of October 17, 2014 No. 11
About some questions of observance of reasonable times of consideration by courts of civil, criminal cases and cases on administrative offenses
According to article 6 of the Convention on human rights protection and fundamental freedoms (ROME, 4.XI.1950) which according to part one of article 9 of the Constitution of Ukraine is part of the national legal system of Ukraine everyone has the right to fair and public trial of case in reasonable time by the independent and just trial established by the law which will solve dispute on its rights and obligations or will establish justification of any criminal charge brought against it.
Non-compliance with terms of consideration of civil, criminal cases and cases on administrative offenses violates constitutional right on the judicial protection guaranteed by article 55 of the Constitution of Ukraine and negatively influences efficiency of justice and authority of judicial authority.
Materials of court practice demonstrate that the shortcomings of activity of the courts connected first of all with the unsatisfactory organization of legal procedure are basic reasons of violation of procedural terms. There are cases when contrary to requirements of the procedural laws and without any bases for this purpose civil cases and criminal proceedings intend for legal proceedings with violation of stipulated by the legislation terms including when defendants are in custody.
Owing to the shortcomings allowed by preparation of civil cases for legal proceedings, insufficient studying of materials of pre-judicial investigation in case of preparatory production of the untimely notification of participants of legal procedure and other subjective reasons hearing of cases is repeatedly postponed. At the same time motives of adjournment are not always given in judgments, date of new trial is specified.
In some cases courts it is groundless refuse to interested persons the right to judicial protection on civil cases, for example, by refusal in opening of proceeedings and return of the statement.
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