FINDINGS OF THE MONITORING BY JURISDICTION
CIVIL CASES
8
The monitors visited 344 civil case hearings all over Ukraine:
132
in first instance courts – 204 hearings;
344
COURT
HEARINGS
in courts of appeal – 132 hearings,
in the Supreme Court of Ukraine – 8 hearings.
204
ADHERENCE TO GENERAL RULES OF PROCEDURE
4%
According to the monitors, the judges conducted the hearings in civil cases:
impeccably – in 48 % of cases;
with minor violations – in 48 % of cases;
48%
THE HEARINGS
IN CIVIL CASES
48%
with gross violations of the rules of procedure and/or
participants’ rights – in 4 % of cases.
Thus, the general impression of the observance of procedure rules in civil cases was similar to that in criminal
and commercial cases.
In 82% of cases the judge considered the case wearing a robe and a badge. This is the lowest score, which
was also given to administrative offence cases. The judges usually did not wear the robe and the badge while
hearing cases in their chambers as opposed to courtrooms.
From the questionnaire of a monitor on a civil case:
“The judge did not wear a robe and a badge. The consideration of the case looked more like a common
discussion, off the record, and with advice given to apply for a reduction of the penalty”.
Judges in civil cases verified the identity of the participants of the trial who arrived to the hearing in 94% of
cases.
The confidentiality of a deliberations room was observed in 95% of cases. As far as in most cases the judges used
their chambers as a deliberations room, this led to various violations of the secret of the deliberations room.
From the questionnaire of a monitor on a civil case:
“While the judge was in the deliberations room, people came in and left his office all the time”.
“While deliberating, the judge stayed in his office together with the court secretary”.
42
MONITORING OF ADHERENCE TO FAIR TRIAL STANDARDS IN UKRAINE
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