The task of judicial monitoring is to identify the problem and find a solution – SC CrimCC Judge

Judge of the Criminal Cassation Court of the Supreme Court Serhii Fomin took part in a working meeting where participants discussed approaches to judicial monitoring in Ukraine and developed proposals for a methodology for monitoring compliance with the right to a fair trial.

The methodology is being developed based on the OSCE handbook and will subsequently be used in the relevant project, as well as in the training of law students and professional development programmes.

During his speech, the judge emphasized that the main goal of judicial monitoring is not only to record problems, but also to develop practical solutions for overcoming them at the national level.

“I believe that the main task of monitoring is not only to see the problem, but also to find ways to solve it at the national level,” said Serhii Fomin.  

He also noted the value of monitoring reports and added that it would be useful for Ukrainian justice to know how problematic issues are resolved in EU countries.

As an example of a problem, Serhii Fomin cited the situation regarding the placement of accused persons in the courtroom — in a specially designated box or next to their defence lawyers. According to him, in a specific case, the defence insisted that the client should sit next to the lawyers. At the same time, there were third parties and a convoy present in the courtroom, which raised questions of responsibility for security.

The judge noted that such situations require clear normative regulation.

“If there is a genuine intention to solve this problem, it is necessary to bring together representatives of law enforcement agencies, the court administration and other institutions to develop a by-law normative legal act that will determine the procedure for making such decisions. The court must have a clear algorithm of actions and an understanding of responsibility for the safety of the participants in the proceedings,” he explained.

In the judge’s opinion, it is the development of specific recommendations and normative mechanisms that can make judicial monitoring an effective tool for improving justice.

According to Serhii Fomin, the monitoring methodology currently being developed by experts will help raise the standards of compliance with the right to a fair trial in Ukraine and will become a practical tool for researchers, legal practitioners, and future lawyers.

Photo courtesy of the organisers.