The lawyer in Kiev will not allow the delay of procedural cases

It is not a secret for more or less experienced procedural lawyers that the process (civil, economic, administrative) can be delayed. In our Ukrainian realities, this is often abused by the parties to the process. The situation with procedural sabotage is very disappointing. Courts often go along with protracted proceedings. A lawyer in Kiev will talk about several common situations and possible ways of countering.



Economic process
The most popular way to delay cases in economic courts is to appeal against court rulings at any stage of the process. For example, if a decision on the opening of proceedings is made, it is appealed to all instances (appellate, cassation). Accordingly, the time of appointment of the case is delayed, the case materials are “sent to the place of claim” (the court’s favorite motivation), which is the basis for postponing the consideration of the case (in essence, this is not provided for by the CPC), and the judges politely shrug their shoulders explain that they are powerless in this case.
“Judges’ powerlessness” may continue to manifest itself when the case is already scheduled for consideration. Numerous transfers of the case on a variety of petitions of the other party, on the most "respectful" grounds.



Do not forget about the request to ensure the technical fixation of the case in the economic process, which again entails numerous transfers of the case. The lawyer in Kiev recalls all sorts of simulations already directly in the court session (when the long-awaited meeting nevertheless took place), as well as comments to the minutes of the meeting. And when we finally waited for the decision – again appeal, again consideration of the case in appeal, again old cockroaches.



Civil proceedings
The situation here is somewhat different from the situation in economic courts. Given the recent changes in the procedural law, it is already impossible not to appear in court many times for good reasons. Dragging is carried out by appealing all decisions of the court of first instance, which can be appealed separately from the court decision, the appointment of forensic examinations at the initiative of the participants in the process, the reassignment of these examinations due to their unpaid, incompleteness, etc. And of course, the judge will be disqualified.
There are many other ways to delay the process, against which our justice is powerless. Usually we are not talking about stimulating representatives of the femis with various material benefits. In the latter case, our judges themselves will find many ways and techniques to delay the process (even illegal ways). Our lawyers in Kyiv will provide high-quality legal services to speed up the process of release from litigation.

"When will this all be over?" Ask yourself a question. Just when you start taking action! By virtue of the requirements of Part 1 of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms (to which Ukraine is a party), everyone has the right to a trial when deciding by a court on his civil rights and obligations.
According to the Law of Ukraine “On the implementation of decisions and the application of the practice of the European Court of Human Rights”, the implementation of decisions of this court is mandatory throughout Ukraine.
The only effective mechanism to counter procedural sabotage is your active position in the process. Namely, the presentation of various kinds of appeals that could, so to speak, “cover” the appeals of the other party, which contribute to dragging the process.

The current procedural legislation of Ukraine, although set deadlines for consideration of cases in courts, but judges do not always adhere to these deadlines. An active position in the process is not only the submission of individual applications and complaints, it is a constant stay in the knowledge of the case, which includes regular acquaintance with the case materials, communication with judges and their assistants, submission of counter documents for the actions of the other party in the case. Therefore, be vigilant and do not allow yourself to enter the endless whirlwind of litigation.