Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Publicación cientíca en formato digital
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185
Depósito legal pp 197402ZU34
ppi 201502ZU4645
Vol.40 N° 75
2022
Recibido el 24/07/2022 Aceptado el 12/10/22
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
Hu ma nas y So cia les, a tra vés de la di vul ga ción de los re sul ta dos lo gra dos por sus in ves-
ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
:
Re vicyhLUZ, In ter na tio nal Po li ti cal Scien ce Abs tracts, Re vis ta In ter ame ri ca na de
Bi blio gra fía, en el Cen tro La ti no ame ri ca no para el De sa rrol lo (CLAD), en Bi blio-
gra fía So cio Eco nó mi ca de Ve ne zue la de RE DIN SE, In ter na tio nal Bi blio graphy of
Po li ti cal Scien ce, Re vencyt, His pa nic Ame ri can Pe rio di cals In dex/HAPI), Ul ri ch’s
Pe rio di cals Di rec tory, EBS CO. Se en cuen tra acre di ta da al Re gis tro de Pu bli ca cio-
nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
Di rec to ra
L
OIRALITH
M. C
HIRINOS
P
ORTILLO
Co mi té Edi tor
Eduviges Morales Villalobos
Fabiola Tavares Duarte
Ma ría Eu ge nia Soto Hernández
Nila Leal González
Carmen Pérez Baralt
Co mi té Ase sor
Pedro Bracho Grand
J. M. Del ga do Ocan do
José Ce rra da
Ri car do Com bel las
An gel Lom bar di
Die ter Nohlen
Al fre do Ra mos Ji mé nez
Go ran Ther born
Frie drich Welsch
Asis ten tes Ad mi nis tra ti vos
Joan López Urdaneta y Nil da Ma rín
Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
“Dr. Hum ber to J. La Ro che”. Ma ra cai bo, Ve ne zue la. E- mail: cues tio nes po li ti cas@gmail.
com ~ loi chi ri nos por til lo@gmail.com. Te le fax: 58- 0261- 4127018.
Vol. 40, Nº 75 (2022), 89-103
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Exercising the right to a fair trial during
the Covid-19 pandemic in Ukraine and the
European Union
DOI: https://doi.org/10.46398/cuestpol.4075.05
Liudmyla Golovko *
Viktor Ladychenko **
Andrew Kudin ***
Olena Yara ****
Olena Uliutina *****
Abstract
The purpose of the scientic research is to explore the problem
of exercising the right to a fair trial during the COVID-19 pandemic
and suggest solutions. To achieve this purpose, general and special
scientic research methods were used, in particular system-
functional method, dialectical and statistical methods, method
of hermeneutics. The right to a fair trial cannot be limited, as the main
function of the state is to ensure the protection of the rights and freedoms
of citizens. According to the legislation of most countries, the principle of
the rule of law is recognized, an important component of which is the right
to apply to the court, as provided for in Article 6 of the Convention for the
Protection of Human Rights and Fundamental Freedoms of 1950 (ECHR)
as the right to a fair trial. Courts exist to meet human needs and to promote
the preservation of social values. The judicial system must be ecient,
simple and accessible to the average citizen. However, in connection with
the coronavirus pandemic, the judicial system has faced the issue of how
to simultaneously ensure the rights of citizens to judicial protection and
protect the population from acute infectious diseases.
Keywords: the right to a fair trial; protection of human rights;
enforcement of the right to a fair trial; elements of fair trial;
criminal proceedings.
* National University of Life and Environmental Sciences of Ukraine, Kyiv, Ukraine. ORCID ID: https://
orcid.org/0000-0002-3742-2827
** National University of Life and Environmental Sciences of Ukraine, Kyiv, Ukraine. ORCID ID: https://
orcid.org/0000-0002-7823-7572
*** State Enterprise "Ukrainian Institute of Intellectual Property", Kyiv, Ukraine. ORCID ID: https://
orcid.org/0000-0002-3259-454X
**** National University of Life and Environmental Sciences of Ukraine, Kyiv, Ukraine. ORCID ID: https://
orcid.org/0000-0002-7245-9158
***** National University of Life and Environmental Sciences of Ukraine, Kyiv, Ukraine. ORCID ID:
https://orcid.org/0000-0003-1982-9911
90 Liudmyla Golovko, Viktor Ladychenko, Andrew Kudin, Olena Yara y Olena Uliutina
Exercising the right to a fair trial during the Covid-19 pandemic in Ukraine and the European Union
Ejercicio del derecho a un juicio justo durante la
pandemia de covid-19 en Ucrania y la Unión Europea
Resumen
El propósito de la investigación fue explorar el problema del ejercicio
del derecho a un juicio justo durante la pandemia de COVID-19. Para lograr
este propósito se utilizaron métodos de investigación cientíca generales: en
particular el método sistema-funcional, métodos dialécticos y estadísticos
y el método de la hermenéutica. El derecho a un juicio justo no puede ser
limitado, ya que la función principal del Estado es garantizar la protección
de los derechos y libertades de los ciudadanos. De acuerdo con la legislación
de la mayoría de los países, se reconoce el principio del Estado de derecho,
cuyo componente es el derecho a recurrir a los tribunales, tal como prevé el
artículo 6 del Convenio para la Protección de los Derechos Humanos y las
Libertades Fundamentales de 1950 (CEDH), como derecho a un juicio justo.
