Courts will be able to request original documents during online hearings
This is reported by SUD.UA.
The authors of the draft bill explain that remote court hearings have already become common practice, but certain procedural issues remain unregulated by law.
One such gap concerns the procedure for submitting and examining original written, physical and electronic evidence during video conferences. At the same time, the law requires that evidence be examined directly by the court; otherwise, it cannot be used when reaching a decision.
What changes are being proposed
Draft Law No. 15355 provides for amendments to the Code of Civil Procedure, the Code of Commercial Procedure and the Code of Administrative Procedure of Ukraine.
The bill proposes adding a provision to the relevant articles that would allow the court, during an online hearing, to require a party to the case to produce the original evidence for examination.
In its ruling, the court will specify the method of submitting the document, the deadline for its submission and the procedure for its return. After inspection, the original will be returned to its owner.
What this means for parties to court proceedings
If the draft law is adopted, remote hearings will not eliminate the need to verify the authenticity of documents. The court will be able to officially request original evidence even when the case is being heard via videoconference.
According to the authors of the initiative, this should remove legal uncertainty during the examination of evidence and harmonise the rules for civil, commercial and administrative proceedings.
The explanatory note also states that the implementation of the draft law will not require any additional expenditure from the state budget.
Follow us on Telegram
