LAW IN FOCUS

  • Date: 07.03.2019
  • Author: Igor Kalitventsev
  • Practice: Dispute Resolution
  • Industries: Banks, insurance, leasing and financial companies, The participants of the real estate market, IT / TMT, Industrial and Production Companies, Medical, Pharmaceutical, Research, Companies, Logistic companies /car dealers, Agricultural Companies

START OF THE UNIFIED JUDICIAL INFORMATION AND TELECOMMUNICATION SYSTEM’S OPERATION WAS POSTPONED

On December 1, 2018, the State Judicial Administration published about the establishment and operation of the Unified Judicial Information and Telecommunication System (hereinafter - "the UJITS") in the newspaper "Holos Ukrainy".

According to transitional provisions to the Commercial Procedural Code of Ukraine, Civil Procedural Code of Ukraine and the Administrative Procedure Code of Ukraine, the UJITS runs in 90 days from the day of the announcement of its establishment and operation.

Thus, in early March certain changes were expected in the administrative, economic and civil proceedings. For example, the amendment of procedure for filing of appeals and cassation appeals by trial participants, reducing the list of grounds of stay of proceedings, in ensuring the efficiency of document circulation and the communication with the trial participants, etc.

On February 5, 2019, the State Judicial Administration sent the Regulation draft on the Unified Judicial Information and Telecommunication System to Council of Judges of Ukraine. This draft was sent to local courts and courts of appeal.

Upon receipt of the Regulation draft, Council of Judges of Ukraine prepared an advisory opinion on this draft. It is said that the workplaces of judges in their courtrooms are not completed with personal computers or laptops/tablets and means of full fixing of the trial, training of judges from work in the subsystem "E-Court" has not been conducted; the issue of providing courts with additional staff, the functional responsibilities of which would include the technical content of the UJITS`s database and work with this system, is still pending.

On February 28, 2019, the Supreme Council of Justice of Ukraine considered the issue of approval of the Regulation on the Unified Judicial Information and Telecommunication System. According to the results of consideration of the agenda of the Supreme Council of Justice, it was agreed to propose the State Judicial Administration of Ukraine to withdraw the announcement of the establishment and operation of the UJITS, as well as to return the Regulation draft for further refinement.

So, on March 1, 2019, it was published about the withdrawal of the Announcement dated 01.12.2018 of the establishment and operation of the UJITS.

Thus, in connection with the withdrawal of the Announcement dated 01.12.2018, the amendments related to the establishment and operation of the UJITS do not come into force, and judicial proceedings continue to be carried out in accordance with the rules in force before the day the UJITS starts functioning.  

Should you have any questions with respect to above or require any additional information, please do not hesitate to contact Mr. Igor Kalitventsev    (i.kalitventsev@kpdconsulting.com.ua. We will be pleased to assist You. The information contained in this overview is not intended to provide legal advice and should not be relied on or treated as a substitute for specific advice concerning individual situations.