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Publication date: 21.05.2024
The Verkhovna Rada is considering changes to procedural legislation regarding minor disputes
On April 8, 2024, the Committee on Legal Policy of the Verkhovna Rada of Ukraine held a meeting at which draft laws aimed at ensuring the effectiveness of civil and administrative justice, as well as guaranteeing the right to legal protection in minor disputes, were considered. These initiatives are aimed at harmonizing the provisions of the Civil Procedure Code of Ukraine (CPC) and the Code of Administrative Procedure of Ukraine (KASU) with the latest decisions of the Constitutional Court of Ukraine.
The main draft laws and their significance
The main draft law considered by the Committee is Draft Law No. 11026. This document proposes changes to the Civil Code and the Civil Procedure Code with the aim of guaranteeing the right to judicial protection in minor disputes, as well as harmonizing the provisions of clauses 1, 5, part 6 of article 19, clause 2, part 3 of the article 389 of the Civil Code of Ukraine with the decision of the Constitutional Court of Ukraine dated November 22, 2023 No. 10-р(II)/2023. Draft Law No. 11026 also contains similar changes to the CASU.
Alternative to it were two draft laws:
Project No. 11026-1: on amendments to some legislative acts of Ukraine regarding changes in the legislative criteria for recognizing court cases as insignificant in connection with the decision of the Constitutional Court of Ukraine.
Project No. 11053: on making changes to the Civil Code of Ukraine in order to bring it into line with the Decision of the Constitutional Court of Ukraine of November 22, 2023 No. 10-р(II)/2023.
The committee recommended adoption of draft law No. 11026, while alternative draft laws No. 11026-1 and No. 11053 were rejected.Purpose and necessity of changes
The main purpose of the draft laws is to improve procedural mechanisms that ensure the right to a fair trial. This includes:
Guaranteeing the right to legal protection in minor disputes.
Alignment of national legislation with decisions of the Constitutional Court of Ukraine.
Improving the effectiveness of civil and administrative proceedings.
Draft Law No. 11026 proposes specific changes aimed at ensuring equal access to justice for all citizens, regardless of the complexity and importance of their cases.
Decision of the Constitutional Court of Ukraine
One of the key prerequisites for the development of these draft laws was the decision of the Constitutional Court of Ukraine dated November 22, 2023 No. 10-р(II)/2023. This decision determines the need to ensure the right to judicial protection for all citizens, especially in cases of minor disputes. The court pointed out the importance of observing the principles of justice, equality and access to justice, which became the basis for the initiative of changes to the procedural legislation. You may be interested in the following articles: lawyer's consultation, lawyer's consultation, analysis of documents, 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.
Recommendations of the Committee
The Committee on Legal Policy of the Verkhovna Rada, having analyzed all draft laws, decided to recommend that the Verkhovna Rada of Ukraine adopt draft law No. 11026 as a basis.The main reasons for this decision were:
Compliance of the draft law with modern requirements of justice.
Consistency of the provisions of the draft law with the decisions of the Constitutional Court.
Ensuring efficient and fair trial of minor disputes.
Alternative draft laws No. 11026-1 and No. 11053 were rejected due to their less effective compliance with the tasks and less integration with existing legal norms.
Conclusion
Consideration by the Committee of the Verkhovna Rada of Ukraine on legal policy of draft laws on changes to the Civil Code and the Civil Code is an important step in the direction of improving the country's legal system. The adoption of draft law No. 11026 as a basis will allow for more effective judicial protection for citizens in minor disputes, which is necessary for strengthening the principles of the rule of law and justice in Ukraine. These changes will help increase the level of trust in the judicial system and ensure better access to justice for all citizens.
