What legislative acts are governed by the conditions of the accident review in court (in particular, the timing).


In the case of a criminal case related to the accident, the order of consideration defined by the Criminal (CC) and the Criminal Procedure (CCP) codes. According to Art. 120 Code of Criminal Procedure pre-trial investigation in criminal cases should be completed within two months. However, this period may be extended. In practice, this category is often the case under investigation for years. Most often it is the objective reasons, such as difficulties in organizing and conducting various types of examinations. For example, the accident occurred in the winter during a snowfall, and even when off road lighting, and expertise required to play just such weather and road conditions. If at the time the investigation was spring, will have to wait for the next winter. However, this is often the reason that the pre-trial procedure is delayed, a large workload of investigators, or even reluctance to investigate. For example, in order not to violate the terms of pre-trial investigation, they put him in accordance with Art. 206 Code of Criminal Procedure. Sometimes that there are reasonable grounds (the defendant was ill or has disappeared), sometimes - not. In this case, the investigator shall suspend the investigation on the basis of para. 3 of Art. 206 Code of Criminal Procedure (when the offender has not been established), even if there is a clear fault of one of the participants of the accident.

When it comes to damages under the civil liability (there are no victims or suffered minor injuries), there is installed other time. According to Art. 157 of the Civil Procedure Code of Ukraine, after the commencement 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, this period may be extended at the request of the parties. Unfortunately, in civil litigation process cases of this type can last for years. Most often the delay is also due to the difficulties in carrying out various examinations disagreement one of the parties of its findings, and so on. N.

If you are the defendant, being duly notified of the time of the hearing (ie signed the receipt of the letter), do not appear in court, the court, in turn, according to Art. 224 Code of Civil Procedure is entitled to render a default judgment on the basis of the evidence collected.

In the case of an administrative offense under Art. 124 of the Code of Administrative Offences (violation of traffic rules by drivers) in accordance with Art. 277 ALCO term is defined in consideration of the case 15 days. However, at such a time the courts often do not fit and consideration of the case is delayed for more than two months. In such cases, according to Art. 38 ALCO general administrative penalty may not be imposed on the offender. The court shall issue an order to close the administrative proceedings, but the narrative must indicate the guilt of one of the participants in an accident, which could be evidence in court in civil proceedings.