Prosecutors, lawyers, other participants in the process called for facilitating the administration of justice. Also, the authorities of professional self-government intend to form such a system of relations when the parties respect each other and not commit procedural sabotage.
The right to self-pity
This opinion was expressed by the judge of the Chamber of the Supreme Court, chairman of the Council of Judges Oleh Tkachuk during a round table on the topic «Abuse of procedural rights».
According to the court’s press service, the problem of abuse of procedural rights is sufficient actual in domestic legal practice. To illustrate such a tendency, Oleh Tkachuk read out an announcement in which «lawyers» offer assistance in delaying the consideration of cases, disrupting court hearings, etc. “What to do with the situation when lawyers direct all their knowledge to ensure that the court session does not take place soon or not at all?” asked speaker a rhetorical question.
According to Oleh Tkachuk, the new procedural legislation provides for liability for abuse of the procedural rights of the parties to the case, their representatives, third parties and other participants in the process. However, it’s up to the Judge to decide whether there is a particular behavior to such abuse. And it is important that he can distinguish abuse from fair use of procedural rights.
At the same time, Oleh Tkachuk noted that judges do not always manage to determine whether there are certain actions of abuse. However, there are obvious signs of such an assessment. He recalled the case in which the party filed a motion for certain procedural actions and, as soon as the Court rejected it, filed another – on the Judge’s recusal, set out on 16 pages. Such a document was clearly prepared in advance – in case of failure to satisfy the first application.
In addition, the roundtable participants raised the issue of consideration by the Cassation Civil Court of cases without summoning the parties in written proceedings.
Oleh Tkachuk explained that the task of the Cassation Court is to develop a uniform application of the norms of substantive law. At the same time, the rationale set forth in writing in the cassation complaint and recall, other procedural documents, allow them to be better processed and focus specifically on research into questions of law, rather than fact.
He also drew attention to the consideration of the Supreme Court in the first six months of work received more than 125 thousand cases. With such a burden in the court of cassation, the consideration of cases in written proceedings is in many cases more efficient.
Perhaps, when the cassation instance deals with this invasion, she will have the time and inspiration to communicate with the parties to the dispute in person.
The Code for three
The Judge of the Supreme Court noted that the main task of the Court is to solve the case. «To this end, we are all called to the process in order to facilitate the administration of justice, not to hinder it», — said he.
Oleh Tkachuk also said that now the general principles of work for judges, prosecutors and lawyers are being developed. But this process, as reported by «ZiB», is moving with difficulty. And the first intermediate finish, which was planned for 1.11.2018, the draft of such a document did not get.
After a certain “lapping” between judges, lawyers and prosecutors at the end of November a meeting of the working group was held, the authorities of professional self-government created for the development of a general code of ethics. While working group members agreed that the Code of professional ethics should help organize trials and ensure justice. In particular, they must exclude unreasonable delay of consideration of cases and also not to allow cases of unjustified non-appearance of prosecutors and lawyers.
When to expect the emergence of a draft Code – while no one dares to predict. There is also the question of how this document will be approved: by the decisions of self-government bodies or it will be submitted for consideration by congresses of judges and lawyers and the All-Ukrainian Conference of Prosecutors. But in the agenda of the nearest forums this item is not yet listed…