{"id":13505,"date":"2024-08-28T16:25:47","date_gmt":"2024-08-28T14:25:47","guid":{"rendered":"https:\/\/centreua.org\/?p=13505"},"modified":"2024-08-28T16:25:47","modified_gmt":"2024-08-28T14:25:47","slug":"changes-to-procedural-legislation","status":"publish","type":"post","link":"https:\/\/centreua.org\/en\/monitoring\/changes-to-procedural-legislation\/","title":{"rendered":"Changes to procedural legislation"},"content":{"rendered":"

Draft bill #<\/b>11508<\/b><\/a> of August 21, 2024<\/b>\u00a0<\/span><\/p>\n

Sponsor: <\/span><\/b>the Cabinet<\/span>\u00a0<\/span><\/p>\n

Status:<\/span><\/b> sent for review to the Committee on Legal Policy<\/span>\u00a0<\/span><\/p>\n

Who<\/span><\/b> is<\/span><\/b> affected<\/span><\/b>:<\/span><\/b> individuals who have had a judicial decision or ruling that has entered into legal force, courts, human rights organizations<\/span>\u00a0<\/span><\/p>\n

Summary: <\/span><\/b>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.<\/span>\u00a0<\/span><\/p>\n

What<\/span><\/b> is<\/span><\/b> right<\/span><\/b>: <\/span><\/b>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.<\/span>\u00a0<\/span><\/p>\n

Why<\/span><\/b> this<\/span><\/b> is<\/span><\/b> important<\/span><\/b>: <\/span><\/b>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.<\/span>\u00a0<\/span><\/p>\n

On February 14, 2024, the Constitutional Court <\/span>ruled<\/span><\/a> 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.<\/span>\u00a0<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

Draft bill #11508 of August 21, 2024\u00a0 Sponsor: the Cabinet\u00a0 Status: sent for review to the Committee on Legal Policy\u00a0 Who is affected: individuals who have had a judicial decision or ruling that has entered into legal force, courts, human rights organizations\u00a0 Summary: if the European Court of Human Rights has issued a ruling in […]<\/p>\n","protected":false},"author":52,"featured_media":11917,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[259],"tags":[],"level":[],"area":[],"coauthors":[1039],"class_list":["post-13505","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-monitoring"],"acf":[],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t