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What legislative acts govern the conditions for the consideration of an accident in court (in particular, the timing).


In the case of the initiation of a criminal case related to the accident, the procedure for its consideration is determined by the Criminal Code (Criminal Code) and the Criminal Procedure Code (CCP). According to Art. 120 of the CCP pre-trial investigation of criminal cases must be completed within two months. However, this period may be extended. In practice, cases of this category are often investigated for years. Most often there are objective reasons for this, for example, difficulties in organizing and conducting various types of examinations. For example, an accident occurred in the winter, during a snowfall, and even when the road lighting was off, and for the examination it is necessary to reproduce just such weather and road conditions. If spring came at the time of the investigation, you will have to wait for the next winter. However, often the real reason that the pre-trial procedure is delayed is the heavy workload of investigators or even the unwillingness to conduct an investigation. For example, in order not to violate the terms of the pre-trial investigation, they suspend him according to Art. 206 Code of Criminal Procedure. Sometimes there are good reasons for this (the defendant falls ill or disappears), sometimes not. In this case, the investigator suspends the investigation on the basis of paragraph 3 of Art. 206 of the Code of Criminal Procedure (when the person who committed the crime is not established), even if there is a clear fault of one of the participants in the accident.

If we are talking about compensation for damage under civil law liability (no injuries or slight bodily injuries), then there are other terms. According to Art. 157 of the Civil Procedure Code of Ukraine, after the opening of the proceedings, the court is obliged to conduct a judicial review of the case within a reasonable time, but not more than two months. In exceptional cases, at the request of the parties, this period may be extended. Unfortunately, even within the framework of a civil procedure, litigation in cases of this category may last for years. Most often, the inhibition is also associated with difficulties in carrying out various examinations, disagreement of one of the parties with its results, etc.

If you, as a defendant, being properly notified about the time of the court hearing (that is, have signed up to receive the letter), do not appear in court, then the court, in turn, according to Art. 224 GIC has the right to make a decision in absentia on the basis of the evidence collected.

In the case of an administrative offense under Art. 124 of the Code of Ukraine on Administrative Offenses (violation of traffic rules by drivers) according to Art. 277 ALCO the term of consideration of the case is determined in 15 days. However, at this time, the courts often do not fit and the consideration of the case is delayed for more than two months. In such cases, according to Art. 38 ALCO administrative penalty generally can not be imposed on the offender. The court decides on the closure of the administrative proceedings, but the narrative necessarily indicates the guilt of one of the participants in the accident, which can be evidence in court in civil proceedings.