The UBA Committee Submitted a Legal Opinion in a Case on Moral Damages Compensation
On December 6, 2024, the UBA Procedural Law Committee submitted a letter to the Supreme Court regarding Case No. 930/771/23, currently under review by the United Chamber of the Cassation Civil Court. The case involves a claim by Mykola Kravchuk against the Nemyriv District Police Department of the Main Directorate of the National Police in the Vinnytsia Region, seeking compensation for moral damages.
The UBA Committee emphasized: «The proper resolution of this case by the Supreme Court is critically important for ensuring consistency in legal practice, effective protection of violated rights and freedoms, and fostering public trust in the judiciary».
In its letter, the UBA Committee noted that the submission of independent opinions by expert groups or individual specialists (amici curiae, Latin for «friends of the court») is a common practice in both foreign legal systems and international judiciary proceedings. Such opinions aim to assist courts by providing impartial insights into legal norms.
The opinion addresses the requirements for signing an appeal and challenges the formalistic approach to its placement. The UBA stressed that procedural law does not stipulate where a signature must be placed, and rejecting a document on such grounds contradicts the purpose of civil proceedings and infringes on the right to judicial protection.
The full text of the UBA Committee's letter is available at the provided link.