Setting time terms for defendant and his lawyers to study case materials does not contradict the Constitution of Ukraine. Such decision of the Constitutional Court of Ukraine was made January 18 and has been announced today.
According to the CC, the order of studying case materials is determined by laws. "Hence, the right for studying is not absolute," the CC decision says.
"The Constitutional Court judges that time terms must be determined for every case individually, depending on volume and complexity of the case, on the number of defendants, their actions and inactions, including behaviour of defendants and lawyers, as well as on external factors, like a disease," the CC reports.
The Constitutional Court also refers to a number of examples from the practice of the European court on human rights.
The initiative to determine legality of time limitation for studying case materials was submitted by two groups of MPs, consisting of 47 MPs and 50MPs.
According to the CC, the order of studying case materials is determined by laws. "Hence, the right for studying is not absolute," the CC decision says.
"The Constitutional Court judges that time terms must be determined for every case individually, depending on volume and complexity of the case, on the number of defendants, their actions and inactions, including behaviour of defendants and lawyers, as well as on external factors, like a disease," the CC reports.
The Constitutional Court also refers to a number of examples from the practice of the European court on human rights.
The initiative to determine legality of time limitation for studying case materials was submitted by two groups of MPs, consisting of 47 MPs and 50MPs.
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