RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF UKRAINE

of March 28, 2008 No. 3

About practice of removal of separate determinations (resolutions) by courts on criminal cases

The criminal procedure legislation, determining powers of court as carrier of judicial authority, determines that the court, except accomplishment of the functions connected with the direct solution of legal cases is authorized to take out separate determinations (resolutions) which shall be effective remedy of respecting the rule of law, ensuring protection of human rights and freedoms with court.

For the purpose of further enhancement of court practice of removal of separate determinations (resolutions) by courts the Plenum of the Supreme Court of Ukraine decides to make to courts such explanations:

1. Article 23-2 of the Code of penal procedure of Ukraine (further the Code of Criminal Procedure) the court shall in the presence of the bases take out separate determination (resolution) to draw the attention of state bodies, public organizations or officials to the facts of violation of the law, the reason and condition determined on case which promoted crime execution and predetermine acceptance of adequate measures, and also on some other circumstances.

The list of the bases for removal of separate determinations or resolutions determined in Art. 23-2 of the Code of Criminal Procedure is not exhaustive. In case of need the court can take out on materials of legal case separate determination (resolution) and in other cases (for example, concerning the facts of failure of legal procedures, not delivery of defendants, failure to carry out of court orders and resolutions on the drive and so forth).

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