|

Press center: Correspondence cases: problems and prospects

Issues concerning the correspondence of the cases today during the round table discussed judges, practicing lawyers, and scientists. The event was held at the Press center Information Agency LigaBusinessInform (Kiev, St. Shamrylo, 23).

The judge of Appellate court of Kiev Elena Lapichevskaya drew attention to the fact that the question of the speed of consideration of cases is one of the problem with examination correspondence. According to her, defendants are often reluctant to receive the message from the courts, and send back a notice of receipt.

The second problematic issue is the need to establish a court the validity or inadequacy of the reasons for the appearance of the defendant. “If the person has not appeared, the statement was not written, how the court of first instance should be set. That is, the question, in my opinion, no answer,” she said.

The third problematic issue concerns the demarcation of the case. “If you had submitted explanations by the Respondent in writing, if he does not agree with part or totally the requirements of any consideration in absentia speech can not go”, – said Elena Lapichevskaya.

“In addition, we need to look at that explaining to the rights of the plaintiff about the possibility of consideration of case in absentia proceedings, it would be advisable to prepare a memo on what gets and loses, the plaintiff in this consideration,” concluded the judge.

K. Yu.N., article scientific. et al., head of Department it of academician F. G. Burchak national Academy of legal Sciences of Ukraine Vladimir Bobrik turn, questioned the correspondence of production in civil proceedings. “If you look at the changes that are proposed, then the trial in absentia does not provide for his inclusion in other procedural codes. It remains only in the Civil procedure code. This shows, in principle, that specialists in economic, administrative process do not see special sense in such a procedure,” he said, adding that it is a mistake to think that absentee consideration is to accelerate the process.

The judge-speaker of the court of Appeal of Kyiv region Ludmila Sushko has the opposite opinion. According to her, when the legislator introduced the Civil procedure Code, the rate about correspondence considering, it came, primarily, from the fact that the main purpose of the decision in absentia is calling a defendant to court. “Until 2010 this provision was not. Accordingly, it was a very great abuse by the defendants on the delay of the proceedings and violations of terms of consideration of the case,” she said.

“I believe that the idea of a default judgment is correct. It encourages the defendant to appear in court and find out what he has problems to Express their opinion, provide objections, the relevant evidence,” said the judge.

At the same time she agreed that the Institute of correspondence consideration of business has a number of problematic issues. These issues, in her opinion, needs to address people’s deputies, making the appropriate changes to the legislation.

Also adviser of JSC “law firm “Vasil Kisil and Partners” Oleg Kachmar pointed to the possibility of amending legislation with the purpose of improvement of the Institute in absentia proceedings. “The entire judicial reform, which is being held today, aimed at the unloading of ships, reduction of production, to make the process faster and more efficient. With regard to the revision of the correspondence decision in appeal and cassation order, the default judgment cannot be reversed on mere formal grounds. In particular, it is not subject to cancellation of the default judgment in case the court of first instance rendered the default judgment without advising the defendant about the plaintiff reduce the size of the claim”, – he said.

“If there are any nuances that need to be clarified, to adjust, to settle, it is, and it must be done” – summed Oleg Kachmar.

Sign up for an account LIGA.net in Twitter, Facebook and Google+: one tape – all that is worth knowing about politics, economy, business and Finance.

Leave a comment

Confirm that you are not a bot - select a man with raised hand: