(In)accessibility of justice: why are cases delayed in Ukraine?
The timeframe for court hearings in Ukraine is far from the European criterion of reasonableness. And it seems that the blame for this is now being shifted to lawyers who obstruct justice by filing «unnecessary» motions and challenges. According to some politicians, this should be punished by the court on the spot.
Recently, the media have begun to publish articles that rather one-sidedly cover the problem of the length of time for consideration of cases. The public is being led to believe that the problems of the Ukrainian judiciary are the fault of lawyers who constantly abuse their rights.
A number of draft laws have already been prepared for consideration, according to which judges will establish the facts of abuse by separate rulings and punish the «offenders» themselves or pass their decisions to the disciplinary bodies of the bar. In this case, the latter would play the role of statisticians.
Such a distorted understanding of the issue may violate the principle of independence of the bar.
It is clear that a Ukrainian judge today already has levers to respond to violations of the procedural codes by the parties. And by implementing the principle of legal certainty in the interests of the parties, he or she is empowered to counteract the so-called abuse of rights.
But why is this not happening, why introduce an additional mechanism of pressure that ultimately contradicts the Constitution?
The Ukrainian National Bar Association invites all practicing attorneys to join the discussion of the problem of efficiency and accessibility of justice and to share their own experience in courts:
- what, in your opinion, are the real reasons for the lengthy consideration of cases by Ukrainian courts;
- what do you see as legitimate mechanisms for the courts to implement the principle of legal certainty in the context of observance of reasonable time limits?
- whether you have encountered «abuse of rights» by procedural opponents: both fellow lawyers and representatives of the prosecution, and if so, which are the most common;
- whether judges can abuse their rights, whether you have encountered this in court hearings, if so, in what form it took, which are the most common;
- in which cases motions and statements of lawyers filed in accordance with the procedural law may (or may not) be perceived as abusive and how judges can and should respond to this;
- what part of all the applications and motions filed by you is satisfied by the court (in civil, administrative, commercial and criminal proceedings)
- whether the courts take into account your workload (participation in investigative actions, other proceedings, business trips, illness, etc.) when setting the date and time of court hearings;
- whether you consider the postponement of court hearings due to the absence of a lawyer or prosecutor to be a widespread phenomenon;
- in what forms the «accusatory bias» of the judiciary can affect the duration of criminal proceedings.
Answers to these questions, as well as opinions and examples from your own practice, can be shared until October 18 with the coordinator of the UNBA Committee on Protection of Advocates' Rights and Guarantees of Practice of Law Vitaliy Fedirko (v.fedirko@unba.org.ua).
All the collected information will be analyzed and used in the preparation of the report on the state of efficiency and accessibility of justice, which the UNBA will send to national and international institutions.
Popular news
Advocacy
We know the value of our self-government: L. Izovitova congratulated on the 12th anniversary of UNBA
On November 17, 2024, the Ukrainian National Bar Association, a professional organization that unites all Ukrainian lawyers, will celebrate its 12th anniversary.
Advocacy
URAU opens emails of lawyers
Information on the e-mail addresses of advocates posted in the Unified Register of Advocates of Ukraine has been made publicly available.
Advocacy
Electronic warrant proposed to be enshrined in law
The warrant can be generated in the Personal Account of the Advocate on the official website of the Ukrainian National Bar Association and signed by applying the advocate's electronic digital signature.
Advocacy
V. Gvozdiy told his Finnish colleagues about the experience of the Bar during the war
Finland, which has about 1,300 kilometers of land border with Russia, joined NATO in April 2023. However, bordering on an aggressive neighbor obviously leaves the risks of conflict and even war relevant. Therefore, Finnish lawyers are interested in the experience of their Ukrainian colleagues in organizing work under martial law.
Advocacy
AI regulation in Ukraine: what has already been done
As part of the three-year Roadmap for the Regulation of Artificial Intelligence in Ukraine, the Ministry of Digital Transformation of Ukraine presented a White Paper that provides specific tools for businesses to use AI.
Advocacy
UNBA to file criminal complaints about violations of advocates' rights
Recently, the UNBA has received more frequent appeals about violations of the rights of lawyers and guarantees of the practice of law. Including by employees of the territorial centers of recruitment and social support. Some of the facts contain signs of a crime.
Advocacy
Volyn TCC to create places for lawyers to communicate with clients
A special place for meetings between lawyers and persons liable for military service will appear in the Volyn Regional Territorial Center for Recruitment and Social Support.
Advocacy
An extract from the URAU will be available in your personal account
Starting Monday, September 23, lawyers will be able to independently generate extracts from the Unified Register of Advocates of Ukraine through their personal electronic account on the website of the Ukrainian National Bar Association.
Publications
Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…
Valentyn Gvozdiy WORKING IN A WAR ZONE
Lydia Izovitova Formula of perfection
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates
Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine
Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…
Vadym Krasnyk The UNBA will work, and all obstacles and restrictions are only temporary inconveniences
Lydia Izovitova Interview with Lydia Izovitova on the occasion of the 8th anniversary of the founding of UNBA: We are the voice of t…