Judicial Reform

Judicial Reform

Oleksiy Filatov

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http://jrc.org.ua

  • Completed
  • In progress
  • Not started
Status
Meeting number
Meeting date
NRC resolutions
Execution deadline
Responsible
Outputs
18
19.04.2016
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18
19.04.2016
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18
19.04.2016
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18
19.04.2016
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18
19.04.2016
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18
19.04.2016
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18
19.04.2016
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14
09.11.2015
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14
09.11.2015
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14
09.11.2015
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14
09.11.2015
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14
09.11.2015
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14
09.11.2015
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14
09.11.2015
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14
09.11.2015
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14
09.11.2015
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14
09.11.2015
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14
09.11.2015
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14
09.11.2015
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2
17.02.2015
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2
17.02.2015
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2
17.02.2015
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2
17.02.2015
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1
24.12.2014
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1
24.12.2014
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1
24.12.2014
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Commitments
Execution deadline
Reference
Judicial Reform.
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3.3
The goal of judicial reform is the reform of the judiciary, the proceedings and the legal institutions related to practical implementation of the rule of law and ensuring everyone the right to a fair trial by an independent and impartial court. The reform must ensure the functioning of the judiciary that meets public expectations regarding the independent and fair trial, as well as the European system of values and standards of human rights. The reform will be conducted in two stages:.
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3.3
The first stage is urgent updating of legislation aimed at restoring confidence in the judiciary in Ukraine.
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3.3
The second stage are systemic changes in the legislation: the new Constitution of Ukraine and on the basis of the relevant constitutional changes - new laws concerning the judicial system and legal proceedings, other related legal institutions.
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3.3
Commitments
Execution deadline
Reference
Introduce efficient mechanisms to fund housing construction for servicemen (housing to be available during service time and permanent housing.
30.06.2015
A.I.2.12
Judicial reform.
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A.IV
Recruitment to positions of judges at all levels will be solely based on competition through objective criteria, and political bodies will not participate in any decision-making with regard to judges’ career, also including aspects outlined below.
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A.IV.1
The Supreme Court of Ukraine and Constitutional Court of Ukraine will be composed of recognized experts in the field of law according to legislated criteria and with consideration of public discussion of candidates.
30.06.2015
A.IV.1.1
Integrity criteria will be introduced, and eligibility against these criteria will be a mandatory pre-requisite for appointment as a judge, together with:.
30.06.2015
A.IV.1.2
Full declaration of income and costs shall be implemented for judges, members of the High Council of Justice, bodies responsible for selection of judges and brining judging to liability, as well as their family members and related persons in the broadest sense.
30.06.2015
A.IV.1.2.1
One of the key criteria for appointment as a judge shall be proper consistency of costs incurred by a candidate seeking this position and his/her family members with the level of their income.
30.06.2015
A.IV.1.2.2
Appointment to the position of a judge shall be possible only for persons with high professional and ethical profile.
30.06.2015
A.IV.1.2.3
Procedures will be improved for screening and qualification examinations as well as special checks of candidates seeking to be appointed as judges in order to exclude any corruption-related influence.
30.06.2015
A.IV.1.3
Performance of judges will be regularly assessed according to the legislated procedure and objective criteria.
30.06.2015
A.IV.1.4
Appointment to vacant positions of judges in any court, including internal transfers, shall be subject to competitive recruitment only.
30.06.2015
A.IV.1.5
Mechanisms will be put in place by which decisions rendered by the European Court of Human Rights would affect judges’ career if the Court establishes a breach of the European Convention on Human Rights with regard to decision rendered by this judge.
30.06.2015
A.IV.1.6
Mechanisms will be put in place for the public to participate in judges’ recruitment procedure.
30.06.2015
A.IV.1.7
In order to address immediate cadre-related issues, the activity of High Council of Justice and qualification commission of judges (High Qualifications Commission of Judges of Ukraine) will be improved by ensuring that these bodies are composed of recognized and credible professionals in the field of law with impeccable reputation on the basis of transparent selection.
