- Section I. General Provisions
- Chapter 1. BASIC PROVISIONS
- Chapter 2.CIVIL JURISDICTION
- Chapter 3. Composition of the Court. Challenge.
- Chapter 4. PARTICIPANTS OF CIVIL PROCESS
- Chapter 5. EVIDENCE
- Chapter 6. Procedural terms
- Chapter 7. JUDICIAL SUMMONS AND MESSAGES
- Chapter 8. COURT COSTS
- Chapter 9. MEASURES OF PROCEDURAL COMPULSION
- Section II. MANDATORY PROCEEDINGS
- Section III. ACTION PROCEEDINGS
- Chapter 1. Jurisdiction
- Chapter 2. FILING A CLAIM. OPENING A PROCEEDING
- Chapter 3. Proceedings prior to judicial consideration
- Chapter 4. Judicial consideration
- Chapter 5. Civil process fixing
- Chapter 6. Suspension and closing of the proceedings. Leaving the statement without consideration
- Chapter 7.Judicial decisions
- Chapter 8. Judicial consideration of the case in absentia
- Section IV. SEPARATE PROCEEDINGS
- Chapter 1. General provisions
- Chapter 2. Review by the court cases on restrictions of civil capacity of a, acknowledgement a physical person to be incapable, and renewal of civil capability of physical person
- Chapter 3. Review by the court the cases on granting full civil capacity to minors
- Chapter 4. Review by the court cases on acknowledgement of physical person to be missing or proclamation of its death
- Chapter 5.Review by the court cases on adoption
- Chapter 6. Review by the court of affirmative proceedings that are legally significant
- Chapter 7.Review by the court the cases of restoration of rights to lost to bear securities and promissory notes
- Chapter 8.Review by the court cases on transferring an ownerless immovable thing to communal property
- Chapter 9. Review by the court cases on acknowledgement the heritage ABANDONED
- Chapter 10. Review of statement on providing psychiatric assistance to physical persons in compulsory manner
- Chapter 11. Review by the court the cases on compulsory hospitalization to antituberculous institutions
- Chapter 12.Review by the court of disclosure by banks of information containing bank secrecy related to legal and physical persons
- Section V. REVIEW OF COURT DECISIONS
- Section VI. Procedural matter related to the execution of judgments in civil cases and the outcome of other bodies (officials)
- Section VII. Judicial monitoring for execution of court decisions
- Section VIII. On recognition and enforcement of foreign courts in Ukraine
- Section IX. Restoration of lost proceedings
- Section X. Proceedings involving foreign persons
- Section XI. FINAL AND TRANSITIONAL PROVISIONS
CIVIL PROCEDURE CODE OF UKRAINE
With amendments and additions provided by the Law of Ukraine
issued on 23rd June, 2005, N 2709-IV, OVU, 2005, N 29, art. 1694,
by the Administrative Code of Ukraine
as of 6th July, 2005 N 2747-IV, OVU, 2005, N 32, art. 1918,
by the Laws of Ukraine
issued on 8th September, 2005 N 2875-IV, OVU, 2005, N 38, art. 2362,
issued on 15th March, 2006 N 3538-IV, OVU, 2006, N 14, art. 961,
issued on 16th March, 2006 N 3551-IV, OVU, 2006, N 14, art. 963,
issued on 16th March, 2006 N 3570-IV, OVU, 2006, N 15, art. 1070,
issued on 1st December, 2006 N 424-V, OVU, 2007, N 1, pp. 1,
issued on 15th December, 2006 N 483-V, OVU, 2007, N 52, art. 3476,
issued on 9th January, 2007 N 543-V, OVU, 2007, N 8, pp. 274,
issued on 19th April, 2007 N 962-V, OVU, 2007, N 44, art. 1774,
issued on 21st May, 2009 N 1397-VI, OVU, 2009, N 44, art. 1468
(Since 1st January, 2010 this Code will be amended in accordance with the Law of Ukraine issued on 25th June, 2009 N 1568-VI)
The provisions of Article 7 of the Code considered
such that meet the Constitution of Ukraine (are constitutional)
(according to the decision of the Constitutional Court of Ukraine
issued on 22nd April, 2008 N 8-gr/2008)
Section I. General Provisions
Chapter 1. BASIC PROVISIONS
Article 1. Civil Justice Objectives
1.The objectives of civil justice are fair, impartial and well-timed consideration and resolution of civil cases to protect affected, unacknowledged or disputed rights, freedoms and interests of physical persons, the rights and interests of legal persons, state interests.
Article 2.Legislation on Civil Justice
1. Civil justice is performed in accordance with the Constitution of Ukraine, this Code and the Law of Ukraine “On International Private Law”.
2. If an international treaty, ratified by the Verkhovna Rada of Ukraine, provides other rules than those laid down by this Code, the rules of the international treaty shall be applied.
3. Proceeding in civil cases is performed in accordance with the laws in force at the time of the execution of certain proceedings, reviewing and solving the case.
4. The Law, that establishes new responsibilities, repeals or narrows the rights of appropriate members of civil process, or restrict their appliance has no retroactive force.
(As amended in accordance with
the Law of Ukraine issued on 23.06.2005, N 2709-IV)
Article 3. The right to appeal to the court for protection
1. Everyone is entitled in the manner prescribed by the Code to apply to the court for the protection of their violated, unrecognized or disputed rights, freedoms and legitimate interests.
2. To the extent permitted by applicable law, the court may contact agencies and persons granted the right to protect the rights, freedoms and interests of others, or state or public interests.
