of October 3, 2017 No. 2147-VIII
About modification of the Economic Procedure Code of Ukraine, the Code of civil procedure of Ukraine, the Code of administrative legal proceedings of Ukraine and other legal acts
The Verkhovna Rada of Ukraine decides:
"Economic Procedure Code of Ukraine
Section I General provisions
Chapter 1. Basic provisions
Article 1. Purpose of the Economic Procedure Code of Ukraine
1. The economic Procedure Code of Ukraine determines jurisdiction and powers of economic courts, establishes legal proceedings procedure in economic courts.
Article 2. Tasks and basic principles of economic legal proceedings
1. Task of economic legal proceedings is fair, impartial and timely permission court of the disputes connected with implementation of economic activity, and consideration of other cases referred to jurisdiction of economic court, for the purpose of protection broken, the unrecognized or disputed rights and legitimate interests of physical persons and legal entities, the state.
2. Court and participants of legal procedure shall be guided by task of economic legal proceedings which prevail over any other reasons in legal procedure.
3. The main beginnings (principles) of economic legal proceedings are:
1) supremacy of law;
2) equality of all participants of legal procedure before the law and court;
3) publicity and openness of legal procedure and its complete fixation by technical means;
4) competitiveness of the parties;
5) dispositivity;
6) proportionality;
7) obligation of the judgment;
8) providing right to appeal reconsideration of the case;
9) providing the right to cassation appeal of the judgment in the cases determined by the law;
10) rationality of terms of consideration of the case by court;
11) inadmissibility of abuse of procedural law;
12) compensation of court costs of the party for benefit of which the judgment is made.
Article 3. Legislation on economic legal proceedings
1. Legal proceedings in economic courts are performed according to the Constitution of Ukraine, this Code, the Law of Ukraine "About private international law", the Law of Ukraine "About recovery of solvency of the debtor or recognition by his bankrupt", and also international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine.
2. If the international treaty of Ukraine establishes other rules of practice, than those which are provided by this Code, other laws of Ukraine are applied rules of the international treaty.
3. Legal proceedings in economic courts are performed according to the law existing for the period of making of separate legal proceeding, consideration and permission of case.
4. The supreme court concerning intellectual property considers the cases referred to its competence, according to the procedure, provided by this Code.
Article 4. Right to the appeal to economic court
1. The right to the appeal to economic court in the procedure established by this Code is guaranteed. Nobody can be deprived of the right to consideration of its case in economic court to which jurisdiction it is carried by the law.
2. The legal entities and physical persons entrepreneurs, physical persons who are not entrepreneurs, state bodies local government bodies have the right to the appeal to economic court behind protection of the broken, unrecognized or disputed rights and legitimate interests in the cases referred by the law to jurisdiction of economic court, and also for acceptance provided by the law of the measures directed to prevention of offenses.
3. In economic court on the cases referred by the law to its jurisdiction have the right to address also persons who by the law are granted the right to take a legal action for the benefit of other persons.
4. The disclaimer on the appeal to economic court is invalid.
5. The agreement of the parties on transfer of dispute for consideration of reference tribunal (the international commercial arbitration) is allowed.
Any dispute which conforms to the requirements determined by the legislation of Ukraine on the international commercial arbitration except the cases determined by the law can be by agreement of the parties transferred to the international commercial arbitration.
Any dispute arising from civil or economic legal relationship except the cases provided by the law can be by agreement of the parties transferred to reference tribunal.
6. Any person cannot be deprived of the participation right in consideration of the case in the procedure determined by the law.
Article 5. Methods of judicial protection
1. Performing justice, the economic court protects the rights and interests of physical persons and legal entities, the state and public concerns by the method defined by the law or the agreement.
2. If the law or the agreement do not determine the effective method of protection violated the right or the interest of person which took a legal action court agrees to the requirement of such person stated in the claim can determine such method of protection which does not contradict the law in the decision.
Article 6. Single judicial information and telecommunication system
1. In economic courts the Single judicial information and telecommunication system functions.
2. Claim and other statements, claims and other procedural documents provided by the law which are filed to economic court and can be subject of legal proceedings, according to the procedure of their receipt are subject to obligatory registration in Single judicial information and telecommunication system in day of receipt of documents.
3. Determination of the judge or board of judges (judge-speaker) for consideration of specific case is performed by Single judicial information and telecommunication system according to the procedure, determined by this Code (the automated distribution of cases).
4. The single judicial information and telecommunication system according to the law provides exchange of documents (sending and receipt of documents) electronically between courts, between court and participants of legal procedure, between participants of legal procedure, and also fixation of legal procedure and participation of participants of legal procedure in judicial session in the video conference mode.
5. The court directs judgments and other procedural documents to participants of legal procedure to their official e-mail addresses, makes other legal proceedings electronically with use of Single judicial information and telecommunication system according to the procedure, determined by this Code and Regulations on Single judicial information and telecommunication system.
6. Lawyers, notaries, private contractors, arbitration managers, court experts, state bodies, local government bodies and subjects of managing of the state and utility sectors of economy register official e-mail addresses in Single judicial information and telecommunication system without fail. Other persons register the official e-mail addresses in Single judicial information and telecommunication system in voluntary procedure.
7. The court hands to persons who registered official e-mail addresses in Single judicial information and telecommunication system any documents in cases in which such persons take part, exclusively electronically by their direction on official e-mail addresses of such persons that does not deprive of them the right to receive the copy of the judgment in paper form according to the separate statement.
8. Registration in Single judicial information and telecommunication system does not deprive of the right to submission of documents to court in paper form.
Persons who registered official e-mail addresses in Single judicial information and telecommunication system can file procedural, other documents, make other legal proceedings electronically only by means of Single judicial information and telecommunication system, with use of own digital signature equated to the sign manual according to the Law of Ukraine "About the digital signature" if other is not provided by this Code.
Features of use of the digital signature in Single judicial information and telecommunication system are determined by Regulations on Single judicial information and telecommunication system.
9. The court conducts consideration of the case on legal case materials electronically. Procedural and other documents and proofs in paper form no later than three days from the date of their receipt in court are transferred to electronic form and join materials of electronic legal case according to the procedure, determined by Regulations on Single judicial information and telecommunication system.
In case of impossibility of consideration of the case by court electronically for technical reasons more than five days that can prevent consideration of the case in the terms established by this Code, case is considered on materials in paper form for what case papers are instantly transferred to paper form according to the procedure, established by Regulations on Single judicial information and telecommunication system.
10. Procedural and other documents and proofs in paper form are stored in appendix to case in Trial Court and can be in case of need inspected by participants of case by Trial Court, or are requested by court of appeal or cassation instance after receipt to them corresponding appeal or the writ of appeal.
11. Unauthorized intervention in work of Single judicial information and telecommunication system and in automated distribution of cases between judges involves the responsibility established by the law.
12. The single judicial information and telecommunication system is subject to protection using complex system of information security with the confirmed compliance.
13. The regulations on Single judicial information and telecommunication system affirm the Supreme council of justice on representation to Public judicial administration of Ukraine and after consultations with Judicial council of Ukraine.
Article 7. Equality before the law and court
1. Justice in economic courts is performed on the basis of equality of all legal entities irrespective of form of business, pattern of ownership, subordination, the location, the place of creation and registration, the legislation according to which the legal entity, and other circumstances, equality of all physical persons irrespective of race, skin color, political, religious and other convictions, floor, ethnic and social origin, property condition, residence, language or other signs is created; equalities of physical persons and legal entities irrespective of any signs or circumstances.
Article 8. Publicity of legal procedure
1. Hearing of cases in economic courts is conducted orally and openly, except the cases provided by this Code.
2. Any person has the right to be present at proceeding in open court. From the face, who wishes to be present at judicial session, it is forbidden to require any documents, except the identity document.
3. Persons wishing to be present at judicial session are allowed to the hall of judicial sessions prior to judicial session or during break.
4. The court can remove from the hall of judicial sessions of persons which interfere with conducting judicial session, implementation of the rights or fulfillment of duties of participants of process or the judge, break procedure in court room.
5. Persons which are present at courtroom representatives of mass media can carry out in courtroom photographing, video and audio recording with use of portable video and audiotechnical means without receipt of the separate leave of court, but taking into account the restrictions set by this Code.
6. Broadcast of judicial session is performed from the leave of court. If all participants of case take part in judicial session in the video conference mode, is performed broadcasts of the course of judicial session on the Internet without fail.
7. Carrying out in courtroom of photographing, video, and also broadcast of judicial session shall be performed without creation of hindrances under the authority of meeting and implementation by participants of legal procedure of their procedural law.
8. Consideration of the case in the closed judicial session is conducted in cases if open legal proceedings can have the investigation disclosure of the classified or other information protected by the law, need of protection of private and family life of the person and also in other cases established by the law.
9. About consideration of the case in the closed judicial session determination is taken out. The court the resolution can announce judicial session closed completely or closed its part.
10. Consideration of the case and making of separate legal proceedings in the closed judicial session is conducted with observance of rules of implementation of legal proceedings in economic courts. During such consideration there can be only participants of case, and in case of need - witnesses, experts, specialists, translators. The court warns specified persons about obligation not to disclose information for which ensuring protection consideration of the case or making of separate legal proceedings happens in the closed judicial session.
11. Use of systems of video conferencing and broadcast of the course of judicial session on the Internet in the closed judicial session are not allowed.
12. If during the closed judicial session it is determined that information for which ensuring nondisclosure consideration of the case or making of separate legal proceedings took place in the closed judicial session already is publicly available or restriction of information access is groundless or does not correspond to the law, the court takes out determination about further review of case in proceeding in open court.
13. Consideration of the case is performed according to the procedure of written production on the materials which are available in case if this Code does not provide the notification of participants of case. In that case judicial session is not held.
14. The court during consideration of the case in judicial session performs complete fixation of its course by means of the video and (or) sound recording technical tool, except the cases provided by this Code. The procedure for such fixation is established by this Code.
15. Official record of judicial session is only technical record performed by court according to the procedure, provided by this Code.
16. The judgment (complete or reduced) accepted in proceeding in open court appears publicly according to the procedure, determined by this Code.
17. If legal proceedings were carried out in the closed judicial session, publicly disclosed only introduction and resolutive speak rapidly decisions if such parts do not contain information for which protection consideration of the case or making of separate legal proceedings were conducted in the closed judicial session. If introductory and (or) resolutive parts of the decision contain such information, their announcement is performed in the closed judicial session.
18. If the judgment appears publicly, the participants of case, other persons which are present at courtroom, representatives of mass media can carry out in courtroom photographing, video, broadcast of announcement of the decision per radio and television, to the Internet.
Article 9. Openness of information on case
1. Nobody can be deprived of the right to information on date, time and the place of consideration of the case or is limited in the right in court of oral or written information on results of consideration of its legal case. Any person who is not participant of case has the right to access to judgments according to the procedure, established by the law.
2. Persons who did not take part in case if the court resolved issue of their rights, interests and (or) obligations which gave appeal or the writ of appeal on the relevant decision have the right to get acquainted with case papers, to do from them excerpts, to make copies of the documents filed, to receive copies of judgments according to the procedure, provided by this Code.
3. Information concerning court which considers case of participants of case and subject of action, receipt date of the action for declaration (claim) or any other statement or petition on case, including person who submitted such application, the taken measures of providing the claim and (or) proofs, stage of consideration of the case, the place, date and time of judicial session, movement of case from one court in another is open and is subject to immediate promulgation on the official web portal of judicial authority of Ukraine according to the procedure determined by Regulations on Single judicial information and telecommunication system.
4. In case of removal of determination by court about consideration of the case in the closed judicial session information on case does not reveal, except participants of case, subject of action, receipt date of the action for declaration, stage of consideration of the case, the place, date and time of judicial session, movement of case from one court in another.
5. In case of disclosure of information on case provided by parts three and the fourth this Article the following data cannot be promulgated:
1) the residence or stay of physical persons, with indication of the address, phone numbers or other means of communication, the e-mail address, registration numbers of accounting card of the taxpayer, details of identity documents, unique numbers of entry in the Unified state demographic register;
2) registration numbers of vehicles;
3) bank account numbers, numbers of payment cards;
4) information for which ensuring protection consideration of the case or making of separate legal proceedings took place in the closed judicial session.
Such data are replaced with alphabetic or digital references.
Article 10. Language of economic legal proceedings
1. Economic legal proceedings in courts are performed in state language.
2. Courts provide equal rights of participants of legal procedure on language sign.
3. Courts use state language in the course of legal proceedings and guarantee the right to participants of legal procedure on use by them in legal procedure of the native language or language which they know.
4. Participants of legal procedure who do not own or know state language insufficiently, have the right to make statements, to offer explanations, to appear in court and to declare petitions in the native language or language which they know, using at the same time translation service according to the procedure, established by this Code.
Article 11. The supremacy of law and sources of law applied by court
1. The court when considering the case is guided by the principle of supremacy of law.
2. The court considers cases according to the Constitution of Ukraine, the laws of Ukraine, international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine.
3. The court applies other legal acts adopted by relevant organ on the basis within powers and method which are established by the Constitution and the laws of Ukraine.
4. The court applies by hearing of cases the Convention on human rights protection and fundamental freedoms of 1950 and protocols to it which consent to be bound is provided by the Verkhovna Rada of Ukraine, and to the practician of the European Court of Human Rights as source of law.
5. The court applies rules of law of other states in case it is provided by the law of Ukraine or the international treaty which consent to be bound it is provided by the Verkhovna Rada of Ukraine.
6. If the court comes to conclusion that the law or other legal act contradicts the Constitution of Ukraine, the court does not apply such law or other legal act, and applies regulations of the Constitution of Ukraine as regulations of direct action.
In that case the court after decision making on case appeals to the Supreme Court for the solution of question concerning entering into the Constitutional Court of Ukraine of representation concerning constitutionality of the law or other legal act which solution of question of constitutionality belongs to jurisdiction of the Constitutional Court of Ukraine.
7. In case of discrepancy of the legal act to the legal act of the highest legal force the court applies regulations of the legal act of the highest legal force.
8. In case of discrepancy of the legal act to the international treaty which consent to be bound is provided by the Verkhovna Rada of Ukraine the court applies the international treaty of Ukraine.
9. If the disputable relations, including with participation of the foreign person, are not settled by the legislation, the court applies customs which are applied in business conduct.
10. If the disputable relations are not settled by the law and there is no business custom which can be applied to them, the court applies the law governing the similar relations (analogy of the law), and in the absence of it - proceeds from the general beginnings and sense of the legislation (analogy is right).
11. The refusal in justice based on incompleteness is forbidden, to ambiguity, inconsistency or lack of the legislation governing the disputable relations.
Article 12. Forms of economic legal proceedings
1. Economic legal proceedings are performed by the rules provided by this Code, according to the procedure:
1) mandative production;
2) claim production (general or simplified).
2. Mandative production is intended for hearing of cases according to statements for collection of sums of money of the insignificant size concerning which there is no dispute or on its availability to the applicant it is unknown.
3. The simplified claim production is intended for consideration of insignificant cases, cases of insignificant complexity and another matters for which bystry permission of case is priority.
General claim production is intended for hearing of cases which owing to complexity or other circumstances are inexpedient to be considered in the simplified claim production.
4. Put conditions under which the court has the right to consider requirements about collection of sums of money in mandative production and - generally or the simplified claim production, are determined by this Code.
5. For the purposes of of this Code insignificant cases are:
Put 1) in which the price of the claim does not exceed hundred sizes of subsistence minimum for able-bodied persons;
The cases of insignificant complexity recognized by court insignificant except cases which are subject to consideration only by rules of general claim production and put 2), the claim price in which exceeds five hundred sizes of subsistence minimum for able-bodied persons.
6. Economic courts consider cases on the bankruptcy according to the procedure provided by this Code for claim production taking into account the features established by the Law of Ukraine "About recovery of solvency of the debtor or recognition by his bankrupt".
7. For the purposes of this Code the size of subsistence minimum for able-bodied persons is estimated as of January 1 of calendar year in which the corresponding application or the complaint is made, legal proceeding is made or the judgment is made.
Article 13. Competitiveness of the parties
1. Legal proceedings in economic courts are performed on the basis of competitiveness of the parties.
2. Participants of case have the equal rights concerning implementation of all procedural law and obligations provided by this Code.
3. Each party shall prove circumstances which matter for case and on which it refers as to the basis of the requirements or objections, except the cases established by the law.
4. Each party bears risk of approach of the effects connected with making or non-execution of legal proceedings by it.
5. Court, keeping objectivity and impartiality:
1) directs the course of legal procedure;
2) promotes dispute settlement by reaching an agreement between the parties;
3) explains in case of need to participants of legal procedure their procedural law and obligations, effects of making or non-execution of legal proceedings;
4) renders assistance to participants of process in realization of the rights provided by this Code by them;
5) prevents abuses of participants of legal procedure of their rights and takes measures for execution of their obligations by them.
Article 14. Dispositivity of economic legal proceedings
1. The court considers cases precisely on the address of person submitted according to this Code within the requirements declared to them and based on the evidence produced by participants of case or requested by court in the cases provided by this Code. Collecting of proofs in economic cases is not obligation of court, except the cases established by this Code.
