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About the Project

The project of the Council of Europe “Further support for the execution by Ukraine of judgments in respect of Article 6 of the European Convention on Human Rights” is funded by the Human Rights Trust Fund and is being implemented in Ukraine by the Justice and Legal Co-operation Department of the Council of Europe.

Duration of the project – 20 months (1 November 2019 – 30 June 2021).

Budget of the project – 800 000 Euro.

 

Overall project objective:

To support Ukraine in providing accessible, full and effective justice through the execution of judgments in which violations of Article 6 of the European Convention on Human Rights are established.

 

Specific project objectives:

Specific objective 1

To support Ukraine in meeting the measures defined with regard to the issue of non-execution of judgments of national courts in the European Court of Human Rights judgments of “Zhovner v. Ukraine”, "Yuriy Nikolayevich Ivanov v. Ukraine", "Burmych and others v. Ukraine".

Specific objective 2

To support the Ukrainian authorities in further introduction of effective remedies, aimed at compensation and acceleration of the judicial proceedings, as well as other practical measures to be taken by the Ukrainian authorities through the codes of judicial procedure (cases “Svetlana Naumenko v. Ukraine”, “Merit v. Ukraine”).

Specific objective 3

To support Ukraine in further implementation of the Council of Europe standards on the improvement of access to justice in line with the judgments of the European Court of Human Rights (in the cases of “Nataliya Mikhaylenko v. Ukraine”, “Feldman and Slovyanskyy Bank v.

Ukraine”, “Tserkva Sela Sosulivka v. Ukraine”, “Viktor Nazarenko v. Ukraine”, “Frida, LLC v.

Ukraine”, “Sokurenko and Strygun v. Ukraine”, “Mykhailova v. Ukraine”) and strengthening judicial independence (Volkov group of cases).

Specific objective 4

To support the Supreme Court in building effective procedures on interaction with the European Court of Human Rights, with a focus on the implementation of the Protocol No. 16 to the European Convention on Human Rights and as to the reopening of judicial proceedings following a judgment of the European Court of Human Rights (cases “Bochan v. Ukraine (no. 2)”, “Yaremenko v. Ukraine (no.2)” and “Shabelnik v. Ukraine (no.2)”).

 

Project Partners

  • The Ministry of Justice of Ukraine (the Office of the Government Agent before the European Court of Human Rights)
  • The Supreme Court
  • The High Council of Justice

Expert opinions / reports / reviews

 Overview of the practices of the Council of Europe member states in introducing effective remedies to solve the problem of the excessive length of judicial proceedings 

 Legal Review of the Draft Regulation “On the Unified State Registry of Enforcement Documents”, Lilian Apostol 

 Executive summary of the Report of the Draft Regulation “On the Unified State Register of Enforcement Documents”, Oleksii Solomko 

 Analysis of the 2019 Annual Report of the HCJ “On Ensuring the Independence of the Judiciary in Ukraine”, Diana Kovatcheva 

 Executive summary of the Overview of the 2019 Annual Report of the HCJ “On Ensuring the Independence of the Judiciary in Ukraine”, Kushnir Iryna 

 Executive summary of the Monitoring of judicial decisions of the Grand Chamber of the Supreme Court in the aspect of the ECtHR judgments in the cases Bochan/Yaremenko/Shabelnik v. Ukraine Nos.2, Iryna Kushnir 

 Executive summary of the Analysis of the progress of Ukraine in implementing the Volkov group of judgments of the ECtHR for the period of 2014-2020, Roman Kuybida 

 Expert analysis “Improving socially-oriented legislation as part of the execution of the ECtHR judgments. Selected practice of the Council of Europe member states”, Lilian Apostol 

 Expert Analysis “Parliamentarian oversight on the execution of the ECtHR judgments: Brief overview of the practices of CoE member states resolving the systemic problem of non-execution”, Lilian Apostol 

 Analysis “Best practices of the CoE member states and the CoE standards pertaining to the judicial control over the execution of national judgments”, Jos Uitdehaag 

 Executive summary of the Report “Court statistical data on the length of proceedings in civil, commercial, and administrative cases”, Roman Kuybida 

 Expert opinion “On improving access to justice, removal of procedural barriers and ensuring the right to an impartial judge in Ukraine: Compliance with Article 6 of the ECHR and execution of the 3 ECtHR judgments”, Lorena Bachmaier-Winter 

 Executive summary of the analysis “Procedure and practice on bankruptcy of state enterprises in Ukraine in the context of the execution of the ECtHR judgements in the Burmych group of cases”, Ruslan Melnychenko 

 Executive summary Expert opinion “On draft law No. 3120 with regard to the ratification of Protocol No. 16 to the ECHR”, Nina Kucheruk (Jurimex) 

 Report of the expert discussions on the issue of non-execution of national judgments conducted in June-September 2020, Andrii Avtorgov 

