Accessibility of courts in Ukraine after the reform

Summary

1. The reform of court system

According to the Constitution of Ukraine, June, 28, 2001 was finished action of transitive positions then in Ukraine the large-scale reform of court system directed on reduction of court system of Ukraine in conformity with the international standards should be held. For its analysis by the “Law & Democracy” Foundation the monitoring judicial system in 10 regions of Ukraine was carried out . The purpose of this project is research of a condition of judicial system in Ukraine after judicial reform and practical recommendations for governmental and local self-governmental bodies elaboration .

During the monitoring observation of 55 courts of different levels in 10 regions of Ukraine, and also interview of judges and workers of courts was carried out.

It was offered to respondents to answer some questions which have elucidate a modern condition of system the reference to court. 20% judges and 23% workers of courts have noted its improvement in the second half-year 2001, that is from time of realization of judicial reform. At the same time only 4% judges and 10% workers of courts have named system of the reference to court completely perfect.

During integration to the European community Ukraine ratified a line of the international documents of human rights which can be used during removal of decisions. Nevertheless, as results of interview have shown, the judges in Ukraine still more not enough frequently addresses to the international documents. It is more than half judges never uses the European Convention of human rights, normative documents of the United Nations and the Council of Europe.

2. Financial and organizational aspects of the courts operate

The important point of becoming of judicial authority as one of effective branches of the new type authoritz, remains, indoubtedly, organizational, financial and material maintenance of courts, judges and the court personnel. Nevertheless, today a condition of courts buildings and operating conditions judges do not correspond with international requirements concerning functioning judicial system.

As results of observation testify, as a whole buildings of courts are accessible to citizens, nevertheless there is a number of obstacles which create the certain problems.

For example, it was established, that all buildings of courts were under construction absolutely for other needs and were remade, therefore do not meet modern requirements, and the significant part is in an awful condition and demands urgent repair.

It is necessary to note introduction in Ukraine court guard before a buildings of court. Basically protection of court and judges is the phenomenon positive and should be entered into life. However, the entrance in buildings of courts is protected only in Lviv, Sevastopol and Dnepropetrovsk, and for today security guards insufficiently technically provided for performance of such task.

In overwhelming majority in local courts the specialized offices separately for civil and criminal cases operate. As to work of offices on administrative affairs such operate only in 15 courts from all examined (in all courts of Chernigiv, Sevastopol, Ivano-Frankivsk and some courts of other regions). In 8 courts only one general court office today operate.

It is pleasant to note the improvement of a situation with maintenance with the information in courts. Nevertheless, in separate buildings of courts still insufficient quantity of the information is located in accessible places. Such condition of things most typically for regional courts which are in the worse condition, than buildings of courts in cities.

As if to the methodical information in courts, samples of applications placed on stands only in 37 courts (67%, and the list of documents for representation of the application - in 33 (60%., and from them at sufficient illumination (that is it is completely accessible) - only in 54% (18 buildings of courts).

Taking into consideration a small amount of halls, civil cases mostly are considered in judges’ rooms which are absolutely unadapted for this purpose, taking into account the small area of the room, insufficient quantity of chairs, let alone tables. This concerns consideration of administrative cases.

Besides cases when the judge or the worker of court closed a room during hearing took place that is infringement of norm about open litigation.

It is necessary to note, that till now the constitutional position concerning the state maintenance of financing and the appropriate conditions for functioning courts and activity judges properly is not carried out. Mostly in daily work court personnel use typewriters which creates weight of inconveniences for the personnel. Computer engineering is not present in the majority of courts as, accordingly, there is no also software which could facilitate work judges and workers of courts. Additional obstacle to access to court are open requirements at citizens of envelopes, marks, paper etc. at representation of the application to court.

Thus, a question of the legislative decision of the specified problems by acceptance of the law on the order of financing of courts, the size and periodicity of receipt of means for their maintenance, and also legislative settlement of payment of judges and courts personnel work has ripened. By the way it is requirements of the Seventh congress of the United Nations of 1985 and Committee of Ministers of the Council of Europe of 1994.

3. The court tax in the context of the financial access to court.

One of key question of the project the question of financial availability of court was. Procedure of the reference to court existing in Ukraine and considerations of an affair in the financial relation rather expensive: by the general rule preliminary it is necessary to pay a court tax, during consideration to pay realization of examination, a call of witnesses etc. 34% judges and 51% workers of courts count expedient existence of the mechanism dismissal of citizens from payment of a court tax. Nevertheless, 31% judges exempts from payment of court tax each tenth citizen who addresses with the similar request, and 42% - do not practise dismissal in general. In part it speaks fear of judges concerning abusings citizens at use of the mechanism dismissal from court tax, therefore judges and workers of courts offered a number of criteria by definition of a category of needy citizens. Among them: incomes of the citizen and members of his family, presence in properties of the citizen of securities, payments of the citizen in begining fund of the enterprises, cost movable and real estate.

As results of monitoring show, still it is impossible to speak about successful realization of court system reform at the given stage. It is explained, first of all, that both experts, and citiyens in Ukraine do not known concrete requirements of the Council of Europe concerning reforming of court system which is explained by their insufficient elucidating. Therefore one of recommendations is realization of additional consultations and a particular seminar for experts in the given area with drawing of experts of the Council of Europe and independent European experts.