Los tribunales existen para satisfacer las necesidades humanas y promover
la preservación de los valores sociales. Se concluye que el sistema judicial
debe ser eciente, sencillo y accesible al ciudadano medio. Sin embargo,
en relación con la pandemia del coronavirus, el sistema judicial se ha
enfrentado al problema de cómo garantizar simultáneamente los derechos
de los ciudadanos a la protección judicial y proteger de esta enfermedad.
Palabras clave: derecho a un juicio justo; protección de los derechos
humanos; aplicación del derecho a un juicio justo;
elementos de un juicio justo; proceso penal.
Introduction
The COVID-19 pandemic has caused the need for changes in the practice
of exercising the right to a fair trial. The courts faced a dicult task: to
ensure the protection of human rights, including the realization of the right
to a fair trial, but at the same time to ensure the protection of life and health
of both citizens and employees of the judicial system. For the successful
implementation of this task, changes to the legislation are necessary, which
would ensure transparency and clarity in the administration of justice,
as well as optimal coordination of the interests of all parties. Countries
approached this task in dierent ways. Considering that this topic is new,
it is useful to compare the approaches to solving this issue that have been
applied in dierent countries.
During the quarantine in the EU member states, a number of changes
were made to the legislation in order to protect the health of the population,
but at the same time to ensure the right of citizens to a fair trial. It is useful to
91
CUESTIONES POLÍTICAS
Vol. 40 Nº 75 (2022): 89-103
consider a positive experience that has proven itself in practice (Oleksenko
et al., 2021).
Insucient coverage in domestic and foreign literature on the theory
and practice of realization of the right to a fair trial during the COVID-19
pandemic, insucient consideration and incomplete analysis of its
implementation mechanisms, lack of comparative analysis of legislation
in this sphere in dierent states, as well as the urgency of solving the the
problem of realization of the right to a fair trial in Ukraine during the war
determined the choice of of the theme of this article.
The right to a fair trial is one of the main preconditions for ensuring the
rule of law. Therefore, the realization of this right must be ensured under
any circumstances (Villasmil, 2021)
1. Objectives
The purpose of this scientic article is to determine and justify main
features of the realization of the right to a fair trial in Ukraine and the EU
during the COVID-19 Pandemic.
2. Materials and methods
During the writing of the scientic work, both general and special
scientic research methods were used. Using the system-functional
method, the analysis of the constituent elements of the right to a fair trial
as well as the criteria for reasonable time in civil cases was carried out. The
dialectical method was used to clarify the prospects for further development
of e-justice.
The method of hermeneutics was used to analyze the current legislation
of the EU member states and Ukraine, aimed at supporting the exercise
of the right to a fair trial. The statistical method was used to obtain an
empirical basis, which has become one of the main sources of information
on the success of legal regulation of realization of the right to a fair trial in
individual states.
3. Results and discussion
The right to a fair trial is one of the main preconditions for ensuring the
rule of law. The right to a fair trial is addressed in Article 6 of the ECHR,
which has become the basis for the creation of a number of international
legal treaties in the eld of human rights, as well as a model for drafting
legislation of individual countries.
92 Liudmyla Golovko, Viktor Ladychenko, Andrew Kudin, Olena Yara y Olena Uliutina
Exercising the right to a fair trial during the Covid-19 pandemic in Ukraine and the European Union
In the above-mentioned article, when settling the right to a fair trial,
attention is focused on the following constituent elements: fair hearing;
public consideration; reasonable time; independence and impartiality of
the court; public proclamation of a court decision with an indication of
exceptions to this general rule, when such factors as the interests of morality,
public order, national security have place; declaration of the presumption of
innocence; the right to be informed in native language about the nature and
causes of the accusation; providing opportunities and time to prepare for
the defense; dispositive Ness in choosing the method of defense (personally
or with the help of a defender).
