18.01.2023

 

Procedural legislation has not been changed in this part and the rules of territorial jurisdiction enshrined in procedural codes remain in force. At the same time, as a result of the armed aggression of the russian federation, some courts found themselves in the occupied territories or under constant fire and danger to judges, staff, and visitors to the court, and some court buildings were significantly damaged or destroyed. This makes it impossible to administer justice in such courts. 

  

The Law of 03.03.2022 № 2112-IX "On Amendments to the Law of Ukraine" On the Judiciary and the Status of Judges "to change the jurisdiction of courts" provides that in connection with natural disasters, hostilities, measures to combat terrorism or other emergencies circumstances, the work of the court may be terminated with the simultaneous determination of another court that will administer justice in the territory of the court that ceased to operate and which is closest to the court whose work is terminated, or another designated court, by decision of the High Council of Justice. at the request of the Chairman of the Supreme Court, and in case of impossibility of the High Council of Justice to exercise its powers - by order of the Chairman of the Supreme Court. 

  

Orders to change the territorial jurisdiction of martial law have been available on the Supreme Court's website since the beginning of March. Example: 

  

• the order of 06.03.2022 № 1/0 / 9-22 changed the territorial jurisdiction of court cases of some courts of Donetsk, Kyiv, Luhansk, and Kherson regions; 

• the order of 08.03.2022 № 2/0 / 9-22 changed the territorial jurisdiction of court cases of some courts of Kharkiv and Chernihiv regions; 

• the order of 10.03.2022 № 4/0 / 9-22 changed the territorial jurisdiction of court cases of some courts of Zhytomyr, Zaporizhzhia, and Kharkiv regions; 

• the order of 12.03.2022 № 5/0 / 9-22 changed the territorial jurisdiction of court cases of some courts of Zaporizhzhia region; 

• the order of 14.03.2022 № 7/0 / 9-22 changed the territorial jurisdiction of court cases of some courts of Donetsk, Zaporizhzhia, and Kharkiv regions; 

• the order of 15.03.2022 № 8/0 / 9-22 changed the territorial jurisdiction of the Kramatorsk City Court of Donetsk region 

  

To avoid misunderstandings when filing lawsuits during martial law, we recommend checking the current jurisdiction of the cases on the website of the Supreme Court, as well as on the website of the relevant local court in the News section.