The analysis of data of judicial statistics was carried out in order to determine the status of work of courts general jurisdiction of Ukraine in administering justice. Its compilation involved the use of statistical indices provided by the Ministry of Justice of Ukraine (hereinafter – MJ) and the Ministry of Internal Affairs of Ukraine (hereinafter – MIA.)

1. Volume of Work of Courts and Workload of Judges

The volume of work of Ukrainian courts increased during 1997: 1,532,385 cases were considered – 120,668 cases, or 8.6% more than in 1996². Statistical data concerning the number of case proceedings completed by trial courts are given in Table 1.

Table 1

The fact that the number of resolved cases increased, while the number of rayon (city) courts (742) and judges (3,558) remained the same, resulted in an increased caseload for the latter. In these courts, the average monthly number of cases received per judge grew from 35.1 to 39.5. The number of oblast court judges increased by one judge. The average monthly caseload for each judge grew from 8.0 to 8.9 cases.

2. The Level of Crime

According to the MIA, 589,208 crimes were reported, or 4.5% less, 79.7% of which pertained to the province of criminal investigations. The number of serious crimes³ was 223,129 (or 8.5% less). The proportion of serious crimes within the total number of the offenses committed was 37.9%. There were 337,908 persons who committed crimes.

Among the various types of crime, financial and violent crimes prevailed. Thefts of private property amounted to 29.7% while thefts of state property amounted to 15.4%. There was a considerable increase in cases of fraud (60.6%). There were 4,529 premeditated murders recorded (367, or 7.5% less). The reported number of assaults causing grievous bodily harm was 7,602, a decrease of 9.8%, while the number of rapes was 1,510, a decrease of 13.8%.

There was a reduction of 3.7% in the number of crimes committed by groups of persons – 74,848 were reported. The proportion of crimes committed by groups constituted 12.7% of reported crimes. A total of 1,079 organized criminal groups (vs. 953 in 1996) were uncovered which perpetrated 7,434 crimes. The solution of crimes improved (62.8% vs. 68.3% in 1996). 190,482 crimes remained unsolved, while the proportion of unsolved grave offenses constituted 43.5%.

3. Consideration of Criminal Cases

Trial courts received 236,445 criminal cases for consideration. Proceedings for 232,167 criminal cases were resolved, or 1,465 cases (0.6%) more. 191,594 cases, or 82.5% of those resolved, were followed by sentencing.

Proceedings for 10,477 cases were suspended, i.e., 27.8% of the remainder of cases at the end of the reporting period. Among proceedings completed by rayon (city) and district courts where a preliminary investigation was conducted, there are 223,388 cases, by oblast courts – 2,371 cases which made in total 225,759 cases. In 1996, 222,482 such cases were completed by rayon (city) courts and 2,722 by oblast courts which made for a total of 225,482 cases. The results of consideration of those cases (by number of persons) are presented in Table 2.

Table 2

The number of crime victims increased by 5.9% and constituted 126,909, 5,820 of whom were minors. Harm was inflicted upon the life of 6,765 persons and the health of 26,443 persons.

Material and moral damages sustained by physical and legal persons amounted to 297 million UAH⁴ ; civil claims were satisfied for the amount of 73.6 million UAH, which is four times less than the sum of damages inflicted. It should be noted that the proportion of satisfied claims decreased: in 1996, civil claims were satisfied for the amount of 59.1 mln. UAH (half of the sum of damages inflicted).

The proportion of cases returned for additional investigation amounted to 9.5% (as opposed to 9.0% in 1996).

The courts considered 3,871 complaints about actions of investigating authorities, 1,976 of which (51.0%) were satisfied. Of 2,516 complaints about rulings requiring application of a preventive measure, 897 (35.7%) were satisfied.

The decrease in crime resulted in a reduction of the number of persons convicted. For all types of crime under sentences that had come into legal force, 237,790 persons were convicted (4,334, or 1.8% less) and 950 persons were acquitted (as opposed to 797 persons in 1996).

Statistical data characterizing the structure of convictions are presented in Table 3.

On average, 471 persons per 100,000 inhabitants were convicted in Ukraine (472 persons in 1996). The structure of types of punishment is reflected in Table 4.

For committed crimes that were categorized as serious, 91,008 persons (4,251 less), or 38.3% of the total number of convicted persons, were sentenced. 47,639 persons, or 52.3% of those convicted for such crimes, were sentenced to incarceration.

