Article | Certain Aspects in Applying Procedural Deadlines in Economic Court Proceedings |
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Authors | ANDRII BUTYRSKYI |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 7 / 2020 |
Pages | 66 - 77 |
Annotation | Adoption of the amended Code of Economic Procedure of Ukraine (Ukrainian CEP) was intended to radically change the process of economic dispute resolution, and in this connection many new institutions of economic procedure have been introduced. As for procedural deadlines in economic proceedings, the period established for resolution of economic disputes in the first instance court has been increased (instead of a maximum of two and a half months in the prior version of Ukrainian CEP, to an average of three to five months in the current Ukrainian CEP). This situation can not but worry, since prompt and high-quality resolution of a dispute in economic proceedings is crucial for the development of Ukraine’s economy and the stability of business practice. The purpose of the article is to analyze certain aspects pertaining to application of procedural deadlines in economic proceedings, and to identify challenging issues which arise in the practice of applying procedural deadlines in economic proceedings and, on this basis, to develop proposals for improvement of domestic economic procedure legislation. The author highlights the disciplining function of procedural deadlines in economic proceedings, since failure to comply with the deadlines set by the court for filing applications, complaints and documents makes it impossible to submit them in the future and entitles the court to resolve a dispute based on the available case materials. Following the research, the author concludes that Ukrainian CEP does not apply uniform terminology with regard to regulation of procedural deadlines. This entails different understanding of such deadlines in economic proceedings and non-uniform application of procedural rules. The legislator in the same provision of law (article 177 of Ukrainian CEP) has established that preliminary proceedings may last up to sixty days from the date on which proceedings in a case are commenced; another provision of law (article 195 of Ukrainian CEP) establishes that proceedings on the merits should begin within the same sixty days from the date on which proceedings in a case are commenced. Hence, it follows that commencement of proceedings on the merits coincides with closing of preliminary proceedings. However, this conclusion contradicts the provisions of part 3, article 201 of Ukrainian CEP. The way out of this conflict is seen in setting forth a clear procedure for calculation of procedural deadlines. Ukrainian CEP provides for the possibility of unlimited renewal of the deadline for appeal, and this certainly contradicts the principle of legal certainty. The way out of this situation seen by the author is to entitle the cassation court to overturn the appeal court decisions passed as a result of violation of part 2, article 261 of Ukrainian CEP. The author also sees the need to establish a realistic deadline for consideration of complaints against actions or omissions of a state enforcement officer or another official of the State Enforcement Service or a private enforcer within one month upon receipt of the complaint.
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Keywords | procedural deadlines; economic court proceedings; economic court procedure; reasonable deadlines |
References | Bibliography Dictionaries 1. Buriachok A ta inshi, Slovnyk synonimiv ukrainskoi movy [Dictionary of Synonyms of the Ukrainian Language], t 1 (Naukova dumka 2001) (in Ukrainian).
Journal articles 2. Huivan P, ‘Svoiechasnyi rozghliad spravy yak element prava na spravedlyvyi sud’ [‘Timely Consideration of a Case as an Element of the Right to a Fair Trial’] [2018] 1 (29) Vcheni zapysky TNU imeni V I Vernadskoho Seriia: Yurydychni nauky 37 (in Ukrainian). 3. Shcherbyna V ta Rieznikova V, ‘Osnovi zasady (pryntsypy) hospodarskoho sudochynstva Ukrainy’ [‘The Basic Principles (Fundamentals) of the Economic Court Procedure in Ukraine’] (2018) 7 Pravo Ukrainy 25 (in Ukrainian).
Theses 4. Demchenko S, ‘Teoretyko-metodolohichni zasady efektyvnosti hospodarskoho sudochynstva’ [‘Theoretical and Methodological Foundations of the Effectiveness of Economic Litigation’] (avtoref dys d-ra yuryd nauk, 2010) (in Ukrainian). 5. Shekera Yu, ‘Stroky u hospodarskomu protsesualnomu pravi’ [‘Terms in Economic Procedural Law’] (avtoref dys kand yuryd nauk, 2016) (in Ukrainian).
Websites 6. ‘Termin “Nevidkladno”’ [‘Term “Immediate”’] (Verkhovna Rada Ukrainy) <https://zakon.rada.gov.ua/laws/term/39197> (accessed: 25.04.2020) (in Ukrainian). 7. ‘Termin “Nehaino”’ [‘Term “Immediately”’] (Verkhovna Rada Ukrainy) <https://zakon. rada.gov.ua/laws/term/39198> (accessed: 25.04.2020) (in Ukrainian).
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