2. The participant of case disposes of the rights concerning matter in issue at own discretion. Also persons for the benefit of whom requirements, except for those persons who have no procedural capacity to act are declared have such right.
Article 15. Proportionality in economic legal proceedings
1. The court determines in the limits set by this Code, procedure of proceeedings according to pro-rata rule, considering: tasks of economic legal proceedings; ensuring reasonable balance between private and public interests; features of matter in issue; claim price; complexity put; value of consideration of the case for the parties, time necessary for making of these or those actions, the size of the court costs connected with the corresponding legal proceedings, etc.
Article 16. Legal aid
1. Participants of case have the right to use legal aid.
2. The representation in court as type of legal aid, is performed only by the lawyer (professional legal aid), except the cases established by the law.
Article 17. Right to reconsideration of the case and appeal of the judgment
1. Participants of case, and also persons who did not take part in case if the court resolved issue of their rights, interests and (or) obligations, have the right to appeal reconsideration of the case and in the cases determined by the law - to cassation appeal of the judgment.
2. Cassation appeal of the judgment of Trial Court without its review in appeal procedure is not allowed.
Article 18. Obligation of judgments
1. Judgments which took legal effect are obligatory to execution by all public authorities, local government bodies, their official and officials, physical persons and legal entities and their associations in all territory of Ukraine.
2. Failure to carry out of the judgment is reason for the responsibility established by the law.
3. Obligation of the judgment does not deprive of persons who were not participating in case, opportunity to take a legal action if the question of their rights or interests is resolved by the made judgment.
Article 19. Basic provisions of pre-judicial dispute settlement
1. The parties take measures of pre-judicial dispute settlement by agreement among themselves or in cases when such measures are obligatory according to the law.
2. Persons who violated the rights and legitimate interests of other persons shall recover them, without expecting presentation of the claim or the claim.
Chapter 2. Jurisdiction
§1. Subject and subject jurisdiction of economic courts
Article 20. The cases relating to jurisdiction of economic courts
1. Economic courts consider cases in the disputes arising in connection with implementation of economic activity (except the cases provided by part two of this Article), and another matters in the cases determined by the law, in particular:
1) cases on the disputes arising in case of the conclusion, change, termination and execution of transactions in economic activity except transactions which party is the physical person who is not entrepreneur, and also on disputes on the bargains concluded for ensuring obligation fulfillment which parties are legal entities and (or) physical persons entrepreneurs;
2) cases on disputes on privatization of property, except disputes on privatization of the state housing stock;
3) cases on the disputes arising from the corporate relations including over disputes between members (founders, shareholders, members) of the legal entity or between the legal entity and his participant (the founder, the shareholder, the member), including the participant who was disposed, connected with creation, activities, management or the termination of activities of such legal entity, except employment disputes;
4) cases on the disputes arising from transactions concerning shares, shares, shares, other corporate laws of the legal entity except transactions in family and heritable legal relationship;
5) the cases on disputes on securities including connected with the rights to securities and the rights arising from them, issue, placement, the address and repayment of securities, accounting of the rights to securities, obligations on securities except debt securities which owner is the physical person who is not entrepreneur, and the bills of exchange used in tax and customs legal relationship;
6) cases on disputes on the property right or other corporeal right to property (movable and immovable, including the earth), registration or accounting of the rights to property which (the rights to which) is matter in issue, recognition invalid the acts violating such rights except disputes which party is the physical person who is not entrepreneur, and disputes on withdrawal of property for social needs or based on social necessity, and also case on disputes concerning the property which is subject of ensuring obligation fulfillment which parties are legal entities and (or) physical persons - entrepreneurs;
7) cases on the disputes arising from the relations connected with protection of the economic competition, restriction of monopolism in economic activity, protection against unfair competition including on the disputes connected with appeal of decisions of the Antimonopoly Committee of Ukraine, and also case on statements of bodies of the Antimonopoly Committee of Ukraine on the questions carried by the law to their competence except disputes which are carried to jurisdiction of the Supreme court concerning intellectual property;
8) cases on bankruptcy and cases on disputes with property requirements to the debtor concerning whom proceeedings about bankruptcy, including cases on disputes on recognition invalid any bargains (agreements) concluded by the debtor are open; collection of the salary; recovery at work official and officials of the debtor, except for disputes on determination and payment (collection) of the monetary commitments (tax debt) determined according to the Tax code of Ukraine, and also disputes on recognition invalid transactions on the claim of monitoring body in pursuance of its powers determined by the Tax code of Ukraine;
9) cases on statements for approval of plans of sanitation of the debtor before opening of proceeedings about bankruptcy;
10) cases on disputes on appeal of acts (decisions) of subjects of managing and their bodies, official and officials in the field of the organization and implementation of economic activity, except acts (decisions) of the subjects of powers of authority adopted in pursuance of their imperious managerial functions, and disputes which party is the physical person who is not the entrepreneur;
11) cases on contest of decisions of reference tribunals and on issue of the order on forced execution of decisions of the reference tribunals formed according to the Law of Ukraine "About reference tribunals" if such decisions are made on the disputes specified in this Article;
12) cases on disputes between the legal entity and his official (including the official whose powers are stopped) about indemnification, caused to the legal entity by actions (failure to act) of the official, in the claim of the owner (the participant, the shareholder) of such legal entity submitted in its interests;
13) requirements for registration of property and property rights, other registration actions, recognition invalid the acts violating the rights to property (property rights) if such requirements are derivative of dispute on such property or property rights or the dispute which arose from the corporate relations if this dispute is subject to consideration in economic court and is given to its consideration together with such requirements;
14) cases on disputes on protection of goodwill, except disputes which party is the physical person who is not entrepreneur or self-employed person;
15) another matters on disputes between subjects of managing;
16) cases on statements for issue of the writ if applicant and the debtor is the legal entity or physical person entrepreneur.
2. The supreme court concerning intellectual property considers cases concerning intellectual property rights, in particular:
1) cases on disputes on the rights to the invention, useful model, industrial design, trademark (sign for goods and services), the commercial name and other intellectual property rights, including concerning the prezhdepolzovaniye right;
2) cases on disputes on registration, accounting of intellectual property rights, recognitions invalid, prolongation of action, early termination of patents, certificates, other acts certifying or based on which there are such rights or which violate such rights or the related legitimate interests;
3) cases on recognition of trademark well-known;
4) cases on disputes on the rights of the author and related rights, including disputes on collective management of property rights of the author and related rights;
5) cases on the disputes concerning the conclusion, change, termination and agreement performance concerning the order property rights of intellectual property, commercial concession;
6) cases on the disputes arising from the relations connected with protection against unfair competition, relatively: unauthorized use of designations or goods of other producer; copyings of appearance of product; collection, disclosure and use of trade secret; appeals of decisions of the Antimonopoly Committee of Ukraine on the questions determined by this Item.
Article 21. Jurisdiction of economic courts concerning several requirements connected among themselves
1. Consolidation in one production of several requirements which are subject to consideration according to the procedure of different legal proceedings is not allowed if other is not provided by this Code.
Article 22. Right of the parties to transfer of dispute to consideration of reference tribunal, international commercial arbitration
1. The dispute which belongs to jurisdiction of economic court can be transferred by the parties to permission of reference tribunal or international commercial arbitration, except:
1) disputes on recognition invalid acts, disputes on state registration or accounting of the rights to real estate, intellectual property rights, the rights to securities, and also disputes arising in case of the conclusion, change, termination and agreement performance about public purchases taking into account part two of this Article;
2) the disputes provided by Items 2, of 3, 7-13 parts one, Items 2, of 3, 6 parts two of article 20 of this Code taking into account part two of this Article;
3) other disputes which according to the law cannot be transferred to permission of reference tribunal or international commercial arbitration.
2. The disputes, stipulated in Item 3 parts one of article 20 of this Code arising from the agreement can be transferred to permission of the international commercial arbitration only based on the arbitral agreement signed between the legal entity and all his participants.
Civil aspects of the disputes specified in Items 2, 7 parts one, Item 6 parts two of article 20 of this Code of the disputes arising in case of the conclusion, change, termination and agreement performance about public purchases can be transferred to permission of the international commercial arbitration.
3. Any inaccuracies in the text of the devolution agreement of dispute on permission of reference tribunal, international commercial arbitration and (or) doubt on its authenticity, reality and feasibility shall be interpreted by court for benefit of its authenticity, reality and feasibility.
4. The decision of reference tribunal, international commercial arbitration can be appealed (is disputed) according to the procedure, determined by the law.
Article 23. Right of the parties to transfer of dispute to consideration of foreign court
1. In the cases established by the law or the international treaty which consent to be bound is provided by the Verkhovna Rada of Ukraine dispute which belongs to jurisdiction of economic court it can be transferred by agreement of the parties to the judgment of other state.
§2. Instantsionny jurisdiction
Article 24. Trial Court
1. All cases which are subject to permission according to the procedure of economic legal proceedings are considered by local economic courts as Trial Courts, except the cases determined by parts two and third this Article.
2. Cases on appeal of decisions of reference tribunals, on issue of orders on forced execution of decisions of reference tribunals are considered by Appeal Courts as Trial Courts in the place of consideration of the case by reference tribunal.
3. The supreme court concerning intellectual property considers cases on the disputes determined by part two of article 20 of this Code as Trial Court.
Article 25. Appeal Court
1. Economic Courts of Appeal review in appeal procedure judgments of the local economic courts which are in limits of the respective appeal district (the territory to which powers of the relevant Economic Court of Appeal extend).
2. The Supreme Court reviews the judgments of Appeal Courts made by them as Trial Courts in appeal procedure.
3. The appeal chamber of the Supreme court concerning intellectual property reviews the judgments made by the Supreme court concerning intellectual property in appeal procedure.
Article 26. Court of cassation instance
1. The Supreme Court reviews the judgments made by Trial and Appeal Courts in cassation procedure.
§3. Territorial jurisdiction (cognizance)
Article 27. Presentation of the claim for the location or residence of the defendant
1. The claim is made in economic court in the location or the residence of the defendant if other is not established by this Code.
2. For the purposes of determination of cognizance according to this Code the location of the legal entity and physical person entrepreneur is determined according to the Unified State Register of Legal Entities, physical persons - entrepreneurs and public forming.
3. For the purposes of determination of cognizance according to this Code by the residence of the physical person who is not the entrepreneur the place of its accommodation or stay registered in the procedure established by the law is recognized.
Article 28. Cognizance of cases in which one of the parties is the court or the judge
1. Cognizance of economic put in which one of the parties is the economic court or the judge of economic court to which cognizance this case by general rules is carried, is determined by the court order of the highest authority decided without notice of the parties.
2. Cognizance of cases in which one of the parties is the Supreme Court is determined by general rules of cognizance.
Article 29. Cognizance of cases on the choice of the claimant
1. The option between courts to which according to this Article case is jurisdictional belongs to the claimant, except for exclusive cognizance, stipulated in Clause the 30th of this Code.
2. Claims for disputes with the assistance of several defendants can be made in economic court on the location or the residence of one of defendants.
3. Claims for the disputes arising from activities of branch or representation of the legal entity can be shown also on their location.
4. Claims to the claimant for recognition of executive text of the notary who is not subject to execution or about return of the notary collected on executive text, can be shown also in the place of its execution.
5. Claims for the disputes arising from agreements in which the place of execution is determined or which can be performed because of their feature only in certain place can be shown also in the place of accomplishment of these agreements.
6. Claims to the defendant, the place of registration of accommodation or stay of which is unknown, are shown on the location of property of the defendant or in the last known registered its place of residence or stay or its permanent activities.
7. Indemnification claims, caused by measures of providing the claim, can be shown also in the place of application of measures of providing the claim (in court which applied adequate measures).
8. Compensatory actions, caused to property, can be shown also in the place of damnification.
9. Compensatory actions, caused by collision of courts, and also about collection of the amounts of remuneration for rescuing at the sea can be shown also in the location of the vessel of the defendant or port of registration of the vessel.
10. Claims to the defendant who has in Ukraine no location or the residence can be shown on the location of its property.
Article 30. Exclusive cognizance of cases
1. The disputes arising from the transportation agreement in case one of defendants is the carrier, are considered by economic court on the location of carrier.
2. Cases on the arrest of the vessel performed for providing the sea requirement are considered by economic court on the location of seaport of Ukraine in which is or to which the vessel, or port of registration of the vessel goes.
3. The disputes arising concerning real estate are considered by economic court on the location of property or its main part. If the claims connected among themselves are imposed at the same time concerning several real estate units, the dispute is considered in the location of object which cost is the highest.
4. Disputes on the rights on sea and aircrafts, inland navigation vessels, space objects are solved economic court in the place of their state registration.
5. Disputes in which defendant is the Cabinet of Ministers of Ukraine, the ministry or other central executive body, the National Bank of Ukraine, Audit Chamber, the Verkhovna Rada of the Autonomous Republic of Crimea or Council of Ministers of the Autonomous Republic of Crimea, regional, Kiev and Sevastopol city councils or the regional, Kiev and Sevastopol city public administrations, and also cases which materials contain the state secret are considered by economic court which jurisdiction extends to the city of Kiev.
6. The disputes arising from the corporate relations including disputes between members (founders, shareholders, members) of the legal entity or between the legal entity and his participant (the founder, the shareholder, the member), including the participant who was disposed, connected with creation, activities, management or the termination of activities of such legal entity, except employment disputes and also the disputes arising from transactions of rather corporate laws (except shares) in the legal entity, are considered by economic court on the location of the legal entity.
7. Disputes between the legal entity and his official (including the official whose powers are stopped) about indemnification, caused to the legal entity by actions (failure to act) of his official, are considered by economic court on the location of the legal entity.
8. The disputes connected with issue, placement or repayment of securities are considered by economic court on the location of the issuer.
9. The cases provided by Items 8 and 9 of part one of article 20 of this Code are considered by economic court on the location of the debtor.
10. The counter action and the claim of the third party declaring independent requirements concerning matter in issue irrespective of cognizance are shown in economic court in the place of consideration of the original action. This rule is not applied when according to another, determined in this Article, rules of exclusive cognizance such claim be considered by other court, than that which considered the original action.
11. In case of consolidation of claims concerning the conclusion, change, termination and execution of the bargain with requirements concerning other transaction concluded for ensuring primary obligation, the dispute is considered by economic court on the location of the defendant who is the party of primary obligation.
12. Requirements for registration of property and property rights, other registration actions if consideration of such requirements is referred to jurisdiction of economic court, are considered by the economic court determined by rules of cognizance on consideration of dispute from which such requirements are derivative.
Article 31. Transfer of cases from one court in other court
1. The court submits case by the friend of court if:
1) case belongs to territorial jurisdiction (cognizance) of other court;
2) after satisfaction of branches (rejections) or for other reasons it is impossible to form new structure of court for consideration of the case;
3) are liquidated or on certain law to the bases work of court which considered case is stopped.
2. The case accepted by court to the production with observance of rules of cognizance shall them be considered also in that case when in proceedings on the reference it became cognizable to other court, except as specified, when owing to changes in the list of defendants case belongs to exclusive cognizance of other court.
3. Case referral for consideration of other court on the cognizance established by this Code on the basis, stipulated in Item 1 part one of this Article, is performed based on determination of court no later than five days after the termination of term on its appeal, and in case of submission of the claim - no later than five days after its leaving without satisfaction.
4. Case referral on the basis, stipulated in Item 2 parts one of this Article, is performed based on the order of the chairman of justices for consideration of the economic court which is brought most territorially closer to this court.
5. In case of liquidation or termination of work of court of case which were in its production are instantly brought to trial, determined by the relevant law or the decision on termination of work of court and if such court is not determined - in court which is brought most territorially closer to court which is liquidated or work of which is stopped.
6. Disputes between courts on cognizance are not allowed.
7. The case submitted from one court to another according to the procedure, established by this Article, shall be accepted to production by court to which it is sent.
8. Case in which one of the parties is the court to which cognizance this case by general rules is carried or the judge of this court, no later than five days from the date of receipt of the action for declaration is transferred based on the order of the chairman of justices to last resort court for cognizance determination.
9. The rules established by parts one, third - the eighth this Article, are applied also to the Supreme court concerning intellectual property.
Chapter 3. Structure of court. Branches
Article 32. Determination of structure of economic court
1. Determination of the judge, and in case of joint consideration - judges-speakers for consideration of specific case is performed by Single judicial information and telecommunication system during document registration, specified in part two of article 6 of this Code, and also in other cases of determination of structure of court at any stage of legal procedure, taking into account specialization and uniform loading for each judge, by the principle of accident and on first come put.
2. Case which consideration according to this Code is performed by board of judges without fail is considered by permanent board of judges of the relevant court which part the judge-speaker determined by Single judicial information and telecommunication system is.
3. The staff of permanent boards of judges is determined by meeting of judges of the relevant court.
4. About two judges who are elected by meeting of judges of Cassation economic court, from structure of each of trial chambers of Cassation economic court and the chairman of Cassation economic court are part of the joint chamber.
5. If case be considered by board as a part of more than three judges, judges from structure of permanent board of judges into which the judge-speaker determined by Single judicial information and telecommunication system, judges who are in addition determined by Single judicial information and telecommunication system enters are part of board.
