At the same time, due to the introduction of restrictive measures due to the spread of coronavirus disease, the time frame for entry into force of court decisions has been changed. This is reported by the Judiciary of Ukraine.
Thus, in accordance with part three of the Final Provisions of the Civil Procedure Code of Ukraine during the quarantine, the time limits specified in Articles 49, 83, 84, 170, 178, 179, 180, 181, 185, 210, 222, 253, 275, 284, 325 , 354, 357, 360, 371, 390, 393, 395, 398, 407, 424 of this Code, as well as other procedural terms regarding:
☑changes in the object or cause of action,
☑ increasing or decreasing the amount of claims,
☑ submission of evidence,
☑ demanding evidence,
☑ providing evidence, as well as the terms of the court,
☑ submission of responses and objections,
☑ explanation of the third party regarding the claim or revocation, leaving the claim without motion,
☑ filing an application for review of the absentee decision,
☑ return of the claim,
☑ filing a counterclaim, appeals for revocation of a court order,
☑ case consideration, appeal, consideration of the appeal,
☑ consideration of the cassation complaint,
☑ filing an application for review of a judgment in newly discovered or exceptional circumstances shall continue for the duration of such quarantine.
At the same time, the time limit set by the court in its decision may not be shorter than the quarantine period associated with the prevention of the spread of coronavirus disease (COVID-19).
However, the changes made to the procedural codes in a hurry created a problem with the appeal against court decisions. As it is noted, after the introduction of the procedural codes of such innovations, the judges were alarmed.
According to the judicial community, as a result of the aforementioned changes, no judicial decision rendered by a court of first instance after the entry into force of the Law will enter into force.
The paradox is that the end date of the quarantine is unknown. It is estimated that it will be on April 24. However, the Prime Minister of Ukraine has repeatedly stated that quarantine measures will be phased out gradually. In addition, they may continue until the third quarter of 2020.
In such circumstances, it remains unclear how to determine when the appeal period expires and the first-instance court decision enters into force. The courts are faced with the problem of how to set a deadline for appeal on decisions.