Expert reports and recommendations

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.

EXPANDING AND STRENGTHENING LEGAL CLINICAL EDUCATION IN UKRAINE

Leah Wortham, J.D., Legal Clinical Education Expert, Columbus School of Law, The Catholic University of America (CUA), Washington, D.C., conducted an assessment of relevant international and European good practices concerning teaching a Legal Clinical Education course for law students with respective recommendations on how to implement them in Ukraine. This report contains examples of the U.S. Clinical Course, syllabus, students’ manual and other helpful resources.

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.

REPORT PRESENTS THE RESULTS OF THE ANALYSIS OF THE NORMATIVE FRAMEWORK FOR CORRUPTION PREVENTION IN THE JUSTICE SYSTEM IN UKRAINE

This Report presents the results of the analysis of the legal and regulatory framework in the field of prevention and combatting corruption in the judiciary of Ukraine, highlights the gaps and contradictions in legal provisions, as well as provides recommendations for their improvement.

MANAGING CONFLICT OF INTEREST IN THE UKRAINIAN JUDICIARY

This Report reviews the entire chain of managing conflict of interest, starting with the definition of limits, procedures for managing conflict of interest, mechanisms of oversight (including complaints), and sanctions. It analyses the current framework from a regulatory perspective and by assessing the actual capacities of oversight bodies in preventing and detecting a conflict of interest. The focus of this assessment is on judges and on their judicial decisions, given that judicial decisions are the key function of the judiciary and only judges are responsible for them. In addition, the Report outlines conflict of interest aspects of lay judges and jurors, and of judicial secretaries.

RESPECT FOR HUMAN RIGHTS DURING THE ARMED CONFLICT IN UKRAINE. JUDICIAL APPLICATION OF INTERNATIONAL HUMANITARIAN LAW AND HUMAN RIGHTS LAW

Mykola Granovsky, Associate Professor of the International Law at Taras Shevchenko National University of Kyiv, analyzed international humanitarian law application by national courts while considering cases related to conflict.

A Role for Regulations, Standards, Best Practices, and Monitoring in Enhancing Quality in Clinical Legal Education Programs

This report provides an assessment of the current state of legal clinical education in Ukraine through analysis of the existing regulations and standards governing legal clinics in comparison with the respective U.S. docuements and best practices. It also analyzes the role of the Association of Legal Clinics of Ukraine in promoting high quality legal clinical education.