18.01.2023

 

Certain features of the administration of justice are currently provided by the recommendations of the Council of Judges of Ukraine to all courts of Ukraine: 

  

• in case of threat to life, health, and safety of court visitors, court staff, judges must promptly decide to suspend the proceedings by a court until the circumstances that led to the termination of the proceedings are eliminated; 

• determine the minimum number of employees who must be on the court premises during the working day, clearly divide the responsibilities between them; 

• explain to citizens the possibility of postponing the consideration of cases in connection with hostilities and the possibility of hearing cases by video conference; 

• restrict the admission to court of persons who are not participants in court hearings; 

• if possible, adjourn cases (except for urgent court proceedings) and withdraw them from consideration, given that a large number of litigants are not always able to apply for adjournment due to the involvement of functioning of critical infrastructure, joining the Armed Forces forces of Ukraine, territorial defense, voluntary military formations and other forms of counteraction to armed aggression against Ukraine, or may not appear in court due to danger to life; 

• cases that are not urgent should be considered only with the written consent of all participants in the proceedings; 

• take a balanced approach to issues related to various procedural documents, leaving them without motion, setting various deadlines, and if possible, extending them at least until the end of martial law; 

• focus exclusively on conducting urgent court proceedings (detention, extension of detention); 

• draw the attention of courts to the need to take responsibility, to develop relevant case law, based on the realities of wartime, and the need to comply with the general principles of criminal proceedings. 

  

The application by the Council of Judges of Ukraine of quite flexible approaches to the organization of the work of courts is a consequence of the different situations in different regions of Ukraine. Flexibility implies a different level of change in the organization of activities by each court, depending on the circumstances (the presence of hostilities, the threat to life and health, etc.) in a particular area. We recommend that in each case you check the current information on the specifics of court proceedings by a particular court on the website of the relevant court in the News section, as well as by phone number of the court, located in the Contacts section. 

  

Can the trial be postponed or be heard by videoconference due to martial law? 

  

The recommendations of the Council of Judges of Ukraine provide the possibility for all courts of Ukraine to postpone the consideration of cases in connection with hostilities and the possibility of consideration of cases in the mode of videoconference also is provided. At the same time, given the status of the Recommendations, as well as the court's discretion, we recommend justifying the relevant requests with reference to specific factual circumstances that prevent the participation of a person in a particular case. In addition, we recommend that you apply accordingly in electronic form (via e-Court or e-mail), as some courts have switched mainly to remote mode and are registering incoming documents with adjournment. 

  

It is known from our practice that the court's position is also affected by the frequency of air alarms in the region where the court is located. 

  

It is also important to check the ability of the court to ensure the smooth operation of technical means on the day of your hearing. 

  

What is happening now with deadlines for appeals and cassation appeals against court decisions during martial law? 

  

We also draw your attention to the fact that some courts indicate the possibility of renewing deadlines on their websites and social media pages. For example, the Kyiv Court of Appeals posted an announcement on its Facebook page on February 28, 2022: "Please note that you do not have to worry about missing the deadlines for filing appeals - such deadlines will be subject to renewal upon the abolition of martial law and the resumption of activities of public authorities as usual." 

  

Currently, martial law is not considered as an unconditional reason for renewing the procedural terms. However, the courts were recommended to take a balanced approach to issues related to the return of various procedural documents, leaving them without motion, setting different deadlines, and if possible, extending them at least until the end of martial law.