On 27 September 2016 in Kyiv the project of the Council of Europe “Support to the implementation of the judicial reform in Ukraine” organised a round table on the issues of restoring of the lost materials of court proceedings in the courts that function in the East of Ukraine. The event was attended by judges of the Supreme Court of Ukraine, the three high specialised courts, and appeal courts off all jurisdictions from Kyiv, Donetsk and Lugansk.
At the round table the participants had an opportunity to get familiarised with the case-law of the European Court of Human Rights that is related to the issues of armed conflicts and derogation from certain provisions of the European Convention on Human Rights. The Ukrainian judges at the event shared their concerns as to the deficiencies of the procedure of the restoration of the lost judicial materials. Representatives of the high specialised courts informed about their efforts in interpreting the existing legal provisions and generalising the judicial practice, thus, contributing to an effective response of courts in Donetsk and Lugansk to the issues of the documentation lost due to the removal of courts from the territories uncontrolled by Ukraine.
As a result of the work of the round table, the participants suggested a few recommendations as to the changes to the procedural laws and concerning the judicial practice with regard to the restoring of lost judicial proceedings. It is also offered that further work on this issue should be continued and that a publication on the relevant case-law of the European Court of Human Rights and the Ukrainian judicial practice should be produced.
Links to the web mentions of the event on the Ukrainian websites:
- Supreme Court of Ukraine
- High Specialised Court on Civil and Criminal Matters
- National School of Judges of Ukraine
- Appeal Court of Donetsk Oblast
- Appeal Court of Luhansk Oblast
- Donetsk Appeal Administrative Court
