforcement

Article 471. Conditions for recognition of the foreign court judgment that is not subject to compulsory enforcement

1. The foreign court judgment that is not subject to compulsory enforcement shall be recognised in Ukraine if its recognition is provided for by international treaties, ratified by the Verkhovna Rada of Ukraine, or on the principle of reciprocity.

Article 472. Procedure for filing a petition on recognition of a foreign court judgment that is not subject to enforcement

1. The petition on recognition of a foreign court judgment that is not subject to compulsory enforcement shall be filed by the interested person to the court under Articles 464–466 of this Code on filing a petition on granting permission on compulsory enforcement of a foreign court judgment, taking into account the special provisions under this chapter.

2. The following documents shall be attached to the petition on recognition of a foreign court judgment that is not subject to compulsory enforcement:

1) a duly certified duplicate of the foreign court judgment subject to the petition on its recognition;

2) an official document that the foreign court judgment has entered into force, if it is not specified in the judgment itself;

3) a duly certified translation of the listed documents into Ukrainian or the language provided for by international treaties, ratified by the Verkhovna Rada of Ukraine.

Article 473. Consideration of a petition on recognition of a foreign court judgment that is not subject to enforcement

1. The court shall notify the interested person in writing within five days of the receipt of a petition on recognition of a foreign court judgment that is not subject to enforcement, and offer him/her to lodge possible objections to this petition within one month.

2. After the interested person has lodged the written objections or if he/she refused to lodge the objections, as well as if within a month since the court has notified the interested person about the petition received by the court no objection is lodged, the judge shall adopt a ruling specifying the date, time and place for the consideration of the petition, of which the interested persons shall be notified in writing no later than ten days before its consideration.

3. Upon the interested person's application and if there are reasonable grounds, the court may adjourn the consideration of the petition, with the interested persons to be notified of it.

4. The petition on recognition of a foreign court judgment, which is not subject to enforcement, shall be considered by a judge sitting alone at the open court hearing.

5. Non-appearance without reasonable grounds at the court hearing of the interested persons or their representatives, in respect of whom the court is aware of the timely service of the court summons, shall not preclude consideration of the petition, unless either of the interested persons has raised an issue on adjournment of the consideration.

6. By virtue of the considered petition and the objection if any, the court shall adopt a ruling on recognition of a foreign court judgment in Ukraine and dismissal of the objection or on dismissal of the petition on recognition of a foreign court judgment not subject to compulsory enforcement.

7. The recognition of a foreign court judgment in Ukraine not subject to compulsory enforcement may be dismissed on the grounds determined under Article 468 of this Code.

8. A duplicate of the ruling shall be sent by the court to the interested persons within three days from the date when the ruling has been adopted.

9. The ruling on recognition of a foreign court judgment in Ukraine or on dismissal of the petition on recognition of a foreign court judgment that is not subject to compulsory enforcement may be appealed in the manner and within the period determined by this Code.

Chapter 3. Recognition and granting permission on enforcement of an international commercial arbitral award

Article 474. Conditions for recognition and granting permission on enforcement of the award adopted by international commercial arbitration court, if it is located outside Ukraine

1. The international commercial arbitral award (if it is outside Ukraine), regardless of the country where it was adopted, shall be recognised and enforced in Ukraine, if such recognition and enforcement is provided for by an international treaty, ratified by the Supreme Council of Ukraine, or on the principle of reciprocity.

2. If the recognition and enforcement of a international commercial arbitral award depends on the principle of reciprocity, it shall be deemed to exist, unless proven otherwise.

Article 475. Procedure and period for filing an application on recognition and granting permission on enforcement of an international commercial arbitral award

1. The issue on recognition and granting permission on enforcement of an international commercial arbitral award shall be considered by the court upon the application of the recoverer under this chapter, if the debtor's place of residence (stay) or location is in Ukraine.

2. If the debtor has no place of residence (stay) or location in Ukraine, or his/her place of residence (stay) or location is unknown, the issue of granting permission on compulsory enforcement of an international commercial arbitral award shall be considered by the court if the debtor's property is located in Ukraine.

3. The application on recognition and granting permission on enforcement of an international commercial arbitral award shall be submitted to the court of appeal, whose jurisdiction extends to the city of Kyiv, within three years from the date when the award has been adopted by the international commercial arbitration court.

4. The application submitted after the expiration of the period determined by part 3 of this Article shall be returned without consideration. Upon the applicant's petition, the court may renew the missed period for filing an application on recognition and granting permission on enforcement of an international commercial arbitral award, if it finds the grounds for its omission reasonable.

Article 476. Form and content of the application on recognition and granting permission on enforcement of an international commercial arbitral award

1.The application on recognition and granting permission on enforcement of an international commercial arbitral award shall be submitted in written form and shall be signed by the person in whose favour the international commercial arbitral award was adopted, or by his/her representative.

2. The application on recognition and granting permission on enforcement of an international commercial arbitral award shall state:

1) name of the court where the application is filed;

2) name (if any) and composition of the international commercial arbitration court, which made the award subject to the writ of enforcement;

3) names (titles) of the case parties in the arbitration proceedings (their representatives), their place of residence (stay) or location;

4) the date and place of the international commercial arbitral award;

5) the date of receipt of the international commercial arbitral award by the person who applied;

6) the applicant's request for the issuance of a writ of enforcement for international commercial arbitral award enforcement.

3. The application may contain other information if it is relevant for the consideration of this application (contact details, fax numbers, official e-mail address, e-mail address of the parties and the international commercial arbitration court, etc.).

4. The following shall be attached to the application on recognition and granting permission on enforcement of an international commercial arbitral award:

1) the original of a duly certified arbitral award or a duplicate of such award certified by a notary;

2) the original of the arbitration agreement or a duplicate of such agreement certified by a notary;

3) a document confirming the payment of court fees;

4) duplicates of the application on recognition and granting permission on enforcement of an international commercial arbitral award relevant to the number of trial participants;

5) a power-of-attorney or other document certifying the power of the person to sign the application;

6) a duly certified translation of the documents listed in clauses 1–3 and 5 of this part in Ukrainian or other languages provided for in the international treaty, ratified by the Verkhovna Rada of Ukraine, if they are executed in another language.

5. The provisions of Article 185 of this Code shall apply to the application on recognition and granting permission on enforcement of an international commercial arbitral award filed in violation of this Article.

