Expert reports and recommendations

Expert Report “How Transitional Justice Can Help Peace in Ukraine?”

In June-July 2021, the USAID New Justice Program in partnership with the USAID Human Rights in Action Program (being implemented by the Ukrainian Helsinki Human Rights Union) and International Center for Transitional Justice conducted a series of webinars for Ukrainian stakeholders to raise their awareness on: (1) peculiarities of criminal proceedings involving participation in an armed conflict, (2) gender sensitive approaches in state policy on transitional justice and the role of civil society organizations in advocacy, and (3) transitional justice concepts for community-based activities on dialog building during ongoing conflict. As a results of the webinars, numerous observations and conclusions were developed and presented in this report.

Roadmap for the SJA in Instituting the Traditional Jury Trial Model in Ukraine

In view of the recent legislative efforts to implement a traditional jury trial model in Ukraine, this initiative seeks to improve the process by which jury lists are assembled and to develop a sound, more comprehensive framework in which jurors participate in the justice process for those cases appropriate for jury trials. Those discussions draw on the conventional practices of other nation states that employ a jury trial model as a part of their criminal and civil procedure.

Expanding and Strengthening Legal Clinical Education in Ukraine

This report continues Leah Wortham, J.D., Legal Clinical Education Expert, report of June 2017 on the role of standards, best practice, and monitoring in building strong clinical legal education programs as focusing on the integration of clinical education courses in the Ukrainian law school curriculum.

Expert Report on Results of Developing a Training Course for Judges on Caseflow Management

This report together with the caseflow management model curriculum and associated materials of the Supreme Court was prepared by a sole subject matter expert from the United States pursuant to the heretofore objectives of the USAID Nove Pravosuddya Justice Sector Reform Program (New Justice) in Ukraine.

Impact Evaluation Following the Independent, External, On-Site Assessments of Legal Education Quality at Four Ukrainian Law Schools Law

This report was prepared to document the results and recommendations of an extensive impact evaluation following the Independent, External, On-site assessments of legal education quality at four Ukrainian law schools: Ivan Franko L’viv National University School of Law; the Yuriy Fedkovych Chernivtsi National University School of Law; the National University “Odesa Law Academy”; and the Yaroslav Mudryi National Law University.

The purpose of the project was to determine what impacts these assessments had on the quality of legal education at these four institutions in particular and on higher legal education in Ukraine in general. The original Independent, External, On-site Assessment Methodology was developed by experts in 2014 and improved and updated in 2017. The External Assessment Methodology used the Standards and Guidelines for Quality Assurance in the European Higher Education Area, adapted to law faculties, as the basis for the standards used in the assessment. The Methodology also identified five key stakeholder groups who were involved in the assessment process: administration, faculty, students, alumni, and legal employers.

Using a variety of methods an independent external expert team assessed the four schools involved between 2015-2017. A report was prepared for each faculty that included key findings and recommendations and these reports were presented to the four faculties and discussed with them.

Article 375 of the Criminal Code of Ukraine. Realities and Prospects of Application

Retired Ukrainian judge Volodymyr Korenyak carefully analyzed law enforcement practices on the application of Articles 375 and 376 of the Criminal Code of Ukraine and developed recommendations to amend the law to prevent manipulation and unlawful pressure on judges, as well as to strengthen the independence of judges.

Comprehensive Analyses of Current Context, Barriers and Opportunities for Developing Mediation with Recommendations How to Promote and Implement Mediation in Ukraine

Comprehensive Analysis of Current Context, Barriers and Opportunities for Developing Mediation in Ukraine and Recommendation on How to Promote Mediation in Ukraine (prepared by New Justice ADR expert Mr. Ales Zalar)

Legal, political and cultural context of Ukraine requires a clear regulatory framework for mediation to be adopted as a pre-condition for faster mediation development. Expert believes that so called justice model of mediation which views mediation as an extension of the service of courts, is more appropriate for the infancy stage of mediation development in Ukraine than the marketplace model. Recommended policy approach should be tested first at selected courts as laboratories for judicial reforms. These tests should take a form of pilot court-annexed mediation schemes. Based on performance evaluations of pilot court-annexed mediation schemes the next stage of mediation development should be planned, aimed at mandating all the civil and commercial courts of Ukraine to adopt and implement appropriate court-related mediation schemes. This Report highlights also mediation models and their key features as being developed and implemented in five selected European countries: Slovenia, United Kingdom, Italy, Germany and Finland.

Report on the 14th Conference of the International Association for Court Administration in Nur-Sultan, Kazakhstan on September 17-18, 2019

The USAID New Justice Program supported participation of the Ukrainian delegation including two judges of the High Anti-Corruption Court, chiefs of staff from trial courts and court of appeals, as well as a local faculty member of the Rule of Law Certificate Program in the International Association of Court Administration Annual Conference (IACA Conference) in Nur-Sultan, Kazakhstan on September 17-18, 2019.

During the IACA Conference, the Ukrainian delegation has been exposed to a wide range of practical tools through engaging an international community of expertise, gaining practical knowledge focused on devising solutions to common challenges, utilizing already-developed tools, gaining exposure to new methodologies, and accessing best practices that can be applied in Ukraine.

The report includes summaries of the Conference’s sessions, lessons learned and best practices that can be applied in Ukraine, and conclusions.

Report on Conference of Court Public Information Officers in Cleveland, Ohio, U.S. on August 5-7, 2019

The USAID New Justice Program supported the participation of Ukrainian delegation consisting of press-judges and court press-officers in the Annual Meeting of the Conference of Court Public Information Officers that took place in Cleveland, Ohio, U.S. from August 5 to 7, 2019. This event was hosted by the Conference of Court Public Information Officers (CCPIO), which is the professional organization dedicated to the role of court communicators in the United States and worldwide.

The report includes summaries of the conference sessions, lessons learned and best practices that can be applied in Ukraine, and conclusions. Annex A presents an action plan for sharing results of the conference with a broad range of Ukrainian stakeholders and promoting greater transparency of courts through more effective, human-centered court communications.

Report on the Adherence of the Rules of Conduct for UNBA Members to the European Standards

Leah Wortham, J.D., Professional Responsibility and Bar Expert, Professor Emerita of Law, Columbus School of Law, The Catholic University of America (CUA), Washington, D.C., conducted the review and assessment of the Rules of Conduct for the Bar Members of the Ukrainian National Bar Association (approved by the Reporting and Elective Congress of Attorneys of Ukraine on June 9, 2017.) on the adherence to the European standards, specifically to the Council of Bars & Law Societies of Europe (CCBE) Charter of Core Principles and Code of Conduct.

Report on an Investigational Procedure for Honor Violations

The Report on an Investigational Procedure for Honor Violations gives a framework on how a law school might investigate student conduct violations. From the designation of investigation members to the witness interviews, this report meticulously breaks down each component of a successful investigation. Example cases and outcomes are provided near the end, outlining for the reader different factor that should be considered when sentencing the accused.

Assessment Study: Potential Online Dispute Resolution Initiatives in Ukraine

Shannon Salter, Chair, British Columbia Civil Resolution Tribunal (CRT)

In September 2017, the USAID New Justice Program in Ukraine (New Justice) organized an Online Dispute Resolution (ODR) conference bringing together international ODR experts and Ukrainian judges, court administrators, lawyers, mediators, law students, and others. One of the conference recommendations was to incorporate ODR into the Ukrainian public justice system. To further this recommendation, New Justice engaged the author, on a pro bono basis, to work as part of an assessment team to evaluate the potential for implementing a court-annexed ODR initiative in the Odessa or Lviv regions of Ukraine.