Classification of the grounds for postponement of a court session at the stage of trial in criminal proceedings of Ukraine

The article is devoted to clarification and supplementation of the classification of grounds for postponement of a court hearing at the stage of trial, which was presented by the author in 2013. The classification is based on certain features of the criminal procedural form (due process of law) and four main classification groups are identified. The first group includes circumstances related to: (1) failure to appear at the court hearing by a party or other participants to criminal proceedings whose participation is mandatory; (2) the need to involve certain participants to court proceedings who have not previously participated in the court hearing in cases provided for by law. In particular, in the case of: (2.1) replacement of a participant in the court proceedings with another one if there are reasons that make it impossible for him/her to participate further in the criminal proceedings (such reasons arose or became known during the court hearing); (2.2) change of the general procedure of criminal proceedings to a special procedure; (2.3) engagement of a defense counsel by appointment and preparation of the defense in case of removal of the accused from the courtroom. The second group includes circumstances related to: (1) the prosecutor’s decision to make a public prosecution or to apply criminal law measures; (2) ensuring the rights of participants in criminal proceedings whose legitimate interests are affected by such a decision of the prosecutor. The third group includes circumstances related to the need to conduct procedural actions aimed at collecting and verifying evidence. In view of paragraphs 5-7 of Part 2 of Article 322 of the Criminal Procedure Code of Ukraine, this refers to: 1) examination of material evidence at the place of its location, on-site inspection; 2) examination; 3) granting access to things or documents or ordering investigative (search) actions. The fourth group includes circumstances related to ensuring the administration of justice by a «court established by law» and its component, the «legal composition of the court». For example, in connection with the need: (1) to form a new court in cases provided for by law; (2) to resolve the issue of transferring criminal proceedings from one court to another. It is emphasized that Part 2 of Article 322 of the Criminal Procedure Code of Ukraine specifies the grounds for postponement of a court hearing, but their list is not exhaustive.