6. If case in the Supreme Court be considered jointly as a part of the relevant chamber - the judge-speaker determined by Single judicial information and telecommunication system in case of initial distribution of cases is presiding over meetings of chamber.
7. If case be considered by the judge solely, but this Code provides possibility of joint consideration of such case and on it the relevant decision is made, such case is considered in Trial Court - board of judges which structure joins the judge determined by Single judicial information and telecommunication system in case of the automated distribution of cases and two judges who are in addition determined by Single judicial information and telecommunication system after decision making about joint consideration of the case.
8. In the case provided by part seven of this Article, the judge-speaker and the chief judge in board is the judge determined by Single judicial information and telecommunication system in case of the automated distribution of cases.
9. Unresolved legal cases according to the motivated order of the chief of staff of court attached to case papers are transferred for the repeated automated distribution of cases only in case the judge (if case is considered solely) or the judge-speaker from structure of board of judges (if case is considered jointly) in the cases provided by the law cannot continue consideration of the case more than fourteen days that can prevent consideration of the case in the terms established by this Code.
10. For each permanent board of judges of meeting of judges of the relevant court determine reserve judges for a period of one year.
If from structure of board of judges the judge who is not judge-speaker in such case that can prevent consideration of the case in the terms established by this Code cannot continue consideration of the case, replacement of the judge at the initiative of the judge-speaker according to the motivated order of the chief of staff of court is performed by Single judicial information and telecommunication system from among reserve judges.
11. If to replace the judge who was disposed from number of reserve judges it is impossible, - its replacement is performed by Single judicial information and telecommunication system according to the procedure, provided by part one of this Article.
The judge determined on replacement of the disposed judge considers as a part of board of judges all unsolved cases which are considered by such board of judges and which due to the lack of the disposed judge cannot be considered in the terms established by this Code.
12. The single judicial information and telecommunication system is not applied to determination of the judge (structure of board of judges if case is considered jointly) for consideration of specific case only in case of approach of circumstances which objectively made impossible its functioning and more than five working days proceed.
13. Case which consideration is begun by one judge or board of judges shall be considered by the same judge or board of judges, except as specified, excluding participation of the judge in consideration of the case, and other cases provided by this Code.
14. In case of change of structure of court at stage of preparatory production consideration of the case is started anew, except as specified, provided by this Code.
In case of change of structure of court at stage of substantive prosecution the court repeatedly begins substantive prosecution, except case when the court makes the decision on repeated carrying out preparatory production.
15. Consideration of the application about review of the judgment on newly discovered facts is performed by the same structure of court which made the decision which is reviewed if case was considered by the judge solely or as a part of board of judges. If such structure of court cannot be created, the judge or board of judges for consideration of the application about review of the judgment is determined by newly discovered facts according to the procedure, established by part one of this Article.
Consideration of the application about review of the judgment on newly discovered facts is performed by the chamber combined by chamber or Big Chamber if the decision which is reviewed is accepted respectively the chamber combined by chamber or Big Chamber.
16. Results of the automated distribution (repeated distribution) of case are drawn up by the protocol.
17. The protocol shall contain the following data:
1) date, time of the beginning and the end of the automated distribution;
2) number of legal case, category and coefficient of its complexity, name (name) of participants of case;
3) information on determination of the list of judges for participation (the bases on which judges do not take part) in the automated distribution; information on determination of the judge, judge-speaker;
4) the bases of implementation of the automated distribution (the repeated automated distribution);
5) surname, initials and position of the authorized person of the office of the court responsible for implementation of the automated distribution of legal cases.
18. The copy of such protocol in electronic or paper form is signed by authorized persons of the office of court and issued (goes) to the interested person not later than the next day after giving to court of the corresponding statement.
19. Features of distribution of legal cases are established by Regulations on Single judicial information and telecommunication system.
Article 33. Individual or joint consideration
1. Cases in Trial Courts are considered by the judge solely, except the cases determined by this Code.
Put any case relating to cognizance of Trial Court depending on category and complexity, it can be considered jointly as a part of three judges, except cases which are considered according to the procedure of the mandative and simplified claim production.
2. Cases in the Supreme court concerning intellectual property are considered by board of judges as a part of three judges.
3. Review in appeal procedure for judgments of Trial Courts is performed by board of judges of Appeal Court as a part of three judges.
4. Review of judgments of Trial and Appeal Courts is performed by board of judges of court of cassation instance as a part of three or bigger odd number of judges.
5. In the cases determined by this Code review of judgments by court of cassation instance is performed by the trial chamber of Cassation economic court (chamber) combined by chamber of Cassation economic court (the joint chamber) or Big Chamber of the Supreme Court (Big Chamber).
6. The meeting of chamber in court of cassation instance is considered competent on condition of presence of more than a half of its structure on it.
7. The meeting of the joint chamber, Big Chamber is considered competent if at it there are at least than two thirds of its structure.
8. Review of judgments on newly discovered facts is performed by court in the same quantitative structure in which these decisions were made (solely or jointly).
9. Irrespective of in what structure case was considered, review of judgments on exceptional circumstances on the bases determined by Items 1, 3 parts three of article 320 of this Code is performed by board as a part of three or bigger odd number of judges, and on the basis determined by Item 2 parts three of Article 320, - Big Chamber of the Supreme Court.
10. If case be considered by the judge solely, but this Code provides possibility of joint consideration of such case, the issue of purpose of joint consideration is resolved before the end of preparatory meeting on case (prior to consideration of the case if the preparatory meeting is not held) the judge considering case, on own initiative or according to the petition of the participant of case about what determination is taken out.
11. The issue of consideration of the case by board as a part of more than three judges is resolved by the board of judges determined according to the procedure, established by Article part two 32 of this Code, prior to consideration of the case, taking into account category and complexity of case about what determination is taken out.
Article 34. Procedure for the solution of questions in case of joint consideration of the case
1. The questions arising during joint consideration of the case by court are solved by a majority vote judges. The chairman votes the last.
2. In case of decision making on each question any of judges has no right to abstain from vote and signing of the decision or the resolution. Judges have no right to disclose observations which were made in the consultative room.
3. The judge not concordant with the decision can state the special opinion in writing. Participants of case without announcement of its content in judicial session are reported about availability of special opinion. The special opinion is filed and is open for acquaintance.
Article 35. Bases for removal (rejection) of the judge
1. The judge cannot consider case and is subject to branch (rejection) if:
1) he is family member or the close relative (the husband, the wife, the father, mother, the stepfather, the stepmother, the son, the daughter, the stepson, the stepdaughter, the brother, the sister, the grandfather, the woman, the grandson, the granddaughter, the adoptive father or adopted, the guardian or the custodian, the family member or the close relative of these persons) the party or other participants of legal procedure or persons who provided to the party or other participants of case legal aid in this case, or other judge who is part of court which considers or considered case;
2) he took part in case as the witness, the expert, the specialist, the translator, the representative, the lawyer, the court session secretary, or provided to the party or other participants of case legal aid in this or another matter;
3) he is directly or indirectly interested in result of consideration of the case;
4) the procedure for determination of the judge for consideration of the case was broken;
5) there are other circumstances raising doubts in impartiality or objectivity of the judge.
2. The judge is subject to branch (rejection) also in the presence of circumstances, stipulated in Clause the 36th of this Code.
3. Persons who are family members, relatives among themselves or relatives of spouses cannot be part of court.
4. Disagreement of the party with proceeding decisions of the judge, the decision or separate opinion of the judge on another matters expressed publicly opinion of the judge concerning this or that legal issue cannot be the basis for branch.
Article 36. Inadmissibility of repeated participation of the judge in consideration of the case
1. The judge who was taking part in permission of case in Trial Court cannot participate in consideration of the same case in courts of appeal and cassation instances, and also in new trial put Trial Court after cancellation of the decision or determination about suit abatement.
2. The judge who was taking part in dispute settlement in case with participation of the judge cannot participate in consideration of this case in essence or review of any judgment made in it.
3. The judge who was taking part in permission of case in Appeal Court cannot participate in consideration of the same case in courts of cassation or first instance, and also in new trial of case after cancellation of the court order of appellate instance.
4. The judge who was involved in reconsideration of the case in court of cassation instance cannot participate in consideration of the same case in court of the first or appeal instances, and also in its new trial after cancellation of the court order of cassation instance.
5. The judge who was taking part in permission of case on the decision in which subsequent was cancelled by last resort court cannot participate in consideration of the application about review on judgment newly discovered facts on this case.
6. The judge who was taking part in permission of case in court of the first, appeal, cassation instances cannot participate in consideration of the application about review of the judgment in connection with exceptional circumstances in this case.
Article 37. Bases for removal (rejection) of the court session secretary, expert, specialist, translator
1. The court session secretary, the expert, the specialist, the translator cannot be involved in consideration of the case and are subject to branch (rejection) on the bases specified in article 35 of this Code.
2. The expert, the specialist, the translator cannot be involved in consideration of the case if he was or is in job or other dependency from participants of case.
3. Participation of the court session secretary, expert, specialist, translator in judicial session by the previous consideration of this case respectively as court session secretary, the expert, the specialist, the translator is not the basis for their branch.
Article 38. Statements for rejections and branches
1. On the bases specified in Articles 35, of the 36 and 37 of this Code, the judge, the court clerk, the expert, the specialist, the translator shall declare rejection.
2. On the bases specified in Articles 35, of the 36 and 37 of this Code, withdrawal of case by participants can be declared to the judge, the court clerk, the expert, the specialist, the translator.
3. Branch shall be the motivated and declared within ten days from the date of receipt by participant of case of the resolution on opening of proceeedings, but no later than the beginning of preparatory meeting or the first judicial session if case is considered according to the procedure of the simplified claim production. Rejection can be declared not later than the beginning of preparatory meeting or the first judicial session if case is considered according to the procedure of the simplified claim production.
After the expiration of the specified term it is allowed to declare branch (rejection) only in exceptional cases when the applicant cannot knows of the basis of branch (rejection) before the expiration of the specified term, but no later than two days from the date of when the applicant learned about such basis.
4. Establishment of the circumstances specified in Items 1-4 of part one of article 35 of this Code, article 36 of this Code exempts the applicant from obligation of provision of other proofs of bias of the judge for the purposes of branch.
5. If branch is declared repeatedly for the reasons considered earlier, the court which considers case leaves such statement without consideration.
Article 39. Procedure for permission of the declared branch and rejection
1. The issue of removal (rejection) of the judge can be resolved both to, and after opening of proceeedings.
2. The issue of removal of the judge is resolved by court which considers case. The court satisfies branch if comes to conclusion about its justification.
3. If the court comes to conclusion about groundlessness of the declared branch, it resolves issue of suspension of proceeedings. In this case the solution of question of branch is performed by the judge who is not part of the court considering case and is determined according to the procedure, established by Article part one 32 of this Code. Branch cannot be declared to such judge.
4. If the question of the removal of the judge according to the procedure determined by part three of this Article cannot be considered in court in which case is considered, then case for the solution of question of branch is brought to trial relevant authorities, the brought most territorially closer to this court.
5. If at the time of filing of application about removal of the judge in court less than three judges perform justice, the solution of question of branch is performed in the consultative room by the judge who considers case or makes other legal proceeding about what determination is taken out. In that case provisions of parts three and the fourth this Article are not applied.
6. The question of removal of the judge of Big Chamber is considered by Big Chamber. The question of branch does not participate in consideration by Big Chamber the judge to whom such branch is declared.
7. The question of branch shall be considered no later than two days from the date of receipt of the statement for branch, and in case of consideration of the application about withdrawal of other court by the judge - no later than ten days from the date of receipt of the statement for branch.
8. The court resolves issue of removal without notice of participants of case. At the initiative of court the issue of branch can be resolved in judicial session with the notice of participants of case. Absence of participants put in judicial session in which the issue of branch is resolved, does not interfere with consideration by court of question of branch.
9. The issue of rejection of the judge is resolved in the consultative room by determination of the court considering case.
10. The question of removal of the court session secretary, the expert, the specialist, translator is allowed by the structure of court considering case. The court considering the application for branch hears person to whom branch is declared if it wishes to offer explanations, and also opinion of participants of case. Absence of person to whom branch is declared in judicial session in which the issue of branch is resolved, does not interfere with consideration by court of question of branch.
11. By results of permission of the statement for branch the court takes out determination.
Article 40. Effects of withdrawal of court (judge)
1. In case of allowance of the application about removal of the judge who considers case solely case is considered in the same court by other judge who is determined according to the procedure, stipulated in Clause 32 these Codes.
2. In case of allowance of the application about branch to one or several judges who consider case jointly case is considered in the same court by the same structure of board of judges with replacement of the taken-away judge or judges, or other list of judges which is determined according to the procedure, stipulated in Clause 32 these Codes.
3. If after satisfaction of branches (rejections) or in the presence of the bases specified in article 36 of this Code it is impossible to form new structure of court for consideration of the case, the case on the order of the chairman of justices is submitted to other court determined according to the procedure, established by this Code.
Chapter 4. Participants of legal procedure
§1. Participants of case
Article 41. List of participants of case
1. In cases of claim production by participants of case the parties and the third parties are.
2. By consideration of requirements in mandative production by participants of case the applicant and the debtor are.
3. Bodies and persons who by the law are granted the right to take a legal action for the benefit of other persons can also take part in cases.
4. In cases on appeal of the decision of reference tribunal and on issue of the order on forced execution of the decision of reference tribunal by participants of case participants of arbitration consideration, and also persons who did not participate in arbitration are if the reference tribunal resolved issue of their rights and (or) obligations.
5. In cases on bankruptcy the list of participants of case is determined by the Law of Ukraine "About recovery of solvency of the debtor or recognition by his bankrupt".
Article 42. Rights and obligations of participants of case
1. Participants of case have the right:
1) to get acquainted with case papers, to make from them statements, copies, to receive copies of judgments;
2) to produce the evidence; participate in judicial sessions if other is not determined by the law; participate in research of proofs; ask questions to other participants of case, and also witnesses, experts, specialists;
3) to submit applications and petitions, to offer explanations for court, to give the arguments, reasons concerning questions which arise during legal proceedings, and objection against statements, petitions, arguments and reasons of other persons;
4) to get acquainted with the protocol of judicial session, record of fixation of judicial session by technical means, to make copies, to submit written notes concerning abnormality or incompleteness;
5) to appeal judgments in the cases determined by the law;
6) to have other procedural law determined by the law.
2. Participants of case shall:
1) to show respect for court and for other participants of legal procedure;
2) to promote timely, comprehensive, complete and objective establishment of all facts of the case;
3) to be in judicial session on challenge of court if their appearance is acknowledged as court of obligatory;
4) to submit all proofs which are available for them according to the procedure and the terms established by the law or court not to hide the proof;
To provide 5) to court complete and reliable explanations on questions which are put by court, and also participants of case in judicial session;
6) to perform legal proceedings in the terms established by the law or court;
7) to fulfill other procedural duties established by the law or court.
3. In case of non-execution by the participant of case of its obligations the court applies to such participant of case of measure of procedural coercion, provided by this Code.
4. In delusion of rather actual facts of the case perpetrators bear the responsibility established by the law for introduction of court.
5. Documents (including procedural documents, written and electronic proofs and so forth) can be filed a lawsuit, and legal proceedings to be made by participants of case electronically with use of Single judicial information and telecommunication system, except as specified, provided by this Code.
6. Procedural documents electronically shall be filed a lawsuit by participants of case with use of Single judicial information and telecommunication system by filling of forms of procedural documents according to Regulations on Single judicial information and telecommunication system.
7. If this Code provides obligation of the participant of case to send copies of documents to other participants of case, such documents can go to specified persons with use of Single judicial information and telecommunication system electronically, except cases when other participant has no official e-mail address.
8. If documents are filed a lawsuit by participants of case or go to other participants of case electronically, such documents are fastened with the digital signature of the participant of case (his representative). If documents are filed a lawsuit by participants of case or go to other participants of case in paper form, such documents are fastened with the sign manual of the participant of case (his representative).
9. If the claim, appeal, the writ of appeal are filed a lawsuit electronically, the claimant, person who made the complaint shall file a lawsuit statements as a matter of fact, the petition and written proofs exclusively electronically, except cases when the court provides permission to their representation in paper form.
Article 43. Inadmissibility of abuse of procedural law
1. Participants of process and their representatives shall have procedural law honesty; abuse of procedural law is not allowed.
2. Depending on specific circumstances the court can recognize as abuse of procedural law of action, contradicting tasks of economic legal proceedings, in particular:
1) submission of the claim to the judgment which is not subject to appeal, is not acting or action of which ended it (is exhausted), submission of the petition (statement) for the solution of question which is already solved by court, in the absence of other bases or new circumstances, the statement of obviously groundless branch or making of other similar actions directed to groundless tightening or preventing to consideration of the case or execution of the judgment;
2) submission of several claims to the same defendant (defendants) with the same subject and of the same bases or submission of several claims with similar subject and of the similar bases, or making of other actions which purpose is manipulation with the automated distribution of cases between judges;
3) submission of obviously frivolous action, claim in the absence of matter in issue or in dispute which has obviously artificial character;
4) unreasonable or artificial consolidation of claims for the purpose of change of jurisdiction of the case, or obviously unreasonable involvement of person as the defendant (codefendant) with the same purpose;
5) the conclusion of the voluntary settlement sent to damage to the third party rights, the intentional not message on persons which shall be attracted to participate in case.
