Ukraine – annual report 2022

Details
Published: September 4, 2023
Ukrainian participants at the German-Ukrainian online expert talk on constitutional law on 3 and 4 November 2022; Professor Serhiy Holovaty, Acting Chief Justice of the Constitutional Court of Ukraine (4th from the left; photo: Constitutional Court of Ukraine).
Ukrainian participants at the German-Ukrainian online expert talk on constitutional law on 3 and 4 November 2022; Professor Serhiy Holovaty, Acting Chief Justice of the Constitutional Court of Ukraine (4th from the left; photo: Constitutional Court of Ukraine).

Strategic Framework

The fate of Ukraine has changed dramatically since Russia unleashed its war of aggression in contravention of international law on 24 February 2022. The first Ukrainian partner institutions made contact with IRZ shortly after the start of the war, requesting that the proven cooperation should continue. Numerous advisory measures have therefore been implemented in the reporting year, despite the difficult circumstances.

Legal Policy Starting Point

Ukraine submitted its EU accession application to the European Council on 28 February 2022, just a few days after the war began. The Council granted EU accession candidate status on 23 June 2022. Important steps in the course of the upcoming EU legal harmonisation process will include, among other things, reform of the selection procedure for constitutional judges as well as continued reform of the High Council of Justice and the High Qualification Commission of Judges. The latter is particularly urgent so that recruitments to the over 2,500 vacant judges’ positions can continue.

Policy to combat corruption will remain a cornerstone of the reform efforts. A new director of the Anti-Corruption Prosecutor’s Office was appointed in the reporting year after a prolonged period of vacancy, the appointment of a new head of the National Anti-Corruption Bureau followed in March 2023. The president signed Ukraine’s long-awaited Administrative Procedure Act in mid-June 2022, which was adopted on 17 February 2022 and will enter into force on 15 December 2023. Reforms of the Ukrainian Civil Code have continued unabated, despite the war.

Overall Concept

Despite the war, IRZ drew on its experience with virtual formats to continue the consultations during the reporting year, which were financed exclusively by grants from the Federal Ministry of Justice. Expert talks with the Parliamentary Working Group on reforms of the Civil Code of Ukraine were among the priorities. The professional exchange with the administrative courts remains intensive and now includes consultations on the implementation of the Administrative Procedure Act, which is an important aspect in policy to combat corruption as well. IRZ was able to conduct the first further training event for judges of the High Anti-Corruption Court just one day before the start of the war.

An updated work programme on the Joint Declaration of the Federal Ministry of Justice and the Ministry of Justice of Ukraine was signed by Federal Minister of Justice Dr Marco Buschmann and the Ukrainian Minister of Justice Denis Malyuska towards the end of the reporting year, which, among other things, provides for cooperation on EU legal harmonisation.

IRZ also continued the court partnerships between the Kyiv Court of Appeal and the Oldenburg Higher Regional Court, as well as between the Lviv Administrative Court of Appeal and the Lower Saxony Higher Administrative Court in Lüneburg.

Focus of Activity in 2022

Constitutional Law, Human Rights and their Enforceability

  • Participation in the expert conference of the Constitutional Court of Ukraine on its role on the road to Ukraine’s EU membership
  • Online expert talk with the Constitutional Court of Ukraine on the enforcement of constitutional court decisions and the selection procedure for constitutional judges, among other things

Civil and Commercial Law

  • Review of the conception of the reform of the Civil Code of Ukraine
  • Online round table discussion I on reform of the Civil Code of Ukraine (objects of civil law)
  • Online round table discussion II on reform of the Civil Code of Ukraine (legal entities)
  • Online round table discussion III on reform of the Civil Code of Ukraine (legal transactions and contracts)

Public Law

  • Participation in the “Vth Days of Ukrainian Administrative Court Jurisdiction” with the Administrative Cassation Court within the Supreme Court (on tax disputes)
  • Online expert talk with the Administrative Cassation Court within the Supreme Court on the topic of “Administrative court jurisdiction in special circumstances such as wars or pandemics”
  • Participation in the online conference with the Administrative Cassation Court within the Supreme Court on “The role of administrative court jurisdiction in the protection of fundamental rights under wartime conditions”
  • Participation in two hybrid further training courses in Lviv and Vinnytsa for Ukrainian administrative judges on the implementation of the Administrative Procedure Act of Ukraine
  • Online expert talk between the Lviv Administrative Court of Appeal and the Lower Saxony Higher Administrative Court

Administration of Justice

  • Participation by the president of the Kyiv Court of Appeal in the “VII Conference of Presidents of the Higher Regional Courts of the ­European Union” in Innsbruck
  • Online expert talk between the Kyiv Court of Appeal and the Oldenburg Higher Regional Court
  • Participation in the online conference of the National School of Judges of Ukraine concerning the further training system for judges

Criminal and Penitentiary Law

  • Participation in multilateral further training of judges at the National School of Judges for the High Anti-Corruption Court of Ukraine

Basic and Further Training

  • Research stay in Munich (LMU) by a graduate of supplementary studies of German law at the National Ivan Franko University of Lviv

Outlook

It can only be hoped that the war on Ukraine will end as soon as possible. In view of the EU accession candidate status granted to Ukraine, EU legal harmonisation will be the focus of consultations going forward. Furthermore, the function of the Constitutional Court as an independent guarantor of fundamental rights and the rule of law will be strengthened. Policy to combat corruption will be another important priority. IRZ will continue to support the institutions that are relevant to these efforts. Another priority in the cooperation will be implementation of the Administrative Procedure Act, which was passed during the reporting year and will enter into force at the end of 2023. IRZ will continue its consultations on reform of the Civil Code of Ukraine. This will improve the conditions for a positive investment climate in the long term, which will be a very important factor for reconstruction.

Please find the Annual Report 2022 here: Media centre – Annual reports.