A delay in the enforcement of a judgment was granted to 24.5% of those convicted; 17.7% were sentenced to probation.

86,226 persons were convicted for crimes committed by groups (36.3% of the total number of those convicted), and 639 persons were sentenced for crimes perpetrated by organized groups.

In 1997, 18,363 minors were convicted. Their share in the total number of those convicted amounted to 7.7%. 6,602 minors were subject to compulsory educative measures, 529 teenagers were sent to correctional schools and 147 to juvenile training schools.

Table 3

Table 4

74,229 persons committed crimes in a state of alcoholic or drug intoxication (31.2% of the total number of those convicted). 13,763 persons were directed to undergo compulsory treatment for alcoholism and drug addiction; 75.2% of them were able-bodied, but neither employed nor in school.

Lawfulness and validity of sentences are verified under the cassation and supervisory procedure in every sixth criminal case.

Specific statistical data (by number of persons) as to the quality of consideration of criminal cases by rayon (city), district and oblast courts are given in Table 5.

Table 5

Because of incomplete study of the facts of the case or procedural violations, sentences pronounced by trial courts with respect to 2,419 persons were vacated, i.e., 41.6% of the total number of vacated sentences (in 1996, this share was 42.0%). As a result of violations of the requirements of Article 22 of the Code of Criminal Procedure at the stage of preliminary investigation, violations of the accused’s right to defense and other procedural violations, sentences with respect to 1,627 persons were annulled and remanded for additional investigation. This constituted 28.0% of annulled sentences (in 1996 – 25.3%). According to the cassation procedure, court rulings regarding return of cases for additional investigation with respect to 1,992 persons (7.5% of their total number) were annulled.
Cases with respect to 87 persons (in 1996 – 74) were closed in accordance with cassation or supervisory procedure due to the absence of an event or corpus delicti, or failure to prove a charge. Cases regarding 191 persons were remanded for new judicial consideration in connection with unfounded acquittal (in 1996 – 179 persons). The number of groundlessly acquitted included 44 persons with respect to whom court rulings on closing the case were also rescinded as groundless.

During the reporting period, due to the imposition of improperly lenient punitive sanctions, sentences of rayon (city) and district courts related to 1,305 persons and sentences of oblast courts pertaining to 27 persons were repealed, i.e., with respect to 1,332 convicted persons, or 22.4% of sentences of those repealed (in 1996 – 1,324 persons).

Sentences relating to 1,665 persons were modified with recategorization of the convicted persons’ actions.

Cassation rulings by boards of justices in oblast courts concerning 1,364 persons (3.7% of those made) were rescinded and modified. With respect to 1,154 persons, this occurred in connection with cases where the law was improperly applied by rayon (city) and district courts. With respect to 210 persons, cases were returned for new cassation consideration in view of improper application of the law by judicial boards during examination of cases (errors were rectified by courts of supervisory instances with respect to 78 persons upon submission of judicial boards). In 1996, the share of repealed and modified cassation rulings was smaller – 3.1% of those made.

4. Consideration of Civil Cases

The caseload for courts considering civil matters increased by 9.3% (in 1996, as compared with 1995 - by 18.8%).

Trial courts completed proceedings for 705,145 cases (as opposed to 644,904 cases in 1996), and the bulk of them - 703,965 (99.7%) - were completed by rayon (city) and district courts.

The number of cases resolved by oblast courts grew significantly - from 598 to 2,180. This was due mainly to cases relating to payment of salaries. In 1997, 1,124 such cases were heard as compared to four in 1996.

Divorce suits were predominant: 188,215 such cases were resolved, which represented 26.7% of the total number of completed cases (10,611 or 5.3% less), while four-fifths of them constituted divorces suits involving couples having under-age children.

The quantity of resolved cases regarding payment of salaries increased by almost twenty times: from 7,243 to 123,654.

The number of resolved cases involving disputes connected to administrative law doubled to 26,213. Those concerning reinstatement in employment and indemnity for losses caused by injuries to health or death of individuals increased by one-third and accounted for 7,936 and 5,782 cases respectively. The number of cases involving property right disputes was 11,651, an increase of 5.0%.

8,666 cases were resolved and rulings were handed down as a result of complaints about illegal actions of public administrative bodies and officials. Of this number, 7,000 complaints were satisfied, which constitutes 80.8% of the total number of terminated cases.

