Ukraine: Support to the implementation of the judicial reform

Project title

Support to the judicial reform in Ukraine

project duration

The project duration is 31 months: 1 June 2018 to 30 December 2020.

Project budget

Euro 1,110,000 (reduced to Euro 860,000)

Project partners

Supreme Court, Ukrainian National Bar Association, High Council of Justice, High Qualification Commission of Judges, Office of the President of Ukraine, Ministry of Justice.

Key issues to be addressed

the reform of the judiciary in terms of the practice derived from the adopted legislation (2016-2020), including uniformity of judicial practice and functioning of the new courts and judicial institutions.
changes in the system of the bar including the introduction of the obligatory representation in courts by advocates and strengthening of the system of the free legal aid.

Brief description of project

The project is being implemented in Ukraine in co-operation with Ukrainian counterparts – the Judicial Reform Council, the Supreme Court, the High Council of Justice, the High Qualification Commission of Judges of Ukraine, the Council of Judges of Ukraine, and others. The project is managed by the Justice and Legal Co-Operation Department of the Directorate General of Human Rights and Rule of Law.

Project objectives

To support Ukraine in the completion of the judicial reform and in the implementation of the newly-adopted legislation with the aim of ensuring functioning and organisation of judiciary, bar and free legal aid system under newly established legislation are in compliance with the Council of Europe standards.

Project components

1 – Support to the legislative development

Aim of the component: to provide advice to the Ukrainian authorities in developing legislation on functioning of the judiciary and bar, including through the provision of expertise/assessments/opinions/recommendations

2 – Support to the development of functioning of courts and judicial institutions under the reformed legislation

Aim of the component: to support the development of functioning of courts and judicial institutions, namely, the High Council of Justice, under new legislation so as new court practice, practice of the High Council of Justice within the new powers, issues of publicity with regard to judges, practice of management of the judicial dossier are in line with the CoE standards

3 – Support to the development of bar in Ukraine

Aim of the component: to support development of the new legal institute of the obligatory representation in courts by advocates and of the free legal aid system on civil and administrative cases so as respective procedural aspects and quality of legal advices are in line with the CoE standards and the best European practise

Expected results

The amended legislation in Ukraine allows the judiciary and the bar in their practice to adhere to Council of Europe standards .
Functioning of courts and judicial institutions under the reformed legislation framework follows the standards of the Council of Europe and the relevant European practices.
The involvement of the bar in litigation in terms of procedure and practice comply with the Council of Europe standards.

Project News

Back 4th public discussion on the draft procedural legislation submitted by the President of Ukraine to the Parliament of Ukraine

Ukraine: Support to the implementation of the judicial reform

On 16 June 2017 the conference “Reform of the procedural legislation as a step towards effective justice” took place in Odessa, Ukraine. This fourth event on discussing draft law of the President of Ukraine “On amendments to the Commercial Procedural Code of Ukraine, the Civil Procedural Code of Ukraine, the Code of Administrative Procedure of Ukraine and other legislation” was jointly organised by the Judicial Reform Council, the All-Ukrainian non-governmental organisation “Ukrainian Bar Association” and by the Council of Europe project “Support to the implementation of the judicial reform in Ukraine”.

Judges, practicing lawyers, academia and civil society discussed the general concept and special features of civil, commercial and administrative proceedings in draft procedural codes, implementation of “e-justice”, application of the European Convention for the Protection of Human Rights and Fundamental Freedoms and of the case-law of the European Court of Human Rights. Ms Lorena Bachmaier Winter, Professor of Law at the Complutense University (Madrid) and the international expert of the Council of Europe, informed the participants of the conference about the standards and recommendations of the Council of Europe concerning judicial proceedings.

The amendments to the procedural codes were drafted by the Judicial Reform Council. They involve changes to the main institutes of legal proceedings in Ukraine, including the system and stages of legal proceedings, and, among other things, regulating the powers of the new Supreme Court as a cassation court. Four public discussions of the suggested amendments to the procedural legislation were organised in Kyiv, Kharkiv, Lviv and Odessa, and were attended by judges, lawyers, academia, representatives of civil society and international organisations. A publication of presentations of speakers and of an outline of the Council of Europe standards concerning judicial proceedings will be prepared and disseminated in Ukraine.

The Council of Europe project “Support to the implementation of the judicial reform in Ukraine” aims at ensuring independence, fairness and effectiveness of the judiciary by supporting Ukraine in the implementation of its justice sector reform in accordance with Council of Europe standards and recommendations.

WEB LINKS TO THE EXPERT DISCUSSION EVENT

Odessa appellate administrative court

Kyiv district court of Odessa

Odessa, Ukraine 16 June 2017