Title of the project: Ensuring the effective implementation of the right to a fair trial (Article 6 of the ECHR) in Ukraine

Duration: 22 months (01/09/2021 – 30/06/2023)

Place/country: Ukraine

Budget: EUR 450 000

Funding: Human Rights Trust Fund

The project objective is to support functioning of the judiciary in Ukraine in the time of war is in compliance with Article 6 of the ECHR concerning issues of judicial independence and access to justice

• The judicial self-governance bodies are able to provide support to the functioning of judiciary in the time of war with the account of relevant standards of the Council of Europe
• The judiciary is equipped with the necessary knowledge and expertise concerning the implementation of derogation from the European Convention on Human rights, made by the Ukrainian authorities in the context of war

High Council of Justice

Judicial self-governance bodies

The approach towards project implementation involves discussion and policy formulation, support to legislative development, provision of international and national expertise, awareness-raising activities, ensuring complementarity with partners on the ground.

The main types of activities include: 

• provision of expert involvement on compliance of draft legislation or legislation with the standards and recommendations of the Council of Europe; 
• support to the development of amendments to the Ukrainian legislation or policy documents, including with a view of optimising the functions of the judicial bodies in the time of war;
• technical consultations and discussions of the Ukrainian authorities with the Council of Europe bodies;
• delivery of focus groups and public events, to the extent possible, to discuss the proposed steps concerning the derogation from the Convention and the functioning of the judiciary;
• participation in thematic donor-government coordination groups.

Legal analysis of the derogation made by Ukraine under Article 15 of the European Convention of Human Rights and Article 4 of the International Covenant on Civil and Political Rights November 2022

Report on Certain Aspects on the Role of the Councils of the Judiciary in Disciplinary Proceedings Against Judges and Compliance with Fair Trial Rights

Expert Of the Law 7315 “On Amending the Law of Ukraine ‘On the Judicial System and Status of Judges’ regarding the Judicial Proceedings during the Martial Law or State of Emergency”

Outline of institutional and procedural setup of the system of judicial self-governing bodies of Ukraine (in Ukrainian)

Legal analysis of the status of the institutional and functional aspects as well as the existing challenges for judicial evaluation and training in Ukraine