6. In the case of filing an application on recognition and granting permission on enforcement of an international commercial arbitral award in electronic form, the documents referred to in clauses 1, 2 of part 4 of this Article may be submitted as duplicates, but the applicant shall submit such documents to the court before consideration of the specified application. In case of non-submission of the specified documents the application shall be returned without consideration, subject to adoption of the relevant ruling by the court.

Article 477. Procedure for consideration of an application on recognition and granting permission on enforcement of an international commercial arbitral award

1. An application on recognition and granting permission on enforcement of an international commercial arbitral award shall be considered by a judge sitting alone within two months from the date of its receipt by the court at the court hearing with notification of the parties.

Non-appearance of the parties or one of the parties, duly notified of the date, time and place of the trial, shall not preclude the consideration of the application.

2. At the petition of one of the parties, the court shall request for evidence under the procedure determined by this Code.

3. Upon request of the person filing an application on recognition and granting permission on enforcement of an international commercial arbitral award, the court may take the measures provided for by this Code to secure the claim. Security for a claim shall be allowed at any stage of this application consideration, if a failure to take measures to secure the claim may complicate or prevent the enforcement of the international commercial arbitral award if a permission to its enforcement has been granted.

The issue on taking measures to secure a claim provided for by this Code shall be considered under Chapter 10 of Section I of this Code.

4. The court shall notify the debtor in written form within five days of the receipt of the application on recognition and granting permission on enforcement of an international commercial arbitral award and offer him/her to submit possible objections to this application within one month.

5. Upon receipt of the debtor's objections, and if no objections are filed within one month, the judge shall issue a ruling specifying the date, time and place of the the application consideration, with the parties to be notified in written form no later than ten days before its consideration.

6. Upon the application of either party and if there are reasonable grounds, the court may adjourn the consideration of the application, with the parties to be notified of it.

7. The court may suspend the proceedings in the case regarding the application on recognition and granting permission on enforcement of an international commercial arbitral award, if the competent court has an application for revocation of this award, until the court ruling on resolution of this application is entered into force.

Article 478. Grounds for refusal to recognise and grant permission on enforcement of an international commercial arbitral award

1. The court shall refuse to recognise and grant permission on enforcement of an international commercial arbitral award if:

1) at the request of the party against whom it is directed, if that party submits to the court evidence that:

a) the party to the arbitration agreement was under some incapacity; or the said agreement is null and void under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the award was made; or

b) the party against which the award is invoked was not given proper notice of the appointment of an arbitrator or the arbitration proceedings or was otherwise unable to present its case; or

c) the award was made regarding a dispute not contemplated by or not falling within the terms of the arbitration agreement, or contains resolutions on matters beyond the scope of the arbitration agreement, however, if the resolutions on issues covered by the arbitration agreement can be separated from those not covered by such agreement, only that part of the award which contains resolutions on issues covered by such agreement may be recognised and enforced; or

d) the composition of the international commercial arbitration court or the arbitration procedure did not comply with the agreement of the parties or, in the absence of such agreement, did not comply with the law of the country where the arbitration took place; or

e) the award has not yet become binding on the parties or has been revoked or suspended by a court of the state in which, or under the law of which, that award was made; or

2) if the court finds that:

a) under the law, the dispute, given its subject matter, may not be referred to international commercial arbitration for the resolution; or

b) the recognition or enforcement of the award is contrary to the public policy of Ukraine.

Article 479. Court ruling on recognition and granting permission on enforcement of an international commercial arbitral award or on dismissal to recognise and grant permission on enforcement

1. By virtue of the considered application on recognition and granting permission on enforcement of an international commercial arbitral award, the court shall adopt a ruling on recognition and granting permission on enforcement of an international commercial arbitral award or on dismissal to recognise and grant permission on enforcement of the international commercial arbitral award under the rules determined by this Code regarding adoption of awards.

2. The court ruling shall also specify:

1) name and composition of the international commercial arbitration court that made the award;

2) names (titles) of the parties to the arbitration dispute;

3) the data on the international commercial arbitral award, according to which the applicant requests a writ of enforcement to be issued;

4) an instruction to issue a writ of enforcement or to refuse to issue it.

3. If the international commercial arbitral award has already been enforced before, the court shall determine in what part or from what time it is subject to enforcement.

4. If the international commercial arbitral award provides for the payment of interest and (or) late charge accrued under the conditions specified in the international commercial arbitral award, the court shall state on accrual of such interest and (or) late charge in its ruling on recognition and granting permission on enforcement of this award, till the award is enforced, and subject to the current law governing such accrual.

5. The final amount of interest (late charge) in this case shall be calculated according to the rules specified in the judgment, the authority (person) that enforces the judgment and the relevant actions (decisions) which can be appealed in the manner prescribed by section VII of this Code.

6. If in the international commercial arbitral award the amount of recovery is specified in foreign currency or currencies, the court considering this application shall indicate in its resolution the amount of the recovery in the currency specified in the international commercial arbitral award and upon the recoverer's request it shall be specified in the national currency of Ukraine at the rate of the National Bank of Ukraine on the day when the ruling has been adopted.

7. The court ruling on recognition and granting permission on enforcement or on dismissal to recognise and grant permission on enforcement of the international commercial arbitral award may be appealed by the parties under the appellate procedure provided for by this Code for appeal of judgments.

8. The court ruling, if it has not been appealed under appellate procedure, shall enter into force after the period for appeal expires.

In case of filing an appeal, the court ruling shall take legal effect after consideration of the case by the appellate court.

9. The ruling on recognition and granting permission on enforcement of an international commercial arbitral award shall be sent to the parties in the manner determined by Article 272 of this Code.

10. The writ of enforcement shall be entered into the Unified State Register of Enforcement Documents not later than the next day from the day of its issuance under the procedure established by the Regulation on the Unified State Register of Enforcement Documents.

Article 480. Voluntary enforcement of an international commercial arbitral award on recovery of money

1. The application on recognition and granting permission on voluntary enforcement of an international commercial arbitral award on money recovery shall be submitted to the court by the debtor under the requirements of Articles 474–476 of this Code, taking into account the special provisions of this Article.

2. An application may be filed regarding the voluntary enforcement of an international commercial arbitral award on recovery of money only in full, and if the award is invoked against several debtors, in the part concerning the debtor who submits the application. In case of non-compliance with these requirements, the court shall return such an application without consideration.

