The notion and order of restoration of lost court proceedings in economic court trials
Journal Title: Правова позиція - Year 2016, Vol 2, Issue
Abstract
Scientific paper entitled “The notion and order of restoration of lost court proceedings in economic court trials” is dedicated to the topic that has become urgent since the start of the anti-terroristic operation in Ukraine. The Economic Code of Ukraine (ECU) does not contain articles defining such a notion as lost court proceeding, conditions under which economic court records are considered to be lost and legal grounds and procedures for the restoration of these proceedings if they were lost. However, on temporarily occupied territories of some parts of Donetsk and Luhansk oblasts in the course of anti-terroristic operation the courts of all levels and jurisdictions were moved to other places for the continuation of their work. In many cases the transportation of court archives and records for the ongoing court proceedings to the new venues was impossible. In such situations these court proceedings could only be considered lost. Despite the absence of relevant articles in the ECU the problems of lost court proceedings had to be solved immediately. Answers to the question of the restoration of lost court proceedings were given in the Plenum Resolution of the Supreme Economic Court of Ukraine № 2, 24 November 2014. The latter Resolution describes the main aspects of the restoration of lost court proceedings that should still be included in the ECU. Analyzing the content of this Resolution the article explores features of the restoration of lost court proceedings and offers its definition
Authors and Affiliations
О. А. Зуєва, П. В. Тихий
Keywords
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