Права Людини в Україні. Інформаційний портал Харківської правозахисної групи
версія для друку
The right to a fair trial

Conference “Problems of the court reform. Access to justice”


On 9 December 2005 the conference “Problems of the court reform. Access to justice” was held in one of the rooms of the Committees of the Supreme Council of Ukraine. Oleksandr Volkov, the Head of the Council of judges of Ukraine, Inna Emelyanova and Mykola Shupenia, deputies of the Minister of Justice, Olga Bulka, a deputy of the Head of the State judicial administration of Ukraine, Tetiana Zhayvoronok, the Head of the Council of judges of Kyiv, as well as scientists, lawyers and judges from all regions of Ukraine, took part in this conference. The conference was organized by the all-Ukrainian public organization “Foundation of contribution to justice”. Taking into account the fact that court reform in Ukraine demands permanent analysis and discussion by the leading professionals, the speeches delivered at the conference concerned the questions of judges’ staff, European standards of access to justice, disciplinary responsibility of judges, problem of non-execution of court decisions in Ukraine, expediency of introduction of jury in Ukraine and the ways of solution of these problems.

A number of law drafts were presented for discussion. The attention of the participants was attracted by the law draft “On the access to court decisions”, submitted by MP of Ukraine Vasyl Onopenko. According to this draft, the obligation is placed on judicial administration to keep the United State Register of court decisions, which must be opened for all citizens of Ukraine. Besides, the participants of the conference considered the draft of the Law of Ukraine “On introduction of changes into the Code of administrative proceedings of Ukraine” (concerning the establishment of basic principles), which was presented by people’s deputies M. Dobkin and O. Karatumanov, the law draft “On introduction of changes into the Law of Ukraine “On judicial system” (concerning the improvement of judicial system of Ukraine), presented by MPs V. Onopenko and V. Musiyaka, and the draft of the Law “On suspension of legal relationships following from the provisions of the Law of Ukraine that are appealed in the Constitutional Court of Ukraine as unconstitutional and violating human rights”.

The participants’ attention was also drawn to the appeal of the Council of judges of Ukraine to the President of Ukraine, the Head of the Supreme Council of Ukraine and the Prime Minister of Ukraine of 2 December 2005 on the increase of the level of respect to the judicial power in the Ukrainian society.

As a result, the conference approved the Recommendations on introduction of changes into the operating laws of Ukraine. In the opinion of the participants, first of all the amendments to the Law of Ukraine “On judicial system” should be adopted. These changes should envisage the order of the activities of qualifying judges’ commissions, anonymous testing of the pretenders to judge’s post, procedure of additional assignment of judges on the competitive basis, etc. It is also necessary to adopt, as soon as possible, the Law of Ukraine “On court fee”; the Foundation is going to start the elaboration of this draft in the nearest future. Recommendation has been given to the Supreme Council to elaborate and approve the Conception of reforming of the pre-trial investigation, as well as the Conception of national complex system of training, retraining and raising the skill of judges and personnel of state judicial administration. For guaranteeing of proper financial provision of courts it is necessary, the Recommendations read, to create the detailed list of budget programs.

Every day the interest to the judicial system increases in Ukraine both on the side of representatives of power and on the side of the society. State officials, people’s deputies and judges more than once insisted on the necessity of changing of the judicial system. Conduction of such conferences, which make possible the wide discussion of the existing problems of our judicial system, promotes the conduction of court reform in Ukraine.

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