3. The application on granting permission on voluntary enforcement of an international commercial arbitral award shall be considered by the judge sitting alone within ten days from the date of receipt by the court of the application on granting permission on voluntary enforcement of an international commercial arbitral award at the court hearing without notifying the trial participants.

4. If the grounds specified in clause 2 of part 1, Article 478 of this Code are not applicable, the court shall satisfy the application on granting permission on voluntary enforcement of an international commercial arbitral award and adopt a ruling on recognition and granting permission on enforcement of an international commercial arbitral award in the part that concerns the debtor who filed the application.

5. The court ruling on recognition and granting permission on voluntary enforcement or on dismissal to recognise and enforce the international commercial arbitral award may be appealed by the parties under the appellate procedure provided for by this Code for appeal of judgments.

6. The court ruling, if it has not been appealed under appellate procedure, shall enter into force after the period for appeal expires.

7. In case of filing an appeal, the court ruling shall take legal effect after consideration of the case by the appellate court.

8. Duplicates of the ruling shall be served on all parties to the arbitration proceedings under the procedure determined by Article 272 of this Code.

9. By virtue of the court ruling regarding the satisfied application on granting permission on voluntary enforcement of an international commercial arbitral award, the court shall issue a writ of enforcement upon the recoverer's request, which shall be entered into the Unified State Register of Enforcement Documents no later than the next day of its service, under the procedure determined by the Regulation on the Unified State Register of Enforcement Documents.

Article 481. Recognition of international commercial arbitral awards not subject to the compulsory enforcement

1. International commercial arbitral awards not subject to the compulsory enforcement shall be recognised under the procedure provided for in this chapter, taking into account the special provisions of chapter 2 of this section.

Article 482. Granting permission on enforcement of an international commercial arbitral award, if the place of arbitration is in Ukraine

1. Granting permission on enforcement of an international commercial arbitral award, if the place of arbitration is in Ukraine, shall be carried out by the court in the manner prescribed by this chapter, with the special provisions under this Article.

2. The court may suspend the proceedings in the case regarding the application on recognition and granting permission on enforcement of an international commercial arbitral award, if the court has an application for revocation of this award, until the court ruling on resolution of this application is entered into force.

3. Prior to adoption of a ruling on the merits of the submitted application regarding granting permission on compulsory enforcement of an international commercial arbitral award, any party to the arbitration proceedings in a due manner and period shall have the right to apply to the court to revoke this award and request to consider it together with the application on granting permission to enforce this award in a single proceeding.

The court shall adopt a ruling on joint consideration of the application on granting permission on enforcement of an international commercial arbitral award and the application on its revokation and combining them into a single proceeding on the day when the application for revocation of the international commercial arbitral award has been received, and if it is not possible, the court shall issue a ruling not later than the next day.

The general provisions provided for in Articles 454 and 455 of this Code shall apply to the application on the revocation of the international commercial arbitral award.

Chapter 4. Proceedings in cases on granting permission on compulsory enforcement of the arbitral awards

Article 483. Issuance of a writ of enforcement for the arbitral award compulsory enforcement

1. The issuance of a writ of enforcement for the arbitral award compulsory enforcement shall be considered by the court upon the application of the person in whose favour the arbitral award was made.

2. The issuance of a writ of enforcement for the arbitral award compulsory enforcement shall be submitted to the appellate court at the place of arbitration within three years from the date when the arbitral award has been made.

3. The application submitted after the expiration of the period determined by part 2 of this Article shall be returned without consideration. At the applicant's request, the court may renew the missed period for filing an application on the issuance of a writ of enforcement for the arbitral award compulsory enforcement, if it finds the grounds for its omission reasonable.

Article 484. The form and content of the application on the issuance of a writ of enforcement for the arbitral award compulsory enforcement

1. An application on the issuance of a writ of enforcement for the arbitral award compulsory enforcement shall be submitted in written form and shall be signed by the person in whose favour the arbitral award has been made or by his/her representative.

2. The application on the issuance of a writ of enforcement for the arbitral award compulsory enforcement shall state:

1) name of the court where the application is filed;

2) name and composition of the arbitration court, which made the award subject to the writ of enforcement;

3) full title (for legal entities) or names (surname, name and patronymic for individuals) of the case parties in the arbitration proceedings, their location (for legal entities) or place of residence or stay (for individuals), postal code, identification code of the legal entity in the Unified State Register of Enterprises and Organisations of Ukraine that are case parties in the arbitration proceedings, taxpayer identification number of the case parties in the arbitration proceedings (for individuals) (if any) or the passport number and series for individuals who are citizens of Ukraine of the case parties in the arbitration proceedings, contact details, official e-mail addresses and e-mail addresses;

4) the date and place of the arbitral award;

5) the date of receipt of the arbitral award by the person who applied;

6) the applicant's request for the issuance of a writ of enforcement for arbitral award enforcement.

The application may contain other information if it is relevant for the consideration of this application (contact details, fax numbers, official e-mail address, e-mail address of the parties and the arbitration court).

3. The following shall be attached to the application on the issuance of a writ of enforcement for the arbitral award compulsory enforcement:

1) the original arbitral award or a duly certified copy thereof. A copy of the award of the permanent arbitration court shall be certified by the presiding judge of the permanent arbitration court, and a duplicate of the arbitral award for resolving a specific dispute shall be certified by a notary;

2) the original of the arbitration agreement, or its duly certified duplicate;

3) a document confirming the payment of court fees;

4) the duplicates of the application on the issuance of a writ of enforcement for the arbitral award compulsory enforcement relevant to the number of trial participants;

5) a power-of-attorney or other document certifying the power of the person to sign the application.

4. The provisions of Article 185 of this Code shall apply to the application on the issuance of a writ of enforcement for the arbitral award compulsory enforcement filed in violation of the requirements specified in this Article, as well as in case of non-payment of the court fee.

5. In case of filing an application on the issuance of a writ of enforcement for the arbitral award compulsory enforcement in electronic form, the documents referred to in clauses 1, 2 of part 3 of this Article may be submitted in duplicates, however, the applicant must submit such documents to the court before the consideration of the said application commences. In case of non-submission of the specified documents the application shall be returned without consideration, subject to adoption of the relevant ruling by the court.

Article 485. Procedure for consideration of an application on the issuance of a writ of enforcement for the arbitral award compulsory enforcement

1. The application on the issuance of a writ of enforcement for the arbitral award compulsory enforcement shall be considered by the judge sitting alone within fifteen days from the date of its receipt at the court hearing with notification of the parties. Non-appearance of the parties or one of the parties, duly notified of the date, time and place of the trial, shall not preclude the consideration of the application.

