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24.05.2010

Kharkiv Court of Appeal against the principle of open court proceedings

   

The Head of the Kharkiv Regional Court of Appeal, M. Borodin has issued an Order [No. 52-OC] revoking the vital principle of access to court hearings. The Order “On additional measures for ensuring the safety of court employees” reads:

“Pursuant to Article 28 Item 1 of the Law on the Judicial System, as well as the Order of the State Judicial Administration [SJA] from 2.06.2003 No. 217, with amendments as per SJA Order from 3.12.2008 No. 123 “On measures on ensuring the work of general jurisdiction courts and territorial divisions of the SJA”, in order to increase security for staff of the Kharkiv Regional Court of Appeal and to prevent the uncontrolled entry into court premises of outsiders,

I order that:

1. From 15 March 2010 entry be prohibited to the court of persons who are not parties to the proceedings;

2. Parties to the court proceedings be allowed entry on presentation of:

- a document confirming the person’s right to take part in the hearings;

- identification

3. Officers of the SBCP [Court Police] Grifon of the Kharkiv Regional MIA should ensure entry by pass to court premises in accordance with this Order.

4. Control over enforcement of this order

[No. 4 names three individuals responsible for the enforcement of the Order]

Head of the Kharkiv Regional Court of Appeal, M. Borodin

The Centre for Legal Aid (http://hr-lawyers.org/index.php?id=1274607493 ) notes that they have not uncovered the Orders of the State Judicial Administration cited wither on the Verkhovna Rada official website nor on the equally official website of the SJA itself

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