In criminal cases, the emphasis is on the following components of the
right to a fair trial: the provision of free legal aid in the case of an objective
impossibility to pay for the services of a lawyer; equal rights, responsibilities,
defense of witnesses; providing the accused with free assistance of an
interpreter in case of misunderstanding of the language used in court, or
inability to speak the language (Convention for the Protection of Human
Rights and Fundamental Freedoms, 1950).
The general right to a fair and public trial before a competent,
independent and impartial tribunal is also provided for in the International
Covenant on Civil and Political Rights (article 14). Everyone accused of a
criminal oense has the right to be presumed innocent until proved guilty
according to law (United Nations, 1966).
Access to court also provides for the right to appeal independently, if the
person believes that his/her rights and interests are violated, and national
law should not create obstacles to individual appeal, with the motivation that
this right belongs to the competent authority or other entity (Ladychenko
and Golovko, 2018). The reasonableness of the length of the proceedings
is extremely important and conditioned by the public interest, as well as
the independence and fairness of the trial and the predictability of court
decisions. Cases should not be considered for too long. At the same time, in
appropriate circumstances, the consideration should not be too rapid if it
aects the right to a fair trial.
Trial time management should be adapted to the needs of each individual
case, paying special attention to the needs of the parties. Normative time
limits established by law or other normative legal act should be used with
caution, taking into account possible dierences between cases.
If the time limit is set at the legislative level, its observance and
compliance should be a subject to constant monitoring and evaluation.
If the law also establishes that certain types of court cases have priority
or are considered urgently, such a general rule is subject to reasonable
interpretation, taking into account the purposes for which priority was
granted or the urgent nature of the case.
93
CUESTIONES POLÍTICAS
Vol. 40 Nº 75 (2022): 89-103
Time limits set by the court (for example, the time limit for remedying
deciencies in the statement of claim or appeal) must comply with the
principle of reasonableness. In determining the duration of these terms
(at its own discretion), the court must take into account the principles
of dispositive Ness and adversarial, time limits established by law when
determining the timing of specic proceedings based on the complexity of
the case, the number of participants, possible diculties in requesting and
examining evidence.
In particular, a period that is objectively necessary for the performance
of procedural actions, adoption of procedural decisions and consideration
and resolution of the case in order to ensure timely (without undue delay)
judicial protection is considered reasonable.
Taking into account the case law of the European Court of Human
Rights, the criteria for reasonable time in civil cases are: legal and factual
complexity of the case; the conduct of the applicant, as well as other
persons involved in the case, other participants in the process; actions of
public authorities (primarily the court); the nature of the proceedings and
their signicance for the applicant (Case of Fedina v Ukraine of September,
2010; Case of Matica v Romania of November, 2006, etc).
In assessing the legal and factual complexity of the case, one should
take into account, in particular, the existence of circumstances that make
it dicult to consider the case; number of co-plaintis, co-defendants
and other participants in the process; the need for examinations and their
complexity; the need to interrogate a signicant number of witnesses;
participation in the case of a foreign element and the need to clarify and
apply the rules of foreign law.
At the same time, the courts should proceed from the fact that such
a circumstance as the consideration of a civil case by courts of various
instances cannot in itself indicate its complexity.
When assessing the manner in which the investigator, prosecutor and
court exercise their powers, the consistency and timeliness of procedural
actions should be taken into account; the presence of periods of inactivity,
the causes of which must be claried in each case; timeliness of notication
of a person about suspicion; the validity of the postponement and suspension
of criminal proceedings; the timeliness of the appointment of criminal
proceedings; holding court hearings at the appointed time; observance of
terms of sending of copies of procedural decisions to participants of court
proceedings; the completeness of the judge’s control over the performance
by court employees of their ocial duties, including the notication of
participants in criminal proceedings about the time and place of the
court hearing; completeness and timeliness of taking measures by the
investigator, prosecutor, court (judge) to ensure criminal proceedings
94 Liudmyla Golovko, Viktor Ladychenko, Andrew Kudin, Olena Yara y Olena Uliutina
Exercising the right to a fair trial during the Covid-19 pandemic in Ukraine and the European Union
and other measures aimed at preventing unfair conduct of participants
in criminal proceedings; the nature and eectiveness of actions aimed at
accelerating criminal proceedings, etc.
