Chapter 6. Compliance with the rule of law in the exercise of justice
To the Cabinet of Ministers of Ukraine – ensure the preparation of draft amendments to the regulations
of ministries and other central executive bodies, to bring them in line with Law of Ukraine 2617-VIII
“On Amendments to Certain Legislative Acts of Ukraine to Simplify Pre-trial Investigation of Certain
Categories of Criminal Offences” of 22 November 2018 (that enters into force on 1 July 2020.)
To the Prosecutor-General’s Office, the Supreme Court, the Security Service of Ukraine, and the
State Bureau of Investigation – prepare draft amendments to relevant sectoral regulations to bring
them into line with Law of Ukraine 2617-VIII “On Amendments to Certain Legislative Acts of Ukraine to
Simplify Pre-trial Investigation of Certain Categories of Criminal Offences” of 22 November 2018 (that
enters into force on 1 July 2020).
To the Prosecutor-General’s Office – ensure effective supervision of compliance with the law by pretrial investigative bodies, in particular the requirements of Article 214 of the Criminal Procedure Code
of Ukraine with regard to the consideration of statements and reports of criminal offences, and proper
control over the organization of pre-trial investigations.
6.2. Right to timely consideration of a criminal case by a court
In criminal proceedings, each party has the right to a reasonable time limit for the trial. This is a guarantee
that the court will provide prompt protection to the person whose rights have been violated, recognizing
that any delay may adversely affect the right to protection. The lack of timely judicial protection can lead
to situations in which the court’s subsequent actions will no longer matter to the person and his/her
rights.
The right to be heard by a court within a reasonable time limit
During 2019, the Commissioner received 1,122 reports of violations of the rights of participants in
criminal proceedings at trial stage, in particular relating to violations of reasonable time limits for trial.
Most reports concern lengthy, sometimes years-long, proceedings, which not only fail to restore the
rights that have been violated, but also lead to new violations.
Most often, such reports concerned situations in which judges were not appointed to the local court, or
they did not exercise their powers for valid reasons. When this happens, cases can remain unreviewed
for months or even years.
CHAPTER 6
RECOMMENDATIONS
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