Regarding: Joining into one case demands that there should be decided by the rules of diffrent jurisdictions
Partner: Oleksiy Bezhevec
Court: Borispol city-district court of Kiev region; Appeal court of Kiev region.
Dates: February, 2009; July 2009
 

Commentary:

This case is an example of application by a court of Article 16 of Civil Procedural Court of Ukraine.  According to the Decree No. 2 of the Supreme Court of the Ukraine from 06/12/2009, deciding the issues of proceeding the suit, the court must follow the Article 124 of the Constitution of Ukraine that proclaims that jurisdiction of the courts extends to all legal relations that arise in the State; under the Parts 1 and 2 of the Article15 of the Civil Procedural Code of Ukraine, cases which shall be settled under civil proceeding are: cases on protection of violated, non-recognized or disputed rights, freedoms or interests, which arise from civil, housing, land, family, labor relations, as well as other legal relations, except situations when under Administration Code of Ukraine (Article 17) or Commercial Procedural Code  resolution of such cases should be conducted by administration or commercial courts.
Since Article 16 of the Civil Procedural Code prohibits joining into one proceeding claims that are subject to consideration under the rules of different jurisdictions, unless otherwise is provided by law, the court must proceed with a suit in part, considering the claims that fall under civil jurisdiction and deny to proceed with the suit regarding the claims that should be disputed under the rules of different jurisdiction.