of January 16, 2013 No. 10-76/0/4-13
To chairmen of Appeal Courts of areas, cities of Kiev and Sevastopol, Appeal Court of the Autonomous Republic of Crimea
About single questions of application of Article 370 GPK
Having considered the letter of the chairman of Appeal Court of the Cherkassk region concerning application of Article 370 GPK, the trial chamber on civil cases of the Supreme specialized court of Ukraine on consideration of civil and criminal cases notes it.
From content of request clear that in the mentioned Appeal Court according to the procedure of Article 370 GPK statements for issue of duplicates of the writs of execution issued by military local court of the Cherkassk garrison which was liquidated according to the Presidential decree of Ukraine of September 14, 2010 No. 900/2010, and its archive arrive it is transferred to preserving to Appeal Court of the Cherkassk region.
According to Article 370 GPK instead of the lost original of the executive document court which issued it have the right to issue the duplicate. The corresponding application shall be considered in judicial session.
The specified situation is not settled by provisions GPK, and therefore the answer to the raised question is in the plane of system and logical understanding of regulations of this Code.
Taking into account contents of Articles 370, 107 GPK all cases which are subject to the decision according to the procedure of civil legal proceedings are considered district, district in the cities, by city and gorrayonny courts (that is Trial Courts).
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