Draft bill #11387 of June 28, 2024
Cosponsors: 54 MPs from the factions Servant of the People, Batkivshchyna, and the groups Trust and For the Future with Ruslan Stefanchuk as the first signatory
Status: sent for review to the Law Enforcement Committee of the Verkhovna Rada
Who is affected: citizens of Ukraine, judges, court employees, prosecutors, lawyers, and other participants in the judicial proceedings
Summary:
- MPs propose to increase the fine for contempt of court (failure to appear at a hearing or non-compliance with the presiding chair’s orders) from 2,550 UAH to 3,400 UAH. For a repeated offense, the fine will be increased to 6,800 UAH
- the bill abolishes the concept of a “lay judge” (citizens in some cases adjudicate legal matters alongside professional judges)
- if a person fails to appear at an administrative offense hearing, the court may decide to compel their appearance. However, this does not apply to minors, pregnant women, persons with disabilities of groups I and II, women caring for children under six years old, and children with disabilities
- obligation to ensure the attendance of prosecution witnesses summoned to the court hearing will be the responsibility of the prosecution
- an application for the recusal of a judge will be reviewed immediately but no later than 24 hours after its submission
- if the court imposes a fine on a person who was not present at the hearing, that person may file a motion to annul the fine. This motion will be reviewed by another judge of the same court. If there is no other judge, the motion will be transferred to the nearest court
- if the victim or their representatives do not show up for the preparatory court session, it does not affect the resolution of the issue related to the trial preparation (except when the court deems the participation of the victims or their representatives necessary).
What is right: the bill will improve the discipline of participants in the judicial proceedings and contribute to faster case resolution.