Publication date: 15.07.2025
Yatsymirskyi Yevhen Volodymyrovych is an attorney, specializing in a wide range of legal matters. He has significant experience in family law, providing assistance in divorce and property division cases. In addition, Yevhen Volodymyrovych actively practices criminal law, defending accused individuals. Within his litigation practice, he handles commercial disputes and contractual disputes involving individuals. His expertise also extends to international law, particularly human rights issues, as well as pension and social security, where he advises on pension allocation and calculation.
Input Data:
This court case began with a lawsuit filed by citizen Anton Mykolaiovych Borsuk against Kateryna Andriivna Havrylova and Oleksii Volodymyrovych Sorokin, with the Obolonskyi Department of State Civil Status Acts Registration in Kyiv of the Central Interregional Directorate of the Ministry of Justice (Kyiv) as a third party, concerning the establishment of paternity. The plaintiff, seeking to legally confirm his biological connection to a child, initiated court proceedings, which is the only legal way to resolve such questions in the absence of voluntary acknowledgment.
As part of these civil proceedings, for obtaining objective and scientifically substantiated evidence, an urgent need arose for a forensic molecular genetic examination. Such an examination is a standard and the most reliable procedure for confirming or refuting biological paternity. It was for this reason that by a Ruling of the Obolonskyi District Court of Kyiv dated January 30, 2025, the proceedings in this civil case were suspended. The conduct of the examination was entrusted to the Kyiv City Clinical Bureau of Forensic Medical Examination.
The client's problem was that, despite the importance of the case for his life situation, the court process was forced to halt indefinitely, awaiting the results of the expert study. This created a situation of legal uncertainty that could affect the personal and property rights of all interested parties. For the case to resume its progress and reach a logical conclusion, it was critically important for the expert's conclusion to be received by the court, allowing the proceedings to be immediately reinstated.
Problem:
The suspension of civil proceedings by the court's ruling on January 30, 2025, was carried out in full compliance with the requirements of the Civil Procedure Code of Ukraine (CPC of Ukraine), which provides for the possibility of suspending a case for expert examination. However, this delayed the substantive review of the case.
Desired Outcome:
Swift and unhindered resumption of court proceedings after obtaining the necessary expert conclusion to continue the substantive review of the case and establish paternity.
Responsible Lawyer:
Not specified in the case text.
Solution:
In this specific case, the primary legal strategy after the court received the necessary expert conclusion was to ensure the swift and unhindered resumption of court proceedings. Although the court's ruling does not mention a separate motion from the parties, the law allows the court to act on its own initiative, which likely occurred in this situation, highlighting the court's procedural activity and its orientation towards effective justice.
- Waiting and monitoring the receipt of the expert conclusion.
After the proceedings were suspended, it was important for the plaintiff's lawyer to track the receipt of the forensic molecular genetic examination conclusion by the court. The key moment that eliminated the circumstances causing the suspension of proceedings was the receipt by the court's chancellery on April 22, 2025, of Expert Conclusion No. 103-33-2025 dated April 10, 2025, from the State Specialized Institution "Kyiv City Bureau of Forensic Medical Examination." - Adherence to procedural deadlines.
Judge Dyba O.V. of the Obolonskyi District Court of Kyiv, having received the Expert Conclusion on April 22, 2025, acted in strict compliance with Part 1 of Article 254 of the CPC of Ukraine, which provides for the resumption of proceedings no later than ten days from the date the court receives notification of the elimination of the circumstances that caused its suspension. - Preparation for further court proceedings.
The resumption of proceedings automatically means the need to schedule the case for further judicial review. This involves preparing the parties for further debates, submitting additional evidence, and arguing positions. The judge immediately set the date for the continuation of the court proceedings for May 22, 2025.
Result: On April 25, 2025, the Obolonskyi District Court of Kyiv, represented by Judge Dyba O.V., issued a ruling: the proceedings in the civil case on establishing paternity were resumed. The court also continued the court proceedings, scheduling them for May 22, 2025, at 12:00.
This Ruling represents an important step in securing the client's rights to establish the legal fact of paternity. It confirms that the judicial system of Ukraine, despite the need for complex examinations, operates in compliance with procedural norms and strives for prompt resolution of cases when objective obstacles are removed. The resumption of proceedings after obtaining key evidence – the conclusion of the forensic molecular genetic examination – demonstrates the effective movement of the case towards its final resolution, which is a guarantee of restoring legal certainty for all participants in the process. This case is an example of the proper application of the CPC of Ukraine and a confirmation of the possibility of achieving a fair outcome through adherence to procedural procedures.
