Participation of international experts in the formation of the judiciary took the form of pressure on Ukraine - Lydia Izovitova

Speaking at the All-Ukrainian Forum "Ukraine 30. Development of Justice", the Head of the National Bar Association of Ukraine (hereinafter - UNBA), the Bar Council of Ukraine (hereinafter – BCU) Lydia Izovitova denied the statement of the international speakers of this event that the Supreme Anti-Corruption Court is the most honest and professional court among other Ukrainian courts.

In particular, the number of complaints about violations of attorneys' rights and procedural violations by Supreme Anti-Corruption Court (hereinafter – SACC) judges during the year and a half of the existence of this judicial institution was cited as arguments.

The Bar Council of Ukraine has adopted a number of decisions and appeals, including to international institutions, the SACC, High Council of Justice and other authorities.

"Civil society does not and cannot have the trust of SACC. It has been working for a little over a year, but we, the attorneys, have already faced a number of problems. For instance, during the history of Ukraine, we have not faced such a problem as for a judge to tell people that he can change the measure of restraint for the accused if the defenders continue to interfere with the trial. We supported the very creation of the SACC and expected fair justice from it. Nevertheless, such justice cannot be for our civil society, by whom and in whatever way it is supported", - Lydia Izovitova emphasized.

The Head of UNBA also expressed doubts about the expediency of repeating the precedent of forming a court with the participation of international experts following the example of SACC. In fact, the appointment of judges with the participation of international experts is a pressure on the judiciary and the state as a whole.

"If according to the Constitution in Ukraine there is democracy, then there can be no other power. The participation of any foreign experts is a foreign power. And we can't support that. Power in Ukraine: legislative, executive, and judicial should be appointed exclusively by Ukrainians. We stand on it. If we start today with judges, we will be told that tomorrow - parliamentarians, the day after tomorrow - ministers, and then - and presidential candidates must go through the selection and voting of international experts. There is no such mechanism in the European Union. And despite the fact that we have enshrined our European vector in the Constitution, we can choose the best European standards and practices, if they really exist. But on the first day of the forum, we were not even strongly recommended, and almost obliged to do so. It seems that there is pressure on our state. And we, Ukrainians, cannot allow pressure on our state", - Lydia Izovitova stated.

It must be recalled that in December 2020, UNBA informed the Pravo-Justice Project about the facts of violation of attorneys' rights by the SACC judges. During 2020, the Council of Advocates of Ukraine repeatedly considered appeals of attorneys about violations of their rights and guarantees of advocacy by judges of the SACC. Based on these appeals, the BCU made 6 decisions, which drew attention to the inadmissibility of such violations, provided a detailed legal justification for each case of such violations and provided recommendations for their immediate elimination.

BCU has sent more than 40 official appeals to international institutions and international professional organizations to implement these decisions. Copies of all documents translated into English were also sent to the office of the European expert project.

You can watch the first day of the All-Ukrainian Forum "Ukraine 30. Development of Justice" here.