3. If submission of the claim, statement, petition is recognized abuse of procedural law, the court taking into account the facts of the case has the right to leave without consideration or to return the claim, the statement, the petition.
4. The court shall take measures for prevention of abuses of procedural law. In case of abuse of procedural law of the participant of legal procedure the court applies to it the measures determined by this Code.
Article 44. Standing in court and procedural capacity to act
1. All physical persons and legal entities are capable to have procedural law and obligations of the Party, the third party, the applicant, the debtor (standing in court).
2. Physical persons which reached age of majority and also legal entities are capable to perform personally procedural law and to fulfill the duties in court (procedural capacity to act).
3. Minors aged from fourteen up to eighteen years, and also persons whose civil capacity to act is limited can personally perform procedural law and fulfill the duties in court in the cases arising from the relations in which they personally participate if other is not established by the law. The court can recruit in such cases of the legal representative of the minor or person whose civil capacity to act is limited.
4. In case of registration of scrap of physical person which did not reach age of majority it acquires procedural capacity to act from the moment of scrap registration. Procedural capacity to act is acquired also by the minor to whom according to the procedure, established by the law, full civil legal capacity is provided.
5. The legal entity acquires procedural law and obligations according to the procedure, established by the law, and performs them through the representative.
6. The legal entity can acquire procedural law and obligations and to perform them through the participants in cases when according to the law or the constituent document such legal entity acquires and performs the rights, and also performs duties through the participants.
Article 45. The parties in legal procedure
1. The faces specified in article 4 of this Code can be the parties in legal procedure - claimants and defendants-.
2. Claimants are persons who submitted claim or for the benefit of whom claim for protection of the broken, unrecognized or disputed right or the interest protected by the law is submitted.
3. Defendants are persons on whom the claim is imposed.
Article 46. Procedural law and obligations of the Parties
1. The parties have the equal procedural law.
2. Except the rights and obligations determined in article 42 of this Code:
1) the claimant has the right to refuse the claim (all or part of claims), the defendant has the right to recognize the claim (all or part of claims) - at any stage of legal procedure;
2) the claimant has the right to increase or reduce the size of claims - before the end of preparatory meeting or prior to the first judicial session if case is considered according to the procedure of the simplified claim production;
3) the defendant has the right to submit the counter action to the terms established by this Code.
3. Before the end of preparatory meeting the claimant has the right to change subject or the bases of the claim by submission of the written application. In case which is considered by rules of the simplified claim production change of subject or the bases of the claim is allowed not later than five days prior to the first judicial session on case.
4. In case of the direction of case on new trial in Trial Court change of subject, the bases of the claim is not allowed, except the cases determined by this Article.
Change of subject or the bases of the claim in case of new trial of case is allowed in the terms established by part three of this Article, only if it is necessary for protection of the rights of the claimant in connection with change of the actual facts of the case which happened after the end of preparatory meeting or if case was considered by rules of the simplified claim production - prior to the first judicial session in case of initial consideration of the case.
5. In case of submission of any statement, stipulated in Item 2 parts two, part three or the fourth this Article, are brought into court proofs of the direction of the copy of the application and documents attached to it to other participants of case. In case of non-presentation of such proofs the court does not take cognizance and returns to the applicant the corresponding application about what it specifies in the resolution.
6. The court does not accept abandonment of claim, reduction of the size of claims, recognition of the claim by the defendant in case in which person is represented by his legal representative if its actions contradict interests of person who it represents.
7. The parties can sign the voluntary settlement at any stage of legal procedure.
Article 47. Participation in case of several claimants or defendants
1. The claim can be made jointly by several claimants or to several defendants. Each of claimants or defendants on the other hand acts in legal procedure independently.
2. Participation in case of several claimants and (or) defendants (procedural partnership) is allowed if:
1) matter in issue are common laws or obligations of several claimants or defendants;
2) the rights or obligations of several claimants or defendants arose from one basis;
3) matter in issue are the homogeneous rights and obligations.
Article 48. Attraction to participation in case of the codefendant. Replacement of the inadequate defendant
1. Trial Court of the claimant having the right according to the petition before the end of preparatory production, and in case of consideration of the case on rules of the simplified claim production - prior to the first judicial session to recruit in it the codefendant.
2. If claim is submitted not to that person who shall answer in the claim, court before the end of preparatory production, and in case of consideration of the case on rules of the simplified claim production - prior to the first judicial session, according to the petition of the claimant replaces the initial defendant with the proper defendant, without closing proceeedings.
3. After the expiration of the terms specified in parts one and the second this Article, the court can recruit in the case of the codefendant or replaces the initial defendant with the proper defendant only if the claimant will prove that did not know and could not know before submission of the claim in case on the basis of involvement of such codefendant or replacement of the inadequate defendant.
4. About involvement of the codefendant or replacement of the inadequate defendant determination is taken out. According to the petition of the new defendant or the attracted codefendant consideration of the case is started anew.
5. The defendant replaced with other defendant has the right to declare the requirement about compensation of the court costs incurred by it owing to frivolous actions of the claimant. The issue of distribution of court costs is resolved in the resolution on replacement of the inadequate defendant.
Article 49. The third parties declaring independent requirements concerning matter in issue
1. The third parties declaring independent requirements concerning matter in issue can go into action before the end of preparatory production or prior to the first judicial session if case is considered according to the procedure of the simplified claim production, having submitted claim to one or several parties.
2. About adoption of the action for declaration and the introduction of the third party in case the court takes out determination.
3. The third parties declaring independent requirements concerning matter in issue have all rights and perform all duties of the claimant.
4. After the introduction to the third party who declared independent requirements concerning matter in issue, case on the petition of the participant of case is considered at first.
5. Provisions of article 180 of this Code are applied to claims of the third parties declaring independent requirements concerning matter in issue in case in which production is open.
Article 50. The third parties who are not declaring independent requirements concerning matter in issue
1. The third parties who are not declaring independent requirements concerning matter in issue can go into action on the party of the claimant or defendant before the end of preparatory proceeedings or prior to the first judicial session if case is considered according to the procedure of the simplified claim production if the decision on case can affect their rights or obligations concerning one of the parties. They can be attracted to participate in case also on the statement of participants of case.
2. If the court in case of the solution of question of opening of proceeedings or by preparation of case for consideration determines that the decision of economic court can affect the rights and obligations of persons which are not party to the case, the court recruits such persons in case in quality of the third parties who are not declaring independent requirements concerning matter in issue.
3. In statements for involvement of the third parties and in statements of the third parties for the introduction in case on the party of the claimant or defendant it is specified on what bases of the third parties it is necessary to recruit in case.
4. About involvement of the third parties to participation in case the court takes out determination in which specifies what rights or obligations of such person and how the judgment on case can affect.
5. The third parties who are not declaring independent requirements have procedural law and obligations, stipulated in Clause 42 these Codes.
6. The introduction to the third party who is not declaring independent requirements concerning matter in issue does not involve consideration of the case at first.
Article 51. Not attraction effects to the third party who is not declaring independent requirements concerning matter in issue
1. If as a result of adoption of the judgment the party can acquire the right concerning the third party or the third party can impose requirements to the party, such party shall inform this person on opening of proceeedings and file a lawsuit the statement for attraction it to participation in case in quality of the third party who is not declaring independent requirements concerning matter in issue. Proofs of the direction of its copy to person about which attraction as the third party the application is submitted shall be enclosed to such application.
2. In case of consideration of the case without notice of the third party about consideration of the case, the facts of the case established by the judgment have no legal effects by consideration of the claim made by the party which participated in this case, to this to third persons or the claim made by this third party from such party.
Article 52. Procedural legal succession
1. In case of death or the announcement of physical person the dead, the terminations of the legal entity by reorganization (merge, accession, separation, transformation), replacements of the creditor or the debtor in the obligation, and also in other cases of replacement of person in the relations concerning which there was dispute the court recruits in the case of the legal successor of the corresponding participant of case at any stage of legal procedure.
2. All actions made in legal procedure to the introduction to the legal successor are obligatory for it the same as they were obligatory for person who the legal successor replaced.
3. About replacement or about refusal in replacement of the participant of case by his legal successor the court takes out determination.
Article 53. Participation in legal procedure of bodies and faces which by the law are granted the right to take a legal action for the benefit of other persons
1. In the cases established by the law, public authorities, local government bodies, physical persons and legal entities can take a legal action for the benefit of other persons, the state or public concerns and participate in these cases.
2. The public authorities, local government bodies which are taking a legal action behind protection of the rights and interests of other persons shall provide to court the documents confirming availability of the bases for appeal to the court provided by the law for the benefit of such persons.
3. In the cases determined by the law the prosecutor takes a legal action with the action for declaration, is involved in hearing of cases in its claims, and also can go on the initiative into action on which production is initiated in the claim of other person, prior to substantive prosecution, gives appeal, the writ of appeal, the statement for review of the judgment on again opened or exceptional circumstances.
4. The prosecutor who is taking a legal action for the benefit of the state in claim or other statement, the claim proves what violation of interests of the state, the need of their protection established by the law of the basis for appeal to the court of the prosecutor consists in and also specifies the body authorized by the state to perform the corresponding functions in disputable legal relationship. Failure to carry out of these requirements attracts application of provisions, stipulated in Article 174 of this Code.
5. In case of opening of production according to the action for declaration of person which by the law is granted the right to take a legal action for the benefit of other persons (except the prosecutor), person in whose interests claim is submitted acquires the status of the claimant.
In case of opening of production according to the action for declaration submitted by the prosecutor for the benefit of the state on behalf of body authorized to perform functions of the state in disputable legal relationship, the specified body acquires the status of the claimant. In case of absence of such body or lack of powers at it concerning appeal to the court the prosecutor specifies about it in the action for declaration and in that case acquires the status of the claimant.
Article 54. Features of participation in legal procedure of persons which by the law are granted the right to take a legal action for the benefit of the legal entity in the disputes on indemnification caused by his official
1. The owner (the participant, the shareholder) of the legal person who belongs 10 and more percent of the authorized capital of society (except preferred shares) or share in which property of legal entity constitutes 10 and more percent, can submit the indemnification claim for the benefit of such legal entity, caused to the legal entity by his official.
2. In case of opening of production in such claim the specified legal entity acquires the status of the claimant, but has no right to perform the procedural law and obligations without the consent of the owner (the participant, the shareholder) who submitted claim. The official to whom the claim having no right to represent the legal entity and to designate other person for representation of the legal entity in this case is made.
3. Before the end of preparatory meeting on case other co-owner (the participant, the shareholder) of the legal person who belongs 10 and more percent of the authorized capital of society (except preferred shares) or the share in which property of legal entity constitutes 10 and more percent, has the right to join the filed a lawsuit claim by submission of the corresponding statement then it acquires the same procedural law and obligations, as well as the owner (the participant, the shareholder) who submitted claim.
4. In the disputes on indemnification caused to the legal entity by his official, abandonment of claim, given according to this Article, reduction of the size of claims, change of subject or basis of the claim, the conclusion of the voluntary settlement, refusal from appeal or the writ of appeal, the statement for review of the judgment on again opened or exceptional circumstances are possible only in the written consent of all owners (participants, shareholders) who in this case act for the benefit of the legal entity.
Article 55. Procedural law of bodies and persons which by the law are granted the right to take a legal action for the benefit of other persons
1. Bodies and persons who according to this Code took a legal action for the benefit of other persons have procedural law and obligations of person for the benefit of whom they act, except for of the restrictions provided by part two of this Article.
2. Bodies and persons who according to this Code have the right to take a legal action for the benefit of persons except for of persons who by the law are granted the right to take a legal action for the benefit of the legal entity in the disputes on indemnification caused by his official have no right to sign the voluntary settlement.
3. The refusal of bodies and persons who according to this Code took a legal action for the benefit of other persons of the application submitted by them or change of claims does not deprive person, in protection of the rights and which interests the application, the rights to demand from court of consideration of the case and the solution of the requirement in initial amount is submitted.
4. If person having procedural capacity to act and for the benefit of which the application is submitted does not support the declared claims, the court leaves the statement without consideration, except the indemnification claim, caused to the legal entity by his official, the given owner (the participant, the shareholder) of the legal entity in its interests, and also the claim of the prosecutor for the benefit of the state.
5. Refusal of body, authorized to perform the corresponding functions in disputable legal relationship, from the claim (statement) submitted by the prosecutor for the benefit of the state, submission to them of the statement for leaving of the claim without consideration does not deprive of the prosecutor of the right to prosecute the case (statement) and to require substantive prosecution.
6. The prosecutor and person who by the law is granted the right to take a legal action for the benefit of other persons for the purpose of the solution of question of availability of the bases for review of judgments in the case considered without his (her) participation has the right to get acquainted with case papers in court and to receive their copies. The prosecutor has the same right for the purpose of the solution of question of the introduction in case on the claim (statement) of other person.
§2. Representatives
Article 56. Participation in case of the representative
1. The party, the third party, and also person who by the law is granted the right to take a legal action for the benefit of other person can participate in legal procedure personally (personal participation) and (or) through the representative.
2. Personal participation in case of person does not deprive of it the right to have on this case the representative.
3. The legal entity participates in case through the head or the member of executive body, authorized to be effective from his name according to the law, the charter, provision (personal participation of the legal entity), or through the representative.
4. The state, territorial community takes part in case through relevant organ of the government, local government body according to its competence, on behalf of which his head or the representative acts.
Article 57. Legal representatives
1. Interests of juvenile persons aged up to fourteen years, and also incapacitated physical persons represent in court according to their parents, adoptive parents, guardians or other persons determined by the law.
2. Interests of minors aged from fourteen up to eighteen years, and also persons whose civil capacity to act is limited can represent in court according to their parents, adoptive parents, custodians or other persons determined by the law. The court can recruit the minor or person whose civil capacity to act is limited in such cases.
3. Legal representatives can charge conducting case in court to other persons who according to the law have the right to perform representation in court.
4. The court attracts relevant organ or person who by the law is granted the right to protect the rights and interests of other persons if actions of the legal representative contradict interests of person who it represents.
Article 58. Persons who can be representatives
1. The lawyer or the legal representative can be the representative in court.
2. By hearing of cases about insignificant disputes (insignificant cases) by the representative there can be person who reached eighteen years, has civil procedural capacity to act, except for persons determined by article 59 of this Code.
3. Organa and other persons who by the law are granted the right to take a legal action for the benefit of juveniles or minors or persons who are acknowledged court incapacitated or capacity to act of which is limited, their officials represent in court, except cases when such bodies and persons are the party or the third party in case.
4. The same person can be at the same time the representative of several claimants or several defendants or the several third parties on one party, on condition of no conflict of interest between them.
Article 59. Persons who cannot be representatives
1. Person participating in case as the court session secretary, the expert, the specialist, the translator and the witness, or the assistant judge who considers case cannot be the representative in court.
2. Person cannot be representative if it in this case represents or represented other person whose interests in this case contradict interests of his principal.
3. Judges, prosecutors, investigators, employees of the divisions performing operational search activities cannot be representatives in court, except cases when they act on behalf of the relevant organ which is the party or the third party in case or as legal representatives.
Article 60. The documents confirming powers of representatives
1. Powers of agents of the parties and other participants of case shall be supported by the following documents:
1) power of attorney of physical person or legal entity;
2) certificate of birth of the child or decision on appointment as the guardian, custodian or security guard of heritable property.
2. The power of attorney of physical person shall be certified notarially or in the cases determined by the law by other person.
3. The power of attorney on behalf of the legal entity is issued behind the signature (digital signature) of the official authorized on it by the law, constituent documents.
4. Powers of the lawyer as representative are confirmed by the power of attorney or the order issued according to the Law of Ukraine "About legal profession and lawyer activities".
5. The power of attorney of physical person according to which appeal the decision on provision to it free secondary legal assistance is made can be certified by the official of body (organization) which made such decision.
6. Compliance of the copy of the document confirming powers of the representative to the original can be certified by the signature of the judge.
7. Originals of the documents specified in this Article, the copy from them, assured by the judge or the copies from them assured of the procedure established by the law join case papers.
8. In case of submission of the statement by the representative on the merits of the case electronically, he can add to it the power of attorney or the order electronically signed by the digital signature according to Regulations on Single judicial information and telecommunication system.
9. In case of giving by the representative he adds the power of attorney or other document certifying its powers to court of the statement, claim, petition if in case there is no confirmation of such power at the time of submission of the corresponding statement, the claim, the petition.
10. The powers of attorney or other documents confirming powers of the representative which were certified in other states shall be legalized in the procedure established by the legislation if other is not established by international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine.
Article 61. Powers of the representative in court
1. The representative who has powers on conducting case in court makes its procedural law and obligations on behalf of person who it represents.
2. Restrictions of powers of the representative for making of certain legal proceeding shall be stipulated in the power of attorney issued to it or the order.
3. The bases and procedure for the termination of representation are by proxy determined by the Civil code of Ukraine, and representation by the order - the legislation on legal profession.