In connection with the coronavirus pandemic on March 11, 2020, the
Cabinet of Ministers of Ukraine by its Resolution № 211 “On Preventing
the Spread of COVID-19 Coronavirus in Ukraine” established quarantine.
For this period a special operating regime was introduced in the courts of
Ukraine.
On March 16, 2020, the Council of Judges of Ukraine, in letter № 9-rs-
186/20, provided recommendations to establish a special working regime
for the courts for the period from March 16, 2020 to April 3, 2020, in
particular:
• To explain to citizens the possibility of postponing the consideration
of cases in connection with quarantine measures and the possibility
of considering cases in the mode of videoconference.
• To terminate all activities not related to the procedural activities of
the court and ensuring the activities of the judiciary (round tables,
seminars, open days, etc.).
• To terminate the personal reception of citizens by the court
management.
• To restrict the admission to court hearings of persons who are not
participants in court hearings.
• To restrict the admission to court hearings and court premises of
persons with signs of respiratory diseases: pale face, red eyes, cough.
• To familiarize the participants in the trial with the materials of the
court case, if there is such a technical possibility, to carry it out
remotely, by sending scanned copies of the materials of the case to
the email address specied in the application, to accept applications
for familiarization via remote communication means.
• To reduce the number of court hearings scheduled for consideration
during the working day.
• If possible, to carry out the consideration of cases without the
participation of the parties, in the manner of written proceedings.
• Judges and employees of the court apparatus, at the slightest sign of
illness, take measures for self-isolation, report their health status to
the appropriate health care institution and the court management
by telephone, e-mail (Letter of the Council of Judges of Ukraine,
2020).
95
CUESTIONES POLÍTICAS
Vol. 40 Nº 75 (2022): 89-103
When determining the peculiarities of the work of the court for the period
of quarantine measures, one should take into account the specialization of
the court, the jurisdiction and the corresponding categories of cases.
On March 26, 2020, the High Council of Justice adopted a Decision
“On access to justice in the context of the pandemic of acute respiratory
disease COVID-19 caused by the coronavirus SARS-CoV-2”. According
to the decision, during the quarantine cases should be considered online.
The High Council of Justice appealed to the President of Ukraine and the
Parliament of Ukraine with a proposal to amend the procedural codes that
would ensure the right of individuals to access to justice under quarantine,
introduced in order to prevent the spread of acute respiratory disease
COVID-19 caused by coronavirus on the territory of Ukraine.
It also appealed to the State Judicial Administration of Ukraine and the
Judicial Protection Service for the urgent development of amendments to
the Regulation on the temporary procedure for ensuring the protection of
courts, bodies and institutions of the justice system, as well as maintaining
public order in them, which provide for the specics of admitting persons
to court and acceleration of work on the Unied Judicial Information and
Telecommunication System in part, ensuring the participation of persons
in court hearings remotely (Decision of the High Council of Justice of
Ukraine, 2020).
In order to ensure proper access to justice for participants, on March 30,
2020, the Parliament of Ukraine adopted Law №540-IX “On Amendments
to Certain Legislative Acts Aimed at Providing Additional Social and
Economic Guarantees in Connection with the Spread of Coronavirus
Disease (COVID-2019)”. The above law provides for the possibility of
holding court sessions in administrative, civil and economic cases using
video conferencing. The Law contains a number of changes to procedural
law, namely:
• during the quarantine established by the Cabinet of Ministers for
the prevention of the spread of coronavirus disease (COVID-19), the
procedural terms are extended for the period of quarantine. That
is, the Law provided for the automatic extension of all general and
special terms of limitations established by civil, commercial, family
and labor legislation. In this case, the term set by the court in its
decision may not be less than the quarantine period associated with
the prevention of the spread of coronavirus disease;
• during the quarantine, the parties to the case may participate in
the court hearing by videoconference outside the court premises
using their own technical means. Conrmation of the identity of the
party to the case is carried out by applying an electronic signature.
Concerning the extension of court hearings, in our opinion, the lack
96 Liudmyla Golovko, Viktor Ladychenko, Andrew Kudin, Olena Yara y Olena Uliutina
Exercising the right to a fair trial during the Covid-19 pandemic in Ukraine and the European Union
of a provision on the impossibility of postponing certain types of
cases (for example, in cases of establishing the place of residence of
a child) is a disadvantage.
