The Committee on Legislative Support of Law Enforcement recommends that The Verkhovna Rada adopts the Bill on Amendments to the Code of Ukraine on Administrative Infringements concerning Enhancement of Responsibility for Derangement of Scrutiny of Court Cases and Disrespect for the Court at the Second Reading and in its Entirety

26 February 2009, 11:38

The Bill (Reg. No.3073) presents a new version of Article 1853 of the Code. It envisages administrative responsibility not only for intentional, but also for the first failure to appear at court without valid reason (proper notification concerning date, time and place of scrutiny provided) of a witness, a victim, a claimant, an expert, a translator and extra professional or other person whose personal participation in the scrutiny is obligatory, in case it hampers the scrutiny of the case.

 

The Bill also enhances administrative responsibility for second failure to appear at court without valid reason, in case it hampers the scrutiny of the case.

 

Moreover, Article 1853 of the Code is supplemented with two parts that define responsibility for non-fulfillment or untimely fulfillment of legitimate requirements of court concerning rendering of information and documents necessary for court scrutiny, and also for gross violation of order during the court session that resulted in its disruption.  

 

The Committee members commented upon numerous facts of non-fulfillment or untimely fulfillment of legitimate requirements of court concerning rendering of information and documents necessary for objective and full scrutiny of civil, administrative and other categories of court cases by the officials of public authorities, enterprises, institutions and organizations. This also hampers timely and efficient legal proceedings, provokes citizens´ complaints and discontent.

 

The Committee members believe that adoption of the Bill "will create conditions for scrutiny of different categories of cases in sound terms, reduce the number of facts of judicial "procrastination", and enhance guarantees of justice in the country".