Ukraine

Code of Criminal Procedure of Ukraine

Section I

GENERAL PROVISIONS

Chapter 1

BASIC PROVISIONS

Article 16-1. Adversariality and optionality of proceedings

Courts try cases on the basis of adversariality of proceedings.

While conducting a case trial, the functions of prosecution, defense and ruling the case may not be imposed on the same body or person.

The government in court is represented by a prosecutor. In cases specified in the present Code, the
victim or his/her representative conducts prosecution.

The defense of a defendant is maintained by the defendant himself/herself, by the defense counsel or legal representative of the latter.

Procurator, defendant, his/her defense counsel or legal representative, victim, civil plaintiff, civil defendant and their representatives participate in court session as parties and enjoy equal rights and freedom in producing evidence, examining it and proving its validity before court.

The court, while keeping objectivity and impartiality, creates necessary conditions for the parties to fulfill their procedural obligations and enjoy the rights granted thereto.

The function of trying a case is imposed on court.

Keywords

Fair trial standards
Equality of arms



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