Main goal of the event was to establish unified understanding for all parties to the criminal process, identification of reasons for violation of human rights in the criminal process, identification of deficiencies in the Criminal Procedure Code.

The forum was attended by the representatives of the Presidential Administration, Office of the Parliamentary Commissioner for Human Rights, General Prosecution Office of Ukraine, Ministry of Internal Affairs of Ukraine, judges of the Higher Specialized Court of Ukraine on civil and criminal cases, lawyers and independent experts on criminal process and protection of human rights.

During the opening session of Forum, Virgilijus Valancius, Team Leader of the EU Project Support to Justice Sector Reforms in Ukraine, spoke about development of the Justice Sector Reform Strategy for 2015-2020 within the framework of the Council on Judicial Reform under the Presidential Administration. He also mentioned that Ukrainian judges, advocates and prosecutors should pay more attention to the issue of professional ethics and contribute to the unity of the judicial practice. “Advocates, judges and prosecutors are the elements of one judicial system. Their main goal is to ensure fair justice” – noted Virgilijus Valancius.

During the meeting Dovydas Vitkauskas informed about the progress with development of the new Justice Sector Reform Strategy. “This document will be discussed by the Judiciary Reform Council under the Presidential Administration and will be presented to the President of Ukraine soon,” – said Dovydas Vitkauskas. He also mentioned that content of the new strategy could be amended depending on needs of the State Penitentiary Service related to development and realization of the state policy on enforcement action.

The State Penitentiary Service officials informed about current needs and for development of the penitentiary system. The EU experts expressed readiness to contribute to development of international cooperation by assisting the State Penitentiary Service with signing corresponding agreements with penitentiary and probation departments of the EU Member States.

Both sides has reached preliminary agreement to draft the proposals which can be included in the new strategy to cover the issue of establishing probation system in Ukraine.

© Yann Zuldel

The project ‘Judicial Response to Terrorism in the EU: Strengthening Cooperation to Better Prevent and React’ will offer justice professionals (judges and prosecutors) training and networking opportunities through the organisation of five training events to be organised in France, Spain and Belgium between December 2013 and March 2015.

Through a comparative approach to the issue of the judicial response to terrorism, those events will offer justice professionals the opportunity to learn about other national contexts and judicial systems, share their practical experience of dealing with existing or emergent terrorist threats, and establish new professional contacts with counterparts across the EU and beyond.

The Initial Conference of the project (Paris, 9-10-11 December 2013) examined the points of convergence between drug trafficking and terrorism. The three practical seminars (France, Spain and Belgium) will be dedicated to the study of a practical mock-up case of a terrorist attack involving several EU Member States. Each seminar will focus on a different phase of the judicial process: the intelligence phase preceding the commission of the terrorist act; the immediate reaction to the terrorist attack and the investigation phase; and the criminal proceedings and trial phase. The Final Conference will gather the conclusions of the different seminars and present them to a larger audience of judges, prosecutors, investigators and policymakers from different EU Member States.

The ENM’s operator, Justice Cooperation International (JCI), will provide assistance in what regards the practical implementation of the project.

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Source – ENM

Participants have discussed future plans concerning further implementation of initiatives within the framework of the project, in particular – reforming law enforcement agencies, prosecutor’s office, judiciary system and public defender’s office, the system for preventing and combating corruption.

An approach regarding the development of sectoral strategies to reform certain of the above said fields that have to be united in the future into a more comprehensive package of reforms, has been agreed.

Taking this into consideration, Andrew Rasbash, head of the cooperation programs of the European Union in Ukraine, has emphasized on the need to consider the situation that takes place in the country today. He also has pointed out that the project is aimed, first of all, to support Ukrainian developments that are going to be Ukraine’s own project.

In his turn, the Deputy Minister of Justice Ruslan Ryaboshapka has expressed gratitude to European colleagues for tangible support in implementation of reforms in Ukraine, as well as he emphasized the need of further close cooperation within the framework of this process. “Implementing the reforms is the second most important task for the Ukrainian government after securing peace in our land”, – he stated.

The sides agreed to an urgent start to develop proposals regarding sectoral reforms in the above stated fields.

It has also been mentioned during the event, to consider judiciary community’s position while developing reforms in the field of the judicial system and status of judges, as well as check the planned reforms for anti-corruption component.

Participants have also congratulated Virgilius Valanchius on appointment to the post of the head of an expert group within the framework of the project, who has presented a report of project activity for the previous 6 months, as well as proposals regarding its future proceedings.

Source – Ministry of Justice of Ukraine

The Forum brought together the advocates from all regions of Ukraine as well as the European experts. The participants discussed organisation of advocacy activities in Europe, reform of the criminal justice in Ukraine, as well as issues on protection of professional rights and ensuring of guarantees for advocacy. 

The key experts of “Support to Justice Sector Reforms in Ukraine” Project described the role of the advocacy in the European Union. In particular, they highlighted the issues on the role of advocacy in the system of protection of human rights and democracy, relations between judges and lawyers, as well as certain aspects of professional cooperation between lawyers, judges and prosecutors in Germany. The guest speakers Mr Rytis Jokubauskas from the Council of Bars and Law Societies of Europe (CCBE) and Mr Jean-Louis Magnier, member of the French National Council of the Bars, focused on organisation of advocacy in European countries, international standards for advocacy, as well as peculiarities of advocacy practices in France. 

