LAW IN FOCUS

  • Date: 09.10.2018
  • Practice: Dispute Resolution
  • Industries: Banks, insurance, leasing and financial companies, The participants of the real estate market, Industrial and Production Companies

Commencement of work of the newly formed courts of appeal

In accordance with the Law of Ukraine “On the Judiciary and the Status of Judges” and pursuant to Decrees of the President No. 455/2017, No. 454/2017 and No.452/2017, on October 03, 2018 the newspaper “Holos Ukrayiny” published a notice announcing the commencement of work of the newly formed Courts of Appeal.

The above notices are published according to requirements of part six of Article 147 of the Law of Ukraine “On the Judiciary and the Status of Judges”, according to which in case of liquidation of court administering justice in the territory of the corresponding administrative-territorial unit (units) and formation of a new court, which ensures administration of justice in this territory, the court which is being liquidated shall stop administering justice as of the day of publishment in the newspaper “Holos Ukrayiny” of the notice of the head of the newly formed court on the commencement of work of the newly formed court.

Thus, as of October 03, 2018, the newly formed courts of appeal began to administer justice: the Dnipro Court of Appeal; Volyn Court of Appeal; Kherson Court of Appeal; Zhytomyr Court of Appeal; Lugansk Court of Appeal; Chernihiv Court of Appeal; Khmelnytsky Court of Appeal; Mykolayiv Court of Appeal; Ivano-Frankivsk Court of Appeal; Zakarpatya Court of Appeal; Kharkiv Court of Appeal; Rivne Court of Appeal; Kyiv Court of Appeal; Ternopil Court of Appeal; Donetsk Court of Appeal, newly formed administrative courts of appeal: First Administrative Court of Appeal; Third Administrative Court of Appeal; Fifth Administrative Court of Appeal; Sixth Administrative Court of Appeal; Seventh Administrative Court of Appeal; Eighth Administrative Court of Appeal, newly formed economic courts of appeal: Western Economic Court of Appeal; Central Economic Court of Appeal; Northern Economic Court of Appeal; South-West Economic Court of Appeal; Eastern Economic Court of Appeal.

The jurisdiction of the abovementioned courts of appeal covers areas defined by the Decree of the President of Ukraine No. 455/2017 “On Liquidation of Administrative Courts of Appeal and Formation of Administrative Courts of Appeal in Appeal Districts”, by the Decree of the President of Ukraine No. 454/2017 “On Liquidation of Economic Courts of Appeal and Formation of Economic Courts of Appeal in Appeal Districts”, by the Decree of the President of Ukraine No. 452/2017 “On Liquidation of Courts of Appeal and Formation of Courts of Appeal in Appeal Districts”. The said decrees also specify courts that suspend administration of justice in connection with the commencement of work of the newly formed courts.

In the near future, it is also expected the publication of notices announcing the commencement of work of other newly formed courts: the Crimean Court of Appeal in the appeal district, which includes the Autonomous Republic of Crimea, with the location in cities of Simferopol and Feodosiya; Vinnytsya Court of Appeal; Zaporizhzhya Court of Appeal; Kropyvnytsky Court of Appeal; Lviv Court of Appeal; Odessa Court of Appeal; Poltava Court of Appeal; Sumy Court of Appeal; Cherkasy Court of Appeal; Chernivtsi Court of Appeal; Sevastopol Court of Appeal, administrative courts of appeal: Second Administrative Court of Appeal in the appeal district, which includes Poltava, Sumy and Kharkiv regions, with location in Kharkiv, economic courts of appeal: Southern Economic Court of Appeal in the appeal district, which includes the Autonomous Republic of Crimea and Sevastopol, with its location in Sevastopol; The North-West Economic Court of Appeal in the appeal district, which includes Vinnytsya, Volyn, Zhytomyr, Rivne and Khmelnytsky regions, with its location in Rivne.

It is expected that at the first time after the publication of notices announcing the commencement of work of the newly formed courts, there may be cases of return of procedural documents without consideration or leaving them without action. For example, this will be due to the incorrect indication of court’s name in the procedural document or the payment of court fees to the banking details on the accounts of liquidated courts of appeal.

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