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Is not a secret for more or less experienced lawyers processualists the fact that the process (civil, commercial, administrative) can be tightened. In our Ukrainian realities that are often abused by side of the process. The situation with the procedural sabotage is very disappointing. Courts often go on about the addictive process. Lawyer in Kiev will discuss several common situations and possible ways to counter.
The most popular way of tightening the cases to the economic courts is an appeal of the decision of the court at any stage of the process. For example, if you made a decision for commencement – it appealed to all instances (appeal and cassation). Accordingly, the time assignment of the case is delayed, the case "sent in place" (our favorite reasons of the court) that is the basis for adjournment of the proceedings (in fact it is not stipulated in the CCP), and the judges politely shrugging explain that they in this case is powerless.
"The impotence of judges" may occur in the future, when it is scheduled for consideration. Numerous transfers of the case for a variety of applications other hand, the "good" reasons.
Don't forget the petition on the technical fixing of the case in the economic process, which again involves numerous transfers of the case. Lawyer in Kiev recalls a different kind of inzhenerivka directly at the hearing (when the meeting took place), as well as the comments to the Protocol. And when we finally came to the solution – again, appeal again the case on appeal, again the old cockroaches.
Here the situation is somewhat different from the situation in the courts. Given the recent changes in the procedural law, it is impossible many times to appear in court for a valid reason. Taking the path of appeal against all judgments of the court of first instance, which may be appealed separately from the decision of the court, appointment of judicial expertise on the initiative of the participants in the process, the reassignment of these examinations in respect of their non-payment, incomplete and the like. And of course the removal of the judge (where the same without him).
There are many other ways to slip process, against which our justice is powerless. Usually not talking about the incentives of the representatives of Themis different material goods. In the latter case, our judges will find a variety of methods and techniques for delaying the process (even illegal means). Our lawyers in Kiev will provide high quality legal services to expedite the release from litigation.
"And when all this will end?" You ask yourself a question. When You start active actions! Of the requirements of part 1 of article 6 of the Convention for the protection of human rights and fundamental freedoms (which is Ukraine), everyone at the decision court of a question concerning his civil rights and obligations has the right to a trial.
According to the law of Ukraine "On execution of decisions and application of practice of European court on human rights", implementation of the decisions of this court is binding on the territory of Ukraine.
The only effective mechanism of counteraction to procedural sabotage is Your active position in the process. Namely, the representation of different kinds of applications that would, so to speak, "to cover" treatment the other hand, which contribute to the lifting process.
The current procedural legislation of Ukraine though and set deadlines for consideration of cases in courts, but judges do not always adhere to these deadlines.Active position in the process is not only individual applications and complaints is a permanent stay in the know, which includes regularly reviewing the case materials, communicating with referees and their assistants, filing of counter-documents the actions of the other side of the case.Therefore, be vigilant and don't let to enter the endless waltz of litigation.