Legal Department

On the territory of ATO courts officially ceased their activities

  • 29 September 2014
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Who is going to administer justice in the territory, which is actually in a state of war, but where still live millions of people? Where courts will relocate and to whom should apply citizens of Lugansk and Donetsk regions? All these questions were answered by the activist of the NGO “Rozvytok Hromady” (“Community Development”), the lawyer Andriy Bolyubash.
 
By order dated September 22, No. 124 State judicial administration of Ukraine adopted a number of measures to implement the provisions of the Law “On the administration of justice and criminal proceedings in connection with the conduct of anti-terrorist operation”.

“This document assumes that the termination or resumption of the work of the courts in the ATO territory is based on the decree of the President of the court, which may contain provisions about the establishment of separate or special modes of operation. Most civil and criminal cases from Lugansk vessels transferred to other vessels in the area. Cases of Luhansk regional court of appeals shall consider the appeal court of the Kharkiv region. Cases of courts that ceased their activity in Donetsk region are transferred for consideration to the courts not only in Donetsk and Zaporozhye regions, but also in Dnipropetrovsk region. Cases of Appeal Court of Donetsk region are considering by the Court of Appeal of Zaporizhzhya region.” - said         A. Bolyubash.

 
Cases of commercial courts which situated near ATO territory will be consider by:
Commercial Court of Zaporozhzhya Region – will consider cases of Commercial Court of Donetsk region; Commercial Court of Kharkiv Oblast - will consider cases of Commercial Court of Lugansk region; Kharkov Economic Court of Appeal - cases that are subjected for revision by Donetsk Economic Court of Appeal.

The consideration of administrative cases within the jurisdiction of the courts located in the ATO territory will be performed by: Zaporizhzhya District Administrative Court - will consider cases of Donetsk Administrative Court; Kharkiv District Administrative Court - will consider cases of Luhansk District Administrative Court; Kharkiv Administrative Court of Appeal - - cases that are subjected for revision by Donetsk Administrative Court of Appeal.
 
The transfer of cases from the ATO territory will certainly speed up their review, the judges will be aware of the responsibility and about the urgency of solving them. We understand, that citizens who now live in the area where the actual combat operations are conducted, need, more than ever, protection and justice - said the lawyer.

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