Very often in Ukraine say that the judicial system doesn't work for us, but there are very indicative examples when the judicial system works as it is necessary, and the judgment simply couldn't be carried out. And this most awful, after all without sentence execution the judgment becomes senseless. The violator of the legislation isn't punished, so hardly will draw any conclusions.
We will give one striking example which visually it will show, and conclusions draw.
On June 30, 2007, about 15.00 citizen Sergey Aryutkin, operating the Skoda car I brought down the pedestrian and I disappeared from a road accident place. It everything occurred on Lenin Avenue around 4-й Slobodskoy.
The pedestrian passed unregulated transition and as a result of road accident got injuries of average weight (a fracture of a hand).
We won't stop on how the driver of a car Aryutkin got the driver's license, having the reference that it consists on the account in psychiatric hospital, and we will simply give the fact of how the judgment which has entered validity "is executed".
This incident was long investigated by employees of militia, as a result materials everything is got to the Central district court of Nikolaev. On January 29, 2008 the court headed by the judge I. Dirko admitted guilt of the citizen Aryutkin.
"to find Aryutkin Sergey Nikolaevich guilty of the commission of crime, provided by Art. 286 p.1 UK of Ukraine, having appointed it punishment for this crime in the form of arrest for a period of 2 months with application of additional punishment in the form of deprivation of the right of management by all vehicles for a period of 1 year", - to be spoken in the decision of the Central district court of the city of Nikolaev in the matter of No. 1-6-850/07.
Naturally, sentence was appealed in Appellate court of the Nikolaev area. The court session took place on April 22.
The appellate court of the Nikolaev area didn't satisfy S. Aryutkin's appeal and left a sentence of the Central district court of the city of Nikolaev without changes.
And here the most interesting began! Condemned, having left a court hall, I disappeared in the unknown direction.
By our legislation, in execution of judgments is engaged State executive serving, but only on material collecting. And who will look for the condemned? Militia? The militia can't technically look for it as there is no resolution on his search! But there is a judgment which needs to be executed. On search anybody can't issue the resolution, after all there is no search business. And nobody can open search case as there is no criminal case - the court already pronounced a sentence on it. The vicious circle turns out!
As a result, functions on delivery of the criminal in prison are assigned to the militiaman in the beat in a residence of the condemned. And as district police officers at us in the country are loaded there is nobody not a secret.
Here also the sentence turns out - is, and punishment on it isn't present!
For example, in the USA there is an institute of marshals which is considered as influential law enforcement agency of system of public institutions. The marshall service carries out not only execution of judgments, ensures safety of legal agencies and participants of trial, but also directly takes part in search and detention condemned which disappeared. The marshall service of the USA incorporates groups of a special purpose, it is equipped with the necessary modern arms, special means, vehicles of different types, etc.
As for this case, the situation simply reaches to the point of absurdity.
The citizen Aryutkin after the court pronounced a conviction, continues to go by the car on streets of Nikolaev. After judicial proceedings it was stopped by the staff of GAI for the next violation of the rules of traffic, but couldn't detain him as have no right. Made the protocol and released. Under the law on them as on the staff of GAI, functions of execution of adjudications aren't assigned.
And the similar facts aren't single. How many such condemned travel about on roads of Ukraine it isn't known.....
Awfully that, for the similar reasons adjudications not only on road accident, but also on other violations of UK of Ukraine aren't carried out. It is a serious gap in the Ukrainian system which demands immediate elimination.
From the moment of road accident passed year. After a court sentence - 2 months. Responsible for road accident still didn't incur deserved punishment.
Inhabitants of Nikolaev be careful, after all any minute you can fall a victim of a careless driving of this "reckless driver" …