4,535 cases were resolved with respect to litigation involving indemnity for losses resulting from violations of environmental legislation (in 1966 - 2,851); 105 resolved cases concerned indemnity for losses caused by production of goods of inferior quality and by provision of unsatisfactory services (in 1996 - 232); 53 completed cases pertained to litigation regarding rental agreements in the production sphere (in 1996 - 61); 52 resolved cases concerned copyright litigation (in 1996 - 62); 39 resolved cases dealt with litigation arising from violations of legislation on citizens' associations (in 1996 - 80).

There is a growing number of cases being heard on collection of tax arrears, e.g., over the last three years this number has nearly doubled annually (in 1995 - 2,545, in 1996 - 6,535, in 1997 - 10,257 cases).

599,758 cases, or 85.1% of all resolved proceedings, included a ruling made by courts at all levels (in 1996 - 85.3%). Actions (applications, complaints) were satisfied in 572,597 cases, i.e., in 95.5% of cases considered on their merits (this share is equal to that of 1996) which testifies to the effective defense of citizens' and legal entities' constitutional rights.

In 5,537 cases concerning reinstatement in employment where a ruling was made, claims were satisfied in 3,149 cases (56.9% as opposed to 55.0% in 1996). Those reinstated in employment were awarded as an indemnity for lost wages and salaries 1,989,000,000 UAH (almost twice as much as in 1996), i.e., 69.1% of the amount demanded. 180,000,000 UAH were awarded to be recovered from officials guilty of illegal dismissal, which made up 9.1% of the total sum awarded in favor of plaintiffs (in 1996 - 12.6%, in 1995 - 20.5%). The quality of consideration of civil cases in 1997 in comparison with 1996 is characterized by the data shown in Table 6.

Table 6

Of 597,891 cases considered and followed by appropriate rulings of rayon (city) and district courts, 9,620 court judgments were vacated (1.6% of those decided on their merits) and 658 court decisions (0.11%) were modified under the cassation procedure; 4,411 court decisions were vacated (0.7%) and 142 (0.02%) were modified under the supervisory procedure.

Of 1,867 cases considered by oblast trial courts, the Supreme Court of Ukraine vacated 51 court decisions (2.7%) and modified none of them. In 1996, these trial courts considered 487 cases followed by appropriate rulings; 34 court judgments (7.0%) were vacated, while no court decision was modified.

Cassation practices of oblast courts show that most erroneous decisions in 1997 were made by rayon (city) and district courts in cases regarding disputes that arose due to violations of legislation on citizens' associations (44% judgments were revised).

5. Adherence to Time Periods for Proceedings and Preventive Activities.

There was some deterioration in the amount of time for consideration of criminal and civil cases. During time periods that exceeded one month, rayon (city) and district courts heard 53,522 criminal cases (28.3% of the total number of cases considered and followed by appropriate rulings), oblast courts heard 717 cases, or 42.6% (in 1996, their shares constituted 28.2 and 45.3% respectively).

Within terms exceeding those established by the Code of Civil Procedure rayon (city) and district courts considered 103,663 civil cases (14.7% of those terminated), and oblast courts - 197, or 9.0% (in 1996, these were 13.1 and 10.4% respectively).

Consideration of cases is most frequently delayed by the failure of defendants, victims, civil plaintiffs and respondents, witnesses and lawyers to appear for court sessions. However, the number of persons fined for non-appearance decreased from 6,447 to 5,432.

One of the reasons for protracted delays in considering criminal cases is searching for defendants. In 1997, cases involving 8,143 persons were suspended due to this reason (as opposed to 7,249 in 1996). Thus, the number of defendants wanted increased by 894, or 12.3%. In the courtroom, courts took into custody 12,593 persons (1.5% less).

9,054 separate judgments were rendered (in 4.7% of criminal cases decided with sentencing), including 3,156 judgments on violations of lawfulness when conducting an inquiry or preliminary investigation. In 1996, there were 10,880 separate judgments pronounced (in 5.6% of decided cases).

The indices of adherence by courts during consideration of civil cases to the requirements of Article 235 of the Code of Civil Procedure as regards their response to uncovered facts of violations of law by particular officials or citizens did not significantly change: in 1997, separate judgments were made in 2,955 cases, in 1996 - in 3,354 cases, which constitutes respectively 0.6 and 0.6% of cases considered and followed by judgments.

