FINDINGS OF THE MONITORING BY COURT TYPE The monitors did not report any cases when the court made any comments and actions which showed disrespect to a person by race, sex, nationality, religion, political opinions, social and economic status, physical disabilities or other forms of discrimination. In 86% of cases the judge did not get distracted from the hearing and listened to the parties attentively. In other cases, the monitors noted that the judges got distracted from the proceedings or were not paying attention. As a rule, those were members of panels, who got distracted by their mobile phones. From the questionnaires of monitors about commercial courts (of different levels and regions): “In the course of the trial while studying the motion of the plaintiff’s representative, the judge got distracted by talking to someone on the phone”. “The judge twice answered phone calls during the hearing”. “The judge did not listen to the plaintiff; he was typing something in his phone”. In 91% of cases the participants of the trial observed ethical norms and due communication culture. On certain occasions the monitors noted violations of ethical norms and communication culture by the participants, specifically the overly emotional conduct of the parties. From the questionnaires of monitors about commercial courts: “The representative of the plaintiff violated ethical norms and took actions which precluded the further conducting of the trial (the representative left the courtroom)”. “The representatives of the plaintiff and the independent attendees showed disrespect (once an independent attendee made a threat against the representative of the defendant and the court), they made comments all the time, but the judge, in my opinion, did not take sufficient action to prevent this conduct”. These indicators are worse than in other courts. As a rule, the representatives of the parties participate in commercial trials rather than the parties themselves, so the level of emotion should have been lower. This result may either be explained by an error (the difference between the ratings of courts of different jurisdictions by these indicators varies from 1 to 6 percent), or by the fact that the participants are mostly professional lawyers, and there might be tensions in case their interpretation of the law differs from that of the court. CULTURE OF CONDUCTING THE TRIAL IN COMMERCIAL COURTS 4 -5 30 0 5 MONITORING OF ADHERENCE TO FAIR TRIAL STANDARDS IN UKRAINE