2. When considering an application on the issuance of a writ of enforcement for the arbitral award compulsory enforcement upon the petition of one of the parties, the court shall request for the case from the permanent arbitration court where it is kept. The case shall be submitted to the court within five days from the date of receipt of the claim. In this case, the period for consideration of the application on the issuance of a writ of enforcement for the arbitral award compulsory enforcement shall be extended to thirty days from the date of its receipt by the court.

3. When considering the case at the court hearing, the court shall establish the presence or absence of grounds for a refusal to issue a writ of enforcement for the arbitral award compulsory enforcement provided for in Article 486 of this Code.

4. If the court receives an application for the issuance of a writ of enforcement for the arbitral award compulsory enforcement, and in its proceedings or in the proceedings of any other court there is a statement of appeal and revocation of this arbitral award, the court by virtue of clause 6 of part 1 of Article 251 of this Code shall suspend the proceedings of the application on the issuance of a writ of enforcement till the court ruling on dismissal of the application to revoke the appealed arbitral award enters into force.

5. Prior to adoption of a ruling on the merits of the submitted application regarding issuance of a writ of enforcement for the arbitral award compulsory enforcement, any party to the arbitration proceedings in a due manner and period shall have the right to apply to the court to revoke this award and request to consider it together with the application on granting permission to enforce this award in a single proceeding.

The court shall adopt a ruling on joint consideration of the application for the issuance of a writ of enforcement for the arbitral award compulsory enforcement and the application on its revokation and combining them into a single proceeding on the day when the application for arbitral award revocation has been received, and if it is not possible, the court shall issue a ruling not later than the next day.

The general provisions provided for in Articles 454 and 455 of this Code shall apply to the application on arbitral award revocation.

Article 486. Grounds for refusal to issue a writ of enforcement for the arbitral award compulsory enforcement

1. The court shall refuse to issue a writ of enforcement for the arbitral award compulsory enforcement if:

1) on the day when the award is made upon the application on issuance of a writ of enforcement, the arbitral award has been revoked by court;

2) the case subject to the arbitral award is not within the jurisdiction of the arbitration court according to the law;

3) the period for applying to issue a writ of enforcement has been missed, and the grounds for its omission have not been recognised by the court as reasonable;

4) the arbitral award has been adopted in a dispute not provided for in the arbitration agreement, or if this award resolved the issues that go beyond the arbitration agreement. If the arbitral award has resolved the issues that go beyond the arbitration agreement, then only the part of the award relating to issues that go beyond the arbitration agreement may be revoked;

5) the arbitration agreement has been declared null and void;

6) the composition of the arbitration court that made the award did not meet the legal requirements;

7) the arbitral award contains ways to defence the rights and protected interests, not provided for by law;

8) the permanent arbitration court has not submitted the relevant case at the request of the court;

9) the arbitration court has decided on the rights and obligations of persons who did not participate in the case.

Article 487. Court ruling on issuance of a writ of enforcement for the arbitral award compulsory enforcement or on refusal to issue it

1. By virtue of the considered application on issuance of a writ of enforcement for the arbitral award compulsory enforcement the court shall adopt a ruling on issuance of a writ of enforcement for the arbitral award compulsory enforcement or on refusal to issue a writ of enforcement for the arbitral award compulsory enforcement under the rules determined by this Code for adoption of judgments.

2. The court ruling shall also specify:

1) name and composition of the arbitration court that made the award;

2) surnames, names and patronymics (names) of the parties to the arbitration dispute;

3) the data on the arbitral award, according to which the applicant requests a writ of enforcement to be issued;

4) an instruction to issue a writ of enforcement or to refuse to issue it.

3. The court ruling on refusal to issue a writ of enforcement may be appealed by the parties in the appellate procedure determined for appealing the judgments of the court of first instance.

4. After the ruling on refusal to issue a writ of enforcement is entered into force, the dispute between the parties may be resolved by a court under general procedure.

5. The court ruling by virtue of the considered application on issuance of a writ of enforcement, if it has not been appealed under appellate procedure, shall enter into force after the period for appeal expires.

In case of filing an appeal, the court ruling shall take legal effect after consideration of the case by the appellate court.

6. The ruling on issuance of a writ of enforcement shall be sent to the parties within five days from the date of its adoption.

7. The writ of enforcement shall be entered into the Unified State Register of Enforcement Documents not later than the next day from the day of its issuance under the procedure established by the Regulation on the Unified State Register of Enforcement Documents.

8. After the court has considered the application on issuance of a writ of enforcement for the arbitral award compulsory enforcement, the case shall be returned to the permanent arbitration court.

Section X
RESTORATION OF THE LOST JUDICIAL PROCEEDINGS

Article 488. Restoration of the lost judicial proceedings

1. Restoration of the fully or partially lost civil judicial proceedings ended up with the adopted judgment or with the closed proceedings, shall be carried out under procedure determined by this Code.

Article 489. Persons authorised to apply to the court for restoration of the lost judicial proceedings

1. Lost civil judicial proceedings may be restored at the request of a case party or on the initiative of the court.

Article 490. Jurisdiction of the application for restoration of the lost judicial proceedings

1. An application for restoration of the lost judicial proceedings shall be submitted to the court which considered the case as a court of first instance.

Article 491. Form and content of the application for restoration of the lost judicial proceedings

1. An application for restoration of the lost judicial proceedings shall be submitted to the court in written form.

2. The application shall contain the following:

1) for the resumption of which judicial proceedings or what part of it the applicant requests;

2) which persons participated in the case and in what procedural status, their title (for legal entities) or name (surname, name and patronymic, if any, for individuals), their location (for legal entities) or place of residence (for individuals); identification codes of the legal entity in the Unified State Register of Enterprises and Organisations of Ukraine or taxpayer identification number (for individuals), if available, or passport number and series for individuals who are citizens of Ukraine if the relevant data are known to the applicant;

3) contact details of trial participants (telephone, fax, electronic means of communication, official e-mail address, etc.), if known to the applicant;

4) the information known to the applicant regarding the circumstances related to the loss of judicial proceedings, on location of duplicates of the proceedings materials or any data on such duplicates;

5) documents, deemed by the applicant to be necessarily restored; purpose of restoration.