4. About the termination of representation or restriction of powers of the representative by proxy or to the order it shall be reported to court by submission of the written application.
5. In case of the termination of powers of the representative on implementation of representation of person in case the representative cannot be in the same case by the representative of other party, the third party of other party or the third party with independent requirements concerning matter in issue.
§3. Other participants of legal procedure
Article 62. List of other participants of legal procedure
1. Participants of legal procedure, except participants of case and their representatives, the assistant judge, the court session secretary, the judicial manager, the witness, the expert, the expert in points of law, the translator, the specialist is.
Article 63. Assistant judge
1. The assistant judge provides preparation and organizational support of legal procedure.
2. Assistant judge:
1) participates in registration of legal cases, at the request of the judge prepares projects of requests, letters, other materials connected with consideration of specific case, executive documents;
2) is performed by execution of copies of judgments for the direction to parties to the case and other participants of case according to requirements of the procedural legislation, controls timeliness of sending copies of judgments;
3) carries out other orders of the judge concerning the organization of consideration of legal cases.
3. The assistant judge at the request of the judge (the chairman in judicial board) can perform its powers in the absence of the court session secretary. During implementation of such powers branch on the bases provided by this Code for removal of the court session secretary can be declared to the assistant judge.
Article 64. Court session secretary
1. Court session secretary:
Checks 1) which of participants of process was in judicial session which of participants of legal procedure participates in judicial session in the video conference mode, and reports on it on the chairman;
2) is provided by control of complete fixation of judicial session with technical means and carrying out judicial session in the video conference mode;
3) is provided by taking the minutes of judicial session and constitutes protocols of making of separate legal proceedings;
4) is provided by execution of case papers;
5) carries out other orders of the judge concerning consideration of the case.
2. The court session secretary can specify essence of legal proceeding for the purpose of its correct reflection in the protocol of judicial session.
3. The court session secretary fulfills duties of the judicial manager in case of its absence.
Article 65. Judicial manager
1. Judicial manager:
1) is provided by proper condition of courtroom and invites in it participants of legal procedure;
2) taking into account the number of places and providing procedure during judicial session is determined by the possible number of persons who can be present at courtroom;
Announces 3) entrance and exit of court from courtroom, suggests all attendees to rise;
4) monitors observance of procedure by persons who are present at courtroom;
5) during judicial session accepts documents and other materials from the participants of legal procedure who are present at the hall and transfers to court;
6) invites in courtroom of witnesses and follows instructions of the reduction presiding relatively them to the oath;
7) carries out other orders of the chairman connected with creation of the conditions necessary for hearing of cases.
2. The requirements of the judicial manager connected with fulfillment of duties, specified in part one of this Article, are obligatory for participants of process and other persons who are present at courtroom.
3. Claims to actions or failure to act of the judicial manager are considered by court in the same process.
Article 66. Witness
1. Any capable physical person to which any circumstances concerning case are known can witness.
2. The witness shall be on him I will subpoena in due time and to give truthful evidences about circumstances known to it. In the absence of objections of participants of case the witness can participate in judicial session in the video conference mode. The court is able to allow the witness to participate in judicial session in the video conference mode irrespective of objections of participants of case if the witness cannot be in court because of disease, old age, disability or other reasonable excuses.
3. In case of impossibility of arrival in court and participations in judicial session in the video conference mode on challenge of court the witness shall notify on it court beforehand.
4. The witness has the right to give evidences in the native language or language which he knows, to use written records, to refuse evidence in the cases established by the law and also entitlement to compensation of the expenses connected with writ of summons.
Article 67. Persons who cannot be interrogated as witnesses
1. Cannot be interrogated as witnesses:
1) incapacitated physical persons, and also persons who are on accounting or on treatment in psychiatric medical institution and not capable owing to the physical or mental defects it is correct to perceive the circumstances important for case or to give evidences;
2) persons who under the law shall keep in secret the data entrusted them in connection with rendering professional legal aid or services of mediation (mediation) during extrajudicial dispute settlement - about such data;
3) priests - about the data received by them on confession of believers;
4) judges and jurors - about circumstances of discussion in the consultative room of the questions which arose during adoption of the judgment or of information which became known to the judge during dispute settlement with its participation;
5) other persons who cannot be interrogated as witnesses under the law or the international treaty which consent to be bound is provided by the Verkhovna Rada of Ukraine, without their consent.
2. Persons who have diplomatic immunity cannot be interrogated as witnesses without their consent, and representatives of diplomatic representations - without the consent of the diplomatic representative.
Article 68. Refusal of the witness of evidence upon the demand of court
1. The witness who was upon the demand of court has no right to refuse to give evidences, except indications concerning himself, family members or close relatives (the husband, the wife, the father, mother, the stepfather, the stepmother, the son, the daughter, the stepson, the stepdaughter, the brother, the sister, the grandfather, the woman, the grandson, the granddaughter, the adoptive father or adopted, the guardian or the custodian, person over whom guardianship or custody is established, the family member or the close relative of these persons) who can attract legal responsibility for it or such family members or close relatives.
2. The witness who was upon the demand of court and refuses to give evidences, shall report causes of failure.
Article 69. Expert
1. Person who has the special knowledge necessary for clarification of the corresponding facts of the case can be the expert.
2. The expert can be appointed by court or be attracted by the participant of case.
3. The expert shall draw the reasonable and objective written conclusion on the questions raised to it.
4. The expert shall be on him I will subpoena both to explain the conclusion and to answer questions of court and participants of case. In the absence of objections of participants of case the expert can take part in judicial session in the video conference mode.
5. The expert has no right to entrust conducting examination to other person.
6. The expert has the right:
1) to get acquainted with case papers;
2) to declare petitions for provision to it additional materials and samples if examination is appointed by court;
To state 3) in experimental testimony the facts elicited during its carrying out which matter for case and concerning which to it questions were not raised;
4) to be present when making the legal proceedings concerning subject and objects of research;
5) for the purposes of conducting examination to declare the petition for poll of participants of case and witnesses;
6) to have other rights which are granted by the Law of Ukraine "About judicial examination".
7. The expert has the right to payment of the performed work and to compensation for expenses, connected with conducting examination and writ of summons.
8. The expert appointed by court can refuse making the conclusion if the materials provided on its request are insufficient for execution of the obligations assigned to it. The declaration of abandonment shall be motivated.
Article 70. Expert in points of law
1. As the expert in points of law person who has scientific degree and is acknowledged specialist in branch of law can be involved. The decision on the admission to participation in case of the expert in points of law and attaching of its conclusion to case papers is accepted by court.
2. The expert in points of law shall be on him I will subpoena, to answer the questions raised by court, to make explanations. In the absence of objections of participants of case the expert in points of law can participate in judicial session in the video conference mode.
3. The expert in points of law has the right to know the purpose of the writ of summons, to refuse participation in legal procedure if he does not own the corresponding knowledge, and also the right to fee and the compensation for expenses connected with writ of summons.
Article 71. Specialist
1. Specialist is the person having the special knowledge and skills necessary for use of technical means, and appointed by court for provision of consultations and technical assistance when making the legal proceedings connected using such technical means (photography, creation of schemes, plans, drawings, sampling for conducting examination, etc.).
2. The help and consultations of the specialist do not replace the expert opinion.
3. The specialist shall be on him I will subpoena, to answer the questions raised by court, to give consultations and explanations, in case of need to provide to court other technical assistance. In the absence of objections of participants of case the specialist can take part in judicial session in the video conference mode.
4. The specialist has the right to know the purpose of the writ of summons, to refuse participation in legal procedure if he does not own the corresponding knowledge and skills to draw the attention of court to characteristic circumstances or features of the proofs, and also the right to payment of the performed work and to compensation for expenses connected with writ of summons.
Article 72. Translator
1. Translator is person who is fluent in language which performs legal proceedings, and other language which knowledge is necessary for oral or translation from one language in another, and also person owning technology of communication with deaf, mute or deaf-and-dumb.
2. The translator is allowed by the court order according to the statement of the participant of case or is appointed at the initiative of court.
Participation of the translator who owns technology of communication with deaf mute or deaf-and-dumb is obligatory when considering the case, one of members of whom is person with hearing disorder. Qualification of such translator is confirmed by the relevant document issued according to the procedure, established by the legislation.
3. The translator has the right to ask question for the purpose of transfer refining, to refuse participation in legal procedure if it has no the sufficient knowledge of language necessary for transfer, and also to payment of the performed work and to compensation for expenses, connected with writ of summons.
4. The translator shall be on him I will subpoena, to make full and correct transfer, to certify correctness of transfer by the signature in procedural documents which are handed to the parties in transfer into their native language or language which they know. In the absence of objections of participants of case the translator can participate in judicial session in the video conference mode.
Chapter 5. Proofs and proof
§1. Basic provisions about proofs.
Article 73. Proofs
1. Proofs are any data based on which the court establishes availability or lack of circumstances (facts) proving requirements and objections of participants of case, and other circumstances which matter for the solution of case.
2. These data are established by such means:
1) written, physical and electronic proofs;
2) expert opinions;
3) testimonies of witnesses.
Article 74. Obligation of proof and production of evidence
1. Each party shall prove those circumstances on which it refers as to the basis of the requirements or objections.
2. In case of the reference of the participant of case to non-execution by other participant of case of certain actions or lack of certain event, court can oblige such other participant of case to provide the corresponding proofs of making of these actions or availability of certain event. In case of failure to provide such proofs the court can recognize circumstance of non-execution of the corresponding actions or lack of event established.
3. Proofs move the parties and other participants of case.
4. The court cannot collect the proofs concerning matter in issue, on own initiative except reclamation of proofs by court in case it has doubts in fair implementation by participants of case of their procedural law or fulfillment of duties concerning proofs.
Article 75. Bases of release from proof
1. Circumstances which are recognized participants of case are not subject to proof if the court has no reasonable doubt concerning reliability of these circumstances or voluntariness of their recognition. Circumstances which are recognized participants of case can be specified in statements as a matter of fact, explanations of participants of case, their representatives.
2. The refusal of recognition of circumstances is accepted by court if the party which refuses proves that it recognized these circumstances owing to the delusion having essential value, deception, violence, threat or difficult circumstance or circumstance are acknowledged as a result of the malicious arrangement of her representative with other party. About acceptance of refusal of the party of recognition of circumstances the court takes out determination. In case of acceptance by court of refusal of the party of recognition of circumstances they are proved in general procedure.
3. The circumstances recognized by court well-known do not need proof.
4. The circumstances established by the judgment on the economic, civil or administrative case which took legal effect are not proved by consideration of another matter in which the same persons or person concerning whom these circumstances are established participate if other is not established by the law.
5. The circumstances established concerning certain person by the judgment on economic, civil or administrative case which took legal effect can be confuted in general procedure by person who was not taking part in case in which such circumstances were established.
6. The court verdict in criminal proceedings, the resolution on closing of criminal proceedings and release of person from criminal liability or the court order on the case of administrative offense which took legal effect are obligatory for the economic court considering case on consequence in law of actions or divergence of person concerning which the sentence, determination or the court order, only in question is accepted whether these actions (failure to act) took place and whether they are made by this person.
7. The legal assessment given by court to certain fact by consideration of another matter is not obligatory for economic court.
8. The circumstances established by the decision of reference tribunal or international commercial arbitration are subject to proof in general procedure when considering the case by economic court.
Article 76. Relevancy of proofs
1. Proofs based on which it is possible to establish the circumstances entering proof subject are attributable. The court does not take cognizance of proofs which do not concern proof subject.
2. Subject of proof are circumstances which confirm the declared requirements or objections or have other value for consideration of the case and are subject to establishment in case of adoption of the judgment.
Article 77. Admissibility of proofs
1. Circumstances which according to the legislation shall be confirmed with certain evidentiary facts cannot be confirmed by other evidentiary facts.
2. The evidence obtained with violation of the law is not accepted by court.
Article 78. Reliability of proofs
1. Proofs based on which it is possible to establish the valid facts of the case are reliable.
Article 79. Sufficiency of proofs
1. Proofs which in the set allow to come to conclusion about availability or lack of the facts of the case entering proof subject are sufficient.
2. Question of sufficiency of proofs for establishment of the circumstances important for case, the court solves according to the internal belief.
Article 80. Production of evidence
1. Participants of case bring proofs on case directly into court.
2. The claimant, persons who by the law are granted the right to take a legal action for the benefit of other persons shall produce the evidence together with submission of the action for declaration.
3. The defendant, the third party who is not declaring independent requirements concerning matter in issue shall produce to court the evidence together with representation of response or written explanations of the third party.
4. If the proof cannot be submitted within the term established by the law for the objective reasons, the participant of case shall notify in writing on it court and specify:
the proof which cannot be provided;
the reasons for which the proof cannot be submitted within the specified term;
proofs, confirmatory that person performed all actions depending on it directed to receipt of the specified proof.
5. In case of recognition valid the reasons of non-presentation by the participant of case of proofs in the time established by the law the court can establish additional term for submission of the specified proofs.
6. In case of acceptance by court of refusal of the party of recognition of circumstances the court can establish term for production of evidence of such circumstances.
7. If with change of subject or the bases of the claim or submission of the counter action the circumstances which are subject to proof changed, the court depending on such circumstances establishes the term of representation of corroborating evidences.
8. The proofs which are not submitted within the term established by the law or court are not taken cognizance by court, except case when person who represents them proved impossibility of their representation in the specified time for the reasons which are not depending on it.
9. Copies of the proofs (except physical evidences) brought into court go or provided previously by person who gives them, to other participants of case. The court does not take into account the corresponding proofs in case of lack of confirmation of the direction (provision) of their copies to other participants of case, except case if such proofs are dealt at corresponding the participant or the amount of proofs is excessive, or they are filed a lawsuit electronically, or are publicly available.
10. Proofs which are not enclosed to the action for declaration or response on it if other is not provided by this Code, move through office of court, with use of Single judicial information and telecommunication system or in judicial session with the petition for their attaching to case papers.
11. In case of submission of the statement that the document added to case or brought into court by the participant of case for acquaintance raises doubts concerning its reliability or is false person who filed this document can ask to exclude court before the end of preparatory meeting it from among proofs and to consider case based on other proofs.
Article 81. Reclamation of proofs
1. The participant of case in impossibility case to independently provide proofs has the right to submit the petition for reclamation of proofs by court. Such petition shall be submitted in time, specified in parts two and third article 80 of this Code. If such petition is declared with the omission of fixed term, the court leaves it without satisfaction, except case when person who gives it proves impossibility of its representation at the scheduled time for the reasons which are not depending on it.
2. In the petition it shall be specified:
1) what proof is requested;
2) circumstances which this proof or arguments which it can confute can confirm;
3) the bases from which follows that this proof has the corresponding person;
4) measures which person submitting the petition applied to receipt of this proof independently, proofs of acceptance of such measures and (or) the reasons of impossibility of independent receipt of this proof;
5) the reasons of impossibility to obtain the evidence independently person submitting the petition.
3. In case of satisfaction of the petition the court with the determination requests the corresponding proofs.
4. The court can request proofs also before submission of the claim as measure of providing proofs according to the procedure, established by Articles 110-112 of this Code.
5. The court can authorize the concerned party on receipt of the proofs requested by it.
6. Any person who has proof shall issue it upon the demand of court.
7. Persons who have no opportunity to provide the proof which will request from court, or not having opportunities to produce such evidence at the scheduled time shall inform on it court with indication of the reasons within five days from the date of delivery of the resolution.
8. In case of not message to court about impossibility to produce the evidence requested by court or non-presentations of such proofs without valid excuse, the court applies to the corresponding person of measure of procedural coercion, provided by this Code.
9. In case of non-presentation by the participant of case of the proofs requested by court without valid excuse or without message of the reasons the court, depending on what person evades from their representation and what these proofs matter can recognize circumstance for which clarification the proof is requested, or to refuse its recognition, or to consider case on the proofs which are available in it, and in case of non-presentation of such proofs by the claimant also to leave the action for declaration without consideration.
Article 82. Survey of proofs in the place of their stay
1. Written, physical and electronic proofs which it is impossible to bring to court are inspected in the place of their stay.
2. About date, time and the place of survey of proofs on their location participants of case are informed. Absence of these persons is not obstacle for carrying out survey.
3. In case of need, including according to the petition of the participant of case, witnesses, translators, experts, specialists can be attracted to participation in survey of proofs in the place of their stay, and also are performed photography, zvuko-and video.
4. About survey of proofs in the place of their stay the protocol signed by all persons who are taking part in survey is constituted. All plans constituted or compared in case of survey on site, drawings, copies of documents, and also pictures made during survey, electronic copies of proofs, videos, etc. are attached to the protocol together with the inventory.
5. If inspection is performed in the absence of at least by one of the parties, and also in other cases when the court recognizes it necessary, survey video fixing is performed by technical means.
6. Persons participating in survey of proofs in the place of their stay have the right to draw the attention of court to this or that circumstance which, in their opinion, matters for full carrying out survey, establishment of circumstances which matter for consideration of the case, to do the notes concerning the protocol of survey.
7. According to the procedure, provided by this Article, the court according to the statement of the participant of case or on own initiative can inspect the website (page), other storage locations of data on the Internet for the purpose of establishment and fixation of their content. In case of need the court can involve the specialist to carrying out such survey.
8. The court can appoint examination for establishment and fixation of contents of the website (page), other storage locations of data on the Internet under condition if it requires special knowledge and cannot be performed by court independently or with involvement of the specialist.
Article 83. Survey of physical evidences which quickly spoil
1. The physical evidences which are exposed to bystry spoil are immediately inspected by court with the notice on the appointed survey of participants of case. Absence of these persons does not interfere with survey of physical evidences.
2. In case of need, including according to the petition of the participant of case witnesses, translators, experts, specialists are attracted to participation in survey of physical evidences which quickly spoil могутбыть, and also photography and video are performed.
3. Survey of physical evidences which quickly spoil on their location is performed according to the procedure, stipulated in Clause 82 of this Code, taking into account the features determined by this Article.
4. After survey these physical evidences return to persons from whom they were received.
Article 84. Court orders on collection of proofs
1. The court which considers case or the statement for providing proofs in case of need for collection of proofs outside its territorial jurisdiction can charge to the relevant court to make certain legal proceedings.
2. In determination about the court order the case in point essence is briefly stated, persons who take in it part, the circumstances which are subject to examination, proofs which the court performing the order, in particular, the list of the questions raised by participants of case and court to the witness shall collect are specified.
Article 85. Execution of court orders on collection of proofs
1. Determination about judicial the order is instantly performed by court to which it is addressed, by rules of this Code which establish procedure for making of the corresponding legal proceedings.
2. About execution or about impossibility of performance for the objective reasons of the court order determination which with protocols on making of legal proceedings and all materials collected in pursuance of the court order instantly is taken to court, considering case is taken out.
3. In case of need execution of court orders on collection of proofs is performed in judicial session in the procedure established by this Code. Participants of case are informed on date, time and the place of making of legal proceeding by the court performing the order, however their absence is not obstacle for execution of the order.
Article 86. Assessment of proofs
1. The court estimates proofs on the internal belief based on comprehensive, complete, objective and direct investigation available in proofs.
2. No proofs have predefined force for court. The court estimates relevancy, admissibility, reliability of each proof separately, and also sufficiency and interconnection of proofs at their sets.
3. The court gives assessment to the proofs collected on case as in general, and to each proof (group of the same proofs) which is in case motivates variation or accounting of each proof (group of proofs).
§2. Testimonies of witnesses
Article 87. Testimonies of the witness
1. Testimonies of the witness is message on the circumstances known to it important for case. Are not proofs of the testimony of the witness who cannot call source of the awareness of rather certain circumstance, or are based on messages of other persons.
2. Based on testimonies of witnesses circumstances (facts) which according to the legislation or business customs are reflected cannot be established (are considered) in the relevant documents. Other circumstances which cannot be established based on testimonies of witnesses can be determined by the law.
3. The parties, the third parties and their representatives from their consent, including on own initiative if other is not established by this Code, can be interrogated as witnesses about the circumstances known for it important for case.
4. Testimonies of the witness which are based on messages of other persons are not taken court into account.
Article 88. Statement of the witness
1. Testimonies of the witness are stated by it in writing in the application of the witness.
2. The name (surname, name and middle name), the residence (stay) and place of employment of the witness, the postal index, registration number of accounting card of the taxpayer of the witness in case of its availability are specified in the statement of the witness or number and series of the passport, number of means of communication and the e-mail address (in the presence), circumstances of which the witness knows, sources of awareness of the witness concerning these circumstances, and also and about readiness to be on it I will subpoena confirmation of the witness about acquaintance with contents of the law on criminal liability for perjury for confirmation of the indications.
3. The signature of the witness on the statement is certified by the notary. Notarial signature witnessing of the parties, the third parties, their representatives who agreed to their interrogation as witnesses is not required.
4. The statement of the witness shall be filed a lawsuit in time, established for production of evidence.
Article 89. Challenge of the witness
1. The witness is called by court for interrogation at the initiative of court or according to the petition of the participant of case if the circumstances stated by the witness in the application contradict other proofs or raise at court doubts concerning their content, reliability or completeness.
2. The court has the right to oblige the participant of case who submitted the application of the witness, to provide appearance of the witness in court or its participation in judicial session in the video conference mode. If the witness without valid excuse was not in judicial session or did not take part in judicial session in the video conference mode, the court does not take its indication into account.
3. In determination about challenge of the witness the court warns the witness about criminal liability for obviously false evidences.
Article 90. Written poll of participants of case in quality of witnesses
1. The participant of case has the right to deliver in the first statement on the merits of the case or in appendix to it no more than ten questions to other participant of case on the circumstances important for case.
2. The participant of case to whom the question is asked by other participant of case shall provide irrefragable answer separately on each matter of substance. On question of the participant of case who is legal entity, answers his head or other official according to its order gives.
3. Answers to questions are filed a lawsuit by the participant of case - physical person, the head or other official of the legal entity in the application form of the witness not later than five days prior to preparatory meeting, and in the case considered according to the procedure of the simplified production - in five days prior to the first judicial session.
The copy of such statement of the witness goes to the same time to the participant of case who raised written questions.
4. If the question posed is connected with provision of the proofs confirming the corresponding circumstances, the participant of case together with the statement of the witness provides such proofs.
5. The participant of case has the right to refuse provision of the answer to the questions posed:
1) on the bases determined by Articles 67, of the 68th of this Code;
2) if the asked question does not concern the circumstances important for case;
3) if the participant of case raises more than ten questions.
6. In the presence of the bases for refusal of the answer the participant of case shall notify on refusal of other participant and court for provision of the answer to question in time. The court according to the petition of other participant of case can recognize the bases for refusal absent and oblige the participant of case to provide the answer.
§3. Written proofs
Article 91. Written proofs
1. Written proofs are documents (except electronic documents) which contain data on the circumstances important for the correct dispute resolution.
2. Written proofs are produced in the original or in properly verified copy if other is not provided by this Code. If for the dispute resolution only part of the document matters, the certified extract from it is submitted.
3. Participants of case have the right to submit written proofs in the electronic copies certified by the digital signature equated to the sign manual according to the law. The electronic copy of the written proof is not considered the electronic proof.
4. Copies of documents are considered certified properly if they are attested according to the procedure, established by the current legislation.
5. The participant of case who submits written proofs in copies (in electronic copies) shall specify about availability at it or other person of the original of the written proof.
The participant of case confirms compliance of the copy of the written proof to the original which is at it, the signature with indication of date of such assurance.
6. If the copy (the electronic copy) of the written proof, court according to the petition of the participant of case is submitted or on own initiative can request the original of the written proof at the interested person.
If the original of the written proof is not submitted, and the participant of case or court calls into question compliance to the provided copy (the electronic copy) to the original, such proof is not taken court into account.
7. The documents received by means of facsimile or other similar means of communication, are taken cognizance by court as written proofs in cases and according to the procedure which are established by the law or the agreement.
8. The foreign official document which is subject to diplomatic or consular legalization can be the written proof if it is legalized in accordance with the established procedure. Foreign official documents are recognized written proofs without their legalization the cases provided by international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine.
Article 92. Storage and return of originals of written proofs
1. Originals of written proofs are stored in court in case papers.
2. According to the statement of person which provided to court the original of the written proof the court returns the original of the proof to this person after its research if it is possible without harm for consideration of the case, or after the introduction of the judgment in legal force. In case papers there is copy of the written proof certified by the judge or the statement from it.
§4. Physical evidences
Article 93. Physical evidences
1. Physical evidences are objects of material world which the existence, the qualities, properties, the location, other signs allow to establish the circumstances important for case.
Article 94. Storage of physical evidences
1. Physical evidences before entry of decision into legal force are stored in case papers or according to the separate inventory are given in left-luggage office of physical evidences of court.
2. Physical evidences which cannot be brought to court are stored on their location. Physical evidences shall be in detail described in the protocol of survey and, if necessary and opportunities, their essential features are photographed or fixed in video, or other similar method then they are subject to sealing. Protocols of survey and the image of the physical evidence join case papers.
3. The court takes measures for ensuring safety of physical evidences in steady-state condition.
Article 95. Return of physical evidences
1. After survey and research of physical evidences they return to persons from whom they were received if such persons declared it the petition and if its satisfaction possible without prejudice to consideration of the case.
2. The physical evidences which are objects which are withdrawn from civil circulation or restrictedly are transferable, are transferred to the corresponding persons who according to the law have the right to own them. According to the petition of the public expert institutions such physical evidences can be transferred to them for use in expert and scientific work according to the procedure, established by the Cabinet of Ministers of Ukraine.
3. Physical evidences return to persons from whom they were received, or are transferred to persons behind whom the court recognized the right to these things after the introduction of the judgment in legal force.
§5. Electronic proofs
Article 96. Electronic proofs
1. Electronic proofs is information in electronic (digital) form which contains data on the circumstances important for case, in particular, electronic documents (including textual records, graphical representations, plans, photos, video and sound recordings, etc.), websites (pages), text, multimedia and voice messages, metadata, databases and other data electronically. Such data can be stored, in particular on portable devices (memory cards, mobile phones, etc.), servers, systems of backup, other storage locations of data electronically (including in the Internet).
2. The electronic evidence is produced in the original or in the electronic copy certified by the digital signature equated to the sign manual according to the Law of Ukraine "About the digital signature". Other procedure for assurance of the electronic copy of the electronic proof can be provided by the law.
3. Participants of case have the right to submit electronic proofs in the paper copies certified according to the procedure, provided by the law. The paper copy of the electronic proof is not considered the written proof.
4. The participant of case who submits the copy of the electronic proof shall specify about availability at it or other person of the original of the electronic proof.
5. If the copy (paper copy) of the electronic proof, court according to the petition of the participant of case is submitted or on own initiative can request the original of the electronic proof at the interested person. If the original of the electronic proof is not submitted, and the participant of case or court calls into question compliance to the provided copy (paper copy) to the original, such proof is not taken court into account.
Article 97. Storage and return of originals of electronic proofs
1. Originals or copies of electronic proofs are stored in court in case papers.
2. According to the petition of person which provided to court the original of the electronic proof on the material carrier the court returns such material carrier on which the original of the proof, to this person after the research of the specified electronic proof contains if it is possible without harm for consideration of the case, or after the introduction of the judgment in legal force. In case papers there is copy of the electronic proof certified by the judge or the statement from it.
§6. Expert opinion
Article 98. Requirements to the expert opinion
1. The expert opinion is the detailed description of the researches conducted by the expert, the conclusions and reasonable answers to the questions raised to the expert drawn as a result of them constituted according to the procedure, determined by the legislation.
2. The research of the circumstances entering subject of proof and which establishment requires the special knowledge which is available for the expert can be subject of the expert opinion.
Points of law cannot be subject of the expert opinion.
3. The expert opinion can be provided by request of the participant of case or based on the court order about purpose of examination.
4. The expert opinion is stated in writing and filed.
5. The court has the right according to the statement of participants of case or on own initiative to call the expert for making oral explanations in his opinion.
6. In the expert opinion it shall be specified:
when, where, whom (surname, name, middle name, education, specialty, and also, in the presence, the certificate on assignment of qualification of the court expert, years of service of expert work, scientific degree, academic status, the expert's position) on what basis expertize who was present when conducting examination, questions which were raised to the expert what materials the expert used was carried out. Other requirements to the expert opinion can be established by the legislation.
7. In the expert opinion it shall be specified that he is warned it (is informed) on responsibility for obviously false conclusion, and in case of purpose of examination by court, also on responsibility for refusal without valid excuse of execution of the obligations assigned to it.
8. If the expert by preparation of the conclusion establishes the circumstances important for case concerning which to it questions were not raised, he has the right to include in the conclusion the reasons about these circumstances.
Article 99. Purpose of examination by court
1. The court according to the petition of the participant of case or on own initiative appoints examination in case on set of such conditions:
1) special knowledge in the field of other, than the right without which it is impossible to establish the corresponding circumstances is necessary for clarification of the circumstances important for case;
2) any party does not provide the expert opinion on the same questions or the conclusions of experts provided by the parties raise reasonable doubts concerning their correctness, or according to the petition of the participant of case motivated with impossibility to submit the expert opinion within the terms established for production of evidence for the reasons recognized by court valid, in particular because of impossibility of receipt of materials, necessary for conducting examination.
2. In case of need the court can appoint several examinations, additional or repeated examination.
3. In case of purpose of examination by court the expert or expert organization is elected the parties by mutual consent and if such consent is not reached in the time established by court, the expert or expert organization is determined by court. Taking into account the facts of the case the court has the right to determine the expert or expert organization independently. In case of need several experts for preparation of one conclusion (commission or complex examination) can be appointed.
4. Questions on which expertize which is appointed by court shall be carried out are determined by court.
5. Participants of case have the right to offer court questions which explanation, in their opinion, requires the expert opinion. In case of variation or change of the questions offered by participants of case, the court shall motivate such variation or change.
6. Questions which are put to the expert and its conclusion on them cannot go beyond special knowledge of the expert.
7. The expert appointed by court instantly shall notify court on impossibility of conducting examination by it because of absence at it necessary knowledge or without involvement of other experts.
Article 100. Determination about purpose of examination
1. About purpose of examination the court takes out determination in which specifies the bases of conducting examination, questions on which the expert shall provide to court the conclusion, person (persons) to which conducting examination, the list of the materials provided for research and other data important for conducting examination is entrusted.
2. If the court charges conducting examination to several experts or expert organizations, the court in the resolution appoints the leading expert or expert organization.
3. Determination about purpose of examination goes to the persons to whom conducting examination, and to participants of case is entrusted. The objects and materials which are subject to research go to the person to whom conducting examination (the leading expert or expert organization) is entrusted.
4. In case of need the court can hear the expert in the formulation of the question requiring examination and in its petition to make the corresponding explanations on the questions posed. The court notifies participants of case on making of the specified actions, however their absence does not interfere with making of these actions.
5. In determination about purpose of examination the court warns the expert about criminal liability for obviously false conclusion and for refusal without valid excuse of execution of the obligations assigned to it.
6. In case of doubt concerning content and amount of the order the expert appointed by court instantly submits to court the petition for its refining or notifies court on impossibility of conducting examination by it on the questions posed.
Article 101. Conducting examination by request of participants of case
1. The participant of case has the right to file a lawsuit the expert opinion constituted by its order.
2. The procedure for conducting examination and creation of expert opinions by results of the carried-out expertize is determined according to the current legislation of Ukraine about conducting judicial examinations.
3. The expert opinion constituted by results of examination during which object of examination which is the proof on case was fully or partially destroyed or its properties are changed, does not replace the proof and is not the basis for release from proof obligation.
4. The expert opinion constituted by results of examination during which object of examination was fully or partially destroyed or its properties are changed, by court it is not taken cognizance, except cases when person who gives it proves possibility of conducting additional and repeated examination on the questions researched in the expert opinion.
5. In the expert opinion it is noted that the conclusion is prepared for submission to court and the expert is informed on criminal liability for obviously false conclusion.
6. The expert who constituted the conclusion according to the address of the participant of case has the same rights and obligations, as the expert performing examination based on determination of court.
7. According to the statement of the participant of case on availability of the bases for removal of the expert which prepared the conclusion by request of the other person such conclusion is not taken cognizance by court if the court recognizes availability of such bases.
Article 102. Collection of materials for conducting examination
1. The materials necessary for conducting examination, the expert is provided by court if examination is appointed by court, or the participant of case if expertize is carried out by its order. In case of purpose of examination the court taking into account opinion of participants of case determines what materials are necessary for conducting examination. The court can also hear the experts in this question appointed by court. Copies of the materials provided to the expert can remain in case papers.
2. The expert has no right on own initiative to collect materials for conducting examination, to disclose data which became known to it in connection with conducting examination, or to report someone, except court and the participant of case by request of which expertize, about its results was carried out. The expert appointed by court has no right to communicate with participants of process out of judicial session.
3. In case of determination of the materials provided to the expert or expert organization, the court in necessary cases resolves issue of reclamation of the corresponding materials by the rules provided by this Code for reclamation of proofs.
4. In case of evasion of the participant of case from representation to court on its requirement of materials, documents, necessary for conducting examination, or from other participation in examination that interferes with its carrying out, court depending on what person evades and also what this examination matters, can recognize established circumstance for which clarification examination was appointed, or to refuse its recognition.
5. In case of cancellation by court of the resolution on purpose of examination the expert appointed by court shall return without delay to court materials and other documents which were used for conducting examination.
Article 103. Conducting examination
1. Expertize is carried out in judicial session or out of court if it is required in connection with nature of researches or if it is impossible to bring object of researches to court or if expertize is carried out by request of the participant of case.
2. If the court appointed conducting examination to expert organization, the head of such organization charges conducting examination to one or several experts. These experts provide the conclusion on its own behalf and bear for it the personal liability.
3. The expert shall provide preserving object of examination.
4. If the expert research is connected with complete or partial destruction of object of examination or change of its properties:
1) the expert appointed by court shall get the corresponding leave of court which is drawn up by determination for its carrying out;
2) the expert involved with the participant of case shall inform the corresponding participant of case on the effects of carrying out expert research provided by this Code and get the written permission for its carrying out at such participant.