The procedure of holding court hearings is regulated in more detail by
the Order of the State Judicial Administration №169 “On approval of the
Procedure for working with technical means of videoconferencing during
court hearings in administrative, civil and commercial proceedings with the
parties outside the court” of April, 8, 2020. Participants in the trial shall
take part in the court session by videoconference outside the court premises,
provided that the court has the appropriate technical capability, which the
court indicates in the decision, in the manner prescribed by procedural law.
Information about the conduct of procedural actions in the mode of
videoconference is posted on the ocial web portal of the judicial authority
of Ukraine. The responsibilities for the implementation of organizational
measures related to the operation of the videoconferencing system in court
are assigned to the chief of sta of the relevant court. The party to the
case, who submitted the relevant application bears the risks of technical
impossibility to participate in the mode of videoconference outside the
courtroom, interruption of communication, etc.
Participants wishing to attend the court hearing by videoconference
must: have an electronic digital signature and personal technical means
(computer, video camera, etc.); register at the system on the ocial web
portal of the judiciary of Ukraine at www.court.gov.ua; not later than
ve days before the court hearing to submit a standard application for
participation in such a court hearing. Participants are identied by showing
on the camera a page with a photo of a passport or other identity document
(Order of the State Judicial Administration, 2020). The entire course of the
trial is recorded by technical means, copies of which are stored in the case
le on DVD.
As we can see, legislator established two conditions for the implementation
of the videoconferencing regime - the use of its own technical means and
electronic digital signature. The issue of protection of personal data of
participants in court proceedings remains open, as there is no software in
Ukraine that would allow for safe remote hearing of cases in court. It should
be noted that scientists (Dubchak, 2019; Funta, 2021; Gulac, 2019; Klimek,
2017; Krasnova, 2019; Ladychenko et al., 2019; Vasіuk, 2020; Yara, 2021)
pay attention to the need to ensure the protection of personal data.
On April 23, 2020, the Order of the State Judicial Administration
№ 196 adopted a new procedure for the work with technical means of
videoconferencing. In fact, the mechanism of access and holding a court
hearing by videoconference is similar to the procedure provided by the
Order № 169. The key innovations of the new order include:
97
CUESTIONES POLÍTICAS
Vol. 40 Nº 75 (2022): 89-103
• The possibility of holding court hearings by videoconference with
the help of software on the participants’ choice. These can be Zoom,
Skype, EasyCon, etc.
• Demonstration on the camera of a page with a photo of a passport
or other identity document is not mandatory and can be carried out
only if necessary.
• The course and results of procedural actions carried out in the mode
of videoconference are recorded by the court with the help of any
digital media.
Order of the State Judicial Administration of Ukraine of July 17, 2020
№ 314 On Amendments to the Order of the State Judicial Administration
of Ukraine designated the State Enterprise “Center for Judicial Services”
as a controller of personal data, which can be used to identify an individual
who participates in a court hearing by videoconference.
With regard to the consideration of criminal cases during the quarantine,
criminal proceedings in courts of all instances are open (Ladychenko
et al., 2021). Court may decide to restrict access of persons who are not
participants in the trial to a court hearing during the quarantine established
by the government in accordance with the Law of Ukraine “On Protection
of the Population from Infectious Diseases”, if participation in the trial will
endanger life or personal health. I. Tautly pays attention to what exactly the
legislator understands by the term “threat to life and health of the person”.
According to the scientist, judges do not and should not have such
special medical skills as “establishing a real threat”. The judge may decide
to conduct criminal proceedings in a closed court session only in the
following cases: if the accused is a minor; in case of consideration of a crime
against sexual freedom and sexual integrity of a person; if there is a need
to prevent the disclosure of information about personal and family life or
circumstances that degrade person’s dignity; if the conduct of proceedings
in open court may lead to the disclosure of secret information protected by
law; if there is a need to ensure the safety of persons involved in criminal
proceedings (Tatulych, 2020).
During the quarantine in the EU member states, a number of changes
were made to the legislation in order to protect the health of the population,
but at the same time to ensure the right of citizens to a fair trial. It is useful
to consider a positive experience that has proven itself in practice.
In Bulgaria, although during the quarantine, the procedural terms of
consideration of cases in court were continued, while restrictions were
imposed on the extension of procedural terms in certain types of cases,
both in criminal proceedings (for example, seizure, parole), civil, economic
(permission for the withdrawal of children’s deposits), and administrative
98 Liudmyla Golovko, Viktor Ladychenko, Andrew Kudin, Olena Yara y Olena Uliutina
Exercising the right to a fair trial during the Covid-19 pandemic in Ukraine and the European Union
cases (appealing against orders for the immediate implementation of
administrative acts). Also, submission of all documents was possible in
electronic form (Law of Ukraine, 2020).
