WHICH IS MORE IMPORTANT: JUDICIAL PROCEDURE OR OWN HEALTH?

Attention quarantine announced!

As you know, the resolution of the Cabinet of Ministers of Ukraine of March 11, 2020 introduced quarantine in Ukraine to combat the spread of coronavirus “COVID-19”.

Everyone for remote work!

In this regard, most institutions and organizations have switched to remote work, but a logical question arises, but how to hold court hearings, ie how to protect their already violated rights, without exposing themselves to danger?

It is clear that a person can limit himself in visiting shopping malls, restaurants and cafes, places of rest, because for the most part such places provide only his wishes, comfort and do not get bored. In addition, given the current situation, refusing to walk in such places can protect yourself from getting infected with the virus. But what to do when you need to be in court? This is no longer everyone’s own whim, but a duty and sometimes even an urgent need. The answer to this question was provided by the Council of Judges of Ukraine, which issued a letter of recommendation dated March 16, 2020, according to which the court will work in a “special mode”.

What does the “special regime” mean?

First, the adjournment of court hearings.

Currently, the courts, given the lack of procedural grounds for adjourning the trial on their own, ask the parties to file appropriate motions to postpone the hearings.

Secondly, if it is impossible to postpone meetings, hold them by video conference.

In accordance with the provisions of the CPC, CPC, CPC, CAS of Ukraine, the party, as well as a witness, translator, specialist, expert may participate in the hearing by videoconference outside the court, provided that the court has the appropriate technical capability. on the opening of proceedings in the case. In order to hold a court hearing in this way, it is necessary to submit to the court a request to participate in the court hearing by videoconference, with the appropriate justification, in particular now, in connection with the spread of the chronavirus epidemic. Although the percentage of court hearings by video is currently quite low, due to inconsistencies in the level of technical equipment of courts, and in some cases due to the inability of the parties to participate in such a regime, in particular,

Third, reducing the number of court hearings per day.

In the case of court hearings, however, their number per day is limited, and access is limited to those who are not involved in the trial or have signs of illness. In order to implement such provisions in the courts, the participants are not only checked for documents, but also the temperature is measured and checked for signs of respiratory diseases.

Fourth, the trial may be conducted without the participation of the parties and with limited access to free listeners.

The court may hear cases without the participation of the parties, in writing. To conduct proceedings in this form, the parties should file a motion to hear the case without their participation, stating the relevant reasons.

Fifth, the reception of citizens is prohibited.

If you have any questions, you can contact the e-mail addresses of the relevant courts or call them directly. Numbers and addresses can be found on the court’s website or by following the link and entering the court’s name:https://court.gov.ua/sudova-vlada/sudy/.

Sixth, it is possible to receive case materials by e-mail.

With regard to reviewing the case materials and obtaining relevant copies of documents, the courts carry out such actions by sending to the e-mail addresses of the relevant materials, upon submission of applications and petitions of the subjects.

Seventh, it is possible to change the order of the court.

As the decision of the RSU does not specify the regime of the courts, they set their own schedule, so follow the news on the court’s website or call the hotlines so as not to miss the opportunity to defend their rights!

Summarizing the above, we ask you to protect your rights remotely or postpone the proceedings. If you are not sure how to do it and whether you did it right, then seek the help of lawyers!