When a QR Code Confirms the Signature of a Claim and Under What Conditions an Expert's Conclusion Is Evidence: The Supreme Court Updated the Practice Review
The Supreme Court updated the review of judicial practice regarding the application of the Commercial Procedural Code of Ukraine, supplementing it with new legal positions on issues of digitalization, judicial expertise, evidence, disputes with a foreign element, jurisdiction, procedural guarantees, and the limits of judicial decision review.
The following practical issues are highlighted in the sections:
− in the field of digitalization and identification: whether placing a QR code of an electronic signature on paper outside the "Electronic Court" system constitutes a proper signature of the claim and how the conditional codes of ESICS relate to the codes of EDRPOU for prosecution authorities;
− in the field of evidence and expertise: under what conditions an expert’s conclusion commissioned by a party to the case is proper and admissible evidence and whether the court has the right to change a previously appointed expert institution;
− in the field of proceedings with a foreign element: the procedure for confirming the procedural legal capacity and legal competence of a foreign person in commercial proceedings and the consequences of their improper confirmation;
− in the field of arbitration: which court has priority in considering a dispute if the arbitration agreement is recognized as unenforceable;
− jurisdiction in the field of property protection: according to the rules of which proceedings disputes regarding unauthorized construction on communal lands are considered and who is the proper defendant in cases about its demolition;
− in the field of procedural filters: whether cassation will cancel a decision if the rights of a non-involved person are affected only in the reasoning part, and whether the absence of a signature of one of the judges of the panel is grounds for canceling the decision.
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