MainPublications of our law firmComments on legislationCrimean court cases will be heard in Kiev

Crimean court cases will be heard in Kiev

  • Author: Andriy Buzynnyi
  • Practice areas: Litigation
  • Standardized procedures: Legal advice
  • Date of publication: 03/06/14

There were a lot of Clients who called on our company with requests where disputes had to be considered which had happened in Crimea.

Nowadays according to the Law of Ukraine “On securement citizens’ rights and freedoms and a legal regime at the occupied territory of Ukraine” these cases are transferred to the courts of Kyiv and Kyiv region. Except this, higher court institutions of Ukraine provide wider interpretation of this clause, clarifying details of this transfer.

In particular, the Higher commercial court gave an official explanation on a jurisdiction and a procedure of considering cases in a commercial process.

It is regulated that cases of the Commercial court of Crimea are transferred to the Commercial court of Kyiv region, cases of the Commercial court of Sebastopol are transferred to the Commercial court of Kyiv and cases of the Appeal commercial court of Sebastopol are transferred to the Appeal commercial court of Kyiv.

Also the Higher commercial court accented on practical moments of process. If you need to get an additional decision or a court order then you call on to the court through the same procedure. As follows, the Commercial court of Kyiv can correct mistakes in the decision of the Commercial court of Sebastopol or an appeal complaint against a court decision of the Commercial court of Sebastopol will be considered by the appeal commercial court of Kyiv.

At the same time, there is a clause which regulates that an appeal complaint must be submitted through the court of the first instance which had considered a case. This court must send an appeal to the appeal court. If it is impossible to transfer case’s materials to a court then a case is considered on the basis of materials which are submitted by participants of a case. At the same time, you must bring a mail’s certificate about impossibility to send materials to other participants which are situated at the occupied territory via mail.

We need to admit that issuance of an order to execute decisions, which are adopted by the courts of Crimea, also will be issued by the capital courts according to their jurisdiction.

A case will be transferred to a commercial court of the first instance in Kyiv or Kyiv region in cases of cancellation of orders of Crimea courts on refusal to accept a complaint or a complaint about bankruptcy proceedings, turning back a complaint or a complaint about bankruptcy proceedings, stopping a case’s process, leaving a complaint or a complaint about bankruptcy proceedings without consideration by an appeal or cassation instance.

If a cassation instance cancels a court decision of the commercial court of Crimea or Sebastopol and transfers a case to a new consideration to a commercial court of the first instance then a consideration is conducted by a commercial court of Kyiv region or Kyiv. If a decree of an appeal commercial court of Sebastopol is cancelled and a case is transferred to a new consideration to an appeal commercial court then a consideration is conducted by an appeal commercial court of Kyiv.

So courts are getting used to this. Generally, the capital courts get all loading of the Crimea courts. To say the truth, Crimea courts can move on to the continental part of Ukraine and help with this.

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