3. The application for restoration of the lost judicial proceedings shall be accompanied by documents or copies thereof (even if they are not duly certified) kept by the applicant or in the case, duplicates of the application relevant to the number of case parties, and a request for renewal of the period for filing an application for restoration of the lost judicial proceedings, if necessary.

4. An application for restoration of the lost judicial proceedings may be filed to the court regardless of the period for the retention of the judicial proceedings unless otherwise provided for in part 5 of this Article.

5. An application for restoration of the lost judicial proceedings to enforce a judgement may be filed before the period for presentation of the writ of enforcement for enforcement expires. The court may renew this period if, at the request of the applicant, it finds the grounds for its omission reasonable.

Article 492. Consequences of non-compliance with the requirements for the form and content of the application, leaving the application without consideration or refusal to open proceedings on the application

1. In case of non-compliance of the application for restoration of the lost judicial proceedings with the requirements determined by Article 491 of this Code, the rules of Article 185 of this Code shall apply.

2. If the purpose of the appeal to the court, stated by the applicant, is not related to the protection of his/her rights and interests, or if the applicant withdrew the application for restoration of the lost judicial proceedings, the court shall return the application or leave it without consideration by virtue of the ruling, if the proceedings were opened.

3. The return of the application or leaving it without consideration on the grounds specified in parts 1 and 2 of this Article shall not preclude re-application to the court with a request to restore the lost judicial proceedings.

4. The court shall refuse to open proceedings on the application for restoration of lost judicial proceedings in the following cases:

1) filing an application for restoration of the judicial proceedings lost before the end of the trial;

2) if the application was filed after the period determined by part 5 of Article 491 of this Code expired, and the court rejected the request for its renewal.

5. In the case specified in clause 1 of part 4 of this Article, the court shall explain to the applicant the right to apply to the court with a new claim in the manner prescribed by this Code. The court ruling on opening of the proceedings in a new case due to the loss of unfinished proceedings shall stipulate this fact.

Article 493. Consideration of the application for restoration of the lost judicial proceedings

1. When considering an application for restoration of the lost judicial proceedings, the court shall take into account:

1) the part of the case that has survived (separate volumes, badges, materials from the court archives, etc.);

2) documents sent (issued) by the court to trial participants and other persons before the loss of the case, duplicates of such documents;

3) materials of enforcement proceedings, if it was carried out based on the results of the case;

4) any other documents and materials submitted by the trial participants, provided that such documents and materials are sufficient to restore the case;

5) information from the Unified State Register of Court Decisions;

6) data contained in the Unified Judicial Information and Telecommunication System;

7) any other information, documents, etc., legally obtained from other official sources.

2. The court may interrogate witnesses of the persons who were present during the proceedings, participants in the case (their representatives), and if necessary, the persons who were members of the court hearing the case regarding which the proceedings were lost, as well as persons, who enforced the judgment, and perform other procedural actions provided for by this Code, in order to restore the lost judicial proceedings.

3. Consideration of the application for restoration of the lost judicial proceedings shall be carried out according to the rules of simplified action proceedings with notification of the case parties, taking into account the features provided for in this section, within thirty days from the date of receipt of the application by court.

Article 494. Court ruling by virtue of the considered application on restoration of the lost judicial proceedings

1. On the basis of the collected and verified materials, the court shall adopt a ruling on the restoration of the lost judicial proceedings fully or in a certain part deemed by it as necessary for restoration.

2. The court ruling on restoration of the lost judicial proceedings shall stipulate the certain data filed to the court and considered at the court hearing, on the basis of which the court determines the content of the restored judgement; the court shall specify conclusions of the court on validity of the evidence considered by the court and the procedural actions performed in the lost proceedings.

3. In case of insufficiency of the collected materials for exact restoration of the lost judicial proceedings the court shall refuse to restore the lost judicial proceedings and clarify to the parties the right to re-appeal with the same application if the necessary documents are available.

4. After the court ruling specified in part 3 of this Article has entered into force, the cassation court shall close the cassation proceedings on the cassation appeal in the case in which the proceedings are lost.

Article 495. Exemption of the applicant from court costs

1. In the case of restoration of the lost proceedings, the applicant shall be released from court costs. In case of submission of a knowingly false application, the court costs incurred by other case parties shall be reimbursed by the applicant in full, subject to execution of a ruling by the court.

Section XI
PROCEEDINGS IN CASES INVOLVING FOREIGNERS

Article 496. Procedural rights and obligations of the foreign nationals

1. Foreigners, stateless persons, foreign legal entities, foreign states and international organisations have the right to apply to courts of Ukraine to protect their rights, freedoms or interests.

2. Foreigners shall have procedural rights and obligations on an equal footing with individuals and legal entities of Ukraine, except as provided by the Constitution and laws of Ukraine, as well as international treaties, ratified by the Verkhovna Rada of Ukraine.

Article 497. Jurisdiction of the courts of Ukraine in civil cases involving a foreign element

1. The jurisdiction of the courts of Ukraine in civil cases involving a foreign element shall be determined by this Code, law or international treaty, ratified by the Verkhovna Rada of Ukraine.

Article 498. Appeal of a court of Ukraine with a court order to provide legal aid to a foreign court or other competent authority of a foreign state

1. If in the course of consideration of a case in court it is necessary to serve documents, obtain evidence, conduct certain procedural actions on the territory of another state, the court of Ukraine may apply to a foreign court or other competent authority of a foreign state (hereinafter referred to as the foreign court) under the procedure established by this Code or the international treaty, ratified by the Verkhovna Rada of Ukraine.

2. The order of a court of Ukraine shall be sent under the procedure established by this Code or an international treaty, ratified by the Verkhovna Rada of Ukraine or, if no international treaty has been concluded, to the Ministry of Justice of Ukraine, which shall send the order to the Ministry of Foreign Affairs of Ukraine for its transfer by means of diplomatic channels.

Article 499. Content and form of the court order for the provision of legal aid

1. Content and form of the court order for the provision of legal aid shall comply with requirements of an international treaty, ratified by the Verkhovna Rada of Ukraine, and if it is not ratified, it shall correspond to the requirements of the Parts 1–4 of this Article.

2. The court order for the provision of legal aid shall contain:

1) the name of the court, considering a case;

2) if the international treaty, ratified by the Verkhovna Rada of Ukraine is available, with Ukraine and a state, to which an instruction is addressed being the parties thereto, the references to its provisions shall be given;

3) title of the case under consideration;

4) surname, name, patronymic and year of birth of an individual or title of a legal entity, information on their place of residence (stay) or location, as well as other data necessary for the order enforcement;

5) procedural status of persons being subject to enforcement of the procedural actions;

6) the clear list of procedural actions to be performed;

7) other data, unless provided by the relevant international treaty, ratified by the Verkhovna Rada of Ukraine, or if it is required by a foreign court that will enforce the order.

