Trial in absentia: essence and significance

This article deals with the characteristics of trial in absentia which, taken as a whole, reflect its essence. Much attention is paid to the problems of legal regulation of the above institution. The trial in absentia can be determined as the order of hearing and adjudication in the absence of a defendant (co-defendants). The author points out that not every hearing and adjudication in the absence of a defendant (codefendants) is a trial in absentia. That is why the problem of the concept and essence of the trial in absentia is significant for legal practice. The essence of the trial in absentia is characterized by three constituent elements: the grounds for the trial in absentia, its order and the consequences. The grounds include a defendant or codefendants who are informed about the place and time of the trial; the lack of information about good reasons for their non-attendance; the absence of a defendant's (codefendants') request to try the case in his/their absence; the consent of a plaintiff (co-plaintiffs) to try the case in his/their absentia; the invariability of the basis and subject of claim except the cases when the sum of claim has been decreased. In conclusion, the author gives the definition of the trial in absentia and formulates its purposes which reflect the importance of this institution. The trial in absentia implies the procedure in the court of first instance on the basis of a ruling if a defendant (codefendant) is absent, if he has been informed about the time and place of the trial, did not attend court, did not state the reason for his inattendance, did not ask for the trial in absentia, the consent of a plaintiff (co-plaintiffs) to the trial in absentia; court decision is passed in absentia and is subject to a double appeal. The consent of a plaintiff (co-plaintiffs) is supported by the invariability of his initial claim and evidence presented before the trial. Thus, trial in absentia in civil procedure is the mode of protection of the rights of a plaintiff (co-plaintiffs) within a reasonable time if a defendant (codefendants) abuses their rights by way of ignoring their participation in the trial.

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