“From what I saw, and having analyzed what is going on, I think that rule of law in Ukraine is in great danger. Court must be adversarial and that’s not the case here,” Bohdan Futey told journalists outside the Pechersk District Court in Kyiv.
Judge Futey said that a similar trial would be impossible in the US and in most European countries where he has participated in trials. He noted that in the US court rules are mandatory for all, but “unfortunately, in the Ukrainian judicial system, particularly in the Pechersk Court, these rules are absent.”
In his opinion, the main problem is the failure to implement the Constitution. For example, he pointed to the fact that while the Constitution of Ukraine guarantees trial by jury and relevant laws have been adopted, there is no trial by jury.
He also noted that the Constitution of Ukraine guarantees every citizen the right to health, but the judge is ignoring this right.
In his opinion, the trial of Tymoshenko may undermine public trust in the courts and judicial independence, without which rule of law is impossible. “Rule of law is the cornerstone of democracy, and one of its elements is an independent court,” he said.
Спасибо за Вашу активность, Ваш вопрос будет рассмотрен модераторами в ближайшее время