3. Waiver of the right to appeal the court for protection is invalid.
Article 4. Methods of protection applied by the court
1. Performing justice, the court protects the rights, freedoms and interests of physical persons, the rights and interests of legal persons, state and public interests in the manner determined by the laws of Ukraine.
Article 5. Implementation of justice based on respect for the honour and dignity, equality before the law and the court
1. The court is obliged to respect the honour and dignity of all the participants of the civil process and to perform justice on the basis of equality before the law and justice regardless of race, color, political, religious and other beliefs, sex, ethnic or social origin, property status, residence place, language and other characteristics.
Article 6. Transparency and openness of the trial
1. The reviewing of cases is performed verbally and openly in all the courts.
2. No one shall be deprived of the right to information about time and place of his case.
3. Closed trial is allowed if the public trial could lead to disclosure of state or other secrets, which is protected by law, as well as upon the petition of the persons involved in the case, to ensure the secrecy of adoption, preventing the disclosure of information or other intimate sides of personal live of the parties involved in the case, or information that may humiliate their honour and dignity.
4. Personal papers, letters, records of telephone conversations, telegrams and other correspondence may be declared in court only with the consent of the persons specified by the Civil Procedure Code of Ukraine. This rule is applied to the study of sound and video recordings of the same nature.
5. The persons involved in the case are entitled to be present at the process of closed trial, and if required – witnesses, experts, Scholars and interpreters.
6. The reviewing of the case in camera is performed in compliance with all the rules of civil procedure.
7. The Court shall enact a reasoned decision in the consultation room about reviewing of the case in camera, that should be immediately announced.
8. The participants of the civil process and other persons present at proceeding in open court, have the right to make written records, and use portable sound recording devices. Shooting video photo and sound using stationary equipment, and broadcast court proceedings on radio and television are allowed on the ground of the court decision and under the consent of the persons involved in the case.
9. The court decision declared publicly, except to the extent that the reviewing of the case was performed in camera. Persons involved in the case, as well as those who did not participate in the case, if the court decided the question of their rights, freedoms or obligations, are entitled to get at the court an oral or written information about the results of reviewing of the case. Those who did not participate in the case, if the court decided the question of their rights, freedoms or obligations, are entitled to get acquainted with the papers of the case, make extracts from them, take copies of the documents added to the case, receive copies of decisions and rulings.
10. The case reviewing shall be fixed by technical means. The procedure of recording the court proceedings by technical means shall be established by this Code.
11. Only a technical record of the court session made by the court can be considered an official court session record.
(With additions made in accordance with
the Law of Ukraine issued on 16.03.2006, N 3570-IV)
Article 7. Language of the civil justice
1. Civil justice is performed by the State language.
2. Persons involved in the case and lack a knowledge of or do not have a good command of the state language, in the manner prescribed by this Code shall have the right to make statements, give explanations, to speak in court and present a petition in their native language or the language they speak, using the services of the interpreter, in the order established by this Code.
3. The court papers are settled in the national language.
The provisions of Article 7 of the Code considered such that meet the Constitution of Ukraine (are constitutional) (according to the decision of the Constitutional Court of Ukraine issued on 22nd April, 2008 N 8-gr/2008)
Article 8. Legislation under which the court solves the case
1. Court solves the cases according to the Constitution of Ukraine, the laws of Ukraine and international treaties, ratified by the Verkhovna Rada of Ukraine.
2. The court applies other legal acts adopted by the appropriate authority on the ground of within the authority and in a way established by the Constitution and the laws of Ukraine.
3. If during the proceedings the court have doubts pursuant to law or other legal act of the Constitution of Ukraine, the issue of the constitutionality of which is under the jurisdiction of the Constitutional Court of Ukraine, court shall appeal to the Supreme Court of Ukraine to resolve questions about the making to the Constitutional Court of Ukraine the submission on the constitutionality of the law or other legal act.
4. If a legal act is not in conformity with the law of Ukraine or international agreement, ratified by the Verkhovna Rada of Ukraine, the court shall apply the act of legislation, which has a higher legal force.
5. If the Law of Ukraine is not in conformity with the international agreement ratified by the Verkhovna Rada of Ukraine, the court shall apply the international treaty.
6. The rules of law of other states are applied by the court in cases when it is established by the Law of Ukraine or international agreement, ratified by the Verkhovna Rada of Ukraine.
7. The Court shall solve cases of public procurement with regard to the characteristics defined by the Law of Ukraine “On procurement of goods, works and services for public funds”.
8. If the disputed relationships are not regulated by law, the court shall apply the law that governs related relationships (analogy of statute), and failing – the court proceeds on the basis of the general principles of the legislation (analogy of law).
9. To deny the trial for reasons of absence, incompleteness, fuzziness, controversial legislation that regulates contentious relationship is prohibited.
(With changes and additions made in accordance with
Law of Ukraine issued on 01.12.2006, N 424-V)
Article 9. Excluded.
(according to the Law of Ukraine
issued on 23.06.2005 N 2709-IV)
Article 10. Competitiveness of the parties
1. Civil proceedings are performed on the ground of the competitiveness of the parties.
2. Parties and other persons involved in the case have equal rights on the submission of evidence of their research and bring to the court their credibility.
3. Each party must prove the circumstances which it refers to as the basis of their claims or objections, except the cases established by this Code.
4. The Court promotes a comprehensive and full understanding of the circumstances of the case: explains the persons involved in the case, their rights and responsibilities, warns of the consequences of committing or non committing of proceedings and assists the realization of their rights in cases established by this Code.