INFORMATION LETTER OF THE SUPREME ECONOMIC COURT OF UKRAINE

of June 4, 2008 No. 01-8/348

About some questions connected with terms of conducting judicial examinations

Economic courts of Ukraine

As witness materials of cases on which judgments were reviewed in cassation procedure, the public specialized expert institutions and court experts who are not employees of the specified organizations skirt deadlines of carrying out expert researches. Similar practice promotes delay in legal procedure and, as a result, leads to violation of requirements of article 6 of the Convention on human rights protection and fundamental freedoms of 1950 which participant is Ukraine, concerning the right of everyone to consideration of its case for reasonable time.

Due to stated is considered to pay necessary attention local and Economic Courts of Appeal that terms of carrying out expert researches and procedure for establishment of these terms it is provided by the Instruction about appointment and conducting judicial examinations and expert researches approved by the order of the Ministry of Justice of Ukraine of 08.10.98 N 53/5 (in editions of the order of the Ministry of Justice of Ukraine of 30.12.2004 of N 144).

By subitem 1.13 of Item 1 of this Instruction it is determined that the term of conducting examination is established depending on complexity of research, taking into account expert load of specialists, by the head of expert organization (either the deputy manager or the head of the structural unit) in borders:

- 10 days - concerning materials with small amount of objects and simple researches on nature;

- 1 month - concerning materials with average quantity of objects or average complexity on nature of researches;

- 2 months - concerning materials with large number of objects or difficult researches on nature;

- it is more than 2 months - concerning materials with especially large number of objects or the most difficult researches on nature (use of the criminalistic equipment (laser, optical, electronic), conducting pilot studies, application of several methods), at the same time the term of accomplishment shall not exceed 3 months.

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