“Ukrainian advocates must engage in advocacy for their profession,” – says Mr Mark Segal, Key Expert, “Support to Justice Sector Reforms in Ukraine” Project. He stressed upon necessity to strengthen the advocacy role to improve the democratic system for protection of human rights. “One of the best ways is to cooperate with international institutions and work with technical assistance projects. This is why our project offers many avenues for support and cooperation”. 

Source – Delegation of the European Union to Ukraine

Co-organised by the Project “Support to Justice Sector Reforms in Ukraine” and the National Bar Association of Ukraine, the Workshop brought together prominent Ukrainian advocates from different professional associations of lawyers and representatives of international donor organisations. The objective of the event was to start drafting an Action Plan for making the penal process more adversarial, with equality of arms between the prosecution and defence in penal cases.

While other juridical institutions and legal professions have planning documents which set forth their proposals and requirements, advocates have not yet developed or set forth a common position. Accordingly, the Action Plan will a) serve as a blueprint for further reform initiatives to be carried out by the National Bar Association and its partner institutions; b) be an important element of the strategy to guide judicial reforms; c) set the stage for additional collaborative work bringing advocates together with judges and prosecutors, and d) be utilised by the Project for multi-component initiatives. 

“At this historical moment of justice sector reform in Ukraine, advocates must make sure that their voice is heard. This is why it is important to develop an Action Plan which presents the key reforms which advocates seek, in order to make the penal process more fair and protect human rights,” – says Mark Segal, Key Expert, EU Project “Support to Justice Sector Reforms”. 

“This workshop is a starting point for efforts to extend the rights of advocates in the adversarial process,” – says Valentyn Gvozdiy, Deputy Head of the National Bar Association of Ukraine. – “The Association will contribute to development of the Action Plan and to lobbying for new legislation that will ensure the rights of advocates. We are asking the EU to support us in this process.” 

“This is the first precedent in Ukraine where an international donor supports the project for advocates,” – noted Kateryna Koval, Deputy Head of the National Bar Association and Deputy Head of the Lawyers Union of Ukraine, – “We are looking forward to reform of the judicial system and hope that the new project will help to engage advocates in this process.”  

Similar events in the format of strategic planning workshops for advocates will be expanded to include judges and prosecutors.   The next workshop is scheduled for July 2014 in Rivne. 

Source – Delegation of the European Union to Ukraine

The document is built on the Strategic Plan for the Ukrainian Judiciary approved at the XI Congress of Judges of Ukraine in 2013. It anticipates more practical impact for fulfillment of the issues set by the Plan.

Adopted at the time of significant social and political changes, UJDS attests the continuing willingness of the Ukrainian judiciary to reform and improve the quality of its services to the public, follow European standards and best practices in good administration of justice. As part of the on-going European integration efforts, Ukraine has concluded the Association Agreement, is joining a free-trade area, pursing the visa dialogue, and engaging in other major partnerships with the European Union. Reform of the justice sector in general, and the judiciary in particular, is a necessary precondition to consolidate all these efforts.

The Ukraine Judiciary Development Strategy was presented at the XII Congress of the Judges of Ukraine on 19 June 2014. “The judicial system of Ukraine is facing serious challenges. Significant steps should be made by the judiciary themselves to revive public trust,” – says Dr. Virgilijus Valančius, Key Expert, EU Project “Support to Justice Sector Reforms”.

Adoption and implementation of the Ukraine Judiciary Development Strategy will be discussed at the next meeting of the Council of Judges of Ukraine on 19-20 July 2014.

Source – Newsletter of the Delegation of the European Union to Ukraine

Generally they considered the issues on structural construction of the Internal Affairs system, ensuring effective management and collaboration between law enforcement agencies, ensuring democratic principles and transparency in their operations, implementation of an effective system of criminal statistics, introduction of modern technology to provide law enforcement, creating a unified structured database. They also considered the possibility of creating interagency analytical and crisis center and NGO participation in reforming the law enforcement system.

Within the framework of the EU Project “Reform of Justice Sector” members of the commission and the leadership of the MIA working group on reform of the Internal Affairs authorities of Ukraine held a working meeting with General Michelle Gerber, the chief expert on Internal Affairs authorities reform of this project.

At the meeting Valentine Semko, the deputy head of the working group on reform, offered to adapt the proposed plan of the project taking into account the main provisions of the draft Concept of Internal Affairs authorities reform, which will be finalized by the working group.

Bohdan Lyzogub, deputy head of the Department of Personnel, said that it is unacceptable to build MIA based on current legislation, which regulates the activity of central executive authorities. In addition, he offered to preserve the status of employees of the Interior Affairs when transferring to other departments.

Deputy Head of Information and Analytical Support Vasyl Burzhynskyi focused attention on the need for EU assistance in the organization to create a unified interagency integrated database for the subsequent gradual filling and use of relevant services and employees of the Interior Affairs bodies.

In turn, Deputy Director of the Department of Service of the State Service of Emergencies of Ukraine Yurii Mykhailov offered to study the experience of the EU countries in the creation and operation of a unified analytical and critical control centers in the Interior Affairs system.

The meeting resulted in an agreement of the parties regarding the joint achievements of suggestions for the Concept of reforming the law enforcement agencies of Ukraine and holding regular work on the project of the European Union in matters of criminal justice reform.

Source – Ministry of International Affairs of Ukraine