Obtaining a court decision under martial law

Family lawyer
My name is Alexey Nikolaevich Skryabin, I am a practicing lawyer. I have been practicing law throughout Ukraine since 2007. I have been providing legal services to individuals for a long time. In this article, I will tell you about obtaining a court decision under martial law.

Obtaining a court decision under martial law

Many are asking how and where to apply in order to obtain a court decision made by the court before February 24, 2022, if the court is located in temporarily occupied territory and this court will no longer carry out legal proceedings (Primorsky District Court of Zaporozhye Region, Berdyansk City District Court of Zaporozhye Region) region, Melitopol city district court of Zaporozhye region, etc.). 

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Currently, on the official websites of the courts located in the temporarily occupied territory, there are messages according to which, by order of the Supreme Court dated March 12, 2022 No. 5/0/9-22, taking into account the inability of the courts to administer justice during martial law, the territorial jurisdiction of the courts was changed affairs .

For example, the official website of the Primorsky District Court of the Zaporozhye Region contains a message that the Supreme Court, by order dated March 12, 2022 No. 5/0/9-22, changed the territorial jurisdiction of court cases to the Dnipropetrovsk District Court of the Dnipropetrovsk Region.

The State Judicial Administration of Ukraine, by order No. 92 dated March 24, 2021, amended the Instructions for record keeping in local and appellate courts of Ukraine. As determined by the order, changes are being made to simplify the procedure for certification and issuance of copies of court decisions and documents. In particular, paragraph 12 of Section XI was supplemented with a second paragraph with the following content: “If it is impossible to issue a copy of the court decision in the court that adopted the court decision, such a copy can be made from the Unified State Socialist Statute of Socialist Republics at the request of the person by the court that has determined the territorial jurisdiction of the cases, or court of appeal with jurisdiction established by law.”

Therefore, you or your lawyer need to apply to the court in the controlled territory of Ukraine, which hears cases instead of the court from the temporarily occupied territory, and ask to make a copy of the court decision you need from the Unified State Register of Court Decisions. Be sure to indicate your personal information, case number, essence of the dispute, and date of the decision. 

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Candidate of Legal Sciences
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