Future changes in legal proceedings

/12
January 2012

On the 11th of January 2012 the President of Ukraine signed a Law amending the procedure of commercial, civil and administrative proceedings.

The Law changes the procedure of terms restoration for appeal and cassation in civil, commercial and administrative processes, and resolves several issues related to the terms and procedures of applying to a court, as well as court disposal of legal proceedings assigned to its jurisdiction.

In particular, the Law establishes deadline to state authorities, local authorities, prosecutors and other power entities in submitting an appeal or cassation to a court of cassation, regardless of the excuse of missing the term.

According to the amendments to the Civil Code of Ukraine the time limitations for claims on invalidation of transactions made under the influence of violence or fraud, and the time limitations for claims on application of consequences of a void transaction are no longer referred to as special terms of limitations. Claims of owners (or others) on invalidation of a legal act of a public authority, which violated the right of ownership or any other property right, will be excluded from the list of claims to which the time limitations are not being applied.

The Commercial Procedural Code of Ukraine will be annexed by a provision that a claim on review of a commercial court decision regarding the appearance of significant circumstances that were not and could not be known during the proceeding in the case, may be filed not later than within three years from the date when the decision came into force.

In addition, judges in civil and commercial processes can no longer participate in reviewing court decisions, rulings and regulations on newly discovered evidences undertaken with their participation.

The Law also establishes an obligation for court to involve third parties holding in abeyance of independent demands into a case proceeding, if during the claim filing, preparing the case for trial or during its review it was determined that the court decision may affect their rights and responsibilities.