30.06.2015
A.IV.2
The number of levels of judiciary self-government will be reduced and powers of judiciary self-government bodies will not be duplicated.
30.06.2015
A.IV.3
The law will clearly define grounds and procedure for brining judges to disciplinary liability and the list of disciplinary sanctions will be extended, including the following:.
30.06.2015
A.IV.4
A procedure for disciplinary proceedings against a judge will be standardized by a framework law.
30.06.2015
A.IV.4.1
The list of grounds for disciplinary liability of judges will be extended and its ethical aspect will be strengthened.
30.06.2015
A.IV.4.2
An appeal procedure will be improved by which a judge may contest a decision concerning disciplinary action.
30.06.2015
A.IV.4.3
Procedural legislation will be improved, including the following:.
30.06.2015
A.IV.5
A mechanism will be put in place by which a court will not have the opportunity to return a person’s appeal on the basis that the forum is inappropriate.
30.06.2015
A.IV.5.1
Appeal procedure with regard to court decisions will be improved. The Supreme Court will receive effective powers to build consistent case law.
30.06.2015
A.IV.5.2
Procedural norms of different types of legal proceedings will be standardized, to a reasonable extent.
30.06.2015
A.IV.5.3
Practical mechanisms will be introduced to ensure implementation of the following principles:.
30.06.2015
A.IV.5.4
Judges’ caseload will be brought in line with reasonable norms.
30.06.2015
A.IV.5.5
Advanced IT tools will be implemented in the work of courts to enable ‘e-justice’, and the system for automated assignment of cases will be improved.
30.06.2015
A.IV.5.6
Effective legal mechanisms will be put in place to ensure that cases are reviewed in courts within the established timeframes.
30.06.2015
A.IV.5.7
Implementation will be ensured for the law on introduction of jury trial in criminal cases.
30.06.2015
A.IV.5.8
Mechanisms will be envisaged for revision of sentences in criminal cases where persons were convicted without sufficient evidence base.
30.06.2015
A.IV.5.9
Actual enforcement of court decisions will be guaranteed, including the following measures:.
30.06.2015
A.IV.6
Effective judicial control will be implemented for execution of court decisions.
30.06.2015
A.IV.6.1
The principle will be introduced to link remuneration to actual enforcement of court decisions and execution timelines.
30.06.2015
A.IV.6.2
Additional incentives will be stipulated for voluntary execution of court decisions and liability for non-execution will be strengthened.
30.06.2015
A.IV.6.3
Attorneys will play important role in the system of justice:.
30.06.2015
A.IV.7
The bar profession will receive professional governance characterized by quality and independence from external influence. Effective mechanisms will be put in place to bring attorneys to disciplinary liability.
30.06.2015
A.IV.7.1
Defence against charges in criminal proceedings will be conducted only by those persons who have received license to practice law and/or relatives of the accused person; lawful representatives will receive appropriate procedural status.
30.06.2015
A.IV.7.2
Corruption offence will become one of the grounds for revocation of a license to practice law.
30.06.2015
A.IV.7.3
Guarantees for professional activity of attorneys will be enhanced; equal rights will be ensured for prosecutors and attorneys in a judicial proceeding.
30.06.2015
A.IV.7.4
Institutional development will be ensured for the system of legal aid provided in criminal, civil and administrative legal proceedings; legal awareness of population will be enhanced.
30.06.2015
A.IV.7.5
Initiated democratic processes in reforming the prosecutor’s office will be continued:.
30.06.2015
A.IV.8
Practical implementation will be ensured for the new Law on Prosecutor’s Office.
30.06.2015
A.IV.8.1
Disproportion between costs incurred by a prosecutor, his/her family members and related persons and their income shall serve as basis for unconditional dismissal of such prosecutor.
30.06.2015
A.IV.8.2
The Constitution of Ukraine will be amended in the following way:.
30.06.2015
A.IV.9
Requirements will be raised for appointment to the position of a judge, including age and experience criteria.
30.06.2015
A.IV.9.1
The system of courts will be simplified; a network of courts will be defined by the law.
30.06.2015
A.IV.9.2
Immunity of judges will be limited – it will extend only to function-related immunity.
30.06.2015
A.IV.9.3
Through transition provisions measures will be taken to ensure renewal of the judiciary corps.
30.06.2015
A.IV.9.4
A separate section on prosecutor’s office will be removed. The prosecutor’s office status should be regulated by separate article in the Justice section, restricting its scope of authority by criminal justice only.
30.06.2015
A.IV.9.5
In addition, as a constitutional change, a single and independent from political influence body will be set up with the responsibility for appointment, career development and dismissal of judges in which the majority will be peer-elected judges with other members being credible and recognized lawyers – representatives of juridical and legal advocacy community.
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A.IV.9.5
Commitments
Execution deadline
Reference
The new judicial system.
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3
New legislation on the judicial system and the status of judges.
30.06.2015
3
Better access to justice. Simplified procedures for civil and commercial cases.
31.12.2016
3
To initiate amendments into the Constitution to complete the judiciary reform (to introduce a three-tier system of courts, to recertify all judges, to eliminate judicial immunity, to eliminate political influence on the appointment, career and responsibility of judges).
