A people’s deputy of Ukraine Ruslan Kniazevych is offering a new procedure of recovery of the lost materials of the court cases. In this respect he presented for consideration of Verkhovna Rada of Ukraine a draft law No. 3343 “On introduction of amendments to the Law of Ukraine “On ensuring rights and freedoms of people and legal regime at the temporarily occupied territory of Ukraine” regarding the procedure of recovery of the lost materials of the case”
Yan Akhramovich, an attorney at law at Simferopol office of Ilyashev & Partners Law Firm, in his comment for the Yurydychna Praktyka states as follows: “It is understood that the main idea of the draft law is adjustment of the procedure of recovery of the materials of the court proceedings which (in connection with circumstances originated at the Republic of Crimea) cannot be considered by courts of Ukraine located at the occupied territory of Crimea. Thus, at the opinion of the author of the draft law it will be possible to legally and lawfully achieve proper execution of such right guaranteed by Article 6(1) of the Convention for the protection of human rights and fundamental freedoms as the right for fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.
The draft law is aimed at simplifying the procedure of recovery of the cases of the lost materials of the court proceedings. The same goal is pursued by the draft law No. 2930 as of May 21, 2015. The main dissimilarities of the commented draft law is that it concerns the matters of settlement of the procedure related to recovery of the lost court materials at the territory of Autonomous Republic of Crimea which is not stipulated by the draft law No. 2930. Apart from that the commented draft law offers to introduce amendments to the procedure of reopening all the court proceedings not being limited by the criminal cases. In such way the mentioned draft law mainly helps to perform the provision of Article 6(1) of the Convention for the protection of human rights and fundamental freedoms guaranteeing the right for fair and public hearing within a reasonable time by an independent and impartial tribunal established by law to any person both in case of the dispute related to his civil rights and interests, as well as in case of bringing any criminal charges against him.
The commented draft law proposes to introduce amendments to Article 12 of the Law which is aimed to ensure the possibility of consideration of cases which were previously within jurisdiction of the courts located at the territory of the Republic of Crimea and the city of Sevastopol. At the same time at the moment its provisions do not stipulate for a legal procedure of admitting by courts of the cases in the event of changing their jurisdiction when proceedings were carried out at the court located at the occupied territory. It needs to be mentioned that as of the moment of occupation the quantity of opened cases considered by the courts of the Autonomous Republic of Crimea and the city of Sevastopol was measured in tens of thousands. The draft of the commented law offers to consider the mentioned cases as lost and establish a legislative procedure of their recovery through legislative formalization of the possibility to recover the cases located at the territory of the Republic of Crimea similar to the procedure stipulated by Articles 402 and 405 of the Civil Code of Ukraine. The draft law also proposes an additional Article which will secure powers of the prosecutor’s bodies in the process of reopening the proceedings located at the territory of the Republic of Crimea or the city of Sevastopol by providing them a possibility to claim (under the court order) copies of the cases from other participants of the proceedings”.