of October 2, 2019 No. 142-IX
About modification of some legal acts of Ukraine concerning the case referral bases for consideration of Big Chamber of the Supreme Court and concerning case return terms
The Verkhovna Rada of Ukraine decides:
1. Make changes to such legal acts of Ukraine:
1) in the Economic Procedure Code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2017, No. 48, the Art. 436):
a) to add paragraph 3 of Chapter 1 of the Section IV with Article 285-1 of the following content:
"Article 285-1. Case return
1. After the end of appeal consideration case in fifteen-day time returns to Trial Court which considered it";
b) the sixth Article 302 to state part in the following edition:
"6. Case is subject to transfer for consideration of Big Chamber of the Supreme Court when the participant of case disputes the judgment on the bases of abuse of regulations of subject or subject jurisdiction, except cases if:
1) the participant of case who disputes the judgment was involved in consideration of the case in vessels of the first or appellate instance and did not declare abuse of regulations of subject or subject jurisdiction;
2) the participant of case who appealed the judgment did not prove violation by court of rules of subject or subject jurisdiction by availability of judgments of the Supreme Court as a part of board of judges (chamber, the joint chamber) other court of cassation on case with similar the basis and subject of action in similar legal relationship;
3) the Big Chamber of the Supreme Court already drew in the resolution the conclusion concerning subject or subject jurisdiction of dispute in similar legal relationship";
c) the sixth Article 303 to state part in the following edition:
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