Restrictions on the extension of procedural time limits in some cases
were also established in Austria (2020), for example, in cases on imminent
threat to security or personal liberty, payment deadlines (Law of Ukraine,
2020).
In Denmark, during quarantine, judges worked from home. The courts
had considerable discretion while making decision which cases were critical,
the term for consideration of which cannot be extended. Consideration of
other cases was postponed (Nybroe, 2020; Ladychenko et al., 2020). Given
the fact that no changes were made to the procedural legislation, the courts
themselves decided on the organization of work, taking into account the
situation. Family disputes were considered without the participation of the
parties.
In Estonia, procedural time limits were extended by courts depending on
the specic case. As no changes were made to the legislation on this issue,
the decisions were made by judges at their own discretion. Urgent cases
were considered using electronic means of communication. According to the
Estonian Civil Procedure Code, in exceptional and urgent cases concerning
children, court may issue preliminary orders without hearing the parties in
court. Judges often used this provision during quarantine. Legal disputes
involving children often require immediate resolution. Therefore, this
experience of Estonia is useful and worthy of adoption.
The Ministry of Justice in accordance with the amendment to § 3 par.
1 letter a) of Act № 62/2020 Coll. on certain emergency measures in
connection with the spread of the dangerous contagious human disease
COVID-19 and in the judiciary prepared a Decree on the conduct of
hearings, main hearings and public meetings in times of emergency and
state of emergency. The Decree stipulated in what matters hearings and
sessions may take place.
These include custody cases, decisions of pre-trial judges, conditional
release from prison, decisions on imposing protective treatment, changing
the method of protective treatment, extension of protective treatment,
dismissing and termination of protective treatment. Hearings, main
hearings and public hearings may also be held in cases concerning minors,
adoption, legal capacity, admissibility of detention in a medical facility or,
for example, in asylum matters, detention and administrative deportation
and civil and non - civil proceedings, if the parties to the dispute or the
parties to the proceedings have agreed to a hearing in their absence. In
addition to the matters mentioned above, a hearing, a main hearing and
a public hearing may be held in the event of an emergency or state of
emergency, even if the matter cannot be postponed.
99
CUESTIONES POLÍTICAS
Vol. 40 Nº 75 (2022): 89-103
Conclusions
Restrictions related to the COVID-19 pandemic have aected access to
justice and the guarantee of a public trial in most countries. Some courts
barred observers and journalists from accessing the premises during
quarantine restrictions. In some countries, there have been obstacles to
ensuring equal access to justice through digital technologies.
In Ukraine during the COVID-19 pandemic, the practice of conducting
court hearings by videoconference is being actively introduced. In order to
legally regulate such court hearings, a number of legal acts were adopted.
However, unfortunately today the application of such a mechanism has
faced the following problems.
At the moment in Ukraine electronic court is only being developed.
The normative legal act on the Unied Judicial Information and
Telecommunication System has not yet been adopted. The issue of
protection of personal data of participants in court proceedings is still not
regulated, because there is no software in Ukraine that would allow for safe
remote hearing of cases in court. There is a lack of proper technical facilities
in many courts.
It should also be noted the unequal opportunities of the parties to the
dispute in protecting their rights, since in some regions of Ukraine access to
the Internet is weak or even absent and not all Ukrainian citizens have the
appropriate technical means.
Electronic court is the best solution, which provides an opportunity to
consider cases within the time limits set by law and receive all the necessary
documents from citizens to guarantee the protection of their rights. In
any case, the right of citizens to a fair trial cannot be limited, as the main
function of the state is to ensure the protection of the rights and freedoms
of citizens.
Bibliographic References
CASE “FEDINA V UKRAINE”. 2010. Available online. In: http://echr.
ketse.com/doc/17185.02-en-20100902/view/. Consultation date:
07/07/2022.
CASE “METICA V ROMANIA”. 2006. Available online. In: http://echr.
ketse.com/doc/19567.02-en-20061102/view/. Consultation date:
07/05/2022.
DUBCHAK, Liudmyla; GULAC, Olena; IARMOLENKO, Iuliia; YANCHUK,
Julia. 2019. “Cooperation of Ukraine and the European Union in the
100 Liudmyla Golovko, Viktor Ladychenko, Andrew Kudin, Olena Yara y Olena Uliutina
Exercising the right to a fair trial during the Covid-19 pandemic in Ukraine and the European Union
Ecological Sector: Directions and Prospects” In: European Journal of
Sustainable Development. Vol. 8, No. 1, pp. 22-30.
