In the sphere of development of judicial reform, the role of international experts and institutions has crossed constitutional boundaries - Maryna Stavniychuk
The Head of the UNBA Committee on the Rule of Law Maryna Stavniychuk pointed out the mistakes in the implementation of international cooperation with the Venice Commission and donor organizations. She mentioned them during her speech at the second national discussion "Access to Justice: Realities and Prospects". The co-organizers of the event are UNBA and the High Council of Justice.
"The tendency inherent in the so-called reform process is the inability of the Ukrainian authorities to cooperate with international institutions. This was indirectly stated by the Venice Commission in the conclusion on the bill №3711, which recorded low-quality unstable legislation, improper constitutional and legislative process, non-compliance with the law," - Maryna Stavniychuk reminded. The Ukrainian authorities also informed the Venice Commission that Ukraine had made additional commitments to reform the judiciary, including involving international donors in the judiciary.
"However, we understand that if the government wants to fulfill these obligations, the changes should be made to the Article 1 of Constitution, which will say that Ukraine is not always sovereign and independent, shares some power with the EU or European institutions," - Maryna Stavniychuk said.
She stressed that the criteria and requirements for donor organizations are not defined. Also, funding for donor projects in Ukraine has been the subject of anti-corruption investigations.
"If you raise a question concerning the participation of international experts on behalf of donor organizations, what are the criteria for donation - those for the development of Ukrainian statehood or for the possibility of establishing a corresponding colony of foreign states in our country. This is a matter of big politics, " - said Maryna Stavniychuk. However, she stressed that the dominant role of international experts is unconstitutional. "In exercising our powers, we can use the recommendations and advice of foreign organizations and states that have best practices, but the replacement of the powers of national bodies by representatives of other states and organizations does not comply with the Constitution," - Maryna Stavniychuk said.
Among the emergency measures, she suggested assessing the quality of the work of institutes already established with the participation of international experts; to renew the composition of the High Qualification Commission of Judges of Ukraine; to analyze the activities of the High Qualification Commission of Judges of Ukraine and the High Council of Justice.
"The concept approved in 2015 has not been repealed. It stipulates that the High Qualification Commission of Judges of Ukraine and the High Council of Justice are a single body. Although such a concept has not been canceled, another is proposed today. It has always been said that the High Council of Justice and the High Qualification Commission of Judges should consist of the most authoritative people in this field, which is in line with European principles. Today, competitive procedures are offered, in which the issue of authority is not key, although it has always been held as the key in several conceptual documents. Let us see how we understand the proceedings, what is the participation of the parties in the case, what are their procedural rights, how is the policy in the field of justice to be formed. Then we will keep the constitutional principle of the formation of the High Council of Justice, and it may have the sense to return to the same principle in the strategic decision concerning the work of the High Qualification Commission of Judges of Ukraine, and not vice versa - through competitions that allow being appointed due to foreign influence ", said Maryna Stavniychuk.
It must be recalled that the second national discussion "Access to Justice: Realities and Prospects" took place on November 30. The co-organizers of the event were UNBA and the High Council of Justice. The agenda of the discussion included strategic issues of judicial reform, the role of professional communities in the development of legislation on the judiciary and the bar, the constitutional aspects of the participation of international experts in the formation of judicial governance. The video version can be found through the following link: https://www.youtube.com/watch?v=48cOOGcaorg.
Popular news
European integration
The UNBA presented the CCBE with an overview of legal reform and challenges
Reform of the legal profession, Ukraine’s European integration commitments, guarantees of the profession’s independence, and practices of bar self-governance in European countries — these issues were the subject of discussion at the Council of Bars and Law Societies of Europe (CCBE).
Rule of Law Roadmap
The UNBA is compiling the findings of the subgroups regarding the implementation of the Rule of Law Roadmap
Today, May 28, the Ukrainian National Bar Association hosted a meeting of the Coordination Bureau of the Working Group on the implementation of the Rule of Law Roadmap regarding the reform of the advocacy profession. Following a series of meetings by thematic subgroups, the work is now moving to the stage of consolidating proposals and preparing a coordinated package of recommendations.
Discussion
UNBA discussed removing barriers at border crossings for families with children with disabilities
Families of children with disabilities face additional requirements when traveling abroad, particularly regarding consular registration. What is happening and what changes are needed to remove these obstacles were discussed during the roundtable «Borders without barriers for families of children with disabilities».
Discussion
New rules, old problems: the UNBA discussed the work of the ETAIDF and MMC
The reform of medical-social assessment and military medical commissions has changed procedures but has not resolved practical issues. People face situations where documents are not issued, decisions are based on technicalities, assessments are delayed, and they struggle to demonstrate their actual health status in specific life situations.
Discussion
Co-parenting shouldn't be reduced to a 50/50 formula, — roundtable discussion
Following a divorce, joint custody can serve as a mechanism for ensuring equal parental rights. However, this model requires clear criteria and cannot be applied automatically without taking into account the child’s age, the level of conflict between the parents, the risk of violence, and the feasibility of enforcing the future decision.
Legislation
Penalties for errors in military registration require clear rules, – UNBA
The liability of officials for violations of military registration rules must be legally defined, proportionate, and effectively enforceable. Otherwise, the new fines will not protect citizens from registration errors but will create additional risks.
European integration
Lidiya Izovitova: In the context of European integration reforms, advocacy is a partner of the state, not a target of reform
The war has significantly altered the working conditions for advocates, while European integration has presented the profession with new institutional challenges. The ongoing negotiation process covers issues such as the rule of law, judicial independence, fundamental rights, justice, freedom and security.
Guarantees of the practice of law
The Verkhovna Rada discussed the next steps for ratifying the Convention on the Protection of the Professions of Lawyer
The Verkhovna Rada Committee on legal policy held a working meeting to prepare for the ratification of the Convention for the Protection of the Profession of Lawyer. The meeting was attended by members of parliament, representatives of the Office of the President, the Ministry of Justice, the Ministry of Foreign Affairs and the Ukrainian National Bar Association.
Publications
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…
Valentyn Gvozdiy WORKING IN A WAR ZONE
Lydia Izovitova Formula of perfection
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates