On behalf of Legal High School, our managing partner was honored to open the block «Strategy and Tactics of the Court Process. Proving. Opposition to procedural sabotage». Ihor Kravtsov, managing partner at Evris, told about the determination of the jurisdiction of the dispute in the related legal relations.
The lecturer exposed that in spite of many types of legal relations, during this lecture there will be discussed the types of the subject of legal regulation.
«In the judicial aspect, under the judicial jurisdiction, it is understood that the competence of the specially authorized judicial authorities to administer justice in the form of a legal form of legal proceedings concerning the range of legal relations», – reminded Mr. Kravtsov.
He then described three main criteria for the delineation of jurisdiction: the subject, which is determined by the subject structure of the legal relationship; substantive, when the nature of controversial material relationships is often the key to determining jurisdiction; and the third criterion, special, is determined by direct indication of the law in the form of the relevant legal relationship.
Ihor Kravtsov also shared statistics for the first half of 2018. In particular, according to the number of cases, the undisputed leader has become an administrative jurisdiction, at its account 60 092. In the second place, civil proceedings with a figure of 41 thousand cases, followed by economic – 10 723 and criminal – 9 916.
Ihor Kravtsov in practical examples explained the definition of jurisdiction in the most widespread legal relationships. The first example is credit relations. According to him, very often this category of cases was transferred between jurisdictions. Last March, the Grand Chamber of the Supreme Court (AP) came to the conclusion that the debtor (legal or natural person) has priority as a matter of determining jurisdiction since the claims arising from the suretyship or pledge are the accessory ones. If the lawsuit is filed before December 15, 2017, then the jurisdiction is civil (the guarantor – FO), explained the lecturer.
Mr. Kravtsov referred the following practical examples for demarcating civil and administrative jurisdictions, economic and administrative jurisdiction. According to him, the most controversial are disputes about the appeal of registration actions. A clear position on this issue in 2017 was expressed by the Supreme Court of Ukraine: if there is a dispute about the right – it belongs to economic jurisdiction.