Research and Reports

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.

CORRUPTION RISKS IN RECENT REFORMS TO THE UKRAINIAN JUDICIARY

The primary objective of this study is to assess the effectiveness of the 2016 judicial reforms in Ukraine in promoting integrity and in preventing and tackling corrupt conduct within the judiciary. To do this, the study identifies corruption risks in nine (9) areas of the judiciary that may lead to judicial corruption and other misconduct, and threaten the integrity and effectiveness of the judiciary in Ukraine.

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.

Survey of Opinion of Ukrainian Judges on Judicial Reform (presentation)

This presentation provides summarized results of the survey of judges regarding the judicial reform in Ukraine and implementation of laws of Ukraine “On the Restoration of Trust in the Judiciary”, “On Purification of Government” and “On Ensuring the Right to Fair Trial”, in particular, gender balance, age structure and professional experience of judges are analyzed, conditions of work are characterized. Considerable attention is paid to the topic of the judicial reform in Ukraine in the part of judicial perception of the conditions of work, attitude to vetting and lustration procedures as well as novelties of the legislation on the judiciary.

Survey of Opinion of Ukrainian Judges on Judicial Reform (Summary)

This document provides summarized results of the survey of judges regarding the judicial reform in Ukraine and implementation of laws of Ukraine “On the Restoration of Trust in the Judiciary”, “On Purification of Government” and “On Ensuring the Right to Fair Trial”, in particular, gender balance, age structure and professional experience of judges are analyzed, conditions of work are characterized. Considerable attention is paid to the topic of the judicial reform in Ukraine in the part of judicial perception of the conditions of work, attitude to vetting and lustration procedures as well as novelties of the legislation on the judiciary. On the basis of the results of the survey summarized conclusions and recommendations are made.

Second National Public Opinion Survey on Democratic Development, Judicial Reform and the Purification of Government

Presentation includes results of the second National Public Opinion Survey on Democratic Development, Judicial Reform and the Purification of Government. USAID FAIR Justice Project and GfK Ukraine conducted this survey in May and June 2016 to measure public opinion regarding the level satisfaction with the government’s response to public demands following the Revolution of Dignity, general trends in the level of trust in government and the judiciary, as well as the level of awareness and support for processes related to the lustration and vetting of public officials and judges.

Summary of the National Public Opinion Survey on Democratic, Economic and Judicial Reforms, including Implementation of the Law on the Purification of Government

This document presents summarized results of the 2016 public opinion poll as well as the comparative analysis with the 2015 survey data in the following areas: regarding the public perception of political and socio-economic processes, in particular, the level of awareness of Ukrainian citizens, their understanding of the essence and content of the purification of government process, and perception of the categories of officials subject to lustration. Considerable attention was devoted to implementing the process of purification of the judiciary, social and socio-demographic evaluation of respondents groups was provided dependent on respondents’ position in perceiving lustration. Based on the survey results the conclusions and recommendations were developed.

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.

Assessment Report with Recommendations for Strengthening Legal Education Quality following the Independent, External, On-site Assessment of Legal Education Quality at Odesa Law Academy School of Advocacy

This is the Assessment Report with Recommendations for Strengthening Legal Education Quality following the Independent, External, On-site Assessment of Legal Education Quality at Odesa Law Academy School of Advocacy. New Justice’s team of two international and two local experts conducted the on-site assessment per the Odesa Law Academy administration’s request on March 13 – 17, 2017. New Justice publicly presented the Assessment Report to the Odesa Law Academy administrators, faculty, students, alumni and other stakeholders in Odesa on May 29, 2017.

Report on Establishing the Anti-Corruption Court in Ukraine: Key Issues to Solve and Recommendations Based on Slovak Experience

Pavol Zilincik reviewed the concept papers and draft law on establishment of the anti-corruption court in Ukraine in light of international standards and best practices, with special emphasis on the reflection of Slovak experience with the Specialized Criminal Court.