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Publication date: 19.05.2024
Improvement of consideration of cases on pension and other social benefits: analysis of new draft laws
Introduction
The Verkhovna Rada of Ukraine has registered two draft laws aimed at improving the process of considering cases of minor complexity related to pension and other social benefits. This is draft law No. 11170 and alternative draft law No. 11170-1. Both documents are aimed at simplifying and speeding up the judicial process for cases involving social benefits, but have some key differences.
Basic provisions of draft law No. 11170
Draft Law No. 11170 proposes to add new Article 2631 to Chapter 10 of Chapter II of the Code of Administrative Justice of Ukraine (KASU). This article establishes the peculiarities of consideration of cases of minor complexity regarding pension and other social benefits.
Peculiarities of case consideration
Cases related to appeals by individuals to decisions, actions or inaction of subjects of authority regarding pension and social benefits will be considered in a shortened procedure. This includes:
Abbreviated court decision: The court will issue a decision that will contain only the introductory and final parts. They must meet the requirements of Article 246 of the Civil Code.
Full text of the decision upon request: Upon application by the plaintiff or subject of authority who wishes to appeal the abbreviated decision, the court will prepare the full text of the court decision within ten days from the date of receipt of the relevant application. Filing such an application requires the payment of a court fee in the amount of 100% of the rate paid at the time of filing the claim.Appeal: An appeal can be filed within ten days from the date of drafting the full text of the court decision. In exceptional cases, an appeal against a summary court decision is allowed. The decision of the appellate court will not be subject to appeal in the cassation procedure.
Comments from legislators
Denys Maslov, People's Deputy of Ukraine and head of the Parliamentary Committee on Legal Policy, noted that the new approach to the consideration of such cases will reduce the burden on the judicial system and speed up the decision-making process. The main emphasis is on reducing the bureaucratic burden and preventing unjustified appeals against court decisions.
Differences of the alternative bill No. 11170-1
Alternative draft law No. 11170-1, unlike the main one, proposes not to provide the possibility of filing an appeal against a summary judgment in cases provided for by the new Article 2631 of the Civil Code. This significantly limits the possibilities of appeal for state bodies and other subjects of power, which can reduce the time of consideration of cases, but at the same time raises the issue of ensuring the right to a fair trial. You may be interested in the following articles: lawyer's consultation, lawyer's consultation, document analysis , legal analysis of the situation, written consultation, verification of documents by a lawyer, lawyers documents, lawyer's help online, lawyer online, legal opinion, lawyer's legal opinion, lawyer online.Analysis and perspectives of implementation
Advantages
Speed of consideration: The introduction of a shortened procedure for consideration of cases will significantly reduce the time required for decision-making in cases concerning pension and social benefits.
Reduced workload for courts: Reducing the workload for judges in writing full texts of decisions will allow them to focus on more complex and important cases.
Saving resources: Fewer appeals and an accelerated decision-making process will save both judicial and financial resources.
Disadvantages and challenges
Limitation of the right to appeal: Draft Law No. 11170-1 significantly limits the possibilities of filing an appeal, which may be perceived as a violation of the right to a fair trial.
Increased court fee: The requirement to pay an additional court fee for obtaining the full text of the decision can be financially burdensome for some entities, especially individuals.
Need for adaptation: The judiciary and relevant authorities will need to adapt to the new rules, which will require additional training and resources.
Conclusion
The introduction of new procedural mechanisms for consideration of cases of minor complexity regarding pension and other social benefits is an important step on the way to improving the judicial system of Ukraine. Bills No. 11170 and No. 11170-1 have the potential to significantly improve the efficiency of judicial proceedings, but require careful analysis and discussion to
