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Procedural rules of procedure: changes are possible

On May 13, the Verkhovna Rada approved as a basis Bill No 3383, which amends the Code of Economic Procedure, the Code of Civil Procedure and the Code of Criminal Procedure of Ukraine regarding the procedural terms during quarantine.

The document proposes to determine the possibility of the court to renew the deadlines set by these procedural codes, as well as to extend the procedural deadlines set by law or the court for the duration of quarantine - at the request of the parties and persons who did not participate in the case. rights, interests and (or) responsibilities (in cases where they have the right to take appropriate procedural actions under the code).

It will be recalled that the adopted Law № 540-IX has already established that the procedural terms of consideration of cases in courts are automatically extended for the term of the quarantine established by the Cabinet of Ministers.

However, in these circumstances, the court cannot proceed to the next stage. For example, due to the automatic extension of the term of appeal, court decisions will not take legal effect. It does not matter whether an appeal is filed in such a case. This completely deprives the court and the parties to the case of any possibility to influence the possibility of consideration of the case.

This rule prevents the court from conducting proceedings in any civil, commercial or administrative case, as failure of one of the parties to take any procedural action (for example, failure to file a response to the claim) will force the court to wait until the end of quarantine. This leads to the suspension of civil, commercial and administrative cases during the quarantine period, where at least one party is not active.

The new draft law proposes to establish that the procedural terms, which were extended in accordance with Law № 540-IX, expire 20 days after the entry into force of the new Law. During this 20-day period, the parties to the case and persons who did not participate in the case, if the court has decided on their rights, interests and (or) responsibilities (if they have the right to take appropriate procedural actions), will have the right to extend the procedural terms on the established grounds.

In addition, in order to eliminate gaps in the legislation and improve the norms of the Code of Civil Procedure of Ukraine, the Code of Economic Procedure of Ukraine and the Code of Criminal Procedure of Ukraine, the document proposes to expand the list of articles relating to the renewal of procedural deadlines.

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