of June 12, 2009 No. 5
About application of regulations of the civil procedural legislation which regulate proceeedings before judicial review for the purpose of ensuring the correct and identical application by courts of separate provisions of the civil procedural legislation the Plenum of the Supreme Court of Ukraine decides to make to courts such explanations:
1. Proceeedings before judicial review are regulated by Chapter 3 of the Section III of the Code of civil procedure of Ukraine (further - GPK) in which legal proceedings of court are determined by preparation of case for judicial review and carrying out preliminary judicial session. Implementation by participants of civil process and court at this stage of process of set of the legal proceedings determined by the procedural law is obligatory as it is independent and important and creates necessary conditions for the correct and timely solution of case, adoption of the legal and reasonable judgment.
Preparation of case for judicial review begins from day of the resolution of determination on opening of proceeedings then the court instantly sends to persons who participate in case, the copy of the corresponding determination, the copy of the action for declaration with copies of the documents attached to it which according to Article part one 120 GPK the claimant shall submit to court.
The judge of the determination having no right to the resolution on opening proceeedings to perform any actions for preparation of case for judicial review, in particular, to provide the claim (except the case provided by part four of Article of 151 GPK), to hold preliminary judicial session and so forth. After opening of proceeedings the judge has no right to resolve issue of leaving the statement without movement and its return (Article of 121 GPK) or about refusal in opening of proceeedings (Article part two 122 GPK).
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.