Supreme Court: ways to change the subject or grounds of the claim! supplement and clarify the claims
On February 20! 2024! the Supreme Court! as part of the panel of judges of the Ways to change Economic Court of Cassation! in case No. 922/3960/23 (EDRSRU No. 117105828)! examined the issue of methods for changing theubject or grounds of the claim! supplementing and clarifying the claims.
The procedure for applying to a commercial court! as well as conducting court truemoney data proceedings in a commercial case! is regulated by the relevant norms of procedural law – the Code of Civil Procedure of Ukraine.
Article 14 of the Code of Civil Procedure
Ukraine stipulates that the court shall consider cases only upon the as helping to retain talent and reduce staff turnover application of a person filed in accordance with this Code! within the limits of the claims stated by him and on the basis of evidence submitted by the Ways to change participants in the case or requested by the court in the cases provided for by this Code.
The collection of evidence in commercial cases is not the duty of the court! except in the cases established by this Code. A participant in the case shall dispose of his rights regarding the subject of the dispute at his own discretion. Such right shall also be enjoyed by persons in whose interests the claims have been filed! with the exception of those persons who do not have procedural capacity.
According to the provisions of Article 162 of the Civil Procedure Code of Ukraine
In the statement of claim! the plaintiff sets out his claims regarding the subject azb directory of the dispute and their justification. The statement of claim is submitted to the court in writing and signed by the plaintiff or his representative or another person who is granted the right by law to apply to the court in the interests of another person.