Article 104. Expert opinion assessment by court
1. The expert opinion for court has no predefined force and is estimated by court along with other proofs by rules, stipulated in Clause to the 86th this Code. The variation shall be motivated with court of the expert opinion in the judgment.
Article 105. Commission examination
1. Commission expertize is carried out by at least than two experts of one direction of knowledge.
2. If by results of the conducted researches of opinion of experts match, they sign the single conclusion. The expert not concordant with the conclusion of other expert (experts) draws the separate conclusion on all questions or on questions which were raised by disagreements.
Article 106. Complex examination
1. Complex expertize is carried out by at least than two experts of different industries of knowledge or the different directions within one knowledge domain.
2. In the expert opinion it is specified what researches and in what amount each expert what facts it determined carried out and to what conclusions came. Each expert signs that part of the conclusion which contains the description of the researches conducted by it, and bears for it responsibility.
3. By results of the conducted researches, generalization and assessment of the received results by experts constitute and signed the single conclusion in which general conclusion of the question (questions) which is rather raised on permission of examination is formulated. In case of disagreements between experts conclusions are drawn up according to part two of article 105 of this Code.
Article 107. Additional or repeated examination
1. If the expert opinion is incomplete or not clear, according to the petition of the participant of case or on own initiative the court can appoint additional examination which is entrusted to the same or other expert (experts).
2. In the presence of doubts in correctness of the expert opinion (groundlessness, contradiction with other case papers, etc.) according to the petition of the participant of case or on own initiative the court can appoint repeated examination, having charged its carrying out to other experts.
§7. The expert opinion in the field of the right
Article 108. Contents of the expert opinion in the field of the right
1. Participants of case have the right to file a lawsuit the expert opinion in the field of the right in the relation:
1) applications of analogy of the law, analogy of the right;
2) contents of regulations of foreign law according to their official or commonly accepted interpretation, practice of application, the doctrine in the corresponding foreign state.
2. The expert opinion in the field of the right does not may contain assessment of proofs, instructions about reliability or unauthenticity of this or that proof, about benefits of one proofs over others, about what decision shall be made by results of consideration of the case.
Article 109. Expert opinion assessment in the field of the right court
1. The expert opinion in branch of law is not the proof, has consultative (advisory) nature and is not obligatory for court.
2. The court can refer in the decision to the expert opinion in the field of the right as on source of data which contain in it and shall draw independent conclusions of rather appropriate questions.
§8. Providing proofs
Article 110. Bases and procedure for providing proofs
1. The court according to the statement of the participant of case or person who can acquire the status of the claimant shall provide proofs if there are bases to assume that the evidentiary fact can be lost either collection or submission of the corresponding proofs will become afterwards impossible or complicated.
2. Methods of providing proofs with court are interrogation of witnesses, purpose of examination, reclamation and (or) survey of proofs, including on their location, will lock to make certain actions concerning proofs and the obligation to make certain actions concerning proofs. In necessary cases other methods of providing proofs determined by court can be applied by court.
3. The statement for providing proofs can be filed a lawsuit both to, and after submission of the action for declaration.
4. Providing proofs before submission of the action for declaration is performed by Trial Court on the location of evidentiary fact or in the place where the corresponding legal proceeding shall be made. Providing proofs after submission of the action for declaration is performed by court which considers case.
5. In case of submission of the statement for providing proofs before submission of the action for declaration the applicant shall submit the action for declaration within ten days from the date of removal of determination about providing proofs. In case of not submission of the action for declaration in the specified time, return of the action for declaration or refusal in production opening the court cancels determination about taking measures of providing proofs no later than the next day after the expiration of such term or removal of determination by court about return of the action for declaration or refusal in production opening.
If determination about providing proofs at the time of its cancellation was performed fully or partially - the evidence obtained by court (testimonies of witnesses, expert opinions and so forth) cannot be used in another matter.
6. Person who submitted the application for providing proofs shall compensate legal costs, and also the losses caused in connection with providing proofs, in case of not submission of the action for declaration in time, specified in part five of this Article, and also in case of refusal in the claim.
Article 111. Statement for providing proofs
1. Are specified in the statement for providing proofs:
1) the name of court to which the application is submitted;
2) full name (for legal entities) or name (surname, name and middle name) (for physical persons) the applicant, its location (for legal entities) either the residence or stay (for physical persons), postal indexes, identification code of the legal entity in the Unified state register of the companies and organizations of Ukraine, registration number of accounting card of the taxpayer (for physical persons) in case of its availability or number and series of the passport for physical persons - citizens of Ukraine, number of means of communication and the e-mail address, in the presence;
3) full name (for legal entities) or name (surname, name and middle name) (for physical persons) other party (parties) if it is known to the applicant and also if data which identify it are known: its location (for legal entities) either the residence or stay (for physical persons), postal indexes, identification code of the legal entity in the Unified state register of the companies and organizations of Ukraine, registration number of accounting card of the taxpayer (for physical persons) in case of its availability or number and series of the passport for physical persons - citizens of Ukraine, the known numbers of means of communication and the e-mail address;
4) proofs which providing is necessary and also circumstances for which proof they are necessary;
5) reasons for need of providing proofs;
6) method with which the applicant asks court to provide proofs, in case of need - person who has proofs;
7) the list of the documents enclosed to the application.
2. The application is signed by the applicant or his representative. The document confirming its powers shall be attached to the application which is submitted by the applicant's representative.
3. Court fee in the amount of, established by the law is paid for filing of application about providing proofs. The document confirming payment of court fee is enclosed to the application.
4. Court, having determined that the application for providing proofs is submitted without observance of requirements of this Article, returns it to the applicant about what takes out determination.
Article 112. Consideration of the application about providing proofs
1. The application for providing proofs is considered in judicial session in the general procedure provided by this Code with the features established by this Article.
2. The application is considered no later than five days from the date of its receipt in court.
3. The applicant and other persons who can receive case participants status are notified on date, time and the place of judicial session, however their absence does not interfere with consideration of the submitted application.
4. The court according to the petition of the applicant can provide proofs without notice other persons who can receive case participants status:
1) in urgent cases;
2) if cannot be established who is or will become such persons;
If the notification of other party can make 3) impossible or it is essential to complicate receipt of the corresponding proofs.
5. By results of consideration of the application about providing proofs the court takes out determination about satisfaction or refusal in allowance of the application.
6. In case of allowance of the application the court in the resolution specifies proofs, and also actions which need to be made for its providing.
7. Appeal of the resolution on providing proofs does not stop its execution, and also does not interfere with consideration of the case.
8. Court, resolving issue of providing proofs, can oblige the applicant to provide providing indemnification which can be caused in connection with providing proofs. Such providing indemnification is performed by the rules of counter providing established by Chapter 10 of this Code. The losses caused by providing proofs are compensated according to the procedure, determined by the law taking into account provisions of article 146 of this Code.
9. If after making of legal proceedings on providing proofs the action for declaration is submitted to other court, protocols and other materials on providing proofs are taken to court which considers case.
10. Determination about providing proofs (except providing proofs by interrogation of witnesses, purpose of examination, survey of proofs) is the executive document and is performed immediately according to the procedure, established for execution of judgments.
Chapter 6. Procedural terms
Article 113. Types of procedural terms
1. Terms within which legal proceedings are made are established by the law and if such terms are not determined by the law, are established by court.
Article 114. Rationality of procedural terms
1. The court shall establish reasonable times for making of legal proceedings.
2. Term is reasonable if it provides time, sufficient, taking into account the facts of the case, for making of legal proceeding, and answers tasks of economic legal proceedings.
Article 115. Calculation of procedural terms
1. The terms established by the law or court are estimated for years, months and days, and also can be determined by specifying on event which shall come inevitably.
Article 116. Beginning and termination of procedural terms
1. The current of procedural term begins from the next day after the corresponding calendar date or approach of event with which its beginning is connected.
2. The term estimated for years expires in the corresponding month and number of the last year of term.
3. The term estimated for months expires in the corresponding number of the last month of term. If the termination of the term estimated for months falls on such month which has no corresponding number, term expires in the last day of this month.
4. If the termination of term falls on output, festive or other non-working day, the first is after it the working day last afternoon of term.
5. Current of term which termination is connected with event which shall come inevitably, comes to an end next day after approach of event.
6. The last day of term lasts till 24 o'clock, but when in this time it was necessary to make legal proceeding only in court where working hours come to an end earlier, term comes to an end at the time of the end of this time.
7. Term is not considered passed if before its termination the statement, the claim, other documents or materials or money are handed over on mail or are transferred by other appropriate means of communication.
Article 117. Suspension of procedural terms
1. Suspension of proceeedings stops current of procedural terms.
2. From the date of production renewal the current of procedural terms proceeds.
Article 118. Effects of the omission of procedural terms
1. The right to making of legal proceedings is lost with the expiration of the term established by the law or appointed by court.
2. Statements, claims and documents filed after the termination of procedural terms are left without consideration, except the cases provided by this Code.
Article 119. Recovery and prolongation of procedural terms
1. The court according to the statement of the participant of case recovers the passed procedural term established by the law if recognizes the reasons of its omission valid, except cases when this Code establishes impossibility of such recovery.
2. The procedural term established by court can be extended by court according to the application of the participant of case submitted before the expiration of this term or at the initiative of court.
3. If other is not established by the law, the statement for recovery of the procedural term established by court is considered by court in which it is necessary to make legal proceeding concerning which term, and the statement for prolongation of the procedural term established by court - court which established term, without notice participants of case is passed.
4. Along with filing of application about recovery of procedural term legal proceeding (the application, the complaint, documents and so forth are made), concerning which term is passed shall be made.
5. The omission of the term established by the law or court to the participant of case for production of evidence, other materials or making of certain actions does not exempt such participant from obligation to make the corresponding legal proceeding.
6. About recovery or prolongation of procedural term the court takes out determination.
7. About refusal in recovery or prolongation of procedural term the court takes out determination which no later than the next day from the date of its removal goes to the person who filed the corresponding petition.
8. Determination about refusal in recovery or prolongation of procedural term can be appealed according to the procedure, established by this Code.
Chapter 7. Judicial challenges and notices
Article 120. The notices and challenges performed by court
1. The court calls participants of case in judicial session or for participation in making of legal proceeding if recognizes their appearance obligatory.
2. The court notifies participants of case on date, time and the place of judicial session or making of the corresponding legal proceeding if their appearance is not obligatory.
3. Challenges and notifications are performed by determination delivery according to the procedure, provided by this Code for delivery of judgments.
4. Determination of economic court about date, time and the place of judicial session or making of the corresponding legal proceeding shall be handed beforehand so that persons who are called had enough time, but at least than five days, for appearance in court and preparation for participation in legal proceedings of case or making of the corresponding legal proceeding.
This term can be reduced by court in case it is required by urgency of making of the corresponding legal proceeding (survey of proofs which quickly spoil impossibility of protection of the rights of person in case of delay, etc.).
5. Delivery of determination about challenge of the witness or expert to the participant of case who submitted the application of the witness or the expert opinion, notifications of such participant on date, time and the place of judicial session in which the witness is called the expert, is considered proper challenge, the notification of such witness, expert.
6. The court causes or informs the expert, the translator, the specialist, in the cases of urgent need provided by this Code - also participants of case by the telephone message, the telegram, means of fax connection, e-mail or the message via other means of communication (including mobile) which provide fixing of the message or challenge.
7. Participants of legal procedure shall inform court on change of the location or residence during consideration of the case.
In case of lack of the statement for change of the residence the resolution on the notice or challenge goes to participants of legal procedure who have no official e-mail address, and in the absence of opportunity to inform them by means of other means of communication which provide fixing of the message or challenge on the last known court to the address and it is considered handed even if the corresponding participant of legal procedure to this address is not any more or does not live.
8. If the participant of legal procedure reports to court phone numbers and faxes, the e-mail address or other similar information, he shall inform court on their change during consideration of the case.
Provisions of part seven of this Article are applied also in case of lack of the statement for change of phone numbers and faxes, e-mail addresses which the participant of process reported to court.
9. In the presence of the corresponding written application of the participant of case and technical capability, the notification on purpose of case to consideration and about date, time and the venue of judicial session or carrying out the corresponding legal proceeding can be performed by court with use of means of mobile communication which provide fixing of the message or challenge, by the direction to such participant of case of text messages with indication of the web address of the relevant resolution in the Unified state register of judgments, according to the procedure, determined by Regulations on Single judicial information and telecommunication system.
Article 121. Content of determination about the notice or challenge
1. Determination which the court calls participants of case in judicial session or for participation in making of the corresponding legal proceeding shall contain:
1) name (surname, name, middle name) of physical person or the name of the legal entity to which determination is addressed;
2) name and address of court;
3) instruction of the place, day and time of appearance for challenge;
4) the name and file number on which the challenge becomes;
5) specifying as whom person is called;
6) specifying whether person in preparatory meeting, in judicial session or for participation in making of certain legal proceedings is called (with their specifying);
7) explanation about absence effects depending on the procedural status of the called person, and about obligation to notify court on the absence reasons.
2. Determination which the court informs on purpose of judicial session or making of other legal proceeding shall contain the name and the address of court, the name of case, specifying of the procedural status of person who is informed, specifying about what action will be made, date, time and the place of its making, and also that participation in its making for this person is not obligatory.
3. If together with determination about challenge or the notice copies of the relevant documents go, in the resolution it shall be specified what documents go and on its right to give objection and the corresponding proofs on their confirmation.
Article 122. Official promulgation of announcements in cases
1. On cases on indemnification, caused to the legal entity by his official, and about recognition of trademark (sign for goods and services) well-known are subject to promulgation by court on the official web portal of judicial authority of Ukraine the resolution on opening of proceeedings and adjournment of consideration of the case or the announcement of break in meeting.
2. Determination about opening of production in the cases specified in part one of this Article shall be promulgated within two days from the date of its removal, but not later than twenty calendar days about day of holding preparatory meeting.
Information on the announcement of break in meeting will be promulgated within two days from the date of such announcement, but not later than five days before the following judicial session.
3. Determination (or its web address in the Unified state register of judgments) or information, specified in part one of this Article, on the official web portal of judicial authority of Ukraine take place on the single web page where are specified date of promulgation, file number, the name and the address of court, the claim price, the name (name) of the claimant, its location and identification code, the name (name) of other participants of case.
4. The defendant, the third party, the witness registered the residence (stay), the location or place of employment of which is unknown, is subpoenaed through the announcement on the official website of judicial authority of Ukraine which shall be placed not later than ten days before date of the corresponding judicial session. With publication of the announcement about challenge the defendant is considered notified on date, time and the place of consideration of the case.
In the announcement of challenge the data specified in part one of Article of 121 of this Code are specified.
5. The procedure for the publication of announcements on the web portal of judicial authority of Ukraine is determined by Regulations on Single judicial information and telecommunication system.
Chapter 8. Court costs
Article 123. Types of court costs
1. Court costs consist of the court fee and expenses connected with consideration of the case.
2. The amount of court fee, procedure for its payment, return and exemption are established by the law.
3. Expenses belong to the expenses connected with consideration of the case:
1) on professional legal aid;
2) connected with involvement of witnesses, specialists, translators, experts and conducting examination;
3) connected with reclamation of proofs, carrying out survey of proofs on their location, providing proofs;
4) connected with making of other legal proceedings necessary for consideration of the case or preparation for its consideration.
Article 124. Preliminary determination of the amount of court costs
1. Together with the first statement on the substance of dispute each party files a lawsuit preliminary (approximate) calculation of the amount of court expenses which she incurred and which expects to incur in connection with consideration of the case.
2. In case of non-presentation of predesign of the amount of court costs by the party, the court can refuse to it compensation of the corresponding court costs, except for the amounts of the court fee paid by it.
3. Predesign of the size of court costs does not limit the party in finishing other actual amount of court costs which are subject to distribution between the parties by results of consideration of the case.
4. The court can determine previously the amount of the court costs (except expenses on professional legal aid) connected with consideration of the case or certain legal proceeding. Such amount which is previously determined by court does not limit court in case of final determination of the amount of court costs which are subject to distribution between the parties by results of consideration of the case.
Article 125. Providing and advance payment of court costs
1. The court can oblige the parties to bring into the deposit account of court previously certain amount of the court costs connected with consideration of the case or certain legal proceeding about what takes out determination (providing court costs).
2. The court can oblige the participant of case who declared the petition for challenge of the witness, purpose of examination, involvement of the specialist, the translator, providing, reclamation or survey of proofs on their location, previously (in advance) to pay the expenses connected with the corresponding legal proceeding.
If the petition was declared by several participants of case, the necessary sum of money in advance in equal shares is paid by the corresponding participants of case, and in cases when the corresponding legal proceeding is performed at the initiative of court, the party in equal shares.
3. In case of not entering into the term of means established by court for providing court costs or failure to pay in the time of the corresponding amounts determined by court in advance the court has the right to reject the petition for challenge of the witness, purpose of examination, involvement of the specialist, the translator, providing, reclamation or survey of proofs and to make the decision based on other evidence produced by participants of case or to cancel earlier taken out determination about challenge of the witness, purpose of examination, involvement of the specialist, translator, providing, reclamation of proofs or survey of proofs in the place of their stay.
