The accused person's stay on sick leave is not always grounds for postponing a court hearing. Ukrainian legislation allows participation in hearings remotely, even during medical treatment. Under what conditions is this possible, and who makes the relevant decision? Read about it in the UNN report.
As UNN was told by Anastasiia Lytvyn, an attorney with Prykhodko & Partners Law Firm, the Criminal Procedure Code of Ukraine provides for the possibility of the accused participating in a court hearing via videoconference, including due to their health condition.
Being on sick leave does not mean that participation in criminal proceedings is automatically impossible. The court must establish whether the illness actually prevents the person from participating in the hearing, assess the validity of the medical documents, and ensure a balance between the accused's right to a defense and the need to consider the criminal proceedings within a reasonable time
Under Article 336 of the Criminal Procedure Code of Ukraine, court proceedings may be conducted via videoconference, including when a participant cannot appear in person at court due to their health condition or for other valid reasons. At the same time, by court decision, the accused may join the hearing even from home or a medical facility.
However, the key question is whether the person's health condition allows them to participate fully in the proceedings.
It is necessary to distinguish between being unable to physically arrive at the court premises and being unable to participate in the court hearing at all. For example, if a person is receiving outpatient treatment but their condition allows them to communicate, listen to the participants in the proceedings, and provide explanations, the court may consider holding the hearing remotely. If, however, the person's health condition objectively makes even remote participation impossible, in particular due to a severe course of the illness, the court must take these circumstances into account and decide whether to postpone the hearing
Participants in criminal proceedings, including the prosecutor, the accused, or their defense attorney, may initiate the holding of a hearing via videoconference. At the same time, the court has the right to make such a decision on its own initiative.
To recap
The Kyivskyi District Court of Odesa has been unable for almost two weeks to continue hearing the case concerning the medical negligence of doctors at the private Odrex clinic, Vitalii Rusakov and Maryna Bielocerkovska. Of the 12 court hearings scheduled earlier, only two took place. The remaining ten were canceled in advance or the hearing was postponed by the court. The reasons included motions by Bielocerkovska's defense attorney, including a request to participate in other court proceedings, while the hearings from October 14 to 22 were postponed following a motion by the accused, Rusakov, due to his being on sick leave.
Vitalii Rusakov and Maryna Bielocerkovska are charged under Part 1 of Article 140 of the Criminal Code of Ukraine — improper performance of professional duties by a medical worker, which caused grave consequences for a patient. The case concerns the death of Odesa businessman Adnan Kivan, who died on October 27, 2024, while receiving treatment at the Odrex clinic. According to the investigation, the accused doctors may have failed to provide proper treatment for postoperative complications, which may have contributed to the development of sepsis and the patient's death. The accused do not admit guilt. The court must provide the final assessment of their actions.