Ukraine – annual report 2020

Online lecture on civil law as part of the German-language supplementary studies as an introduction to German law at the Ivan Franko National University of Lviv; top left: Dr Silvia Deuring, Ludwig Maximilian University of Munich
Online lecture on civil law as part of the German-language supplementary studies as an introduction to German law at the Ivan Franko National University of Lviv; top left: Dr Silvia Deuring, Ludwig Maximilian University of Munich

Strategic Framework

Legal Policy Starting Point

The issue of conflict resolution in the east of the country remains on the political agenda in Ukraine. Important reform projects, especially with regard to legal and judicial reforms as well as effective lawmaking policy to combat corruption, application of the law and case-law, must be advanced and implemented at the same time. Among other things, these reforms might increase the chances of foreign investments in Ukraine. However, the Constitutional Court has declared some of the judicial reforms and reform ideas for policy to combat corruption unconstitutional. The Land Market Act urged by the International Monetary Fund (IMF) was adopted; the first reading of the long-awaited Administrative Procedure Act and the Mediation Act has also passed parliament. Furthermore, the Ministry of Justice plans extensive reforms in the penitentiary system. IRZ has provided advice on all of these projects, in some cases over a period of many years.

Overall Concept

Cooperation with Ukraine during the reporting year 2020 was financed exclusively with grants from the Federal Ministry of Justice and Consumer Protection. Not everything went according to plan due to the pandemic, although most events were held in an online format. Cooperation prioritised the professional exchange of experience and the further training of judges, especially in administrative court jurisdiction and ordinary general jurisdiction with references to constitutional court jurisdiction. Furthermore, IRZ again provided expert advice on the Administrative Procedure Act and the Mediation Act as well as on reform of the penitentiary system – the latter in connection with implementing the Joint Declaration on Cooperation between the Federal Ministry of Justice and Consumer Protection and the Ukrainian Ministry of Justice. The issue of e-justice was addressed together with the State Judicial Administration of Ukraine. Cooperation with the legal profession and notaries was continued together with the German Federal Bar and the Federal Chamber of Notaries, with a focus on combating money laundering as well as disciplinary law for notaries. IRZ believes that the supplementary studies established at the Ivan Franko National University of Lviv with an introduction to German law with European references is of particular, ground-breaking significance with regard to the promotion of young lawyers. The guest lectures were held under difficult conditions in 2020, and some of them were virtual.

Focus of Activity in 2020

Constitutional Law, Human Rights and their Enforceability

  • Online talk on the topic of transitional justice using the example of the vetting of former GDR judges
  • Multilateral online conference with the Constitutional Court of Ukraine
  • Expert opinion on the safeguarding of a subsistence minimum in Germany under constitutional law

Civil and Commercial Law

  • Expert paper on court jurisdiction for land law disputes in Ukraine
  • Written dissemination of information on consumer protection by the Federal Ministry of Justice and Consumer Protection

Public Law

  • Ongoing advice to the Administrative Cassation Court at the Supreme Court of Ukraine by the Higher Administrative Court of Rhineland-Palatinate
  • Online expert talk on consent decrees in administrative proceedings
  • Online conference marking the 15th anniversary of the adoption of the Ukrainian Code of Administrative Court Procedure
  • International online workshop on how decisions of the Constitutional Court impact administrative court jurisdiction
  • Contribution to the “IIIrd Conference of Ukrainian administrative court jurisdiction” on the protection of social rights

Administration of Justice

  • Online expert talk on the role of lawyers in mediation
  • Online expert talk on mediation in construction law
  • Advice on Ukrainian notary law in the form of online talks and written statements
  • Expert opinion on the draft Mediation Act
  • Online conference on e-justice and the special electronic mailbox for lawyers
  • Online expert talk and exchange of experience on e-justice with the State Judicial Administration of Ukraine
  • Online expert talk between the Oldenburg Higher Regional Court and the Kiev Court of Appeal
  • Expert opinion on “Court-appointed experts” for the Ukrainian Ministry of Justice
  • Expert paper on the selection of judges, promotion of judges and integrity checks on judges for the Supreme Council of Justice of Ukraine

Criminal and Penitentiary Law

  • Statements and online expert talks on the Ukrainian reform of the penitentiary system
  • Online expert talk on how notaries’ offices can combat money laundering
  • Online conference on how lawyers can combat money laundering

Basic and Further Training 

  • Supplementary studies as an introduction to German law at the Ivan Franko National University of Lviv (online formats from autumn 2020)

Outlook

IRZ will continue to support the aforementioned reforms in the justice sector and efforts to combat corruption. The exchange of experience between judges will also continue. Depending on progress on legislative procedure, IRZ will continue to advise Ukrainian partners on the drafts of the Administrative Procedure Act and the Mediation Act or on their implementation. IRZ will also continue to accompany the penitentiary system reform together with its current cooperation partners. In addition, the now eleventh IRZ supplementary studies on German law will be continued at the Ivan Franko National University of Lviv.