Human Rights Compliant Criminal Justice System in Ukraine
23 Dec 2021 13:10:00Council of Europe Kyiv, Ukraine 23 December 2021
To find out more about the activities of the project during October - December 2021, please...
22 Dec 2021 17:02:00
Council of Europe holds expert consultations with the body in charge of disciplinary proceedings on regulations for recruitment and promotion of prosecutorsCouncil of Europe Kyiv, Ukraine 22 December 2021
On 20 December 2021, the Council of Europe organised expert consultations on regulations...
22 Dec 2021 16:01:00
Council of Europe Project “Human rights compliant criminal justice system in Ukraine” summarises the achievements of 2021 and discusses plans for 2022 with its key beneficiariesCouncil of Europe Kyiv, Ukraine 22 December 2021
As the first year of implementation of the Project’s Phase II ends, the Council of Europe Project...
17 Dec 2021 15:21:00Kyiv, Ukraine 17 December 2021
The Council of Europe in the framework of its projects “Supporting institutions to Combat...
17 Dec 2021 10:43:00Kyiv, Ukraine 17 December 2021
On 15 December 2021, the Council of Europe organised a presentation of the report “Investigation...
Project aims at ensuring effective functioning of the criminal justice system in Ukraine aligned with European human rights standards.
The attainment of the Project objective shall contribute to strengthening democratic processes in Ukraine through the development of a criminal justice system which is:
- fair, efficient and respectful of human rights and fundamental freedoms
- effective in the fight against criminality
- free of corruption and accountable at both institutional and individual levels
- trusted by the society.
- Further harmonisation of the criminal procedure legislation and practice of its implementation in line with Council of Europe standards and best practices
- Consolidation of independence, effectiveness and transparency of the public prosecution service
Beneficiary institutions: Ukrainian Parliament, Ministry of Justice of Ukraine, Supreme Court, Office of the Prosecutor General of Ukraine, Council of Public Prosecutors, Qualification and Disciplinary Commission of Prosecutors of Ukraine; National School of Judges; Prosecutors’ Training Centre
Other partners: Office of the President of Ukraine; Ministry of Interior/National Police; State Bureau of Investigations; Coordination Centre for the Legal Aid Provision; National Bar Association; human rights NGOs
Duration and budget
€1 million for the first phase of the project,1 July 2019 to 31 December 2020 (18 months).
€ 1.1 million for the second phase, 1 January 2021 to 31 December 2022 (24 months).
Funding ensured within the framework of the Council of Europe Action Plan for Ukraine 2018-2022.
Project approach and activities
The Project follows the Council of Europe’s working methods, based on standard setting, monitoring and cooperation.
The Project’s comprehensive approach includes a wide range of activities, including needs-assessments, research and base-line studies; policy and legislative advice (legal opinions, expert consultations); development of internal guiding and methodological documents and self-assessment instruments for the operational implementation of the new legal framework; professional capacity development activities, including development of curricula, training modules (incl. e-courses), through workshops, conferences, experience-exchange meetings, study visits; awareness raising activities; inter-agency interactions (working group meetings; public discussions/platforms; cascade peer-to-peer exchanges at regional and/or local levels); pilot/s.
