• The Board of Judges of Ukraine passed the Decision No. 16 dd. March 23, 2012, which excluded court decisions in cases of adoption from the List of Court Decisions to be included in the Unified State Register of Court Decisions. Before that court decisions on adoption were included, among others, into the said Register under the Law of Ukraine "On Access to Court Decisions", which is publicly available on the Internet. Thus the right of secrecy of adoption guaranteed by article 226 of the Family Code of Ukraine was breached.

Higher Specialized Court of Ukraine Adopted a Series of New Regulations

  • The Plenum of the Higher Specialized Court of Ukraine dedicated to the consideration of civil and criminal cases adopted the following new regulations at the meeting held on March 30, 2012:
  1. Regulation No. 7 "On Amendments to the Scientific Advisory Board of the Supreme Court of Ukraine for the Consideration of Civil and Criminal Cases"
  2. Regulation No. 6 "On Court Practice of Applying Article 376 of the Civil Code of Ukraine (on the legal regulation of unauthorized construction)"
  3. Regulation No. 5 "On Practice of Law Application by Courts in Resolving Disputes Arising from Credit Relations"
  4. Regulation No. 4 "On Application of Civil Procedure Law in the Revision of Judicial Decisions on Newly Discovered Evidence"
  5. Regulation No. 3 "On Amendments and Additions to the Decision of the Plenum of the Supreme Court of Ukraine Dedicated to the Consideration of Applying Articles 353-360 of the Civil Procedure Code of Ukraine"
  6. Regulation No. 2 "On Courts Brief of Civil Actions for Damages Caused by a Source of Increased Danger for 2010-2011"

New Rules for Enforcement of Decisions Adopted

  • By its Order No. 512/5 dd. 02.04.2012 the Ministry of Justice of Ukraine approved the new Instructions on arranging the enforcement of decisions.

According to the Order, the following existing regulations shall become null and void:

  • Instructions on conducting executive actions, approved by the Ministry of Justice of Ukraine No. 74/5 dd. 15.12.99, except paragraph 5.11, subparagraph 5.12.5 paragraph 5.12 regarding the preparation for and holding weekly proceedings to determine a specialized organizations for selling the property seized by state enforcement officers, which continue to operate until the entry into force of the procedure for selling the property seized by state enforcement officers
  • Order of the Ministry of Justice of Ukraine No. 37/5 dd. 17.05.2004 "On approval of procedure for formation and functioning of enforcement groups at state enforcement agencies"
  • Order of the Ministry of Justice of Ukraine No. 38/5 dd. 17.05.2004 "On approval of transfer of enforcement materials from one state enforcement agency, or from one enforcement group, or from one state enforcement officer to another one".

The Instructions contain requirements for the form and content of enforcement documents, regulates the familiarization with the materials of enforcement proceedings, jurisdiction, and the procedure for depositing seized property of a debtor as well as the property assessment procedure and other issues.

The novelty of the Instruction is the collection of the enforcement duty only on the unpaid amount, if the debtor itself repaid part of the amount prior to the enforcement proceedings.

Special attention is paid to the possibility of selling real estate, to which minors have a title or the right of use.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.