News

Linguistically incorrect wording of the claims cannot be an obstacle to the protection of the violated right of the person who appealed to the court

Incorrect, from the point of view of linguistics, the wording of the claims of the claim cannot be an obstacle to the protection of the violated right of the person who appealed to the court, since an excessively formalized approach to the litera

The decision rejecting the application for review of the court decision based on newly discovered circumstances does not prevent further proceedings

The appellate court is deprived of the procedural possibility to cancel the decision, which does not prevent further proceedings in the case and to refer the case to the court of first instance for further consideration. In each case, the appella

Algorithm of the defender’s actions during the detention of a person, formation of attorney’s requests

The Supreme Court explained in which case the testimony of a witness is inadmissible evidence

It became clear in which case the court cannot refer to the testimony of a witness when passing a court decision.

The court decision on refusal to demand evidence is not subject to appeal separately from the court decision

Participants in the case, persons who did not take part in the case, if the court decided the issue of their rights, freedoms, interests and (or) duties, have the right to appeal in the appeal procedure the decisions of the court of first instanc

Enrollment of counterclaims is possible at any stage of the process, in particular at the stage of execution of the court decision

Claims that can be set off must be opposite (the creditor of one obligation is the debtor of another, and the debtor of the first obligation is the creditor of the second); homogeneous (claims for the transfer of the same things can be counted

Jurisdictional question regarding the appeal of decisions, actions or inaction of an official of the internal combustion engine department: VP VS

The Grand Chamber of the Supreme Court expressed its opinion on the jurisdiction of cases based on a complaint against the decision of the head of the department of the state executive service.

Some requirements for the improvement of the qualifications of lawyers are appealed to the OASK

The district administrative court of the city of Kyiv filed a lawsuit against the National Association of Lawyers of Ukraine represented by the Bar Council of Ukraine.

The decision to reject accepted applications to increase claims can be challenged in an appeal separately from the court decision

If the disputed relations are not regulated by law, the court applies the law that regulates relations similar in content (analogy of law), and in the absence of such, the court proceeds from the general principles of legislation (analogy of law)

The irregularity of the civil process cannot limit the right of applicants to judicial protection, including in cases of separate proceedings

The court and the participants in the legal process are obliged to be guided by the task of civil justice, which prevails over any other considerations in the legal process.

Attorneys should not modify previously issued warrants

From January 1, 2022, a single type of attorney's warrants will be in effect in Ukraine – generated automatically through the attorney's personal office in the Unified Register of Attorneys of Ukraine.