Which courts and why too long considering civil cases?
At the request of the Council of Judges of General Courts on November 5, 2013 was granted a generalization causes tightening civil proceedings that are pending in the local general courts of the respective administrative - territorial unit for over a year, and civil cases that are in the appropriate court of appeals for more than 4 months.
The best situation in local courts with a small load (courts Volyn, Kirovograd, Kherson, Chernigov region). The largest number of cases is not considered by the courts of first instance for more than one year: Dnipropetrovsk region - 1490 cases; Odessa region - 1386 cases; Lviv region - 1201 cases; Kiev – 845; Lugansk region – 562; Kharkiv region - 560 cases; Ivano - Frankivsk region - 429 cases.
As for Kiev, the largest number of such cases in Shevchenko (153 ) Darnitsky (147) and Svyatoshynskyi (138) District Court.
The main causes of the violation of reasonable terms of civil cases is the non-appearance of the parties and their representatives at the hearin;, long the forensic; suspension of proceedings pending consideration of another case; the taking of evidence at the request of the parties; disease hand, etc.
In particular, one of the causes of absenteeism sides unsatisfactory state courts consider the issue of delivery and service of judicial challenges (in the absence of information about the return of subpoenas).
Causes deposition of cases referred to the courts considerable workload of judges of individual vessels, the complexity of cases.
However, in some cases, also called wiggery improper organization of judges, including unsatisfactory conduct a preliminary hearing courts, baseless suspension of the proceedings, the deposition of multiple affairs and ad breaks in trials without sufficient grounds.
Also one of the reasons for the prolonged examination of cases is deliberate actions of an interested party, aimed at delaying the process.
Draws attention that the courts do not always discuss the issue with respect to the proceedings in the absence of the defendant (correspondence consideration) or imposing on him a fine adminvzyskaniya for contempt of court (Article 185 - 3 of the Administrative Code). Courts do not apply the rule of Art. 170 CPC, which provides that the court in case of no-show at the hearing a witness, expert, specialist, interpreter decide on their responsibility.
Best organization of work for the Review of Appellate Court of Appeal observed in Donetsk region, where no case are not considered more than four months. At the same time pointed out that the Court of Appeal in the Donetsk region, one of the biggest loads per judge.
Worst performance - in the appellate court of Dnipropetrovsk region - 197 cases; Kiev – 188; Odessa region – 131; Lviv region – 97; Transcarpathian region - 83.Common objective factors prolonged consideration of cases in the appellate courts are inadequate quality before the court of first instance for a long time of examinations; unsatisfactory condition with the award subpoenas postal service operators; cursory examination of civil cases the Court of Appeal judges in preparation of the case, poor organization of judicial processes, conduct of the parties, aimed at delaying the trial, etc.
The vast majority of appellate courts in their generalizations refers to the fact that inadequate quality of proceedings before the court of first instance is one of the reasons prolong civil cases on appeal.
- President of the Appeal of general courts systematically study the causes prolonged civil proceedings;
- Appellate judges of general courts, which are in the production of civil cases not covered more than 4 months, take immediate action to eliminate the causes of long-term review;
- In each case to establish an abuse of procedural rights side, to evade the legal requirements of the court and other actions that led to delays in the trial, in the case of actions of participants in the production of signs of contempt of court to decide the issue of bringing to administrative responsibility in accordance with established law (Article 185-3 of the Administrative Code), etc.


















































