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 Round table: Reopening of judicial proceedings

Ukraine: Support to the implementation of the judicial reform

Round table: Reopening of judicial proceedings © CoE

On 22 February 2018, the round table “The reopening of judicial proceedings as a measure for the execution of judgments of the European Court of Human Rights: standards of the Council of Europe and the practice of the Supreme Court” took place in Kyiv, Ukraine. The event was jointly organised by the Council of Europe project “Support to the implementation of the judicial reform in Ukraine” and the Supreme Court.

The round table was attended by judges of the Grand Chamber of the Supreme Court, the Deputy Minister of Justice (Government Agent before the European Court of Human Rights), representatives of the European Court of Human Rights (hereinafter – the ECtHR), the Justice and Legal Co-operation Department, as well as experts and representatives of the project “Support to the implementation of the judicial reform of Ukraine”.

The event was organised to discuss the procedure of the review by the Supreme Court of judicial decisions following judgments of the ECtHR. In some categories of cases, such a review is necessary for the full execution of ECtHR judgments in Ukraine. The procedure of the review is envisaged by the new procedural legislation of Ukraine, and the Grand Chamber of the Supreme Court is entrusted with this task. Earlier, the practice of the Supreme Court of Ukraine as regards the review of the domestic judgments was analysed by the ECtHR in the cases “Bochan v. Ukraine (No. 2)”, “Yaremenko v. Ukraine (No. 2)”, “Shabelnik v. Ukraine (No. 2)”.

The participants of the round table discussed both the national legislation regulating the review procedure, and the practice of the Supreme Court in the cases filed before it under the amended legislation. The judges drew special attention to the large number of applications for the review of domestic judgments following the judgment of the ECtHR in the case of “Burmych and others v. Ukraine”.

The Supreme Court and the Justice and Legal Co-operation Department of the Council of Europe will develop further the co-operation aimed at ensuring full, timely and effective execution of judgments of the ECtHR in Ukraine.

WEB LINKS TO THE SEMINAR

The Supreme Court

Kyiv, Ukraine 22 February 2018