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.

Article 70
Offences against the administration of justice
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.