Human Rights in Ukraine. Website of the Kharkiv Human Rights Protection Group
The right to a fair trial

Criminal liability for non-enforcement of court rulings is nonsense


KHPG legal expert and member of the Coordinating Council attached to the Ministry of Justice on Reforming the System of Legal Aid, Arkady Bushchenko has described the proposal from the Ministry, approved by the Cabinet of Ministers, to impose such liability as idiotic.

“From the point of view of criminal law, even liability for escaping from prison is questionable since prisons are created to hold people who don’t want to be there. I think establishing such liability is a means of transferring the problem from the patient to a person in good health. There is a system for mandatory enforcement of rulings which makes it possible to execute them against the wishes of the person who has received the order. It needs to work well and a lot of work is needed to achieve that, including from the Ministry of Justice”.

On 6 September the Ministry of Justice came out with a proposal to introduce criminal liability for individuals who persistently fail to carry out court rulings. The relevant draft law, drawn up by the Ministry, was approved by a session of the Cabinet of Ministers. According to the Minister of Justice O. Lavrynovych, the legislative initiative is based on the need to fundamentally change the public’s attitude to the problem of non-implementation of court rulings since there are thousands of such cases each year in Ukraine.

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