Determining the jurisdiction of the court: the lawyers have discussed the rules and problems


How to determine the jurisdiction of the court correctly, where to apply for protection of violated rights and legitimate interests, in particular, regarding real estate, land, return of deposits of natural person, the organization of public tenders and the conclusion of contracts based on their results?

The problems of determining the jurisdiction of the court, which legal practitioners face almost every day, were discussed by scholars, lawyers and judges during the webinar on "Jurisdictional Disputes in Law Enforcement".

The event was organized by the Committee on Agrarian and Land Law of the UNBA together with the Center for Research of Administrative Justice of the Kyiv Regional Center of the National Academy of Legal Sciences of Ukraine. The event was held with the administrative support of Sofiya Law Firm.

The moderator of the webinar, the Sofiya Law Firm partner Mr Oleksandr Polivodskyy noted that the previous online discussion on the jurisdiction of land disputes not only aroused great interest among experts but also became an occasion to think about deeper aspects: how and on what basis the judicial system should perform, as well as how to apply the current legislation in practice.

One of the distinctive negative consequences of legal uncertainty is "procedural tourism", when unscrupulous representatives file several lawsuits in courts of different jurisdictions. "It can be abused where there is no legal certainty," Mr Oleksandr Polivodskyy is convinced. - Then the cheating from the side of the dispute begins. So, as long as there is such uncertainty in the legislation, unscrupulous representatives of the parties will take advantage of it. Therefore, the process is delayed for many years… ».

During the event, participants explored the criteria for delimitation of jurisdiction in accordance with current practice of the Supreme Court, and identified features of jurisdiction over real estate rights, jurisdiction in land disputes with local self-governments, disputes involving the DGF, intellectual property and disputes over the organization and conduct public procurement.

The participants in the discussion of problems are as follows:

Anton Monaienko - Head of the Center for Research of Administrative Justice Problems of the Kyiv Regional Center of the National Academy of Legal Sciences of Ukraine;

Yurii Bauman - attorney, Chairman of the Committee on Administrative Law and Procedure of the UNBA;

Jan Biloholovyi - attorney, member of the Committee on Agrarian and Land Law of the UNBA;

Vadym Mostepaniuk - Head of the Department for Representation in Courts and Enforcement Proceedings of the DGF;

Olga Nikolaieva - Judge of the Kharkiv Circuit Administrative Court;

Mykola Pototskyi - Director for Law and Administration of State Registers of Ukrpatent (UIPI), Chairman of the UNBA Intellectual Property Committee;

Mykhailo Khomenko - Associate Professor of Civil Law, Taras Shevchenko National University of Kyiv.

We remind that current educational events on agrarian and land law can be viewed on the Youtube channel Sofiya Law Firm.



24.06.2020
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