Section III
PROCEEDINGS IN TRIAL COURT
Chapter 24
TRIAL GENERAL PROVISIONS
Article 271. Court session’s routine
Presiding judge maintains order during court session.
All participants to trial, as well as those present in court room are required to follow presiding judge’s instructions indisputably, to keep the established order of court session and refrain from any actions that testify obvious contempt of court or the rules established by the court. For the contempt of court guilty persons are brought to responsibility prescribed by law. The question about the brining the person to responsibility for contempt of court is considered by the court immediately after commitment of the violation, and therefore a recess is announced in court session of the criminal trial.
All participants to trial address the court, give their testimonies, and make their statements upright.
Derogation from this rule is allowed only upon permission of the presiding judge. Persons, who have not attained the age of 16, unless they are defendants, victims, or witnesses in the case, are not allowed in the court room.
Section III
PROCEEDINGS IN TRIAL COURT
Chapter 24
TRIAL GENERAL PROVISIONS
Article 272. Measures to be taken against violators of the routine of court session
If the defendant breaks order in court session or disobeys requests of the presiding judge, the latter warns the defendant that, if he/she continues in the same way, he/she will be removed from the courtroom. If the defendant repeats his/her undue behavior in court session, he/she can be removed from the courtroom temporarily or for the whole trial upon court’s decision. In such a case, the judgment pronounced is immediately read out to the defendant.
If public prosecutor, community accuser, defense counsel or community defense counsel disregards requests of the presiding judge, the latter warns them. If they repeat such behavior, the trial, upon presiding judge’s order and court’s decision, may be adjourned whenever such violator cannot be replaced with another person without compromising the case. At the same time, the court informs thereon the higher prosecutor, Ministry of Justice of Ukraine, qualification-disciplinary commission of the Bar.
For disobedience to presiding judge’s requests or breach of order in court session, the witness, victim, civil plaintiff, civil defendant, and other citizens are liable under Article 185-3, first paragraph, of the Code of Administrative Offenses of Ukraine.
Title VIII
JUSTICE
Article 126.
Any influence on judges shall be prohibited.
GENERAL PART
Chapter XVIII. CRIMINAL OFFENSES AGAINST JUSTICE
Article 373. Compelling to testify
1. Compelling to testify during an interview by means of unlawful actions of a person who conducts the interview or pretrial investigation, -
shall be punishable by restraint of liberty for a term up to three years, or imprisonment for the same term.
2. The same actions accompanied with violence or insult in regard to a person without any elements of torture, -
shall be punishable by imprisonment for a term of three to eight years. (Article 373 as amended by Law No 270-VI (270-17) of 15.04.2008)
GENERAL PART
Chapter XVIII. CRIMINAL OFFENSES AGAINST JUSTICE
Article 377. Threats or violence against a judge, assessor or juror
1. Threats of murder, violence, destruction or impairment of property made in respect of a judge, assessor or juror, and also their close relatives, in connection with their activity related to the administration of justice, -
shall be punishable by correctional labor for a term up to two years, or arrest for a term up to six months, or restraint of liberty for a term up to three years, or imprisonment for the same term.
2. Willful battery of, or infliction of minor or medium grave bodily injury on a judge, assessor, juror or heir close relatives, in connection with their activity related to the administration of justice, -
shall be punishable by restraint of liberty for a term up to five years, or imprisonment for a term up to six years.
3. Willful infliction of grave bodily injury on a judge, assessor, juror or their close relatives, in connection with their activity related to the administration of justice, -
shall be punishable by imprisonment for a term of five to twelve years.
GENERAL PART
Chapter XVIII. CRIMINAL OFFENSES AGAINST JUSTICE
Article 379. Trespass against life of a judge, assessor or juror in connection with their activity related to the administration of justice
Murder or attempted murder of a judge, assessor, juror or their close relatives, in connection with their activity related to the administration of justice, -
shall be punishable by imprisonment for a term of eight to fifteen years, or life imprisonment.
GENERAL PART
Chapter XVIII. CRIMINAL OFFENSES AGAINST JUSTICE
Article 384. Knowingly false testimony
2. The same actions accompanied with accusations in a grave or special grave offense, or with the fabrication of prosecution or defense evidence, and also committed for mercenary motives, -
shall be punishable by correctional labor for a term up to two years, or restraint of liberty for a term up to five years, or imprisonment for a term of two to five years.
(Article 384 as amended by Laws No 2456-IV (2456-15) of 03.03.2005, No 890-VI (890-17) of 15.01.2009 – the Law has been acknowledged to be unconstitutional by the Decision of the Constitutional Court No 20-рп/2009 ( v020p710-09 ) of 10.09.2009)
GENERAL PART
Chapter XVIII. CRIMINAL OFFENSES AGAINST JUSTICE
Article 386. Preclusion of appearance of a witness, victim or expert, or compulsion to testify or give an opinion
Preclusion of appearance of a witness, victim or expert before a court, pretrial investigation authorities, ad-hoc investigation commissions and ad-hoc special commissions of the Verkhovna Rada of Ukraine, or inquiry authorities, or compulsion of the above persons to testify or give an opinion, and also give any knowingly false testimony or opinion, by threats of murder, violence, destruction of property of these persons or their close relatives, or disclosure of defamatory information about them, or tampering with a witness, victim or expert for the same purposes, and also any threats to commit any such actions as a revenge for any previously presented testimony or opinion, -
shall be punishable by a fine of 50 to 300 tax-free minimum incomes, or correctional labor for a term up to two years, or to arrest for a term up to six months.
(Article 386 as amended by Laws No 890-VI (890-17) of 15.01.2009 – the Law has been acknowledged to be unconstitutional by the Decision of the Constitutional Court No 20-рп/ 2009 ( v020p710-09 ) of 10.09.2009
1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:
(a) Giving false testimony when under an obligation pursuant to article 69, paragraph 1, to tell the truth;
(b) Presenting evidence that the party knows is false or forged;
(c) Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence;
(d) Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;
(e) Retaliating against an official of the Court on account of duties performed by that or another official;
(f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.
2. The principles and procedures governing the Court's exercise of jurisdiction over offences under this article shall be those provided for in the Rules of Procedure and Evidence. The conditions for providing international cooperation to the Court with respect to its proceedings under this article shall be governed by the domestic laws of the requested State.
3. In the event of conviction, the Court may impose a term of imprisonment not exceeding five years, or a fine in accordance with the Rules of Procedure and Evidence, or both.
4.
(a) Each State Party shall extend its criminal laws penalizing offences against the integrity of its own investigative or judicial process to offences against the administration of justice referred to in this article, committed on its territory, or by one of its nationals;
(b) Upon request by the Court, whenever it deems it proper, the State Party shall submit the case to its competent authorities for the purpose of prosecution. Those authorities shall treat such cases with diligence and devote sufficient resources to enable them to be conducted effectively.