The courts for the elite? Judicial reform in Ukraine

Суды для избранных? Судебная реформа в Украине

The form in which the deputies adopted the long-suffering project.

The longest review in the history of Parliament, about a thousand pages of text, more than 4 thousand amendments and changes to four of the code. It’s all about the presidential bill on judicial reform, which yesterday was still approved by the deputies.

However, the pitfalls there was so much that the effectiveness of reforms already there are questions. understood that took Pleased.

The availability of vessels

The document provides for the revision of court fee rates, which henceforth will play the role of the main source of funding of the judicial system.

According to the head of the parliamentary Committee on legal policy and justice Ruslan Kniazevych, in revising the text for the second reading, it removed the idea of increasing court fees.

At the same time, as reported by the press of the people’s Deputy Olena Sotnyk, the court fee does not increase for the court of first instance, and for those who want to appeal or cassation increases.

Judicial reform also included a provision under which, for the commencement of proceedings, the plaintiff will be obliged to pay to the court escrow account money to secure possible compensation for future expenses of the defendant for professional legal assistance. If the plaintiff fails to make the designated amount, the court may deny his application.

Given the advocate’s monopoly, which came into force last year, the court is becoming a more elite institution for those who can afford it “expensive”,” – said the head of the dispute resolution law firm EVRIS Igor Kravtsov.

Amendment Lozovoy

Most controversy was caused by the amendment, which was included in the bill with the filing of the Deputy-radical Andrey Lozovoy.

Its essence is that the calculation of pretrial investigation will begin immediately after registration materials from the applicant or the incident event. Acting on today’s norms, the legislator decided to count down the period of pre-trial investigation since the announcement of suspicion.

Also the suspicion must be announced to all involved in crimes of medium gravity, not later than the expiration of three months after the start of the investigation and for grave and especially grave crimes – not later than six months. Previously, these deadlines were twice six and twelve months, respectively.

“This will reduce the duration of the investigation, with 2, 3, 5, 10 or 15 years to 3 or 6 months. Thus, the number of failures at the beginning of the investigation, if non-obvious crimes will increase significantly, because law enforcement will not take the responsibility to investigate these crimes so quickly,” – says MP from the faction “Batkivshchyna” Alena Shkrum.

She noted that these changes will make impossible the effective work of the NABU and the investigation of “square” and cases of crimes of former officials.

He Lozova his amendment is satisfied. The advocates of such rules argue that the system of pre-trial investigation going the real chaos and thrive on corruption. Because of this people for months, and even years sentenced in prison knock readings and money.

Thus, according to the amendments, are not subject to the closing in connection with the expiration of limitation of proceedings on grave and especially grave crimes against life and health. That is, “maydanovsky” the acts alleged are in no danger.

“The essence of the changes is to allow to challenge unfounded allegations and want to stop the shameful delay of cases in courts, which suffer as victims and those unjustly accused of certain crimes,” says the Deputy from the radical.

According to him, critics of the amendments introduced in the world in part drastically shortened the end of the pretrial investigation. Like, last may in the presence of the suspect and renewed in time.

Simplifying legal proceedings

For the improvement of the judicial system are introduced such notions as the “model case” and “typical case” and the Institute of writ proceedings and pre-trial settlement. Also introduces penalties for abuse of procedural rights and obligations of the parties in court.

“Simplified procedure for consideration of cases without summoning the parties (for example, a simple case of collecting a debt) will allow us to consider them in one meeting. It’s a lot faster than it is now. In Poland, such a procedure can obtain a court decision within two weeks” — explains the lawyer Alexey Kharitonov.

Also introduces the possibility of dispute settlement with participation of judges, which is held by consent of the parties prior to the hearing. While the trial stops.

Electronic court

The so-called “electronic court” is a unified judicial information and telecommunication system. Its purpose: information sharing in electronic form between the courts and participants in the process.

About a sheaf of papers on the judge’s Desk, or the participants in the process will be forgotten.

Defendant, third party, witness, place of residence, or the location of which is unknown, will be called to the court through the announcement on the official web portal of Judicial authority of Ukraine.

There will be problems?

“In our opinion, the adopted amendments will increase the number of complaints to the ECHR. Many of the provisions issued controversial and incorrect, therefore, to apply them, not giving grounds for challenging, quite difficult,” – said the lawyer Kravtsov.

He stressed that the number of complaints to the ECHR has been increasing in recent years and without reform, with relatively stable legislation.

“Significant change in the system will strengthen the desire to seek justice in international courts,” predicts lawyer.

According to the lawyer Rostislav Kravets, the code of Civil procedure appeared normal, when judges were given the right not to apply the whole law, if they believe that they are unfair.

“So we can get the full Orgy in the country. In addition, there were items relating to automatic re-assignment of cases, if the judge for more than 14 days missing. So you don’t have to consider, especially when it relates to resonance. That is, the judge goes to the hospital, the case automatically goes to another judge, he also leaves. Doing so will be treated indefinitely”, – says the lawyer.

According to him, judicial reform aimed at restricting the rights of citizens.

“Its main goal is the usurpation of power and the construction of a totalitarian state. I do not exclude that in some regions can opt out of this legislation because they violate the independence of our country”, concludes Kravets.