FINDINGS OF THE MONITORING BY COURT TYPE
CONCLUSIONS
The findings of the monitoring show that the administrative courts observe the rules of procedure more often
than the courts of general and commercial jurisdictions.
The administrative courts also demonstrated higher scores of publicity,
impartiality and culture of conducting
judicial proceedings. It is important to
note that commercial courts are the
least ready for the publicity of judicial
proceedings.
Despite certain stereotypes related to
the “elite” nature of commercial courts,
the questionnaires of monitors did not
confirm that the judges of these courts
and trial participants demonstrate better
conduct standards than in other courts.
OBSERVANCE OF THE PROCEDURE
100
80
7%
48%
2%
6%
49%
36%
poor
57%
average
60
40
20
0
45%
General
courts
46%
impeccable
Commercial
courts
Administrative
courts
A striking difference in the application
of settlement procedures by the courts
of different jurisdictions became clear.
According to the monitors, the first instance
5
courts took efficient measures to encourage
General courts
4
the parties to settle in 61% of those cases
where it was needed. Commercial courts did
3
Commercial
the same in 89% of cases. At the same time,
courts
in administrative courts the monitors did
2
not note any cases of the kind despite the
Administrative
1
existence of this concept in the respective
courts
procedural law. This phenomenon calls
0
for further investigation (for example,
by verifying the efficiency of settlement
activities based on the registry of court judgements or court statistics) and study. In case this conclusion is
confirmed, the experience of commercial courts regarding settlement might be of interest to the courts of other
jurisdictions.
OBSERVANCE BY THE COURT OF THE PRINCIPLES OF PUBLICITY,
IMPARTIALITY, EQUALITY OF ARMS AND THE CULTURE
OF CONDUCTING JUDICIAL PROCEEDINGS
The higher the instance, the fewer violations the monitors noticed.
40
MONITORING OF ADHERENCE TO FAIR TRIAL STANDARDS IN UKRAINE
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