{"id":18338,"date":"2022-03-23T23:32:26","date_gmt":"2022-03-23T21:32:26","guid":{"rendered":"https:\/\/esquires.ua\/?p=18338"},"modified":"2022-05-11T23:36:58","modified_gmt":"2022-05-11T20:36:58","slug":"how-doed-the-courts-work","status":"publish","type":"post","link":"https:\/\/esquires.ua\/en\/how-doed-the-courts-work\/","title":{"rendered":"How doed the courts work"},"content":{"rendered":"

Despite<\/span> the<\/span> war<\/span> and <\/span>the<\/span> introduction<\/span> of<\/span> martial<\/span> law<\/span> on<\/span> February<\/span> 24, 2022, <\/span>which<\/span> affected<\/span> all <\/span>the<\/span> well-established<\/span> processes<\/span> of<\/span> life<\/span> <\/span>of <\/span><\/span>the<\/span> country<\/span>, <\/span>people<\/span>, <\/span>business<\/span>.<\/span><\/span> T<\/span><\/span>he<\/span> state<\/span> is<\/span><\/span> in a constant<\/span><\/span> need<\/span> for<\/span> a<\/span><\/span>n<\/span><\/span> opportunity<\/span> to<\/span> resolve<\/span> administrative<\/span>, <\/span>criminal<\/span>, <\/span>civil<\/span> and <\/span>economic<\/span> disputes<\/span> by<\/span> contacting<\/span> the<\/span> relevant<\/span> judicial<\/span> authorities<\/span>.<\/span><\/span><\/p>\n

The operation of a special legal regime <\/span>in the form of<\/span> martial law changes the scope, that means, it limits or, conversely, expands the powers of various state bodies, restricts individual rights of<\/span> people and creates, for example, military administrations. At the same time, access to the Unified State Register of Judicial Decisions, the services “State of Consideration of Cases” and “List of Cases to be Considered” has been suspended<\/span> for the safety of judges and participants in trials.<\/span>\u00a0<\/span><\/p>\n

Despite changes in the life of the country, justice is a system that continues to work even during a special legal regime and does not allow the creation of emergency or special courts. Justice in the territory where martial law has been introduced is carried out only by courts established in accordance with the Constitution of Ukraine.<\/span><\/p>\n

The official decisions of the Council of Judges of Ukraine, publications\/explanations of the State Judicial Administration of Ukraine, the head of the Supreme Court confirm that the work of the courts in a state of martial law or a state of emergency cannot be stopped. Only in the event of a threat to the health, life and safety of visitors and employees of the court, the implementation of legal proceedings by a certain court may be terminated until the circumstances that caused the danger are eliminated.<\/span><\/span>\u00a0<\/span><\/p>\n

On <\/span>February<\/span> 27, 2022, <\/span>one<\/span> of<\/span> the<\/span> first<\/span> courts<\/span> was<\/span> damaged<\/span> – <\/span>the<\/span> building<\/span> of<\/span> the<\/span> Chernihiv<\/span> Court<\/span> of<\/span><\/span> Appeal<\/span>. <\/span>Since<\/span> the<\/span> course<\/span> of<\/span> hostilities<\/span> in<\/span> a <\/span>certain<\/span> territory<\/span> changes<\/span> quite<\/span> quickly<\/span> and <\/span>suffer both <\/span>military<\/span> facilities<\/span> and<\/span> civilian<\/span> infrastructure<\/span>, <\/span>it<\/span> became<\/span> necessary<\/span> to<\/span> introduce<\/span> the<\/span> possibility<\/span> of<\/span> transferring<\/span> case<\/span> files<\/span> and <\/span>changing<\/span> territorial<\/span> jurisdiction<\/span>, <\/span>primarily<\/span> for<\/span> the<\/span> safety<\/span> of<\/span> court<\/span> workers<\/span> and <\/span>visitors<\/span>. On <\/span>March<\/span> 3, 2022, <\/span>the<\/span> Verkhovna <\/span>Rada<\/span> amended<\/span> the<\/span> Law<\/span> of<\/span> Ukraine \u201c<\/span>Courts<\/span> and <\/span>Status<\/span> of<\/span> Judges<\/span>\u201d, <\/span>allowing<\/span> to<\/span> change<\/span> the<\/span> territorial<\/span> jurisdiction<\/span> of<\/span> court<\/span> cases<\/span> if<\/span> it<\/span> is<\/span> impossible<\/span> to<\/span> administer<\/span> justice<\/span> by<\/span> the<\/span> court<\/span> for<\/span> objective<\/span> reasons<\/span> (<\/span>martial<\/span> law<\/span> or <\/span>state<\/span> of<\/span> emergency<\/span>, <\/span>natural<\/span> disaster<\/span>, <\/span>military<\/span> operations<\/span>, <\/span>measures<\/span> to<\/span> combat<\/span> with<\/span> terrorism<\/span> or <\/span>other<\/span> emergencies<\/span>).<\/span><\/span>\u00a0<\/span><\/p>\n

