Delays in the production of court decisions in all cases have not only legal but also serious economic consequences.
The courtroom. The tension in the air is palpable even in silence. The judge! like a sculptor working in marble! is working on the most important act of justice — a decision that will be pronounc in the name of the state. And here it is! that long-awaited moment: the operative part has been pronounc! but… we have to wait for the full text. Should we wait five days! a week! a month?
What if we wait longer?
How does this affect the parties to the trial! what are the Delay by a consequences for the job function email database judge! and are such situations an exception or a systemic problem?
This topic is a thin thread that connects the balance between the right to a fair trial and the judge’s capabilities! limited by human resources and time.
What does the law say?
According to Part One of Article 376 of the Criminal Procedure Code (CPC) of Ukraine! the court decision must be pronounc Delay by a immediately after the court leaves the deliberation room. If the preparation of the text requires time! the court pronounces the operative part! leaving five days for the preparation of the full text.
In turn! the Civil Procedure Code (CPC) of Ukraine also establishes deadlines for the preparation of court decisions. Part 6 of Article 259 of the CPC provides that the full text of the decision of the court of first instance must be prepared no later than five days from communicate future measures the date of the announcement of the introductory and operative parts. Importantly! in the appellate procedure.
The deadlines for preparing the decision are reduced:
the appellate court must prepare the full text of the court decision within two days after the announcement awb directory of the operative part (Part 3 of Article 382 of the CPC).
Regarding commercial procedural proceedings! the deadlines for making decisions are regulated by Article 240 of the Commercial Procedural Code (CPC) of Ukraine. The full text of the decision must be drawn up and signed by the judge no later than five days after the announcement of its introductory and operative parts.
