Ukraine in the top five in the number of applications to the ECHR and the trend is worsening — lawyer Pushina
ECTH
Lawyer Natalia Pushina commented on the high activity of Ukrainians who turn to European institutions in search of protection of their rights
About that writes espreso.tv
"In terms of the number of cases considered and decided by the European Court of Human Rights on complaints against Ukraine, we have never been last. Today Ukraine is in the top five in the number of applications to the ECtHR, 8 thousand complaints have been recorded. The trend, unfortunately, is only getting worse, not better", the lawyer said.
The desire of our state to reform the judicial system in order to improve it, to ensure the independence of judges, has led to the opposite consequences, Pushina said.
"Individual court decisions, the inaction of institutions of control over the implementation of judicial proceedings, the management of these processes by persons who have little knowledge of it and have no desire to do so, leads to crisis phenomena in the judicial system and undermines confidence in state bodies, the judicial branch of government. Recently, we have noticed dissatisfaction with this crisis even in part of the Ukrainian society, which supported the social demand for retribution", she added.
As for a separate section of Ukrainian court proceedings, in particular the consideration and resolution of petitions of pre-trial investigation bodies, a total violation of the CCP norms is rising to the surface, Pushina said.
"This is noted by almost all lawyers. Petitions of investigative prosecutors to elect a preventive measure are not properly motivated, are not supported by any relevant evidence. Investigating judges in the majority do not fulfill the function assigned to them in accordance with the CCP, they do not even familiarize themselves with the documents. It is necessary to pay attention to the fact that the legislator should include in the law norms that are aimed at establishing by the court the objective truth of this or that subject of consideration. Total disregard by investigating judges of only two articles of the CCP, becomes the result of poor-quality court decisions, which leads to a critical decline in both the quality of the preparation of procedural documents by pre-trial investigation bodies, and the consequence of the court decisions themselves, which is extremely negatively assessed by the ECHR", — summarized the lawyer.
It should be noted that there are 8,000 applications against Ukraine pending before the European Court of Justice of Human Rights.