GENERAL FINDINGS AND RECOMMENDATIONS
FINDINGS
PUBLICITY
Mostly, the courts adhere
to the principle of publicity
(openness).
In case you have an ID, it is
possible to get inside the
court building without any
obstacles.
As a rule, all the interested
persons have free access to
the court hearing room.
However!
every fifth case is considered by judges in their
office, even if there is a vacant courtroom;
every fifth case is not posted on the information
board at the court, and every tenth – on the
court’s web-site;
in each fifth case the court does not announce
the composition of the court, and in each tenth
case – the case which is being considered;
in every twentieth case considered in an open
court hearing, the court judgement is not
pronounced publicly.
IMPARTIALITY AND EQUALITY
In the majority of the cases heard in front of the monitors, the courts
demonstrated impartiality and provided for equality of arms.
The judges seldom showed disrespect or
discrimination.
As a rule, the courts heard out the opinion of the
participants of the trial when it was provided
for by procedural law; they paid sufficient
attention to the arguments or applications of
the participants of the case; they treated both
parties equally; they did not constrain the right
of the parties to participate in the court debate.
82
However!
In cases with
participation of the
representatives of
national minorities,
the instances of
discrimination by the
courts were observed
more often.
MONITORING OF ADHERENCE TO FAIR TRIAL STANDARDS IN UKRAINE
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