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Publication date: 17.05.2024
Measures of procedural coercion in civil proceedings
The purpose of procedural coercion measures
The purpose of procedural coercion measures is to ensure the proper and effective functioning of justice. Here are the main goals:
1. Encouragement to follow the rules. Ensures that all participants in the court process adhere to established rules and regulations.
2. Conscientious performance of duties. Stimulates parties and witnesses to take responsibility for their procedural duties.
3. Termination of abuse of rights. Prevention and termination of any attempts to misuse procedural rights.
4. Prevention of illegal obstacles. Avoiding any actions that may create obstacles for fair and timely consideration of cases.
Procedural coercion measures are important for maintaining order and the authority of the court, as well as for ensuring the rights and freedoms of all participants in the process. They help the court manage the process effectively, ensuring that justice is done without undue delay or obstruction.
Grounds and procedure for applying measures of procedural coercion
Procedural coercion measures are applied by the court by issuing a resolution in the cases defined by the Code.
The requirements that apply to a court decision are applied to the court decision on the application of procedural coercion measures.
Types of measures of procedural coercion:
AND.A warning is a measure that is applied to the participants of the court process after they violate the order during the court session or fail to comply with the court's orders in order to warn the person about the possible consequences of non-compliance with procedural rules or obligations.
II. Removal from the courtroom is a measure that allows the court to remove a person from the courtroom if his behavior interferes with the course of the court process. Removal from the courtroom is applied to participants in the court process or other persons present in the courtroom in the case of a warning already applied to them as a measure of procedural coercion.
III. Temporary seizure of evidence for examination by the court.
Temporary sequestration of evidence for examination by the court is an important procedural tool that allows the court to ensure that the necessary evidence is available for consideration of the case. Here are the key features and the order of its application:
Features:
- Application in case of non-submission of evidence: If a party does not submit evidence at the request of the court without good reason, the court has the right to remove it for examination.
- Executive character of the decision: The decision on the temporary seizure of evidence has the status of an executive document and is subject to immediate execution.
The procedure for applying a measure of procedural coercion:
1. Making a decision by the court: The court makes a decision on the removal of evidence, if it was not submitted properly.
2. Content of the resolution: The resolution contains information about the person from whom the evidence is seized, a description of the evidence, the grounds for the seizure, and the person to whom the seizure is entrusted.
3.Execution of the decision: The state executor seizes evidence on the basis of the court decision.
This mechanism allows the court to effectively manage the evidence collection process, ensuring that all necessary materials are available for the case. It also serves as a guarantee that the parties cannot avoid presenting evidence that may be important to the fair resolution of the court case. It is important that all procedural actions comply with the legislation and ensure the protection of the rights of participants in the legal process.
IV. A pretext is the forced delivery of a person to court if he evades appearance.
A witness summons is a procedural measure used to ensure the attendance of a witness at a court hearing.
Features of the application of the drive:
- Application in case of failure to appear: A pretext can be applied if a witness who has been duly summoned does not appear at the court session without good reason.
- Reimbursement of expenses: In case of application of the drive, the expenses for its implementation are reimbursed to the state income.
- Exceptions to the rule: Some categories of persons, such as minors, minors, pregnant women, persons with disabilities of groups I and II, and persons who take care of children under six years of age or children with disabilities, persons who cannot be questioned as witnesses , are not subject to reason.
The order of application of the drive:
1. Promulgation of the decision: The court issues a decision on the pretext, specifying information about the person subject to the pretext and the grounds for its application.
2. Transfer of the decision: The decision on the pretext is transferred for implementation to the relevant body of the National Police of Ukraine.
3. Execution of the pretext: The National Police body executes the pretext, delivering the witness to the court at the specified time and place.
The pretext helps ensure the presence of witnesses at the court hearing, which is important for clarifying the circumstances of the case and ensuring a fair trial. It is important that the application of the pretext takes place in accordance with the law and with respect for the rights of persons who are subject to this procedural measure.
V. A fine is a financial penalty that can be imposed on a person for violation of procedural norms or for non-compliance with court decisions.
Grounds for applying a fine:
1. Non-fulfillment of procedural obligations - this may include evasion of the actions that the court imposed on the participant in the legal process.
2. Abuse of procedural rights - for example, actions or inaction that obstruct the judicial process.
3. Failure to notify the court about the impossibility of submitting evidence - or failure to submit evidence without valid reasons.
4. Failure to comply with a court order - such as failure to provide a copy of a response to a lawsuit (appeal or cassation complaint), a copy of a response to a response, objections or other documents to another party to the case within the time limit set by the court.
5. Violation of the prohibition - the use of portable audio technical devices during the settlement of a dispute with the participation of a judge.
Procedure for applying the fine:
1.The court can levy a fine from 0.3 to three times the subsistence minimum for able-bodied persons for the above-mentioned violations.
2. In case of repeated or systematic violation, the fine may be increased to ten times the subsistence minimum.
3. The fine can be collected both from the participant in the case and from his representative.
4. The decision on the collection of a fine can be appealed in the appeal procedure.
5. The decision to levy a fine is an executive document.
6. The court may cancel the decision on the collection of a fine, if the violation has been corrected.
Procedural coercion measures play a key role in ensuring the effectiveness and fairness of the judicial process. They help maintain the order and authority of the court, ensuring compliance with procedural norms and rules by all participants in the process. These measures also contribute to the speedy and efficient resolution of cases by preventing the process from being delayed due to the dishonest behavior of parties or witnesses.
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