Abolition of the "Deliberation Room" Institute
A key innovation of the Law of Ukraine No. 4173-IX, adopted on December 19, 2024, is the abolition of the "deliberation room" as a specially designated space for rendering court decisions, where judges were required to retreat to make and sign their rulings.
At the same time, the general principles of rendering and announcing court decisions remain unchanged:
- The rendering and announcement of a court decision constitute the final part of the court hearing, during which the court, either in a panel or as a single judge, decides on the merits of the case or other procedural issues and announces the ruling.
- As a general rule, these actions take place immediately after the conclusion of court debates.
- The rendering and announcement of a court decision occur within the court premises.
- The secrecy of judicial deliberation is preserved, meaning that during the rendering of a decision, a judge is prohibited from discussing the case materials, legal norms, judicial practice, or the content of the decision with anyone except the members of the court handling the case.
- Judges are not allowed to disclose the deliberations and opinions expressed during the decision-making process.
- Judicial independence and impartiality are ensured, requiring that no external individuals be present near the judges deciding the case to prevent any interference in the decision-making process.
- No judge has the right to abstain from voting or signing the court decision on any issue.
- The court decision must be announced publicly during a court hearing.
- The decision must be signed by all members of the court panel.
Thus, court decisions can now be rendered and signed in any part of the court premises where deliberations can take place in a collegial manner while ensuring the confidentiality of the decision-making process.
After the conclusion of court debates, the court must announce the transition to the decision-making stage and specify the time for announcing the ruling in the same court hearing, without declaring a break or postponement.
To render a court decision, the court may either leave the courtroom or remain inside it.
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