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Publication date: 11.04.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
Separate proceedings, according to the Civil Procedure Code of Ukraine (CPC), are a special procedure for considering certain categories of cases provided for by law. According to this procedure, the consideration of a case in court may occur in a manner different from the general rule provided for most civil cases.
Typically, separate proceedings are used for such categories of cases as:
Cases on establishing legally significant facts: establishing the fact of family relationships, being dependent, ownership of title documents, etc.
Family matters: Family matters, such as divorce, adoption, placement of a child and others, can also be considered in accordance with separate proceedings, taking into account the specifics of family law.
Inheritance cases: Consideration of inheritance cases can be carried out according to separate rules established for resolving controversial issues of inheritance.
Cases on the legal capacity of an individual: Applications for limitation of civil legal capacity or recognition of a person as incompetent or restoration of legal capacity are considered in separate proceedings.
Cases on property rights: In particular, applications for the transfer of ownerless crustaceans to communal ownership and the restoration of rights to certain securities are considered.
Separate proceedings involve the use of special procedures, deadlines and rules that simplify or complicate the process of considering a case in court. This may include shortened filing deadlines, special evidentiary requirements, expedited trial procedures, and other aspects to facilitate the efficient and fair resolution of issues arising in these categories of cases.
Procedure for going to court:
The procedure for going to court in a separate proceeding in accordance with the Civil Procedure Code of Ukraine (CPC) may differ slightly depending on the specific type of case and the specifics of the situation. However, the general steps of the procedure for filing an application to the court in such cases can be summarized as follows:
Preparing an application to the court: First, you should draw up an application to the court, in which you must clearly state the claims, demands and circumstances of the case. The application must meet the requirements established by law and contain all the necessary information.
Submitting an application to the court: After preparing the application, it is submitted to the appropriate court in writing. The application may be submitted in person to the court or sent by mail with an appropriate receipt stamp.
Conducting a preliminary hearing: The court may schedule a preliminary hearing to determine the date and time of the court hearing, as well as to clarify issues regarding the procedure for considering the case.
Conducting a court hearing: After the application has been accepted by the court and the corresponding court has responded, a court hearing is held at which the case is considered, and issues of evidence, consideration procedures and other aspects are resolved.
Making a decision by the court: After the court hearing, the court makes a decision on the case, which can be announced on the spot or scheduled for a later time.
Appeal and cassation instance: In case of disagreement with the court decision, the parties have the right to file an appeal or cassation complaint to higher authorities.
This is a general description of the procedure for filing an application with the court in a separate proceeding in accordance with the Code of Civil Procedure of Ukraine. Detailed requirements and procedures may vary depending on the specific type of case and court decisions.
Drafting a statement by a lawyer when going to court:
Drafting an application by a lawyer is one of the services necessary to go to court. In addition, it is necessary to prepare properly, in particular to determine the jurisdiction of the case, collect evidence, documents development and the services of a lawyer are highly desirable. The lawyer will conduct a legal analysis of the situation and, according to which, will development of an application that will meet all legal requirements, and during court hearings will represent the interests of the client.