4. As measure of providing court costs the court taking into account the specific facts of the case has the right, according to the petition of the defendant to oblige the claimant to grant into the deposit account of court sum of money for ensuring possible compensation of the forthcoming expenses of the defendant on professional legal aid and other expenses which the defendant in connection with consideration of the case (providing expenses on professional legal aid) shall incur.
Such providing court costs is applied if:
1) the claim has signs obviously unreasonable or other signs of abuse of right of action; or
2) the claimant does not take the residence (stay) or the location registered in the procedure established by the law in the territory of Ukraine and the property which is in the territory of Ukraine in the amount of, sufficient for compensation of court costs of the defendant in case of refusal in the claim.
Such providing court costs can be also applied if proofs that the property status of the claimant or his action for property acquisition or other actions can complicate or make impossible execution of the judgment about compensation of court costs of the defendant in case of refusal in the claim are provided to court.
5. The amount of providing expenses on professional legal aid is determined by court taking into account instructions of part four of Article 126, of part five of Article 127 and part five of article 129 of this Code, and also their documentary reasons.
6. In case of not entering into the term of money established by court for providing expenses on professional legal aid the court according to the petition of the defendant has the right to leave the claim without consideration.
7. In case of satisfaction of the claim the court makes the decision on return of deposited amount to the claimant, and in case of refusal in the claim, cessation of production or leaving of the claim without consideration - on compensation for the account of the defendant of expenses fully or partially according to the procedure provided by Articles 129, of the 130th of this Code. Unused part of the sum granted by the claimant returns to the claimant no later than five days from the date of the solution of the questions specified in this part about what the court takes out determination.
Article 126. Expenses on professional legal aid
1. The expenses connected with legal aid of the lawyer bear the parties, except cases of rendering legal aid at the expense of the state.
2. By results of consideration of the case expenses on professional legal aid of the lawyer are subject to distribution between the parties together with other legal costs.
For the purposes of distribution of court costs:
1) the size of costs for professional legal aid of the lawyer, including the lawyer's fee for representation in court and other professional legal aid connected with case including preparation for its consideration, collection of proofs, and also the cost of services of the paralegal assistant is determined in accordance with the terms of the agreement on provision of legal aid and based on the corresponding proofs concerning amount of the rendered services and the performed works and their cost which is paid or is subject to payment by the relevant party or the third party;
2) the size of the amount which is subject to payment according to the procedure of compensation for expenses of the lawyer, necessary for rendering legal aid is established in accordance with the terms of the agreement on provision of legal aid based on the corresponding proofs confirming implementation of the corresponding expenses.
3. For determination of the size of costs for professional legal aid for the purpose of distribution of court costs the participant of case submits the detailed description of works (the provided services) executed by the lawyer, and the expenses necessary for rendering legal aid made by it.
4. The size of expenses on fee of the lawyer shall be proportional with:
1) complexity of case and the works (the provided services) performed by the lawyer;
2) time spent by the lawyer for accomplishment of the corresponding works (rendering services);
3) in amount of the services rendered by the lawyer and the performed works;
4) at the price of the claim and (or) value of case for the party, including influence of the solution of case on reputation of the party or public interest in case.
5. In case of non-compliance with requirements of part four of this Article the court can reduce, according to the petition of other party, the size of expenses on professional legal aid of the lawyer which are subject to distribution between the parties.
6. The obligation of proof of disproportion of expenses is assigned to the party which declares the petition for reduction of expenses on payment of legal aid of the lawyer which are subject to distribution between the parties.
Article 127. The expenses connected with attraction (with challenge) witnesses, experts, specialists, translators, conducting examinations
1. The expenses connected with moving to other settlement and hiring of housing are refunded to the witness in connection with writ of summons and also compensation for the lost earnings or separation from regular occupations is paid.
Compensation for the lost earnings is calculated in proportion from the size of average monthly earnings, and compensation for separation from regular occupations - is pro rata from the size of minimum wage.
2. The expert, the specialist or the translator earn reward for the performed work connected with case if it does not belong to their service duties.
3. In cases when the expense amount on fee of the expert, the specialist, the translator or expenses of person which provided the proof upon the demand of court completely was not paid by participants of case previously or according to the procedure of providing court costs, the court collects these amounts of advantage of the specialist, the translator, the expert or expert organization from the party determined by court according to the rules about distribution of court costs established by this Code.
4. The size of expenses on preparation of the expert opinion by request of the party, conducting examination, involvement of the specialist, payment of work of the translator is established by court based on agreements, accounts and other proofs.
5. The size of expenses on payment for work of the expert involved with the party, the specialist, the translator shall be proportioned to complexity of the corresponding work, its amount and time spent by it on performance of works.
6. In case of non-compliance with requirements concerning proportionality of expenses the court can reduce, according to the petition of other party, the size of expenses on fee of the expert, the specialist, the translator who are subject to distribution between the parties.
7. The obligation of proof of disproportion of expenses is assigned to the party which declares the petition for reduction of expenses which are subject to distribution between the parties.
Article 128. The expenses connected with reclamation of proofs, carrying out survey of proofs on their location, providing proofs and making of other actions necessary for consideration of the case
1. Person which provided the proof upon the demand of court has the right to require payment of monetary compensation of the expenses connected with provision of such proof. The size of monetary compensation determines court based on the evidence of implementation of the corresponding expenses produced by such person.
2. The size of the expenses connected with carrying out survey of proofs on their location providing proofs and making of other actions connected with consideration of the case or preparation for its consideration is established by court based on agreements, accounts and other proofs.
3. In cases when the expense amount, the proofs connected with reclamation, carrying out survey of proofs on their location, providing proofs and making of other actions connected with consideration of the case or preparation for its consideration completely was not paid by participants of case previously or according to the procedure of providing court costs, the court collects these amounts from the party determined by court according to the rules about distribution of court costs established by this Code.
4. The extreme amount of compensation for expenses, the proofs connected with carrying out survey in the place of their stay and making of other actions necessary for consideration of the case, is established by the Cabinet of Ministers of Ukraine.
Article 129. Distribution of court costs
1. Court fee is assigned:
1) in the disputes arising in case of the conclusion, change and agreement cancelation - on the party which it is groundless evades from adoption of offers of other party, or on both parties if the court rejects part of offers of each of the parties;
2) in disputes which arise in case of agreement performance and on other bases - on the parties it is pro rata to the size of the satisfied claims.
2. Court fee from which payment the claimant is in accordance with the established procedure exempted is collected from the defendant in budget receipt in proportion to the size of the met requirements if the defendant is not exempted from payment of court fee.
3. If other is not provided by the law, in case of leaving of the claim without satisfaction, suit abatement or leaving without consideration of the claim of the claimant exempted from payment of court fee, the court fee paid by the defendant is compensated for the account of the state according to the procedure, established by the Cabinet of Ministers of Ukraine.
4. Other court costs connected with consideration of the case are assigned:
1) in case of satisfaction of the claim - on the defendant;
2) in case of refusal in the claim - on the claimant;
3) in case of partial satisfaction of the claim - on both parties it is pro rata to the size of the satisfied claims.
5. During the solution of question of distribution of court costs the court considers:
Whether 1) these expenses are connected with consideration of the case;
Whether 2) the size of such expenses reasonable and pro rata to matter in issue, taking into account the price of the claim, value of case for the parties is including whether the result of its decision to affect reputation of the party could or whether case attracted public interest;
3) behavior of the party during consideration of the case which led to prolongation of consideration of the case, in particular, submission by the party of obviously unfounded allegations and petitions, groundless approval or denial by the party of the certain circumstances important for case, unreasonable overestimate by the claimant of claims, etc.;
4) actions of the party of rather pre-judicial dispute decision and concerning dispute settlement peaceful manner during consideration of the case, stage of consideration of the case at which such actions were made.
6. If the amount of court costs declared to compensation significantly exceeds the amount declared in preliminary (approximate) calculation, the court can refuse to the party for benefit of which the decision is made, compensation of court costs regarding such exceeding, except cases if the party proves that it could not provide such expenses on time of representation of preliminary (approximate) calculation.
7. If the amount of the court costs declared to compensation and confirmed with the corresponding proofs is incommensurably below the amount declared in preliminary (approximate) calculation, the court can refuse to the party for benefit of which the decision is made, compensation of court costs (except court fee) fully or partially, except cases if such party proves reasonable excuses of reduction of this amount.
8. The size of court costs which the party paid or shall pay in connection with consideration of the case is established by court based on the evidence (agreements, accounts) produced by the parties. Such evidence is produced before the end of judicial debate on case or within five days after decision making of court provided that before the end of judicial debate on case the party made the corresponding statement on it.
In case of non-presentation of the corresponding proofs during fixed term such statement remains without consideration.
9. In case of abuse of the party or its representative of procedural law or if the dispute arose owing to the wrong actions of the party, the court has the right to assign to such party all court costs fully or partially irrespective of results of dispute decision.
10. If in dispute on indemnification, the caused to the legal entity by his official, court costs by rules of this Article be collected for benefit of the legal entity, then they are collected for benefit of owners (participants, shareholders) who submitted claim for the benefit of such legal entity, in that part in which they are suffered by these owners (participants, shareholders).
11. In case of partial satisfaction of the claim, in case of assignment of court costs on both parties it is pro rata to the size of the satisfied claims, the court can oblige the party to which the large sum of court costs is assigned, to pay difference to other party. In that case the parties are exempted from obligation to pay each other other part of court costs.
12. The court has the right to seize money or property of the party to which the judgment assigns the expenses connected with involvement of witnesses, specialists, translators, experts and conducting examination, reclamation of proofs, carrying out survey of proofs on their location, providing proofs; within the amounts sentenced to collection, according to the procedure, established by this Code for providing the claim.
13. Court costs of the third party who is not declaring independent requirements regarding dispute are collected in its advantage from the party determined according to requirements of this Article, depending on that had or supported such person the declared claims.
14. If the court of appeal, cassation instance, without submitting the cases on new trial, changes the decision or accepts new, the court respectively changes distribution of court costs.
Article 130. Expense allocation in case of recognition of the claim, closing of proceeedings or leaving of the claim without consideration
1. In case of the conclusion of the voluntary settlement before decision making on case by Trial Court of refusal of the claimant of the claim, recognition of the claim by the defendant prior to substantive prosecution by court in the corresponding determination or the decision according to the procedure established by the law resolves issue of return to the claimant from the budget of 50 percent of the court fee paid in case of submission of the claim.
2. In case of the conclusion of the voluntary settlement, abandonment of claim, recognition of the claim by the defendant at stage of review of the decision in appeal or cassation procedure, the court in the relevant resolution according to the procedure established by the law resolves issue of return to the complainant (applicant) from the government budget of 50 percent of the court fee paid to them when giving corresponding appeal or the writ of appeal.
3. In case of refusal the claimant from the claim the expenses incurred by it are not refunded by the defendant, and expenses of the defendant in its statement are levied from the claimant. However if the claimant does not support the requirements owing to satisfaction them with the defendant after sight of the claim, the court according to the plaintiff's declaration awards collection suffered by it in expenses from the defendant.
4. If the parties in case of the conclusion of the voluntary settlement did not provide procedure for distribution of court costs, each party litigant incurs half of court costs.
5. In case of closing of proceeedings or leaving of the claim without consideration the defendant has the right to declare requirements about compensation of the expenses performed by it connected with consideration of the case owing to frivolous actions of the claimant.
6. In the cases established by parts three - the fifth this Article, the court can resolve issue of distribution of court costs within fifteen days from the date of removal of determination of closing of proceeedings or leaving of the claim without consideration, the decision on satisfaction of the claim in connection with its recognition, on condition of observance of requirements of part eight of article 129 of this Code by the party.
Chapter 9. Measures of procedural coercion
Article 131. Bases and procedure for application of measures of procedural coercion
1. Measures of procedural coercion are the legal proceedings made by court in the cases determined by this Code for the purpose of compulsion of the corresponding persons to accomplishment of the rules identified in court, fair execution of procedural obligations, the termination of abuse of the rights and prevention of creation of illegal obstacles in legal proceedings implementation.
2. Measures of procedural coercion are applied by court by determination removal.
Article 132. Types of measures of procedural coercion
1. Measures of procedural coercion are:
1) prevention;
2) removal from courtroom;
3) temporary withdrawal of proofs for research court;
4) penalty.
2. Application to person of measures of procedural coercion does not exempt it from fulfillment of duties, established by this Code.
Article 133. Prevention and removal from courtroom
1. For violation of procedure during judicial session or failure to carry out of orders of the judge (chief judge) by them is applied to the participants of legal procedure and other persons which are present at judicial session the prevention, and in case of repeated making of the specified actions - removal from courtroom.
2. In case of repeated making of the actions specified in part one of this Article by the translator or the specialist the court announces break and provides time for its replacement.
Article 134. Temporary withdrawal of proofs for research court
1. In case of non-presentation of the written, physical or electronic proofs requested by court, without valid excuse or without message of the reasons, the court can take out determination about temporary withdrawal of these proofs by the state contractor for research by court.
2. In the resolution on temporary withdrawal of proofs for research are specified by court:
1) full name (for legal entities) or name (surname, name and middle name) (for physical persons) person who has proof, its location (for legal entities) either the residence or stay (for physical persons), postal indexes, identification code of the legal entity in the Unified state register of the companies and organizations of Ukraine, number of means of communication and the e-mail address, in the presence;
2) name or description of the written, physical or electronic proof;
3) bases of carrying out its temporary withdrawal;
4) who is entrusted with the withdrawal.
3. The resolution on temporary withdrawal of proofs for research court is the executive document which is subject to immediate execution and shall conform to requirements to executive documents, the established law.
Article 135. Penalty
1. The court can decide the decision on collection in the income of the government budget from the interested person of penalty in the amount from one to ten sizes subsistence minimum for able-bodied persons in cases:
1) failures to carry out of procedural obligations, in particular evasion from making of the actions assigned by court to the participant of process;
2) abuses of procedural law, making of actions or assumption of failure to act for the purpose of preventing to justice;
3) not messages to court about impossibility to produce the evidence requested by court or non-presentations of such proofs without valid excuse;
4) non-executions of determination about providing the claim or proofs, failure to provide the copy of response on the claim, appeal or the writ of appeal, the answer to response, objection to other participant of case in the time established by court;
5) violations of the prohibitions established by part ten of article 188 of this Code.
2. In case of repeated or systematic non-execution of procedural obligations, repeated or numerous abuse of procedural law, repeated or systematic non-presentation of the proofs requested by court without valid excuse or without their message, the continuing non-execution of determination on providing the claim or proofs the court, taking into account specific circumstances, collects in the income of the government budget from the corresponding participant of process or the corresponding other person penalty in the amount from five to fifty sizes of subsistence minimum for able-bodied persons.
3. In case of non-execution of procedural obligations, abuse of procedural law of the representative of the participant of case the court, taking into account the specific facts of the case can collect penalty as from the participant of case, and his representative.
4. The decision on recovery of penalty can be appealed in appeal procedure in last resort court. Appeal of such determination does not interfere with consideration of the case. The court order of appellate instance by results of review of the resolution on imposing of penalty is final and is not subject to appeal.
Determination of the Supreme Court about recovery of penalty is not subject to appeal.
5. The resolution on recovery of penalty is the executive document and shall conform to requirements to executive documents, the established law. Claimant according to such executive documents is the Public judicial administration of Ukraine.
6. The court can cancel the determination which is taken out by it about recovery of penalty if person concerning whom it is accepted corrected the allowed violation and (or) provided proofs of respectfulness of the reasons of failure to carry out of relevant requirements of court or the procedural obligations.
Chapter 10. Providing claim
Article 136. Bases for providing the claim
1. Put economic court according to the statement of the participant, has the right to accept stipulated in Article the 137th of this Code of measure of providing the claim.
2. Providing the claim is allowed both before presentation of the claim, and at any stage of consideration of the case if rejection of such measures can significantly complicate or make impossible execution of the judgment or effective protection or recovery of the violated or disputed rights or the interests of the claimant for which protection he addressed or intends to take a legal action.
Article 137. Measures of providing claim
1. The claim is provided:
1) property attachment and (or) the money which is belonging or subject to transfer or payment to the defendant and being at it or other persons;
2) prohibition to the defendant to make certain actions;
3) establishment of obligation to make certain actions;
4) prohibition to other persons to make the actions concerning matter in issue either to make payments or to transfer property to the defendant or to fulfill concerning it other obligations;
5) suspension of collection based on the executive document or other document according to which collection is performed in indisputable procedure;
6) suspension of sale of property if claim for recognition of the property right to this property or for its exception of the inventory and for removal of arrest from it is submitted;
7) transfer of the thing which is matter in issue on storage to other person which does not have interest as a result of the dispute resolution;
8) suspension of customs clearance of the goods or objects containing intellectual property items;
9) arrest of the ocean ship which is performed for providing the sea requirement;
10) other measures necessary for ensuring effective protection or recovery of the violated or disputed rights and the interests if such protection or recovery are not provided with the measures specified in Items 1-9 of this part.
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