ADMINISTRATIVE OFFENCE CASES
In 60% of cases the courts heard the cases in the courtroom, which is the worst score compared to other case
types.
From the questionnaire of a monitor on an administrative offence case:
“The hearing took place in the judges’ chambers despite the fact the courtrooms were vacant”.
In 52% of cases the judges were not interested in who else, except the parties to the administrative offence case,
came to the hearing.
In 73% of cases, when opening the court hearing, the court announced which case was being considered; in
65% of cases the presiding judge announced the composition of the court at the hearing.
The monitors had no obstacles from the court in making audio recordings of the proceedings in administrative
offence cases.
In 89% of cases, when a court judgement was supposed to be pronounced, the court did this publicly. There
were several cases when the judge did not leave for the deliberations room and announced his judgement
without reading aloud the text of the ruling on the administrative offence. In two cases, the judgement was not
announced at the end of the hearing, and only afterwards the respective rulings were published in the Unified
State Registry of Court judgements.
PUBLICITY IN CASES ON ADMINISTRATIVE OFFENCES
2,8
-5
0
5
IMPARTIALITY OF THE COURT AND OBSERVANCE OF THE EQUALITY
OF ARMS PRINCIPLE
In 87% of cases the presiding judge informed the parties of their right to demand the recusal of a judge.
In 96% of cases the monitors reported that the judge did not ignore the age, general level of development,
psychological and physical status of the trial participants when explaining to them their procedural rights.
In 99% of cases the judge heard the arguments of the participants of the trial in all the cases when it was
provided for by the procedural law.
In 96% the judge paid attention to the arguments and motions of the parties to the case, and did not turn them
down without due justification.
In 88% of cases the judge allowed the parties to get familiarized with documents and evidence in the case
provided they filed respective motions.
The law does not provide for debate in administrative offence cases, thus, this indicator was not measured.
In 99% of cases the judge did not exercise any moral pressure on the trial participants. However, there were cases
when the judge tried to deceive the person who was being brought to justice for an administrative offence to
make him confess of committing the administrative offence. The judge said that this confession would serve as
grounds for not bringing the person to justice for a criminal or disciplinary offence.
Report on the findings of the first trial monitoring programme in Ukraine
53
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