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Article Procedural Rights and Duties of the Reporting Judge in the Economic Court of Cassation
Authors VOLODYMYR USTYMENKO, SEMEN YATSENKO
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 7 / 2018
Pages 103 - 114
Annotation

The current Code of Economic Procedure of Ukraine (hereinafter – the CEP of Ukraine) is in actual fact a completely new statutory instrument, although in technical terms it has been adopted by amendment and restatement. In this regard, theoretical research of legal support for the arrangement of case review by the court of cassation has an important role to play, particularly in the context of research of the reporting judge’s status, because the function of this judge has always been crucial and its importance has increased owing to the expectations of positive changes as an outcome of the judicial reform. The purpose of the article is to research into the status of the reporting judge in the current situation when Ukraine’s judicial system is in its fledging years, and the task of the article is to analyze certain provisions of the CEP of Ukraine, particularly, for their compliance with the constitutional provisions as well, and to find the ways of its improvement. The role of the reporting judge is paramount when a case is considered by a Panel, and therefore this article studies the functions, rights and duties of this judge in the context of application of the new procedural legislation which does not incorporate the definition of the concept of “reporting judge”, and this is very important. The authors propose their own definition of this concept: “Reporting judge is a member of the permanent panel who is appointed by the Uniform judicial information and telecommunication system and ensures compliance with the collegiality principle of case consideration”. As an independent subject, the reporting judge has the following procedural duties: to comply with the results of automatic case distribution, to receive the cassation materials from the records management service, to submit the issue of renewal of the cassation appeal term to the Panel, to express a dissenting opinion if the judge does not prepare the text of the decision (ruling), to prepare a report no longer than ten days. As an independent subject, the reporting judge has the procedural right at own discretion to determine the length of the report, the cases when he/she addresses the members of the Scientific Advisory Council of the Supreme Court, and to request that all of the persons present during the proceedings in a case comply with requirements of procedural legislation. It should be noted that in fact, provisions of part 3, article 288 and part 4, article 293 of the Code of Civil Procedure of Ukraine have some contradictions, since one specifies cases for mandatory renewal of the term, while the other one stipulates cases when the term is not renewed, and at the same time they contain references to each other as equivalent. The authors, providing a respective rationale, maintain that the provision regarding non-compliance with the court ruling on return of the cassation appeal, which is contained in the CEP of Ukraine, is breached not by a judge but by an employee of the staff who receives the ruling concerned for execution. The authors conclude that a failure to submit the cassation appeal at the same time with passing of the ruling on its return contains the signs of non-compliance with a court decision.

 

Keywords reporting judge; procedural rights; procedural duties; the Economic Court of Cassation
References

List of legal documents 
 

Legislation 
1. Hospodarskyi protsesualnyi kodeks Ukrainy [Commercial Procedural Code of Ukraine]: Zakon Ukrainy [the Law of Ukraine] vid 6 lystopada 1991 r. № 1798-XII. Vidomosti Verkhovnoi Rady Ukrainy. 1992. № 6. St. 56 (in Ukrainian). 
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3. Konstytutsiia Ukrainy [Constitution of Ukraine]: Zakon Ukrainy [the Law of Ukraine] vid 28 chervnia 1996 r. № 254k/96-VR. Vidomosti Verkhovnoi Rady Ukrainy. 1996 № 30. St. 141 (in Ukrainian). 
4. Pro mizhnarodnyi komertsiinyi arbitrazh [On International Commercial Arbitration]: Zakon Ukrainy [the Law of Ukraine] vid 24 liutoho 1994 r. № 4002-XII. Vidomosti 
Verkhovnoi Rady Ukrainy. 1994. № 25. St. 198 (in Ukrainian) 
5. Pro treteiski sudy [On Arbitration Courts]: Zakon Ukrainy [the Law of Ukraine] vid 11 travnia 2004 r. № 1701-IV. Vidomosti Verkhovnoi Rady Ukrainy. 2004. № 35. St. 412 (in Ukrainian). 
6. Pro vnesennia zmin do Hospodarskoho protsesualnoho kodeksu Ukrainy, Tsyvilnoho protsesualnoho kodeksu Ukrainy, Kodeksu administratyvnoho sudochynstva Ukrainy ta inshykh zakonodavchykh aktiv [On Amendments to the Commercial Procedural Code of Ukraine, the Civil Procedural Code of Ukraine, the Code of Administrative Legal Proceedings of Ukraine and other Legislative Acts]: Zakon Ukrainy [the Law of Ukraine] vid 3 zhovtnia 2017 r. № 2147-VIII. Vidomosti Verkhovnoi Rady Ukrainy. 2017. № 48. St. 436 (in Ukrainian). 

 

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