31.12.2016
3
To return to the Supreme Court of Ukraine its powers as the superior court (to amend all codes of procedure).
31.12.2016
3
Commitments
Execution deadline
Reference
Judiciary and Status of Judges. It is expected that the Parliament will adopt a Law on the Judiciary and the Status of Judges during February 2015.
28.02.2015
II.E.35.i.а.
By end-March 2015, we will submit the Law to the Venice Commission of the Council of Europe (COE) for its review and opinion against European standards established by the COE, of which Ukraine is a member.
31.03.2015
II.E.35.i.а.
By end-July 2015, with the goal of achieving greater efficiency and legal certainty, we will complete the preparation of a concept note assessing the impact of a potential consolidation of the superior courts, including with regard to jurisdiction, case process, personnel, budget, and buildings.
31.07.2015
II.E.35.i.а.
Financial performance.
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II.E.35.ii
Court Fees. To enhance efficiency in civil litigation, by end-May 2015, a Law will be adopted on a selective increase of court fees, aiming to double court fee revenues in real terms within 12 months (structural benchmark).
30.05.2015
II.E.35.ii.b
Order of Payment Procedure and Garnishments. By end-August 2015, a Law will be adopted which strengthens the provisions in the Code of Civil Procedure on Order for Payment for domestic transactions and on garnishment of bank accounts (structural benchmark). In particular, the Order of Payment provisions will be amended to expand substantially the range of claims covered, streamline the evidence required, and make use of standardized forms.
31.08.2015
II.E.35.ii.c
Regarding garnishment, our goal is to remove bottlenecks that have been identified as hampering the effectiveness of the procedure in such areas as definitional issues, locating debtor bank accounts, service of process, adherence to strict timelines, and the liability of banks for non-compliance.
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II.E.35.ii.c
We will complete an implementation plan for the new provisions by end- August 2015.
31.08.2015
II.E.35.ii.c
The law will take effect according to a schedule allowing assessment of the results of its implementation and mitigating the risks of negative consequences.
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II.E.35.ii.c
Commitments
Execution deadline
Reference
Ensure the independence, impartiality, professionalism and efficiency, of the judiciary, of the prosecution as well as of law enforcement agencies, which should be free from corruption and political or any other undue interference:.
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ІІІ.2.1.ii
Taking additional steps on judicial reform, in particular by adopting, in line with European standards and in close consultation with the Council of Europe/ Venice Commission, a Justice Reform Strategy including a detailed, comprehensive implementation plan, in particular with a view to:.
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ІІІ.2.1.ii
Implement the Law of Ukraine “On Public prosecution” and to take all necessary organizational and legal measures to ensure compliance of the prosecutorial activity with the European standards.
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ІІІ.2.1.ii
Ensure the effective functioning of the High Council of Justice.
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ІІІ.2.1.ii
Adopt and implement the laws on the Judicial System and the Status of Judges.
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ІІІ.2.1.ii
Taking relevant actions on reform of the Police, including amendments to the Criminal Code and other legislative acts related to the adoption of framework legislation on the functioning of police, in close consultation with the Council of Europe/ Venice Commission enhancing the training of judges, court officials and prosecutors as well as support staff and law enforcement agencies staff.
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ІІІ.2.1.ii
Effective implementation and enforcement of the civil, criminal, economic and administrative codes and their corresponding procedural codes, based on European standards.
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ІІІ.2.1.ii
Providing the necessary resources to implement effectively the Criminal Procedure Code and the legislation on the Bar.
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ІІІ.2.1.ii
Promoting human rights awareness among judges, prosecutors and other law enforcement agencies by common measures on enhancing trainings of judges, prosecutors and law enforcement officers on human rights issues and in particular on combating torture and inhuman and degrading treatment.
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ІІІ.2.1.ІІІ.а
Step up cooperation to further strengthen the awareness of law enforcement agencies and the courts as regards respect for the right to freedom of peaceful assembly, notably by the exchange of best practices, training and cooperation on implementing rules of legislation.
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ІІІ.2.1.ІІІ.b
Continue strengthening judicial cooperation in civil and commercial matters by acceding to and implementing multilateral conventions in particular the Conventions of the Hague Conference on Private International Law in the field of international Legal Cooperation and Litigation' and protection of children.
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ІІІ.3.2
Continue strengthening judicial cooperation in criminal matters by acceding to and implementing the relevant conventions, especially those of the Council of Europe.
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ІІІ.3.2

Oleksiy Filatov

Team structure