Law of Ukraine On ensuring the right to a fair trial In order to improve the national standards of judicial system and court proceedings as well as to ensure the right to a fair trial, the Verkhovna Rada of Ukraine r e s o l v e d: І. To amend the following legislative acts of Ukraine: 1. The Code of Ukraine on Administrative Offences (Vidomosti of the Verkhovna Rada of the USSR 1984, Annex to #51, p. 1122): 1) in Article 188-32: а) in part one: – in paragraph one to exclude the wording ‘denial of familiarization with the court case, the trial on which has not finished’; – in paragraph two to replace the wording ‘from twenty five to one hundred’ with the wording ‘from fifty to one hundred fifty’; b) in subparagraph two of paragraph two to replace the wording ‘from one hundred to two hundred’ with the wording ‘from one hundred fifty to two hundred fifty’; 2) in Article 188-35: а) in subparagraph two of paragraph one to replace the wording ‘from twenty to one hundred’ with the wording ‘from fifty to one hundred fifty’; б) in subparagraph two of paragraph two to replace the wording ‘from one hundred to two hundred’ with the wording ‘from one hundred fifty to two hundred fifty’; 3) in Article 297-2: а) in part three to replace the wording ‘without summons’ with the wording ‘without notification’; b) to add with part four of the following wording: ‘The issue related to the renewal of the term for submission of an application for the review of court decision or dismissal of the application without consideration shall be resolved by the court without summoning the participants of the proceedings and based on the results of consideration the relevant decree shall be adopted’; 4) in paragraph one of Article 297-3 to replace the wording ‘the person submitting it or a representative of such person’ with the wording ‘the person or person’s defence counsel’; 5) in paragraph one of Article 297-4 to exclude the wording ‘through the High Specialized Court of Ukraine for Civil and Criminal Cases’; 6) in Article 297-5: а) to exclude from the title the wording ‘by the High Specialized Court of Ukraine for Civil and Criminal Cases’; b) in part one to exclude the wording ‘which was submitted to the High Specialized Court of Ukraine for Civil and Criminal Cases’; c) in part three to replace the wording ‘of the High Specialized Court of Ukraine for Civil and Criminal Cases’ with the wording ‘the Supreme Court of Ukraine’; d) part four shall read as follows: ‘The application shall be returned to the applicant in case if: 1) the application was submitted without compliance with the provisions of Articles 297-3 and 297-4 of this Code and the applicant did not eliminate the shortcomings within the prescribed timeframe; 2) the application was submitted by a person not eligible to submit such an application; 3) the application on behalf of the applicant was signed by a person not entitled to sign the application; 4) there is a Resolution of the Supreme Court of Ukraine on the refusal of admission of the case to the proceedings based on the results of consideration of the application submitted in this case on similar grounds’; 7) Articles 297-6 to 297-10 shall read as follows: ‘Article 297-6. Admission of the case to the proceedings The issue related to admission of the case to the proceedings shall be regulated by the reporting judge, determined by the automated system of the court document flow. If the reporting judge determines that the submitted application is substantiated the proceedings shall be opened. If the reporting judge determines that the submitted application is unsubstantiated, the issue related to the admission of the case to the proceedings shall be regulated by a panel of three judges consisting of a reporting judge and two judges additionally determined by the automated system of the court document flow. The proceedings shall be opened if at least one judge from the panel concludes that there is a need to open the proceedings. The Resolution on the opening of the proceedings or on the refusal of admission of the case to the proceedings shall be adopted within fifteen days of receipt of the application or the date of elimination of shortcomings by the applicant and, in case there is a request for the copy of the decision of an international judicial institution the jurisdiction of which is recognized by Ukraine – as of the date of receipt of such copy. The Resolution shall be adopted without notifying the persons involved in the proceedings on a case concerning an administrative offence. A copy of the Resolution on the opening of the proceedings shall be sent with the copy of the application to persons involved in the proceedings on a case concerning an administrative offence, and in case of refusal of admission – to the person that submitted an application. Article 297-7. Preparation of the case for proceedings in the Supreme Court of Ukraine The reporting judge, within fifteen days as of the date of opening the proceedings, shall engage in preparation for the review of the court decision by the Supreme Court of Ukraine as follows: 1) send a Resolution on the opening of the proceedings and request for the files of the case concerning an administrative offence to the relevant court, which no later than in three working days as of the date of receipt shall submit the case to the Supreme Court of Ukraine; 2) determine the order of proceeding of the case (open or closed trial in cases specified by this Code); 3) where necessary, determine the public authorities the representatives of which can provide an explanation in court regarding the application of the relevant provision of law, and summon these representatives to court; 4) perform other activities necessary for the proceedings. Upon receipt of the requested files of the case and completion of other preparations, the reporting judge shall develop a report and adopt a decision on the appointment of the case for proceedings in the Supreme Court of Ukraine. Article 297-8. The order of proceedings of the case in the Supreme Court of Ukraine The case on the review of the court decision on the grounds envisaged by Part two of Article 297-1 of this Code shall be considered at a joint meeting of all judicial chambers of the Supreme Court of Ukraine. The meeting shall be considered duly constituted if attended by at least two-thirds of the judges of the total membership of each of the respective judicial chambers of the Supreme Court of Ukraine. The reporting judge shall preside at the meeting. The reporting judge shall open the hearing, announce the composition of the court, explain to the participants involved in the proceedings on the case concerning an administrative offence their rights and obligations. Following these proceedings and consideration of petitions of persons participating in the proceedings on the case concerning an administrative offence, the reporting judge shall report to the extent required on the claims set out in the application received by the Supreme Court of Ukraine, and on the results of preparatory action taken. A person who submitted an application to the Supreme Court of Ukraine, other persons involved in the proceedings on the case concerning an administrative offence, in case they come to the hearing, shall have the right to provide an explanation of the essence of claims. The failure to come to the hearing of persons taking part in the proceedings on the case concerning an administrative offense that were duly notified of the date, time and place of the hearing in order to participate in the hearing, shall not preclude the proceedings. After the hearing of the explanations of the person that submitted an application, and other persons involved in the proceedings on the case concerning an administrative offence, the court shall retire to the consultation room for adoption of a resolution. The term for consideration of application for the review of a court decision by the Supreme Court of Ukraine shall not exceed one month as of the date of appointment of the case to the proceedings. Article 297-9. Powers of the Supreme Court of Ukraine Based on the results of review of the case by a majority vote of the composition of the Supreme Court of Ukraine, one of the following resolutions shall be adopted: 1) on full or partial granting of the application; 2) on dismissal of the application. Article 297-10. The Resolution of the Supreme Court of Ukraine The Supreme Court of Ukraine shall grant the application in case there are grounds envisaged by Article 297-1 of this Code. If the court arrives at a decision to fully or partially grant the application, it shall have the right to: 1) cancel the Resolution(s) and close the proceedings; 2) cancel the Resolution(s) and refer the case concerning an administrative offence for the new trial to the court that rendered the reviewed Resolution; 3) change the Resolution(s). The Supreme Court of Ukraine shall refuse to grant the application if the circumstances that gave rise to the review of the case proved unsubstantiated. The Resolution of the Supreme Court of Ukraine shall be reasonably motivated. The Resolution of the Supreme Court of Ukraine shall be issued and sent to persons participating in the proceedings on the case concerning an administrative offence not later than within five days as of the end of proceedings on the case.