Postwar Elections: Challenges of Organizing Discussed in Ostroh
The VII International Scientific and Practical Conference «Administrative Justice in Ukraine: Problems of Theory and Practice. Judicial Protection of Political and Civil Rights and Freedoms in the Pre-War, Wartime and Post-War Periods».
The event was attended by Alla Basalaeva, Chairman of the UNBA Committee on Electoral Law.
The conference, which took place on July 4-5, was organized on the occasion of the Days of Administrative Justice by the Cassation Administrative Court of the Supreme Court of Ukraine in cooperation with the Council of Europe projects «Support to the Judiciary in Ukraine in the Context of War and Post-War Period», «Strengthening Judicial and Non-Judicial Remedies for the Protection of the Rights of Victims of War in Ukraine», «Support to Democratic Post-War Elections in Ukraine», «Strengthening Social Protection in Ukraine», and the OSCE project «Support to the Supreme Court and Higher Courts in Implementing Judicial Reform and Ensuring Access to Justice» in «Ostroh Academy».
Judges, scholars, practicing lawyers, representatives of state authorities and local self-government, as well as representatives of foreign countries and international organizations discussed the issues of consideration by administrative courts of cases on protection of political and civil rights and freedoms under a special legal regime, the rights to freedom of association, peaceful public assembly; transitional justice in post-conflict states on protection and restriction of political and civil rights, prospects for the application of the adopted approaches by administrative courts in the post-conflict states.
Speaking at the session «Prerequisites and Challenges in Organizing and Conducting Elections in the Post-War Period», A. Basalaeva outlined the practice and problems of applying the mandate. In particular, she focused on the issues of early termination of powers of local council members at the initiative of the local organization of the party that nominated them and the relevant court practice.
The Chairman of the UNBA Committee noted that, taking into account the practical experience of applying the procedure for recalling local council deputies in connection with the initiative of the local party organization, two main problematic issues can be identified. They relate to the determination of the moment of termination of powers of a local council deputy in this case and the absence of a legislative mechanism for restoring the status of a deputy, as well as the grounds for further loss of status by another deputy in case of court reversal of the decision of the supreme governing body of the party to recall a deputy on the people's initiative. Of course, the latter issue cannot be resolved without amending the Code of Administrative Procedure so that judges apply the provisions on the possibility of extending jurisdiction to legal relations on the decision of the supreme governing body of the party to recall a local council member in the same way.
The materials of the event are available by the link.
Popular news
Legislation
UNBA initiatives to implement the Roadmap were supported by international experts
International experts who participated in the inaugural meeting of the Working Group on the implementation of the Roadmap on the rule of law in advocacy and agreed to join it expressed their support for the initiative of the Ukrainian National Bar Association.
Legislation
How will the group responsible for implementing the Roadmap for advocacy operate?
The working group on the implementation of the Roadmap on the rule of law in the area of advocacy will operate at several levels: plenary meetings as a platform for adopting framework decisions, a coordination bureau for compiling documents and calendar control, and thematic subgroups for preparing norms and their justification. International experts will verify the results against European standards and «red lines».
Legislation
Advocacy is a responsible entity, not a critic of reform — V. Gvozdiy
The Roadmap on the Rule of Law is not a basis for restructuring the model of advocacy, but a framework for verifying and improving the already European-oriented system. At the same time, part of the work has already been done, so further progress should be made in the form of coordinated and practical decisions.
Legislation
Vatras on the implementation of the Roadmap: only advocates should create their own destiny
Work on implementing the Roadmap in relation to advocacy should be based on the participation of the professional community itself, and key tasks should be structured in such a way as to avoid mixing processes that differ in content and procedure.
Legislation
Lidiya Izovitova outlined the approach to implementing the Roadmap for advocacy
The general approach to working on the implementation of the Roadmap on the Rule of Law in terms of reforming advocacy should not be based on «slogans», but rather on gathering facts, comparing them with standards, consulting with the professional community, and formulating norms for which participants are prepared to take responsibility.
Legislation
Roadmap and advocacy: working group holds first meeting
On January 2, the first organizational meeting of the Working Group on the implementation of the Roadmap on the rule of law in the area of advocacy reform took place. The event was devoted to agreeing on the framework for further work and exchanging the initial positions of the participants.
Self-government
BCU: NACP initiatives regarding the Bar are unconstitutional interference
The Bar Council of Ukraine has condemned the initiatives to reform the Bar proposed by the National Agency on Corruption Prevention as direct, gross and systematic interference by the executive branch in the activities of an independent constitutional institution.
Self-government
UNBA program for implementation of the Roadmap on the rule of law published
In order to ensure the implementation of measures set out in the Roadmap on the Rule of Law, the Bar Council of Ukraine approved a program for its implementation in relation to the reform of advocacy.
Publications
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
Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine
Oleksandr DULSKY When we cross the border of the Supreme Anti-Corruption Court, we get into another department of the National Anti-Corruption…