Zelensky has signed a law eliminating consultation rooms in Ukrainian courts.

The President of Ukraine, Volodymyr Zelensky, signed Law No. 4173-IX on January 8, concerning the abolition of the deliberation room in courts. The changes will initially affect only civil, commercial, and administrative proceedings. This was reported by the "Judicial and Legal Newspaper."

The relevant amendments are included in Bill No. 9445, which was adopted on December 19, concerning changes to the Law on "Judiciary Structure and Status of Judges" and several other legislative acts of Ukraine aimed at improving the adoption and proclamation of court decisions. The law will come into force 30 days after its publication. Cases in first-instance, appellate, and cassation courts, for which proceedings were initiated before this law came into effect, will be considered under the rules that apply after the law takes effect.

However, similar changes have not been made to the Criminal Procedure Code and the Code of Administrative Offenses. The abolition of the deliberation room in criminal proceedings and in cases concerning administrative offenses was proposed in another bill, No. 9446, but it has not been considered. Therefore, this institution will remain in the Criminal Procedure Code and the Code of Administrative Offenses, while it will be modified in other procedural codes.

Additionally, Articles 219 of the Commercial Procedure Code, 244 of the Civil Procedure Code, and 227 of the Administrative Procedure Code will stipulate that after the court debates, the court announces the transition to the stage of adopting the court decision and the time of its proclamation in that court session. In exceptional cases, depending on the complexity of the case, the court may postpone the adoption and proclamation of the court decision for no more than ten days from the date of transitioning to the decision-making stage, announcing the date and time of its proclamation. The amendments specify that the discussion and adoption of the court decision will take place within the courtroom. However, the project does not define the exact location for the adoption of the court decision. This approach implies that the court decision can be made in any room of the court.

"The law has been developed to enhance the efficiency and improvement of the procedural stages of adopting and proclaiming court decisions, harmonizing national legislation regarding judicial rules with the legislation of European Union countries. The law introduces changes to Law No. 1402-VIII, clarifying the norms regarding the protection of the secrecy of the court decision adoption (the secrecy of the deliberation room). The proposed changes are related to amendments to the Civil Procedure Code of Ukraine, the Commercial Procedure Code of Ukraine, and the Administrative Procedure Code of Ukraine, which eliminate the institution of the 'deliberation room.' The implementation of this law will simplify and expedite the court process and contribute to the improvement and efficiency of the procedural stages of adopting and proclaiming court decisions," emphasized the press service of the Verkhovna Rada on January 6.

What is a deliberation room?

A deliberation room is a separate area in the court designated for judges to discuss the outcomes of cases and the decisions made in them. Court decisions and verdicts are adopted, formalized, and signed in the deliberation room. This allows judges to make or vote (in the case of a panel of judges) on the decision they believe is correct. No one is allowed to influence a judge at this moment – the judge does not answer phone calls, does not communicate with anyone, does not consider other cases, and does not disclose any information about the decision until it is announced. Breaching the secrecy of the deliberation room is grounds for overturning the court's decision in appellate or cassation proceedings.

About the bill to abolish the institution of the deliberation room in Ukrainian courts

On October 30, 2024, the Verkhovna Rada approved in the first reading a bill to abolish the institution of the deliberation room in courts. On December 19, 2024, the Verkhovna Rada adopted Bill No. 9445, which anticipates significant changes in the judicial system. According to the document, the procedural law institution "secrecy of the deliberation room" is changed to "secrecy of the court decision adoption." On December 24, 2024, the law was sent for the president's signature and will come into effect only 30 days after official publication. On January 8, 2025, the head of state signed the bill. Proposed amendments to the Civil Procedure Code, Commercial Procedure Code, and Administrative Procedure Code include:

• removing the provision that states that after court debates, the court goes to the deliberation room. Instead, it is proposed that after court debates, the court announces the transition to the decision-making stage and the approximate time of its proclamation in the same court session;
• in exceptional cases, depending on the complexity of the case, the court may postpone the adoption and proclamation of the decision for no more than ten days from the date of transitioning to the decision-making stage, announcing the date and time of its proclamation;
• the procedural law institution "Secrecy of the Deliberation Room" is changed to "Secrecy of the Court Decision Adoption." It is established that during the adoption of the court decision, the judge is not allowed to discuss the circumstances of the case and the content of the court decision with other individuals, except for the composition of the court considering the case. Interference in the process of the court's decision-making is prohibited. Judges are not allowed to disclose the course of the discussion and adoption of the court decision.

Furthermore, the bill proposes changes to the procedure for adopting court decisions:

• for issuing resolutions that are formalized as separate documents, the court announces a recess;
• resolutions made by the court without formalizing them as separate documents are recorded in the protocol of the court session. The court may formalize such resolutions as separate documents after the court session concludes.