UKRAINE Trends and Developments Contributed by: Karina Panchenko, Alyona Bodnar and Dmytro Derkach, Miller Law Firm
Miller Law Firm Vvedenska 4, of. 1 Kyiv Ukraine Tel: +380 675 384 538
Email: office@millerlawfirm.ua Web: www.millerlawfirm.ua
Legislative Possibility of Filing Collective Actions in Ukraine Introduction The possibility of filing collective or group actions has existed in Ukraine’s national procedural legisla- tion since 2011, when the right to file claims for the protection of the rights and interests of an indefinite circle of persons was first introduced. Such claims represent a form of group litigation – a procedural mechanism recognised in global legal practice as an effective tool for protecting the rights and interests of a large number of individuals harmed by the actions or omissions of a single defendant. Group litigation enhances access to justice, promotes procedural economy, ensures the uniformity of judicial practice, and deters unlawful conduct. At present, Ukrainian legislation provides several legal bases that allow initiating claims aimed at protecting the rights of an indefinite circle of persons simultane- ously. Existing legal mechanisms Consumer protection Under Article 25 of the Law of Ukraine “on Consumer Protection”, consumer associations are entitled to bring actions before the court in the interests of an
The right derives from the Constitution of Ukraine, the Civil Code of Ukraine, the Aarhus Convention, and the Law of Ukraine “on Environmental Protection”. Advertising Under Article 27 of the Law of Ukraine “on Adver- tising”, state authorities may seek a ban on unlawful Pursuant to Article 42 of the Law of Ukraine “on Local Self-Government in Ukraine”, mayors of towns, vil- lages, and settlements may file claims challenging ille- gal acts of other public authorities or enterprises that violate the rights or interests of the local community. Practical absence of collective actions and the “work-around” via NGOs advertising or its public retraction. Protection of local communities Despite the existence of scattered provisions allow- ing for the protection of an indefinite circle of persons – particularly in consumer and environmental law – these mechanisms have not been effectively imple- mented in practice. In reality, collective protection of rights in Ukraine has been exercised through non-governmental organisa- tions (NGOs) acting as representatives of their mem- bers in court proceedings. A landmark example is the decision of the Grand Chamber of the Supreme Court dated 15 June 2021 in case No 904/6125/20 (proceeding No 12-27гс21). The Court held that an environmental NGO, acting on behalf of its members, had lawfully brought a claim seeking compensation for damage caused by the economic activities of several enterprises. The Court
indefinite number of consumers. Environmental collective claims
Citizens and environmental organisations may request that the court eliminate hazards or terminate activities that endanger the environment or human health.
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