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03.03.2010

Draft law on increased liability for non-enforcement of court rulings

   

The Verkhovna Rada has passed at its first reading a draft law “On amendments to the Code of Administrative Justice (on ensuring unconditional enforcement of court rulings)” (№5165).

The amendments are proposed in order to stop wide-scale non-enforcement of administrative court rulings and ensuring total enforcement of those rulings by using fines, dismissals of officials and bans on them occupying the relevant position for a certain time in cases where those in authority are found to have ignored the rulings. 

This, according to the government website, is to be achieved via amendments to Articles 257, 267 and 269 of the Code of Administrative Justice, as well as by adding a new Article 273 “Fines”.

The draft law would allow the courts to impose fines of from 100 to 200 times the minimum wage before tax for various forms of contempt for the court (not appearing in response to a court summons, not informing of the reasons, or of change of address, giving a false address).  These could also be imposed on an official who did not ensure that the relevant representative of the authorities, an enterprise, institution or organization appeared at a court hearing. Fines would also be deducted from the head of a body, or its account for failure to provide evidence demanded by the court, or not informing of the reasons for failure to report, or carry out other demands from the court leading to unwarranted delay in the court examination.

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