3. The court order for the provision of legal aid shall be executed in Ukrainian. A certified translation into the official language of an appropriate state shall be attached to the court order, except as otherwise provided for by an international treaty, ratified by the Verkhovna Rada of Ukraine.

4. The court order for the provision of legal aid, procedural and other documents attached to it shall be signed by the judge, executing the order, and certified by an official seal.

Article 500. Enforcement of the orders of foreign courts in Ukraine

1. The courts of Ukraine shall enforce the orders of foreign courts for the provision of legal aid concerning serving of court summons or other documents, interrogation of parties or witnesses, exercise of expert examination or inspection at the location, performing of other procedural actions, transferred to them pursuant to the procedure, specified in an international treaty, ratified by the Verkhovna Rada of Ukraine, and if the international treaty is not concluded, it shall be transferred by means of diplomatic channels.

2. The court order shall not be admitted for the enforcement, if it:

1) may lead to violation of the sovereignty of Ukraine or to endanger its national security;

2) does not belong to the jurisdiction of this court;

3) contradicts to the laws or the international treaty, ratified by the Verkhovna Rada of Ukraine.

3. Enforcement of the court order shall be performed pursuant to this Code. Upon the request of a foreign court, procedural actions may be taken in the course of the court order enforcement by application of the law of another state, if such application does not contradict to the laws of Ukraine.

4. If a foreign court receives a request for the personal presence of its authorised representatives or trial participants during the court order enforcement, the court of Ukraine enforcing the order shall decide on the consent to such participation.

5. Enforcement of a court order shall be confirmed by the minutes of the court hearing, other documents, executed or received during the order enforcement, which shall be signed by a judge, and certified by an official seal.

6. If it is not possible to enforce the order of a foreign court, the court of Ukraine in the manner prescribed by an international treaty, ratified by the Verkhovna Rada of Ukraine, or if the international treaty is not concluded, through diplomatic channels, shall return such an order to a foreign court without having been enforced, stating the reasons and submitting the relevant documents confirming this.

Article 501. Enforcement of the foreign court order as to the serving of a court summons or other documents

1. The foreign court order as to the serving of a court summons or other documents shall be enforced within the court hearing or by the authorised court officer at the place of residence (stay, place of work) of an individual, or at the place of business of a legal entity.

2. A court summons or other documents, which shall be served due to the foreign court order, shall be served personally to the individual or his/her representative, or to the representative of a legal entity, against a receipt.

3. The summons sent in order to enforce a foreign court order for serving the documents, apart from data, specified in Article 129 of this Code, shall additionally contain the information as to the consequences of refusal from receipt of documents and non-appearance in the court in order to receive documents pursuant to parts 5 and 6 of this Article.

4. If a person who is to be serviced the court summons or other documents on behalf of a foreign court is in custody or is serving a sentence of life imprisonment, imprisonment for a definite term, detention in a penal military unit, restriction of freedom, detention, the court shall send the documents to be served on behalf of a foreign court to the administration of the place of detention of the person that shall serve the documents against a receipt and immediately send the receipt and written explanations of this person to the court.

5. In case if a person refuses to receive the court summons or other documents, which shall be served upon the foreign court order, the judge, an authorised court officer or representative of person's detention administration shall make an appropriate mark on the documents, which shall be served. In such event, the documents, which shall be served upon the foreign court order, shall be deemed as served.

6. If a person, which was duly notified as to the date, time and place of the court hearing, in which the court summons or other documents shall be served upon the foreign court order, does not appear in the court without reasonable grounds, such documents shall be deemed as served.

7. The foreign court order to serve a court summons or other documents shall be deemed as enforced on the day when the person or his/her representative received such documents or refused to receive them; or if such person or his/her representative duly notified of the date, day, time and the place of the court hearing at which the court summons or other documents are to be served, without reasonable grounds did not appear in court, a court summons or other documents shall be deemed as enforced on the day of such court hearing.

8. Enforcement of the foreign court order for the serving of a court summons or other documents shall be approved by the minutes of the court hearing, in which the applications or notifications made by persons with regard to the documents receipt shall be mentioned, as well as by confirmation that the person has been notified as to the necessity to appear in a court in order to receive documents, and by other documents, executed or received in the course of enforcement of the order, which shall be signed by a judge, and certified by an official stamp.

Article 502. Enforcement of court orders by foreign diplomatic institutions of Ukraine

1. A court order for serving documents to a citizen of Ukraine, who lives on the territory of a foreign state, may be enforced by the officers of diplomatic mission or consular post of Ukraine in the relevant state. Such documents shall be received by a person voluntarily. The documents shall be served against a receipt with a notice as to the date of receipt, and shall be signed by the official and certified by a seal of the relevant foreign diplomatic institution of Ukraine.

2. A court order for taking certain procedural actions in respect of a citizen of Ukraine residing in a foreign state may be enforced by officers of a diplomatic mission or consular post of Ukraine in the respective state, if it is provided by an international treaty, ratified by the Verkhovna Rada of Ukraine. In case of taking certain procedural actions, a protocol shall be executed and signed by the person against whom procedural actions were taken and the person who took procedural actions, and certified by the seal of the relevant foreign diplomatic mission of Ukraine. The protocol shall indicate the day, time and place of the order enforcement.

3. In course of the court order enforcement, the procedural law of Ukraine shall apply. Coercive measures shall not apply to the court order enforcement.

Section XII
FINAL PROVISIONS

1. Part 2 of Article 172 (in part of sending a duplicate court order containing information about the web address of the court order in the Unified State Register of Enforcement Documents), parts 4, 7 and 8 of Article 431 (in part of entering documents into the Unified State Register of Enforcement Documents), part 2 of Article 470, part 10 of Article 479, part 9 of Article 480, part 7 of Article 487 of this Code shall come into force 30 days after the publication by the State Judicial Administration of Ukraine of the announcement on the Unified State Register of Enforcement Documents in Holos Ukrainy newspaper.