 Report of the expert discussions of the 2019 Annual report of the High Council of Justice, Oleksandr Drozdov 

 Assessment of CEPEJ tools for the comprehensive statistical data collection on the length of court proceedings, Adis Hodzic 

Recommendations of the Third Annual Forum “Execution of National Judgments in Ukraine”

 Guidelines Report – Institutional Cooperation in the implementation of the ECtHR judgments 

 Summary “Analysis of the national mechanisms of judicial control over the execution of judgments in Ukraine (in the Burmych context)”, Olesia Otradnova 

 Analysis of the the National Strategy addressing the issue of non-execution of judgments where state bodies or state enterprises, institutions, or organisations are debtors until 2022 and of the Action Plan to support its implementation, Ruslan Sydorovych 

 Executive summary of the Analysis of the court practice of applying the institution of model cases in administrative proceedings as a measure to reduce the duration of court proceedings, Roman Kuybida

 Report on the expert discussions concerning the implementation of necessary measures for the execution of the ECtHR judgments in the cases of Ivanov/Burmych, Andrii Avtorgov

Executive summary of the report on the length of criminal proceedings that were concluded in April-May 2020 following the appellate review, Mr Oleh Prostybozhenko

 Report on improving the court monitoring and evaluation system in Ukrainian courts, Adis Hodzic

 Summary of the Report on the results of a sociological survey on the factors that lead to the excessive length of judicial proceedings and mechanisms aimed at addressing the prolonged consideration of cases, Razumkov Centre

 Summary of the Report on the results of a sociological study on the problem of non-execution of judgments in Ukraine and measures to address it, Razumkov Centre

Project publications

 Annual Report 2019 of the High Council of Justice “On Ensuring Judicial Independence in Ukraine” (abridged version) and conclusions of the Council of Europe experts 

 Executive summary of the Analysis of the progress of Ukraine in implementing the Volkov group of judgments of the ECtHR for the period of 2014-2020, Roman Kuybida 

 Collection of expert documents in the context of execution of Ivanov/Burmych judgments (in Ukrainian) 

Project Video
Contacts

Irina Pinischuk, Project Assistant

Council of Europe Office in Ukraine
8 Illinska Street, Entrance 7, 04070 Kyiv, Ukraine
Tel.: + 38 (044) 425 33 70 (ext. 161)

More news

Back Workshop On Improving the collection and Analysis of Judicial Data for Policy Making Purposes

Workshop On Improving the collection and Analysis of Judicial Data for Policy Making Purposes

On April 19, 2021 a Workshop on improving the collection and analysis of judicial data for policy making purposes was held.

This event was organised by the Council of Europe Project “Further support for the execution by Ukraine of judgments in respect of Article 6 of the European Convention on Human Rights” (Project) which is funded by the Human Rights Trust Fund and is being implemented in Ukraine by the Justice and Legal Co-operation Department of the Council of Europe.

The event was attended by about 40 participants: representatives of the staff of the Supreme Court, representatives and experts of the Council of Europe.

Mr Rasim Babanly, Head of the Supreme Court Working Group tasked with solving issues of an excessive length of court proceedings, said that following the workshop, the Supreme Court will continue working on further integration of the proposed Case Management System and respective scoreboards in its system: “The problem of excessive length of court proceedings is a multifactorial one, but it is very important in this situation to understand the state of affairs. The Supreme Court collects a large amount of data, but there was no final understanding of how to make accounting of this statistics comply with the best European standards"

The purpose of the workshop was to familiarize its participants with the Case Management System and its scoreboards - a vital managerial tool, which helps to reduce delays, improve court’s activity and enhance time management in a court.

Mr Adis Hodzic, international expert of the Council of Europe project “Further support for the execution by Ukraine of judgments in respect of Article 6 of the European Convention on Human Rights” presented developed Case Management System:

"Statistics need to be used for decision making. Decisions are based on the numbers that you have. It is necessary to clearly define the systems which should be implemented with all the relevant information elements. It is important to determine the purpose of statistics, in order not to waste huge resources on just collecting information”.

The expert demonstrated the participants a pilot version of the Case management and monitoring system of the Supreme Court in accordance with the data provided by the analytical departments for 2018-2020. He showed how to monitor the caseload at all Chambers of the Supreme Court, observe the number of unsolved cases and the length of court proceedings at all Chambers and assess if the cases are handled within the timeframe provided by the law and Council of Europe standards, prepare monthly and annual reports on incoming, decided, and undecided cases, as well as time used on the decided cases etc with a help of key indicators necessary to assess the operational performance of the Supreme Court.

Following the presentations of Case Management System, participants were able to ask lecturer clarifying questions, share experiences and discuss proposed additional indicators and parameters to be inserted to this matrix.

Kyiv, Ukraine 22 April 2021
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