EUROPEAN COURT OF HUMAN RIGHTS. 1950. Convention for
the Protection of Human Rights and Fundamental Freedoms.
Available online. In: https://www.echr.coe.int/Pages/home.
aspx?p=basictexts&c#:~:text=The%20Convention%20for%20the%20
Protection,force%20on%203%20September%201953. Consultation
date: 07/07/2022.
FUNTA, Rastislav. 2021. Medzinárodné právo. 2. vyd. Brno: MSD, 2021. 310 s.
GULAC, Olena; GOSHOVSKA, Valentyna; GOSHOVSKYI, Volodymyr;
DUBCHAK, Liudmyla. 2019. “New Approaches to Providing of
Environmental Management in Ukraine on the Way to Euro Integration”
In: European Journal of Sustainable Development. Vol. 8, No. 2, pp. 45-
56.
KLIMEK, Libor. 2017. Mutual Recognition of Judicial Decisions in European
Criminal Law. Springer. Cham, Germany.
KRASNOVA, Yulia; DEINEHA, Marina; HONCHARUK, Liudmyla;
SVYATCHENKO, Liudmyla. 2019. “Ecological court as the guarantee of
protection of rights of human and citizens” In: Bulletin of NAS RK. Vol.
4, pp. 185-191.
LADYCHENKO, Viktor; GOLOVKO, Liudmyla. 2018. “The Right to Access
to Environmental Information in Ukraine and the EU” In: European
Journal of sustainable development. Vol. 7, No. 3, pp. 455-459.
LADYCHENKO, Viktor; GULAC, Olena; YEMELIANENKO, Karim;
DANYLIUK, Yurii; KURYLO, Volodymyr. 2021. “Ensuring Sustainable
Development of Local Self Government: Foreign Experience for Ukraine”
In: European Journal of Sustainable Development. Vol. 10, No. 4, pp.
167-178.
LADYCHENKO, Viktor; MELNYCHUK, Olha; GOLOVKO, Liudmyla;
BURMAK, Oksana. 2020. “Waste Management at the Local Level in the
EU and Ukraine” In: European Journal of Sustainable Development.
Vol. 9, No. 1, pp. 329-329.
LADYCHENKO, Viktor; YARA, Olena; ULIUTINA, Olena; GOLOVKO,
Liudmyla. 2019. “Environmental Liability in Ukraine and the EU” In:
European Journal of Sustainable Development. Vol. 8, No. 2, pp. 261-
267.
101
CUESTIONES POLÍTICAS
Vol. 40 Nº 75 (2022): 89-103
LAW OF AUSTRIA. 2020. Consolidated federal law: Entire legal
regulation for the 1st COVID-19 Justice Accompanying Act 1.
Available online. In: https://www.ris.bka.gv.at/GeltendeFassung.
wxe?Abfrage=Bundesnormen&Gesetzesnummer=20011087.
Consultation date: 07/05/2022.
LAW OF SLOVAK REPUBLIC. 2020. Act of Slovak Republic on certain
emergency measures in connection with the spread of the dangerous
contagious human disease COVID-19 and in the judiciary and amending
certain laws. Available online. In: https://www.slov-lex.sk/pravne-
predpisy/SK/ZZ/2020/62/20200327. Consultation date: 07/05/2022.
LAW OF UKRAINE. 2020. Decision of the High Council of Justice of Ukraine
“On access to justice in the context of the pandemic of acute respiratory
disease COVID-19 caused by the coronavirus SARS-CoV-2”. Available
online. In: https://hcj.gov.ua/doc/doc/2412. Consultation date:
07/05/2022.
LAW OF UKRAINE. 2020. Law of Ukraine №540-IX “On Amendments
to Certain Legislative Acts Aimed at Providing Additional Social and
Economic Guarantees in Connection with the Spread of Coronavirus
Disease (COVID-2019)” Available online. In: https://zakon.rada.gov.ua/
laws/show/540-20#Text. Consultation date: 07/05/2022.
LAW OF UKRAINE. 2020. Letter of the Council of Judges of Ukraine No.
9-rs-186/20, provided recommendations to establish a special working
regime for the courts for the period from March 16, 2020 to April 3, 2020.
Available online. In: http://rsu.gov.ua/uploads/news/no9rs-18620-vid-
16032020-verhovn-92b86c6546.pdf. Consultation date: 07/07/2022.
