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EU-CoE Joint Programme Transparency and Efficiency of the Judicial System of Ukraine

EU-CoE Joint Programme

Transparency and Efficiency of the Judicial System of Ukraine


Implementer: Council of Europe


Beneficiary: High Council of Justice of Ukraine


Recipients: Supreme Court of Ukraine, Council of Judges of Ukraine, Supreme Administrative Court of Ukraine, Supreme Economic Court of Ukraine, High Qualification Commission of Judges of Ukraine (HQCJ), National School of Judges of Ukraine (NSJ), Office of the Prosecutor General of Ukraine, National Academy of Prosecution of Ukraine, Ministry of Justice of Ukraine, Committee on Judicial Policy of Verkhovna Rada of Ukraine, Union of Advocates of Ukraine, National Commission for Strengthening Democracy and Rule of Law, State Court Administration of Ukraine, State Enterprise “Informational Judicial Systems”, etc.


Duration: July 2008 – December 2011


One of the Programme goals was to support NSJ institutionalization through:


1.    Elaboration of recommendations by CoE experts on:
    Draft Ukrainian Law on Judiciary and Status of Judges with an emphasis on problems of its implementation, its possible further improving and training of judges (Italian expert Mr. Giacomo Oberto);
     

Provisions of new Ukrainian Law on Judiciary and Statute of Judges in terms of training of judges. On February 23, 2011 experts’ recommendations were presented and discussed during the round table (Polish expert Mr. Wojciech Postulski, Holland expert Mr. Lieke van Zanten-Renders);

     

Assessment of needs of judges in initial trainings and trainings for enhancing their capacities within NSJ. As a result of long lasting cooperation with Moldavian expert Ms. Cristina Cojocaru existing curricula were reviewed, questionnaire for judges was elaborated and interviewing of 1236 judges of various jurisdictions was conducted, and therefore, training needs were determined. NSJ was provided with survey accompanied by recommendations of both European and Ukrainian experts, that was very useful while planning further activities of NSJ for next year;

     

Methods of NSJ faculty selection and drafting Procedures of competitive selection of NSJ faculty (Polish expert Mr. Wojciech Postulski and Spanish expert Mr. Jose-Maria Villalobos).

2.  

Holding International Conference on European Standards for Professional Training of Judges and Prosecutors in partnership with National Academy of Prosecution of Ukraine. Participating in the event, CoE experts represented key training institutions for judges and prosecutors of Spain, France, Portugal, Netherland, Belgium, Montenegro, Moldova and Russia. There were discussed methods and ways of knowledge evaluation of candidates for the judge position; arranging special trainings; elaborating  initial training programmes and, therefore, theoretical and practical aspects of their implementation; ways and methods of checking acquired knowledge and skills. All recommendations of European and national experts were integrated into the concept and draft Programme of Judicial Training of Candidates for the Judge Position developed by National School of Judges of Ukraine.

3.  

Best practices studies:

  In late October, 2011 delegation of HQCJ and NSJ visited the Polish National School of Judiciary and Public Prosecution to study its experience in methods of selection and initial training of court staff for judiciary of Poland.  On October 27, 2011, in the course of delegation visit to Krakow, the Cooperation Agreement between National School of Judges of Ukraine and the Polish National School of Judiciary and Public Prosecution was signed.


4.   Education:
  Curricula and training materials elaborated, one training for judges-trainers and 7 regional trainings for judges on Anti-corruption legislation and practice: the experience of the EU and Ukraine conducted;
 

Judges-trainers were trained on:

communication with mass media;

mediation;

   

The workshop for judges on Combating racism and intolerance: the experience of the EU and Ukraine conducted;

   

In partnership with HELP Programme:

training of trainers on Implementation of Convention on Human Rights and Fundamental Freedoms and case law of ECHR in civil proceedings conducted;

kick-off workshop for judges-participants of pilot distance-learning course on family law and human rights conducted.

5.    Elaboration and publication:

Materials of International Conference on European Standards for Professional Training of Judges and Prosecutors.

   Manuals for judges were recommended by Scientific and Methodic Council of NSJ, of that several members are co-authors of these researches. These publications are using extensively in the education process within NSJ and disseminating among Ukrainian judges:
-   I.Lishchyna, T.Fuley, Kh.Khembakh. Implementation of European Convention on Human Rights in trialing commercial cases. Guidelines for judges.
-   N.Akhtyrska, V.Filatov, T.Fuley, Kh.Khembakh. Art. 8 of Convention on Human Rights and Fundamental Freedoms: Standards of Implementation in the Administration of Justice.
6.   Equipping of NSJ regional branches’ computer labs by the cost of the Programme.