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THE TIME LIMITS DURING QUARANTINE: FURTHER CHANGES TO PROCEDURAL CODES

As we know, currently there is an adaptive quarantine in Ukraine, which terms were last extended by the Cabinet of Ministers of Ukraine until July 31, 2020 according to the resolution of the Cabinet of Ministers of Ukraine as of May 20, 2020 No.392 with changes approved by the Cabinet of Ministers of Ukraine as of June 17, 2020 No.500.

For the period of quarantine established by the Cabinet of Ministers of Ukraine (Resolution of the Cabinet of Ministers of Ukraine as of March 11, 2020 No.211, Resolution of the Cabinet of Ministers of Ukraine as of May 20, 2020 No.392) in order to prevent the spread of the Coronavirus disease (COVID-19), the procedural terms determined in the Economic Procedure Code of Ukraine (hereinafter - the EPC of Ukraine), the Civil Procedural Code of Ukraine (hereinafter - the CPC of Ukraine) and the Code of Administrative Legal Proceedings of Ukraine (hereinafter – the CALP of Ukraine) were automatically extended for the duration of such quarantine.

Please note that on June 18, 2020 the Verkhovna Rada of Ukraine adopted the Law "On Amendments to Certain Legislative Acts of Ukraine Concerning the Procedural Time Limits during Quarantine established by the Cabinet of Ministers of Ukraine to Prevent the Spread of the Coronavirus Disease (COVID-19)" (hereinafter - the Law).

According to the Law the procedural terms established by the provisions of the EPC of Ukraine, the CPC of Ukraine and the CALP of Ukraine for the period of quarantine established by the Cabinet of Ministers of Ukraine to prevent the spread of Coronavirus disease (COVID-19) are renewed by court at the request of participants to the case and persons who did not participate in the case, if the court has agreed on their rights, interests and (or) responsibilities (if they have the right to perform the relevant procedural actions provided by procedural codes), if it finds the reasons for their missing reasonable and those resulting from restrictions imposed in connection with quarantine. The court may renew the relevant term both before and after its expiration.

In addition, the court at the request of a person extends the procedural term established by the court, if failure to perform the relevant procedural action within the specified period resulted from restrictions imposed in connection with quarantine.

It should be noted that the procedural terms, which were extended in accordance with clause 4 of section X "Final Provisions" of the EPC of Ukraine, clause 3 of section XII "Final Provisions" of the CPC of Ukraine, clause 3 of section VI "Final Provisions" of the CALP of Ukraine as amended by the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Aimed at Providing Additional Social and Economic Guarantees in connection with the Spread of the Coronavirus Disease (COVID-19)" No. 540-IX as of March 30, 2020, shall expire 20 days after the Law comes into force.

During this 20-day period the participants to the case and persons who did not participate in the case, if the court has agreed on their rights, interests and (or) responsibilities (if they have the right to perform the relevant procedural actions under these codes), shall have the right to extend the procedural terms on the grounds established by the Law.

Thus, the Law stipulates that procedural terms will not be extended automatically, as it was before. Under the new rules according to the Law the court will decide on the renewal and extension of procedural terms upon appropriate application by the person. The participants to the case and other persons will have 20 days to submit such an application.

The Law enters into force on the day following the day of its publication. As of today, the Law is being prepared for signature and is not published yet.

Igor Kalitventsev

Managing Partner

KPD Consulting

 

 

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.

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