to the Decision of the Council of Judges of Ukraine
dated March 17, 2020, No. 19
High Anti-Corruption Court
Local and appellate courts
Recommendations of the Council of Judges of Ukraine
establishing specific work regime of the courts of Ukraine
to protect the population of Ukraine from the spread of acute
respiratory diseases and COVID-19 coronavirus classified as extremely dangerous infectious disease
Due to the coronavirus disease outbreak, on March 11, 2020, by the Decree of the Cabinet of Ministers of Ukraine No.211 “On prevention of coronavirus COVID-19 spread in the territory of Ukraine” the quarantine from March 12 to April 3, 2020 was introduced in Ukraine.
In view of the above Decree, and to protect the population of Ukraine from spread of acute respiratory diseases and COVID-19 coronavirus classified as extremely dangerous infectious disease the Council of Judges of Ukraine recommends that from March 16 to April 3, 2020, specific working regime for courts of Ukraine shall be set, namely:
- to clarify to citizens the possibility of postponing the cases hearing in connection with quarantine measures taken and the possibility of hearing cases in videoconference mode;
- to suspend all activities not related to the court's procedural activity and the activity on ensuring the judicial bodies’ operation (roundtables, seminars, open days, etc.);
- to suspend personal reception of citizens by court management;
- to limit the admission of persons, who are not parties to case hearings, to the courts;
- to limit the admission of persons with symptoms of respiratory diseases (pale face, redness of the eyes, cough) to court hearings and court premises;
- to acquaint the parties with materials in the case remotely, if there is such a technical capability, by sending scanned copies of the case materials to the
e-mail specified in the application; to receive the application on acquaintance through remote means of communication;
- to reduce the number of court hearings scheduled for the working day;
- if possible, to consider cases without participation of the parties, in the order of a written procedure;
- for judges and staff of the court apparatus to take self-isolation measures in case of the slightest signs of disease; to inform the relevant health care institution and the court management about it by telephone, e-mail.
In addition, the Council of Judges of Ukraine recommends the citizens and other persons:
- to submit to the court all the necessary documents (claims, statements, complaints, revocations, explanations, requests, etc.) electronically on the court's e-mail address, via a personal account in the Electronic Court system, by post, fax or remote means of communication;
- to recommend the parties submitting to the court the applications for holding hearings in their absence basing on materials present in the case;
- to refrain from attending court premises, especially in case of disease (weakness, cough, asphyxiation, shortness of breath, etc.).
In determining specific working conditions of the court during the quarantine period the specialization of the court, its instance and the relevant categories of cases should be taken into account.
When deciding on the possibility of hearing the cases in videoconference mode, it should be borne in mind that such a court mode does not fully protect against the spread of the disease since it, nevertheless, requires the appearance of citizens in several courts which ensures holding the court hearing in that mode.
Further decisions on the specific regime of operation shall be taken depending on the further developments.