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DECISION OF JUDICIAL COUNCIL OF GENERAL COURTS OF UKRAINE

of September 11, 2013 No. 66

Having heard and having discussed information of the chairman of the board of judges of general courts Otrosh I. O. about results of the carried-out information analysis of Appeal general Courts about condition of the organization of activities of Appeal and local general Courts of rather criminal cases which are under consideration more than a year, according to Article 113, part six of article 122 of the Law of Ukraine "About judicial system and the status of judges" judicial council of the general vessels DECIDED:

1. Information of the chairman of the board of judges of general courts Otrosh I. O. about results of the carried-out information analysis of Appeal general Courts about condition of the organization of activities of Appeal and local general Courts of rather criminal cases which are under consideration more than a year to take into consideration.

2. By results of preliminary generalization of information on the matter provided by Appeal general Courts, for the purpose of improvement of efficiency of consideration of criminal cases and productions (further cases) the judicial council of general courts considers expedient:

Recommend to chairmen of Appeal general Courts to analyze quarterly condition of efficiency of hearing of cases, especially on what defendants are held in custody, and concerning minors which results to hear at meetings of judges of Appeal general Courts.

Recommend to judges of Appeal general Courts to provide systematically the methodical help to judges of local general courts.

Recommend to chairmen of local general courts:

- to constantly study and analyze the reasons of long hearing of cases, to exercise control of observance by judges of reasonable times of hearing of cases, having paid special attention to efficiency of hearing of cases on which defendants are held in custody, and also put concerning minors;

- within the conferred powers to react to cases of failure to carry out of court orders, resolutions and determinations of court on the drive of defendants, witnesses and victims, and also the forced announcement of breaks for the reasons of absence of representatives of crown case and protection, nondelivery of defendants of persons because of convoy service.

Draw the attention of judges of local general courts to need of improvement of quality of hearing of cases in this connection to recommend to judges to study systematically changes in the legislation of Ukraine and to analyze practice of cancellation of judgments by appeal and cassation instances.

Recommend to judges of local general courts:

- not allow repeated deposits of hearing of the case and the announcement of breaks for long time without legal basis, due on that;

- to constantly take the measures necessary for elimination of the revealed shortcomings of the organization of legal procedures and mistakes of application of the penal procedural legislation;

- to judges in whose production there are cases which are not considered over 6 months and put, not considered more than a year, to take all organizational measures for high-quality and operational hearing of cases and elimination of the reasons of red tape;

- timely according to requirements of the current legislation of Ukraine to react to each case of failure to carry out of court orders, resolutions and determinations of court on the drive of defendants, witnesses, victims, to the facts of failure of judicial sessions for the reasons of absence of representatives of crown case, defenders, and also because of convoy service.

3. Charge to the chairman of the board of judges of general courts to address in addition Otrosh I. O. chairmen of local general courts or persons who continue to perform their powers, with the offer to provide more detailed information concerning cases on which established facts of gross violation of requirements of the current legislation of Ukraine during consideration of the these cases, for the solution of question of the direction of the acquired information in the Highest qualification commission of judges of Ukraine for check were judicial council of general courts during this generalization.

4. Charge to chairmen of Appeal and local general Courts to take proper measures for the organization of ensuring hearing of cases which are under consideration more than a year in the relevant general courts.

5. Charge to chairmen of Appeal general Courts till December 2, 2013 repeatedly to carry out generalization of the reasons of prolongation of hearing of cases which are in production of Appeal and local general Courts of the corresponding administrative and territorial unit more than a year, according to the plan, which is applied (appendix No. 1), for more detailed studying by judicial council of general courts of the specified question.

 

Chairman of the board of judges of general courts                                             

I. O. Otrosh

 

Appendix № 1

The plan of carrying out generalization by Appeal general Courts of the reasons of long hearing of cases which are in production of Appeal and local general Courts of the corresponding administrative and territorial unit more than a year

Name of court of the corresponding administrative and territorial unit

The number of cases which are in production of courts more than a year, and the number of defendants of persons in these cases which are held in custody in the pre-trial detention center

In total put according to the procedure of the Code of Criminal Procedure of Ukraine of 1960, from them:

In total put according to the procedure of the Code of Criminal Procedure of Ukraine of 2012, from them:

In total put

The number of cases on which persons are held in custody

The number of persons on cases which are held in custody

In total put

The number of cases on which persons are held in custody

The number of persons on cases which are held in custody

2. Generalization of the reasons of long hearing of cases with reduction of examples, including accident analysis:

- failure to carry out of procedural obligations by participants of process;

- absence of witnesses and victims in judicial sessions;

- failure to carry out of court orders by law-enforcement bodies about the forced drive;

- nondelivery of defendants who are held in custody, in judicial sessions;

- search of defendants;

- inadequate quality of pretrial investigation on cases;

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