УДК 343.154

DOI 10.37566/2707-6849-2023-1(42)-11

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Oleksandra ZHUKOVSKA,

Judge of the Dubenskyi City-Raion Court of Rivne Oblast,

postgraduated student of The National University of Ostroh Academy

ACQUITTALS IN THE PRACTICE OF UKRAINIAN JUDGES

The article suggests the results of the study on the experience of Ukrainian judges in passing acquittals. In Ukraine, approximately 0.37 percent of the accused are acquitted. If the general local court passes an acquittal, the chances of such a decision gaining legal force are few, because on average three out of four acquittals are overturned by the appeals court. There is an opinion in the scientific community that judges who previously worked in law enforcement and prosecutors’ offices have an accusatory bias, which is the reason for the small number of acquittals. During the next stage of judicial reform in Ukraine, the legislative body even blocked the access of professionals with work experience in the above-mentioned bodies in order to prevent them from entering the newly created judicial institution – the High Anti-Corruption Court. However, the Ukrainian scientific community has not investigated yet whether such judges really acquit fewer people than their colleagues with other legal experience. Therefore, the work of the Higher Anti-Corruption Court was analyzed, and 262 Ukrainian judges reviewing criminal proceedings were interviewed on the condition of anonymity. The results of the research show that 82 % of judges have no previous experience working on the side of the prosecution. It was also found that most judges, on average, pass 1–5 acquittals during their careers.

But a significant group of judges did not acquit people at all. At the same time, most of them are among those who have previous experience working in the bar: as many as 25 percent. However, judges who have previous experience working as investigators – all passed acquittals already during their judicial career. Judges who previously performed the function of criminal prosecution, after changing the type of activity, do not pass a lower number of acquittals than judges who previously performed the function of defense. In addition, there are not many such judges, and therefore, even hypothetically, it is impossible to explain the small number of acquitted persons in the country by their activity. Therefore, the impact of previous experience on the prosecution side is greatly exaggerated.

Key words: acquittal, work experience, judge, lawyer, prosecutor, investigator, poll

References

Zhukovska, Oleksandra (2021). Analysis of statistical data on the number of acquitted persons in Ukraine during 2014–2020, in Relevant problems of law-making in modern Ukraine. Lviv: Halych-pres.

Dikhtiievskyi, P., and O. Lahniuk (2015). Staffing of courts of general jurisdiction: administrative and legal aspect. Kherson: Publishing house «Helvetika».

Voitiuk, I. (2008). Problems of training professional judges. 3 Bulletin of the Supreme Administrative Court of Ukraine 108–113.

Proceedings of the extended meeting of the Presidium of the Supreme Court of Ukraine and the Council of Judges of Ukraine on 20 January 1999. (1999). 1 Bulletin of the Supreme Court of Ukraine 10–12.

Diakov, V. 2016. On the issue of the formation and existence of an «accusatory bias» in the field of criminal proceedings. Legea si vita 38–40.

Law of Ukraine «On the Supreme Anti-Corruption Court» № 2447-VIII dated June 7, 2018. Database «Legislation of Ukraine» / Verkhovna Rada of Ukraine. URL: https:// zakon.rada.gov.ua/laws/show/2447-19#n32

Constitution of Ukraine dated June 28, 1996. Database «Legislation of Ukraine» / Verkhovna Rada of Ukraine. URL: https://zakon.rada.gov.ua/laws/show/254%D0%BA/96- %D0%B2%D1%80#Text

Statistical reports of the Supreme Anti-Corruption Court of Ukraine on consideration of materials of criminal proceedings. URL: https://hcac.court.gov.ua/hcac/gromadyanam/ reports/

Speech by the Chairman of the Supreme Anti-Corruption Court O. Tanasevych at the Third Session of the Ninth International Judicial and Legal Forum. News on the website of the newspaper «Legal Practice»: «Consideration of criminal cases can be made faster and better, according to the experts of the International Judicial Forum». URL: https://pravo. ua/rozhliad-kryminalnykh-sprav-mozhna-zrobyty-shvydshym-i-iakisnishym-vvazhaiuteksperty-ix-mizhnarodnoho-sudovo-pravovoho-forumu/

The research of the Open Dialogue Foundation conducted under the auspices of the Ukrainian Association of Lawyers. Years behind bars without a sentence: prolonged detention in Ukraine due to the violation of reasonable time limits in criminal proceedings. URL: https://uba.ua/documents/ODF_UBA_Report_years_in_SIZO_UA.pdf