FINDINGS OF THE MONITORING BY COURT TYPE
REASONABLE TIME
According to the assessment of the monitors, the court took effective measures to encourage the parties to
settle only in 61% of those cases where it was necessary. Only in 20% of cases the court hearing started on time
or with a delay of up to 5 minutes.
As for those cases, when the hearings scheduled for monitoring did not take place, unfortunately the
questionnaire did not include questions in which cases and which courts they were supposed to take place.
COMMERCIAL COURTS
8
The programme monitors visited 179 hearings in commercial courts,
including:
138 cases – in first instance courts;
33
179
HEARINGS
33 cases – in courts of appeal;
138
8 cases – in cassation courts (High Commercial Court of Ukraine).
At the time of monitoring, the commercial courts considered exclusively commercial cases (mostly, disputes
between legal entities), including bankruptcy cases.
ADHERENCE TO GENERAL RULES OF PROCEDURE
According to the monitors, the judges of commercial courts conducted
the hearings:
impeccably in 46 % of the cases;
5%
THE JUDGES OF 46%
COMMERCIAL
COURTS
49%
with minor violations – in 49 % of the cases;
with gross violations of the rules of procedure and/or
the rights of the participants of the trial – in 5 % of the cases.
The overall impression of the monitors regarding the observance of the rules of procedure in commercial courts
is somewhat better than in general courts; however, it is worse compared to administrative courts.
In 88% of cases the judge considered the case wearing a robe and a badge.
26
MONITORING OF ADHERENCE TO FAIR TRIAL STANDARDS IN UKRAINE
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents