RESULTS OF MONITORING IN SPECIFIC CASE TYPES
CORRUPTION-RELATED CASES
Corruption-related cases were one of the focuses of the 2017 trial monitoring.
The following cases were subject to monitoring:
•
Criminal cases, in which the person was suspected or accused of committing a corruption crime (crimes
provided for by articles 210, 354, 364, 364-1, 365-2, 368-369-2; and crimes provided for by articles 191, 262,
308, 312, 313, 320, 357, 410 of the Criminal Code in case they are committed through abuse of office);
•
Cases on administrative offences related to corruption (articles 172-2, 172-5, 172-6, 172-7, 172-8, 172-9,
172-9-1 of the Code of Administrative Offences).
The monitors observed 78 corruption-related cases, which amounted to more than 5% of all cases monitored
in 2017.
Among corruption-related cases, 72 cases (92%) were considered by first instance courts, 4 (5%) by courts of
appeal and 2 more (3%) – by a cassation court (the High Specialized Court of Ukraine for Civil and Criminal Cases).
These were not high profile corruption cases, since, according to the data from the National Anticorruption
Bureau of Ukraine, such cases are few, and as a rule, their consideration is being protracted.
By content, 71 cases (91%) were criminal cases in which the person was suspected or accused of a corruption
crime, and 7 (9%) – cases on administrative offences related to corruption.
The monitoring did not reveal any substantial differences by different indicators in this type of cases compared
to all the others, although the number of violations recorded in corruption-related cases was higher.
As far as procedure is concerned, the courts conducted the hearing impeccably in 45% of the cases (the
general rate being – 48%), with small violations – 55% (the general rate being – 47%). The monitors did not
register any gross violations in the course of the consideration of corruption-related cases (general rate in
Ukraine – 5%).
According to the “publicity” criterion, the score for this type of cases is 3.4 points (general rate in Ukraine –
3.6). In general, by most indicators the publicity in this type of case was lower by 1-2% than in other case
types, but the court had failed to announce the composition of the court 9% more frequently than in other
case types.
From the questionnaire of a monitor on a first instance court of general jurisdiction:
“While hearing a case under Article 364 of the Criminal Code of Ukraine (abuse of office or service authority) the
judge first passed a judgement to prohibit video recording in the course of the hearing, and then announced
a break in the hearing and offered the parties to come to his chambers to find out about the date of the next
hearing”.
At the same time, in corruption-related cases the monitors did not note any instances of the court
judgement not being pronounced publicly. In all the 46 hearings during which judgements were made,
the courts pronounced them (in general, 5% of violations of this rule were recorded for all types of cases).
Moreover, as mentioned in the questionnaires of monitors, almost in all cases the judgements were
pronounced clearly.
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MONITORING OF ADHERENCE TO FAIR TRIAL STANDARDS IN UKRAINE
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