In the Fifth Administrative Court of Appeal, the position of the Supreme Administrative Court regarding the suspension of the proceedings in the case due to the presence of the party in the ZSU was made public.
Thus, the Court of Appeals of the Supreme Court noted that Clause 5, Part 1, Art. 236 of the Civil Code of Ukraine stipulates that the court stops the proceedings in the case of the presence of a party or a third person who makes independent claims regarding the subject of the dispute, as part of the Armed Forces or other military formations formed in accordance with the law, transferred to martial law or involved in anti-terrorist operations , — to the termination of the stay of a party or a third person who makes independent claims regarding the subject of the dispute, as part of the Armed Forces or other military formations formed in accordance with the law, transferred to martial law or involved in anti-terrorist operations.
The court's duty to stop the proceedings in the case is determined by the objective impossibility of its consideration, caused by the presence of one of the circumstances provided for in the law, which prevent the consideration of the case, when the collected evidence does not allow establishing and evaluating certain circumstances (facts) that are the subject of the court proceedings.
In order to resolve the issue of stopping the proceedings in the case, the court in each case must find out what causes the impossibility of considering the case.
The Supreme Court drew attention to the fact that an unjustified suspension of the proceedings in the case may lead to the prolongation of the terms of its consideration and the stay of the participants in the case in a state of uncertainty, which imposes on the national courts the obligation to carry out a quick and effective consideration of the case within a reasonable period of time.
The construction of item 5, part 1, art. 236 of the Civil Code of Ukraine gives grounds for the conclusion that the reason for the suspension of the proceedings determined by him is not related to the fact of the introduction of martial law, but to the fact that the party in the case is a member of the Armed Forces, which has been transferred to martial law. At the same time, the above norm is of a temporary nature, i.e. it is limited to the period of stay of the party in the Armed Forces transferred to martial law.
Under this condition, the grounds for stopping the proceedings in the case are exhausted when the party's participation in the ZSU ceases. A participant in the case can stop participating in the armed forces even before the end of martial law, if such a possibility is provided for by legislation.
Therefore, the norm of Clause 5, Part 1, Art. 236 of the Civil Code of Ukraine may be applied by the courts when deciding the issue of stopping the proceedings in the case of the presence of an individual who is a party or a third party who makes independent claims regarding the subject of the dispute, as part of the Armed Forces or other military formations formed in accordance with the law, transferred to martial law or involved in an anti-terrorist operation, until the termination of the stay of such a natural person in the Armed Forces or other military formations formed in accordance with the law, transferred to martial law or involved in an anti-terrorist operation.
You can familiarize yourself with the resolution of the Supreme Administrative Court No. 852/2a-2/24 by link.
Thank you for being with us! Monobank for the support of the ElitExpert editorial office.