2. Parts 10, 11 of Article 265, parts 4, 5 of Article 479 of this Code shall enter into force on 1 January 2019.

3. During the quarantine established by the Cabinet of Ministers of Ukraine to prevent the spread of coronavirus disease (COVID-19), the court at the request of the parties and persons who did not participate in the case, if the court decided on their rights, interests and (or) obligations (if they have the right to perform the relevant procedural actions provided for in this Code), shall renew the procedural periods established by the norms of this Code, if it recognises the grounds for their omission as reasonable and conditioned by the restrictions imposed due to the quarantine. The court may renew the relevant period both before and after its expiration.

Upon the application of a person, the court shall extend the procedural period established by the court, if the impossibility to perform the relevant procedural action within the specified period was associated with the quarantine restrictions.

{Section XII has been supplemented with clause 3 under Law No. 540-IX of 30.03.2020; as revised by Law No. 731-IX of 18.06.2020}

Section XIII
TRANSITIONAL PROVISIONS

1. To establish that amendments to this Code shall be put into effect taking into account the following special provisions:

1) applications on the review of judgments by the Supreme Court of Ukraine in civil cases, which have been submitted and pending before this version of the Code entered into force, shall be transferred to the Civil Court of Cassation and considered first by a panel of three or more odd number of judges under the rules that were effective before this version of the Code entered into force. Such applications shall be considered without notifying and summoning the case parties, unless the court, in view of the circumstances of the case, decides otherwise;

2) if a civil case upon the application for review of judgments by the Supreme Court of Ukraine under the rules effective before this version of the Code entered into force, is to be considered at a joint hearing of the relevant chambers of the Supreme Court of Ukraine, such case shall be transferred to the consideration of the Grand Chamber of the Supreme Court after it has been received by the Civil Court of Cassation;

3) applications on the review of judgments by the Supreme Court of Ukraine in civil cases on the grounds of the established by an international judicial institution whose jurisdiction is recognised by Ukraine of Ukraine's violation of international obligations in resolving the relevant case by the court, filed and pending before this version of the Code entered into force, shall be transferred to the Supreme Court for consideration under the rules of review of judgments due to the exceptional circumstances that are effective after this version of the Code enters into force;

4) cassation appeals (recommendations) against judgments in civil cases, which are filed and pending before this version of the Code entered into force, shall be transferred to the Civil Court of Cassation and considered first under the rules that are effective after this version of the Code enters into force;

5) applications on the review of a judgment on newly-discovered circumstances submitted to the High Specialised Court of Ukraine for Civil and Criminal Cases, the Supreme Court of Ukraine and not considered before this version of the Code entered into force shall be submitted to the Civil Court of Cassation, the Grand Chamber of the Supreme Court and considered initially under the rules that are effective after this version of the Code enters into force;

6) applications and appeals referred to in subclauses 1, 3–5 of this clause shall be submitted to the Civil Court of Cassation by order of the head of the court administration to which such applications and appeals are filed within thirty days from the date of entry into force of this Code;

7) a court considering a case under cassation procedure as a member of a panel of judges or a chamber (joint chamber) shall refer the case to the Grand Chamber of the Supreme Court if such a panel or chamber (joint chamber) deems it necessary to derogate from the conclusion on the application of the rule of law in such legal relations, set out in a previously adopted judgment of the Supreme Court of Ukraine.

If the Grand Chamber of the Supreme Court concludes that there are no grounds for referring the case, the case shall be returned (transferred) to the relevant panel of judges or the chamber (joint chamber) for consideration, subject to adoption of a ruling. A case returned to the panel of judges (chamber, joint chamber) for consideration may not be re-referred to the Grand Chamber of the Supreme court for consideration.

8) prior to the establishment of appellate courts in appellate districts, their powers shall be exercised by the appellate courts, the territorial jurisdiction of which comprises the local court that adopted the appealed judgment;

9) cases in the courts of first instance and and appellate instances, where the proceedings were opened before this version of the Code entered into force, shall be considered according to the rules that are effective after this version of the Code enters into force;

10) applications on review of judgments on newly-discovered circumstances on the basis of establishing by the Constitutional Court of Ukraine the unconstitutionality of a law, other legal act or their separate provision applied by the court in resolving the case, if the judgment has not yet been enforced, and on the basis of the effective court verdict on the recognised guiltiness of a judge in committing a crime, as a result of which a wrongful or unreasonable judgment was made, filed and pending before this version of the Code entered into force, shall be considered under the rules of consideration of applications on review of judgments in exceptional circumstances that are effective after this version of the Code enters into force;

11) applications and appeals submitted before this version of the Code enters into force, proceedings on which are not open at the time this version of the Code enters into force, shall be considered under the rules that are effective after this version of the Code enters into force. Such applications or appeals may not be left without motion, returned or transferred to jurisdiction, they may not be rejected and the proceedings on them may not be dismissed under the rules in force after this version of the Code enters into force, if they have been submitted in compliance with the relevant requirements of the procedural law that were in force before this version of the Code entered into force;

12) applications submitted before this version of the Code enters into force and containing requirements that may be considered under the rules of injunction proceedings, at the request of the plaintiff shall be considered under the rules of injunction proceedings determined by this version of the Code;

13) the judgments adopted by courts of first instance before this version of the Code enters into force shall become effective and may be appealed within the period in force before this version of the Code entered into force;

14) the judgments adopted by appellate courts before this version of the Code enters into force shall become effective and may be appealed under cassation procedure within the period in force before this version of the Code entered into force;

15) before the day when the Unified Judicial Information and Telecommunication System starts functioning:

15.1) submission, registration, sending of procedural and other documents, evidence, formation, storage and sending of case-file shall be carried out in paper form;

15.2) claims and other statements, appeals and other procedural documents provided for by law that are submitted to the court and may be the subject of legal proceedings shall be subject to mandatory registration in the automated document management system of the court on the day of receipt of documents;

15.3) consideration of the case in court shall be carried out on the basis of the case-file in paper form;

15.4) determination of a judge or panel of judges (judge-rapporteur) for consideration of a specific case shall be carried out:

before bringing the Regulations on the automated document management system of the court in line with this version of the Code in terms of determining the judge or panel of judges to consider a particular case, but not longer than three months from the date when this version of the Code enters into force, by means of the automated court document management system under the rules in force before this version of the Code enters into force;

after bringing the Regulations on the automated document management system of the court in line with this version of the Code in terms of determining the judge or panel of judges to consider a particular case by means of the automated court document management system under the rules established by this version of the Code;

