FINDINGS OF THE MONITORING BY JURISDICTION
IMPARTIALITY OF THE COURT AND OBSERVANCE OF THE EQUALITY
OF ARMS PRINCIPLE
In 83% of cases the presiding judge informed the parties to the administrative case of their right to demand the
recusal of a judge.
In 97% 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 administrative 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 98% 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 97% of cases the judge allowed the parties to get familiarized with documents and evidence in the case
provided they filed respective motions.
The court did not restrict the parties in their right to participate in a court debate (in those hearings where the
debate took place) and did not exercise any moral pressure on the trial participants.
In 98% of cases the court behaved impartially.
From the questionnaire of a monitor on an administrative case:
“This case was the last one scheduled, so I was able to witness the existence of a relationship between the judge
and the party to a case, who was then present at the hearing.
As we found out, this person was the representative of the Department of the Ministry of Internal Affairs in
Z. oblast.
The judge shook hands with the party and invited him to his office to allegedly discuss a hearing scheduled for
the following day. However, when the monitors reviewed the hearing schedule for the next day, they did not find
any cases where this law enforcement body was a party.
It is unknown which case the judge discussed before the hearing and which issues he resolved in the court
building outside the trial, however, a connection between the judge and the party was obvious”.
IMPARTIALITY OF THE COURT AND OBSERVANCE OF THE EQUALITY OF ARMS PRINCIPLE
IN ADMINISTRATIVE CASES
4,7
-5
58
0
5
MONITORING OF ADHERENCE TO FAIR TRIAL STANDARDS IN UKRAINE
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