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
  1. The amended legislation in Ukraine allows the judiciary and the bar in their practice to adhere to Council of Europe standards .
  2. Functioning of courts and judicial institutions under the reformed legislation framework follows the standards of the Council of Europe and the relevant European practices.
  3. The involvement of the bar in litigation in terms of procedure and practice comply with the Council of Europe standards.

Project News

Back Annual report of the High Council of Justice

Ukraine: Support to the implementation of the judicial reform
Annual report of the High Council of Justice © CoE

Annual report of the High Council of Justice © CoE

On 23 February 2018, the annual report of the High Council of Justice “On ensuring the independence of the judiciary in Ukraine in 2017” was presented and discussed in Kyiv.  The event was jointly organised by the High Council of Justice and the Council of Europe project “Support to the implementation of the judicial reform in Ukraine”.

The presentation was attended by the President and judges of the Supreme Court, the Head and members of the High Council of Justice, the Head and members of the High Qualification Commission of Judges of Ukraine, Head of the Council of Judges of Ukraine, Rector of the National School of Judges of Ukraine, senior management of the State Judicial Administration of Ukraine, representatives of the Administration of the President of Ukraine, judges of different levels, representatives of civil society and international organisations. The Council of Europe was represented by:

  • Ms Hanne Juncher, Head of the Justice and Legal Co-operation Department,
  • Ms Lilit Daneghian, Head of Justice Sector Reform Unit 1, Justice and Legal Co-operation Department,
  • Ms Danutė Jočienė, international expert the Council of Europe,
  • Mr Dmytro Tretyakov, Senior Lawyer, non-judicial rapporteur on Ukraine, Head of the Unit of the Filtering section of the Registry of the European Court of Human Rights,
  • Representatives of the Council of Europe project “Support to the implementation of the judicial reform in Ukraine”.  

 The High Council of Justice prepares its annual report on ensuring the independence of the judiciary in Ukraine in accordance with the law “On the High Council of Justice”, jointly with the judicial self-governance bodies, other judicial organisations and institutions, civil society so as to strengthen the independence and authority of the judiciary in Ukraine. The text of the Report was drafted by the Permanent commission of the High Council of Justice specifically established for this purpose, and further adopted by a decision of the High Council of Justice of 13 February 2018. The Report and the relevant decision of the High Council of Justice are available in Ukrainian.    

The Report for 2017 is the first official document which systematises and analyses information concerning the independence of the judiciary in Ukraine. Among other questions, the Report looks into the appointment of judges and the judicial career, irremovability of judges, financial and organisational guarantees of judicial independence, the balance between the judicial independence, their accountability and other matters.

During the preparation of the Report of the High Council of Justice, Ms Danutė Jočienė who is a Judge of the Constitutional Court of Lithuania and the ex-judge of the European Court of Human Rights, provided the High Council of Justice with her recommendations on the content and the format of the Report. These recommendations were preceded by the consultations of Ms Jočienė with judges of the Supreme Court of Ukraine, members of the High Council of Justice, the High Qualification Commission of Judges of Ukraine, the Head of the Council of Judges of Ukraine, and representatives of the Administration of the President of Ukraine.

When speaking about the Council of Europe standards on judicial independence, Ms Hanne Juncher presented the new Report on judicial independence and impartiality in the Council of Europe member States in 2017. The Report was prepared by the Bureau of the Consultative Council of European Judges by request of the Secretary General of the Council of Europe, and  was adopted on 7 February 2018.  

 

WEB LINKS TO THE SEMINAR

- the High Council of Justice

- the Supreme Court

- the National School of Judges of Ukraine

- the Council of Judges of Ukraine

 

Kyiv, Ukraine 23 February 2018
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