THE LETTER OF THE SUPREME SPECIALIZED COURT OF UKRAINE ON CONSIDERATION OF CIVIL AND CRIMINAL CASES

of November 26, 2012 No. 1735/0/4-12

About some questions of application of the Section XI "Transitional provisions" Criminal Procedure Code of Ukraine

In connection with the introduction on November 20, 2012 in action of the Criminal Procedure Code of Ukraine (further - the Code of Criminal Procedure) accepted by the Verkhovna Rada of Ukraine on April 13, 2012 for the purpose of non-admission of unequal application and misinterpretation of its provisions the Supreme specialized court of Ukraine on consideration of civil and criminal cases draws the attention of judges of Trial and Appeal Courts to the following.

1. For the solution of question under what procedural law criminal trial shall be performed, receipt date in court of claims, petitions, representations, the criminal case file with the indictment, the resolution on application of enforcement powers of medical or educational nature, the resolution on the direction of case in court for the solution of question of release of person from criminal liability, and also date of the introduction of the Code of Criminal Procedure in action is determining.

Receipt date of such materials in court is not date of transfer (receipt) them in production of the specific judge, and the date specified on the registration stamp of court which is put down according to Item 2.2 of the Instruction on clerical work in local general court approved by the order of Public judicial administration of Ukraine of June 27, 2006 No. 68, along with registration number on right lower or other place of the cover letter, free from the text, to criminal case (material) which is put down in day of its receipt in vessels by the worker of the office of court to whom obligations concerning acceptance of legal cases and correspondence are assigned.

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