6. Consideration of Cases Involving Administrative Offenses

Rayon (city) and district courts received 427,690 cases involving administrative offenses (3,871, or 0.9% less). In the cases considered, 381,847 persons were found guilty, which is 88.9% of the total number of persons who were subject to judgments or decisions (in 1996 - 89.7%). The number of persons per 100,000 inhabitants who incurred administrative penalties imposed by courts somewhat decreased - 757 as opposed to 780 in 1996.

Among administrative offenses considered by courts, the following types prevailed: petty hooliganism - 37.5%; petty theft of State or collective property - 10.9%; malicious disobedience to a lawful order or demand of a militiaman⁹ or insulting the latter - 14.0%; operating vehicles by persons in a state of intoxication - 7.7%; consuming alcoholic beverages in public places - 7.5%; conducting street trade in unauthorized places - 5.1%. Other types of administrative offenses in their general structure constitute an insignificant percentage. It is characteristic that in 1996 there were analogous ratios as well.

There was an increase in the number of cases considered by courts regarding administrative offenses related to application of labor laws, in particular those regarding infringements of requirements of legislation on labor and labor protection (Article 41 of the Code of Administrative Offenses [CoAO]) - from 13 to 202; non-compliance with an order of a State or other agency concerning employment (Article 188[1] of the CoAO) - from 1 to 19; failure to fulfill lawful requirements of officials of the State Labor Inspectorate of the Ministry of Labor of Ukraine (Article 188[6] of the CoAO) - from 3 to 79.

There was more than a two-fold increase in the number of persons found guilty of having committed offenses specified in Article 44 of the CoAO (illicit manufacturing, acquisition, storage, transportation, sending of narcotics or psychotropic substances in small quantities without intent to sell) and Article 126 of the CoAO (operating a vehicle by persons who do not have a driver's license).

There also was a one-third increase in the number of persons who incurred administrative penalties for consuming alcoholic beverages in public places (Article 178 of the CoAO), for child neglect (Article 184 of the CoAO) and for violating rules of administrative supervision (Article 187 of the CoAO).

The number of persons found administratively liable for petty theft of State property (Article 51 of the CoAO) and for petty profiteering (Article 157 of the CoAO) decreased by half.

A downward trend persists in the number of those found liable under Article 208(1) of the CoAO for infringements of the established procedure for transporting consumer goods and other material valuables beyond Ukrainian borders: 188 persons incurred administrative penalties nearly four times less than in 1996, when they were 728.

The number of those found guilty of corrupt acts and other offenses related to corruption, as well as the unlawful use of State property, continues to increase. Thus, 693 officials (54.7% more) were found liable under Article 184(1) of the CoAO. 1,925 persons (as opposed to 575 in 1996) incurred administrative penalties for having committed offenses specified in Articles 7-11 of the Law "On Corruption." Rulings were passed on closing cases involving 3,050 persons, which constitutes two-thirds of the total number of persons subjected to judgments (decisions). Of these cases, 151 were turned over to a prosecutor or to an agency conducting a preliminary investigation or inquiry. The amount of fines imposed constituted 555,100 UAH, 300,400 of which were exacted. Material damages were awarded in the amount of 79,6000 UAH, 63,700 of which were collected.

The practice of imposing administrative penalties is characterized by the following data: fines were imposed on 199,976 offenders (52.4%); 150,180 culprits were arrested (39.3%); 7,624 persons (2.0%) were sentenced to corrective labor; 7,890 offenders (2.1%) were deprived of the special right.

Among persons guilty of the offense stated in Part 2 of Article 130 of the CoAO, 7,889 (25.6% as opposed to 17.9% in 1996) had their driver's license revoked. Only 20 persons (1.0% as opposed to 1.3% in 1996) were subjected to seizure of their vehicle subject to compensation as provided for in Part 5, Article 121 of the CoAO.

Fines in the amount of 17,694,900 UAH were imposed. 9,230,300 UAH were exacted which constitutes 52.2% (in 1996 - 74.2%). The amount of material damages established was 3,375,200 UAH, 689,900 of which were collected. This represents 20.4% of the amount of damages inflicted (30.3% in 1996.)

Department of Generalization of Judicial Practice and Analysis of Judicial Statistics of the Supreme Court of Ukraine