The Supreme Court may switch to written consideration of cases: the Rada proposes to change the rules of cassation proceedings

In Ukraine, new rules for the consideration of economic and administrative cases in cassation courts may be introduced. During a state of martial law or emergency, some proceedings are proposed to be considered without holding oral court hearings. At the same time, participants in the cases will be guaranteed the right to request personal participation in the hearing.

The relevant changes are provided for by draft law No. 16140, registered in the Verkhovna Rada.

What changes are proposed to be introduced

The legislative initiative provides for a special temporary procedure for cassation review of court decisions during a state of martial law or emergency.

In particular, it is proposed:

In economic proceedings, to make written cassation proceedings a general rule.

In administrative proceedings, to expand the grounds for written consideration of cases, adding the effect of a state of martial law or emergency to them.

For participants in the process, to retain the opportunity to submit written explanations, objections, and requests for a court hearing.

The purpose of the proposed changes is to ensure the continuity of the administration of justice and reduce the dependence of the work of cassation courts on the security situation.

Will the parties be able to demand a court hearing?

Despite the introduction of written proceedings, the participants in the cases will not lose the opportunity to apply to the court with a request to conduct an oral hearing.

According to the draft law, the court will have to justify the refusal to satisfy such a request.

In addition, if the written procedure does not allow ensuring the parties’ right to a fair trial, the cassation court will have the opportunity to schedule a hearing.

Thus, the written hearing is proposed to be used as the main mechanism, but not as an unconditional ban on oral hearings.

How long will the new rules be in effect?

The draft law provides that the special procedure for cassation proceedings may be applied not only during a state of war or emergency.

It is also proposed to extend its effect for 90 days after the termination or abolition of the relevant legal regime.

This will apply to proceedings opened before the date of termination or cancellation of the state of martial law or emergency.

What will this mean for participants in legal proceedings

If the draft law is adopted, some cassation cases will be able to be considered on the basis of written materials without the mandatory holding of an oral hearing.

At the same time, the parties will retain procedural opportunities to present their position and request a court hearing.

Currently, draft law No. 16140 has only been registered in the Verkhovna Rada. The proposed changes have not yet entered into force and require parliamentary procedure.