Draft bill #11508 of August 21, 2024
Sponsor: the Cabinet
Status: sent for review to the Committee on Legal Policy
Who is affected: individuals who have had a judicial decision or ruling that has entered into legal force, courts, human rights organizations
Summary: if the European Court of Human Rights has issued a ruling in a case concerning Ukraine, a person can appeal to a Ukrainian court to reconsider an old decision even if more than 10 years have passed since its adoption.
What is right: procedural legislation is being aligned with the ruling of the Constitutional Court of Ukraine. It will ensure the effective realization of human rights to judicial protection.
Why this is important: according to current legislation, a request for the review of a judicial decision based on newly discovered or exceptional circumstances can only be submitted no later than 10 years after that judicial decision has entered into legal force.
On February 14, 2024, the Constitutional Court ruled that these provisions are unconstitutional. The reason is that they deprive individuals of the right to appeal to Ukrainian courts or international judicial bodies if more than 10 years have passed after the judicial decision.