Expert opinions / reviews / publications
- Expert comments to the Draft Law No. 5336 “On Amendments to the Criminal Code of Ukraine Concerning Criminal Liability for Torture” on the basis of the expertise by Mr. Jeremy McBride, international consultant of the Council of Europe
- Expert comments to the Draft Law No. 5157 “On amendments to certain legislative acts of Ukraine concerning priority measures to reform the bodies of the Prosecutor’s Office” with regard to certain aspects of the transitional provisions” and the Draft Law No. 5158 “On amending certain laws of Ukraine on improving the selection and training of prosecutors” on the basis of the expertise by Prof. Dr. Lorena Bachmaier and Mr. James Hamilton, international consultants of the Council of Europe
- Expert assessment of selected provisions of the draft law no. 4049 amending Code of Administrative Offences, Criminal Code and Criminal Procedure Code of Ukraine in view of implementation of the ECtHR judgments on the basis of the expertise by Lilian Apostol, international consultant of the Council of Europe;
- Expert assessment of certain provisions of the Draft Laws of Ukraine No. 4048 and No. 4049 with regards to the amendments of the Criminal Code, Criminal Executive Code and Criminal Procedure Code initiated for the purpose of the execution of the ECtHR judgement Petukhov (No. 2) v. Ukraine on the basis of the expertise by George Tugushi, international consultant of the Council of Europe;
- Comparative study on the workload of Public Prosecutors in selected Council of Europe Member States, prepared on the basis of expertise by Lorena Bachmaier, Grażyna Stanek, James Hamilton, Gaja Štovičej and Catherine Carrie;
- Expert assessment of the Draft law 3009a “On amendments to the Criminal procedural code of Ukraine at the part of securing the implementation of the functions of the prosecutor's office” on the basis of expertise by Prof. Dr. Lorena Bachmaier and Mr. James Hamilton;
- An assessment of the Draft Law #2411 “On Amendments to the Criminal Procedure Code of Ukraine” dated 11 November 2019 for the purpose of aligning the Code with Opinion DGI(2018)07 of the Directorate General Human Rights and Rule of Law of the Council of Europe dated 09 October 2018”;
- Comparative study on the functioning of training institutions for prosecutors in Europe;
- Comparative study on effective remedies to secure criminal proceedings within a reasonable time;
- Review of the Council of Europe standards related to the liability of judges regarding unlawful judicial decisions, by Judge Ðuro Sessa, who is the ex-President of the Consultative Council of European Judges (CCJE), a member of the CCJE Bureau and the President of the Supreme Court of Croatia;
- Comparative paper on criminal responsibility of judges for unjust decisions prepared by Francesco Clementucci (France, Italy and Spain) and Kanstantsin Dzehtsiarou (England and Wales, Moldova and Poland);
- An assessment of the introduction of the criminal misdemeanours in Ukraine, prepared by Yevhen Krapyvin.
To find out more about the activities of the project during October - December 2021, please follow the link to access the Project Digest.
Council of Europe holds expert consultations with the body in charge of disciplinary proceedings on regulations for recruitment and promotion of prosecutors
On 20 December 2021, the Council of Europe organised expert consultations on regulations regarding recruitment and promotion of prosecutors adopted by the Body in Charge of Disciplinary Proceedings (BCDP). The consultations were after provision of expert comments to these regulations by the...
Council of Europe Project “Human rights compliant criminal justice system in Ukraine” summarises the achievements of 2021 and discusses plans for 2022 with its key beneficiaries
As the first year of implementation of the Project’s Phase II ends, the Council of Europe Project “Human Rights Compliant Criminal Justice System in Ukraine” summarised its achievements for 2021 and discussed plans for 2022 during its second meeting of the Steering Committee (the SC), held on 17...
The Council of Europe in the framework of its projects “Supporting institutions to Combat Ill-Treatment in Ukraine” and “Human Rights Compliant Criminal Justice System in Ukraine” became a co-organizer of JustConf 2021, the conference on ideas which change criminal justice. It is because we...
Criminal justice legislation
and practice of implementation
- CoE recommendations are taken into consideration to criminal procedure and related legislation
- Capacities of criminal justice actors are consolidated in line with CoE standards and best European practice
Public prosecution service reform
PPS independence is promoted
- Institutional external
- Procedural individual
Efficiency and professionalism is facilitated:
- Public prosecution service
- Disciplinary & self-governance bodies
- Training institution
Awareness on the PPS reforms developments is enhanced
Relation to the judgments
of the European Court of Human Rights
- Chanyev/Ignatov: lawfulness of pre-trial detention;
- Merit: length of criminal proceedings;
- Khaylo: effectiveness of criminal investigations;
- Balitskiy, Yeremenko: fairness of proceedings: right not to incriminate oneself; use of confessions obtained under duress at trial;
- Lutsenko / Tymoshenko vs. Ukraine: protection against abuse of power.
Tel: +33 (0) 3 90 21 60 2
Senior Project Officer / Local Legal Adviser
Tel: +38 044 425 0262 (ext. 167)
Tel: +38 044 425 0262