After<\/span> the<\/span> Verkhovna <\/span>Rada<\/span> made<\/span> amendments<\/span> to<\/span> the<\/span> law<\/span>, <\/span>the<\/span> Supreme<\/span> Court<\/span> changed<\/span> by<\/span> its<\/span> orders<\/span> the<\/span> territorial<\/span> jurisdiction<\/span> of<\/span> some<\/span> courts<\/span> in<\/span> Kharkiv<\/span>, <\/span>Donetsk<\/span>, <\/span>Luhansk<\/span>, <\/span>Kherson<\/span>, <\/span>Chernihiv<\/span>, <\/span>Zhytomyr<\/span>, <\/span>Zaporozhye<\/span>, K<\/span>yi<\/span>v and <\/span>other<\/span> regions<\/span>. For <\/span>example<\/span>, <\/span>the<\/span> Leninsky<\/span> and <\/span>Ordzhonikidzevsky<\/span> D<\/span>istrict<\/span> C<\/span>ourts<\/span> of<\/span> Kharkiv<\/span> changed<\/span> jurisdiction<\/span> to<\/span> the<\/span> K<\/span>y<\/span>iv<\/span> D<\/span>istrict<\/span> C<\/span>ourt<\/span> of<\/span> Poltava<\/span>; The <\/span>Irpen<\/span> city<\/span> court<\/span> of<\/span> the<\/span> K<\/span>y<\/span>iv<\/span> region<\/span> changed<\/span> jurisdiction<\/span> to<\/span> the<\/span> Pereyaslav-Khmelnitsky<\/span> city<\/span> D<\/span>istrict<\/span> C<\/span>ourt<\/span>. And <\/span>the<\/span> courts<\/span> from<\/span> the<\/span> Lugansk<\/span> region<\/span> were<\/span> mainly<\/span> redirected<\/span> to<\/span> the<\/span> Dnipropetrovsk<\/span> region<\/span>.<\/span><\/span>\u00a0<\/span><\/p>\n

The <\/span>orders<\/span> of <\/span>Supreme<\/span> Court<\/span> to<\/span> change<\/span> territorial<\/span><\/span> jurisdiction<\/span> are<\/span> updated<\/span> along<\/span> with<\/span> the<\/span> change<\/span> in<\/span> active<\/span> hostilities<\/span> in<\/span> certain<\/span> areas<\/span> and <\/span>are<\/span> published<\/span> on<\/span> the<\/span> official<\/span> website<\/span> of<\/span> the<\/span> Supreme<\/span> Court<\/span> and <\/span>the<\/span> SC Facebook <\/span>page<\/span>. You <\/span>can<\/span> also<\/span> get<\/span> information<\/span> by<\/span> calling<\/span> the<\/span> unified<\/span> contact<\/span> center<\/span> of<\/span> the<\/span> judiciary<\/span> of<\/span> Ukraine. <\/span>Therefore<\/span>, <\/span>before<\/span> determining<\/span> the<\/span> territorial<\/span> jurisdiction<\/span> of<\/span> the<\/span> case<\/span> and <\/span>sending<\/span> procedural<\/span> documents<\/span>, <\/span>it<\/span> is<\/span> advisable<\/span> to<\/span> check<\/span> the<\/span> information<\/span> about<\/span> the<\/span> court<\/span>, <\/span>which<\/span> will<\/span> help<\/span> to<\/span> adhere<\/span> to<\/span> the<\/span> procedural<\/span> rules<\/span>.<\/span><\/span>\u00a0<\/span><\/p>\n

How do the courts actually work and do they hear all categories of cases?<\/span><\/b>\u00a0<\/span><\/p>\n

Although the clarifications\/decisions of the judiciary and judicial self-government bodies claim the continuity of legal proceedings, in practice, the courts mostly consider urgent criminal or civil cases, in which the legislation establishes a certain time limit for making a decision (for example, extending detention or choosing a measure of restraint). All other categories of cases and court hearings are removed from consideration and postponed. Access to most courts is restricted to persons who are not parties to the cases. It is reasonable to call the office or the secretary of the judge of the relevant court and inquire about the progress of the case, although the chances are low.<\/span>\u00a0<\/span><\/p>\n

Courts<\/span> also<\/span> recommend<\/span> sending<\/span> correspondence<\/span> only<\/span> through<\/span> Ukrposhta<\/span> or <\/span>electronically<\/span> to<\/span> the<\/span> courts<\/span>‘ <\/span>e-mail<\/span> addresses<\/span> or <\/span>using<\/span> the<\/span> e-<\/span>Court<\/span> subsystem<\/span>.<\/span><\/p>\n

As noted by the Chairman of the Supreme Court, the courts located in<\/span> relatively<\/span> calm areas, mainly in the west of the country, operate as usual. However, the <\/span>Shevchenkovsky<\/span> District Court of <\/span>Lviv<\/span> has established a special regime of work and considers only <\/span>criminal<\/span> proceedings<\/span> (<\/span>custody<\/span>, <\/span>measure<\/span> of<\/span> restraint<\/span>) and a petition or cases requiring an immediate decision.<\/span><\/p>\n

Information <\/span>on<\/span> the<\/span> work<\/span> of<\/span> some<\/span> courts<\/span> in<\/span> Kyiv <\/span>as<\/span> of<\/span> March<\/span> 21, 2022:<\/span><\/span>\u00a0<\/span><\/p>\n

The Supreme Court considers urgent cases related to the criminal process (i.e. the Cassation Criminal Court functions);<\/span>\u00a0<\/span><\/p>\n