15.5) appeals and cassation appeals shall be filed by the case parties or through the relevant courts, and case-file shall be requested and sent by the courts according to the rules in force before this version of the Code enters into force. In case of violation of the procedure for filing an appeal or cassation appeal, the relevant court shall return such appeal without consideration;

15.6) participation in a court hearing by videoconference within the court premises shall be carried out with the help of technical means operating in the courts as of the day when this version of the Code entered into force, under the rules established by this version of the Code;

15.7) the recording of the trial shall be carried out with the help of sound recording equipment operating in the courts as of the day when this version of the Code entered into force, under the rules established by this version of the Code;

15.8) publication of information on the case specified in this version of the Code on the official web-portal of the Ukrainian Judiciary shall be carried out in the manner prescribed by the Regulations on the automated document management system of the court;

15.9) if at the time of receipt of the application for correction, additional ruling adoption, judgment clarification, the case is not available in the relevant court, the court shall request for the case from the lower court within five days from the date of receipt of the application, and the lower court shall send the case to the court that requested for it, not later than the next day from the date of receipt of the relevant request of the court. In this case, the submitted application shall be considered within ten days from the date of receipt of the case by the court that is to consider it;

15.10) in case of filing an appeal against the rulings adopted by the courts of the first instance provided for in clauses 1, 6-9, 11, 14–16, 20, 22, 23, 37–39 of part 1 of Article 353 of this Code (except for rulings on refusal to accept or return counter-claim, on refusal to accept or return the claim of a third party who declares independent claims on the subject-matter of the dispute, the rulings on the suspension of the proceedings, which are filed with a missed period for their appeal), or in case of filing a cassation appeal against the appellate court ruling (except for the rulings on securing the claim, changing the measure of securing the claim, on counter-securing, the rulings on the suspension of the proceedings, which are filed with a missed period for their appeal, the imposition of a fine under procedural coercion, separate rulings), all case-files shall be lodged to the appellate or cassation court.

{clause 1 of sub-clause 15.10, sub-clause 15, clause 1 of section XIII “Transitional Provisions” as revised by Law No. 460-IX of 15.01.2020}

In other cases, duplicate files necessary for the appeal consideration shall be sent to the court of appeal or court of cassation. If necessary, the court of appeal or court of cassation may also request for the duplicates of other case-files;

15.11) the filing of appeals or cassation appeals against the rulings adopted by the courts of first instance or appellate courts shall not prevent further consideration of the case by this court, except in cases when all case-files are transferred to the appellate or cassation court. In the case of filing an appeal against a ruling that is not subject to appeal separately from a judgment, the court of first instance shall return it to the applicant and adopt a ruling, which is not subject to appeal;

15.12) the court shall be obliged to suspend the proceedings of the case until the ruling is reviewed under the appellate or cassation proceedings, if under sub-clause 15.10 of this sub-clause, all case-files are transferred to the appellate or cassation court;

15.13) the duplicate court rulings shall be issued by the court where the case is kept at the time of receipt of the relevant application;

15.14) the court shall serve the judgments in paper form;

15.15) the court shall issue the enforcement documents in paper form.

The Unified Judicial Information and Telecommunication System shall start functioning 90 days after the State Judicial Administration of Ukraine publishes the announcement on the establishment and operation of the Unified Judicial Information and Telecommunication System, in Holos Ukrainy newspaper and on the web-portal of the judiciary.

16) the pending cases under consideration on the basis of materials in paper form before the Unified Judicial Information and Telecommunication System starts functioning, will be further considered on the basis of the files in paper form. If technically possible, the court may consider such a case on the basis of materials in electronic form;

17) before the day the Unified State Register of Enforcement Documents starts functioning:

17.1) execution and issuance of enforcement documents shall be carried out in paper form by the court that adopted the relevant judgment, under the effective rules after this version of the Code enters into force;

17.2) execution and issuance of the judgments amending the enforcement documents (including the correction of an error in the enforcement document; recognition of the enforcement document as not subject to enforcement; recovery in favour of the debtor unreasonably received by the recoverer under the enforcement document; renewal of the missed period for submission of the enforcement document for enforcement; postponement of the enforcement or enforcement in installments, change or determination of method and procedure for enforcement; suspension of judgment enforcement; replacement of a party to enforcement proceedings) shall be carried out in paper form by the court considering the case as a court of first instance under the rules effective after this version of the Code enters into force;

17.3) before the court considers the application on correction of an error in the enforcement document and/or recognition of it as not subject to enforcement, the court shall have the right to request for the enforcement document and to suspend enforcement under the enforcement document;

17.4) in case of loss of the enforcement document, the court that considered the case as a court of first instance, regardless of the court of which instance issued the enforcement document, may issue a duplicate, if the recoverer or state executor, private executor applied regarding this before expiration of the period, established for the presentation of the enforcement document for enforcement. The ruling on issuance of a duplicate enforcement document shall be adopted within ten days from the date of receipt of the application. A court fee in the amount of 0.03 times the subsistence level for able-bodied persons shall be charged for the issuance of a duplicate enforcement document to the recoverer. The ruling on issuance or refusal to issue a duplicate enforcement document may be appealed under appellate or cassation procedure;

18) the provisions of this Code shall be applied taking into account sub-clause 11 of clause 16-1 of section XV “Transitional Provisions” of the Constitution of Ukraine;

19) special provisions for the court summonses and notifications, sending duplicate judgments to the case parties, if the address of their place of residence (stay) or location is in the temporarily occupied territory of Ukraine or in the Anti-Terrorist Operation Zone shall be determined by Laws of Ukraine “On Ensuring the Rights and Freedoms of Citizens and the Legal Regime in the Temporarily Occupied Territory of Ukraine” and “On the Administration of Justice and Criminal Proceedings in Connection with the Conduct of the Anti-Terrorist Operation”;

20) if the court, whose jurisdiction under the requirements of procedural law includes resolving the issue on restoration of the lost proceedings, is located in the temporarily occupied territory of Ukraine or in the Anti-Terrorist Operation Zone, the restoration of lost the proceedings shall be carried out by a court with territorial jurisdiction of the court cases determined under the Law of Ukraine “On Ensuring the Rights and Freedoms of Citizens and the Legal Regime in the Temporarily Occupied Territory of Ukraine” or the Law of Ukraine “On the Administration of Justice and Criminal Proceedings in Connection with the Conduct of the Anti-Terrorist Operation”.

President of Ukraine

L. KUCHMA

City of Kyiv
18 March 2004
No. 1618-IV