LAW OF UKRAINE. 2020. New Act on the Measures and Actions during the
State of Emergence. Available online. In: https://home.kpmg/bg/
en/home/insights/2020/03/new-act-on-the-measures-and-actions-
during-the-state-of-emergenc.html. Consultation date: 07/05/2022.
LAW OF UKRAINE. 2020. Order of the State Judicial Administration №169
“On approval of the Procedure for working with technical means of
videoconferencing during court hearings in administrative, civil and
commercial proceedings with the parties outside the court”. Available
online. In: https://court.gov.ua/userles/media/sud4812/Nakaz_
DSA_169_20_1.pdf. Consultation date: 07/05/2022.
LAW OF UKRAINE. 2020. Order of the State Judicial Administration On
amendments to the Procedure for work with technical means of
videoconferencing during a court hearing in administrative, civil and
commercial proceedings with the participation of the parties outside
102 Liudmyla Golovko, Viktor Ladychenko, Andrew Kudin, Olena Yara y Olena Uliutina
Exercising the right to a fair trial during the Covid-19 pandemic in Ukraine and the European Union
the courtroom. Available online. In: https://dsa.court.gov.ua/dsa/
inshe/14/N_196_20. Consultation date: 07/05/2022.
LAW OF UKRAINE. 2020. Order of the State Judicial Administration on
Amendments to the Order of the State Judicial Administration of Ukraine
of April 23, 2020 № 196. Available online. In: https://zakon.rada.gov.
ua/rada/show/v0314750-20#Text. Consultation date: 07/05/2022.
LAW OF UKRAINE. 2021. Decree of the Ministry of Justice of the Slovak
Republic of 22 January 2021 on the conduct of hearings, main hearings
and public sittings in times of emergency and state of emergency.
Available online. In: https://www.slov-lex.sk/pravne-predpisy/SK/
ZZ/2021/24/20210123. Consultation date: 07/05/2022.
NYBROE, Marianne Gram. 2020. Plan for reopening the Courts of Denmark.
Available online. In: https://rm.coe.int/plan-for-reopening-of-the-
courts-of-denmark/16809e5a14. Consultation date: 07/05/2022.
OLEKSENKO, Roman; BORTNYKOV, Yevhenii; BILOHUR, Stanislav;
RYBALCHENKO, Nina; MAKOVETSKA, Natalia. 2021. “Transformations
of the organizational and legal mechanism of the Ukrainian state policy
in tourism and hospitality” In: Cuestiones Políticas. Vol. 39, No. 70, pp.
768-783.
TATULYCH, Iryna. 2020. The right of citizens to judicial protection under
quarantine. Available online. In: https://law.chnu.edu.ua/pravo-
hromadian-na-sudovyi-zakhyst-v-umovakh-karantynu/. Consultation
date: 07/05/2022.
UNITED NATIONS HUMAN RIGHTS OFFICE OF THE HIGH
COMMISSIONER. 1966. International Convention on Civil and
Political Rights. Available online. In: https://www.ohchr.org/en/
professionalinterest/pages/ccpr.aspx. Consultation date: 07/07/2022.
UNITED NATIONS. 2007. General comments №32 to Article 14 of the
International Covenant on Civil and Political Rights: Right to equality
before courts and tribunals and to fair trial. Available online. In: https://
digitallibrary.un.org/record/606075. Consultation date: 07/07/2022.
VASІUK, Oksana; GULAC, Olena; SHUST, Vasyl; MARCHENKO,
Svitlana; HALAI, Andrii; HALAI, Viktoriia. 2020. “Legal Grounds
for Social Work Organization in Rural Communities of Ukraine” In:
European Journal of Sustainable Development. Vol. 9, No. 3, pp. 503-
512.
VILLASMIL, Jorge. 2021. “Derecho penal y Derechos humanas: una relación
compleja” In: Cuestiones Políticas. Vol. 39, No. 70, pp. 16-17.
103
CUESTIONES POLÍTICAS
Vol. 40 Nº 75 (2022): 89-103
YARA, Olena; BRAZHEYEV, Anatoliy; GOLOVKO, Liudmyla; BASHKATOVA,
Viktoriia. 2021. “Legal Regulation of the Use of Articial Intelligence:
Problems and Development Prospects” In: European Journal of
Sustainable Development. Vol. 10, No. 1, pp. 281-289.
www.luz.edu.ve
www.serbi.luz.edu.ve
www.produccioncienticaluz.org
Esta revista fue editada en formato digital y publicada
en diciembre de 2022, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.40 Nº 75
