Delegation from the Ukrainian Ministry of Justice attends HCCA working conference in Wustrau and Berlin

The German experts with the Ukrainian delegation in Wustrau
The German experts with the Ukrainian delegation in Wustrau
Ukraine

From 14 to 19 May 2018, a delegation from the Ministry of Justice for Ukraine was invited by the IRZ to attend a working conference on the implementation of the Hague Convention on the Civil Aspects of International Child Abduction (HCCA) in Wustrau and Berlin.

Following on from the conference led by the IRZ last year on the “HCCA and Mediation”, this event focussed on the necessary changes to national Ukrainian legislation in connection with the implementation of the HCCA.

The delegation was made up of the head of the department responsible for international agreements, Tamara Andriieva, the responsible section head, Olha Zozulia, and other representatives from the Ukrainian Ministry of Justice. The Ministry for Social Affairs and other authorities affected by the implementation of the HCCA, such as the National Border Service, the legal service of the Supreme Court and the National Police, were also involved.

From the German side, the German Federal Ministry of Justice and Consumer Protection (BMJV) was represented by Simon Trost and the German Federal Office of Justice, the main authority responsible for the HCCA, was represented by Christian Höhn. The liaison magistrate for the HCCA, Martina Erb-Klünemann, a judge at the Local Court of Hamm, also attended the conference.

The event offered an opportunity for participants to discuss the proposed changes set out in the draft agreement. Following on from the expert discussions with their German colleagues, who reported on the German experience of implementing the HCCA and on the relevant legal regulations, the members of the delegation devoted themselves to working in more depth on their draft texts.

To round off the working week, further concluding talks were held at the BMJV, attended by two heads of division, Senior Government Official Dr. Nicola Wenzel and Chief of Department, Dr. Matthias Heger.

In the past, this German-Ukrainian meeting has led to definitive practical progress in the settlement of child abduction cases in accordance with the HCCA, offering the potential for a direct exchange of expertise between the authorities and people concerned. The work on the changes to legislation should make a further contribution to the effective implementation of the HCCA in Ukraine.

Ukraine

IRZ supplementary study course on an introduction to German law brought to a successful conclusion for the eighth time

During the awarding of certificates in Lviv: Wolfgang Bindseil (middle, at the back), German Embassy, and the best student of the year, Anastasia Kotliarchu (middle, at the front)
During the awarding of certificates in Lviv: Wolfgang Bindseil (middle, at the back), German Embassy, and the best student of the year, Anastasia Kotliarchu (middle, at the front)
Ukraine

On 15 May 2018, the IRZ brought the study course it had initiated on an introduction to German law with European references to a successful conclusion for the eighth time. The IRZ has been running this course at the Ivan Franko University of Lviv in Ukraine since 2009/2010.

Successful graduates were awarded their certificates at a ceremony attended by the permanent representative of the German Embassy in Ukraine, Wolfgang Bindseil.

The introductory lectures in the 2017/2018 academic year covered the following areas of the law:

  • constitutional law,
  • administrative law and administrative procedure law,
  • constitutional court law,
  • civil law and civil procedure law,
  • criminal law and criminal procedure law and
  • company and commercial law.

The lectures for this course take place in the German language. The lecturers come from German universities and from the professional field. Written tests are held at the end of the course of lectures. As has been the case every year, all the successful graduates were once again this year invited to attend the “IRZ Summer School on German Law”, which will take place in Bonn in July. The graduate with the best results, Anastasia Kotliarchuk, also receives a scholarship from the IRZ for a study visit to a German university.

Delegation of the Ukrainian High Judicial Qualifications Commission visits Munich for expert talks

The Ukrainian Delegation with Beate Schmidt (mid-left), President of the Federal Patent Court, Dr. Stefan Hülshörster (second from right), Managing Director of the IRZ, and Dr. Nikolaus von Hartz (right), Judge at the Federal Patent Court.
The Ukrainian Delegation with Beate Schmidt (mid-left), President of the Federal Patent Court, Dr. Stefan Hülshörster (second from right), Managing Director of the IRZ, and Dr. Nikolaus von Hartz (right), Judge at the Federal Patent Court.

From 11 to 14 December 2017 a delegation of the High Judicial Qualification Commission (HRQA) of Ukraine held expert talks in Munich.

Ukraine is currently undergoing a judicial reform in the course of constitutional changes. Within this reform it is planned to establish an independent Supreme Court for intellectual property issues. The HRQA is currently dealing intensively with determining the criteria for the qualification and selection of future judges for the court. This applies in particular for the so-called technical judges who have undergone scientific-technical training.

Since the IRZ tries to support the Ukrainian judicial reforms in many ways with expert recommendations and advice, advice regarding the establishment of such a new court fits into the IRZ’s consultation concept.

First, the Ukrainian experts gathered information about the foundations of selecting judges for the German judicial system in two talks complementing each other. They met with Andrea Titz, Director of the Local Court of Wolfratshausen and Chairwoman of the Bavarian Association of Judges, and Lore Sprickmann Kererinck, Presiding Judge at the Higher Regional Court of Munich, Deputy Chairwoman of the Bavarian Association of Judges and Deputy Chairwoman of the Board of the German Association of Judges.

After the President of the Regional Court of Munich, Dr. Hans-Joachim Heßler, had welcomed the Ukrainian guests, Dr. Martin Ebner-Vittinghoff, Judge at the Regional Court of Munich, explained the specifics of the infringement procedures before courts of general jurisdiction.

There were further expert talks with Marielle Piana at the European Patent Office, in which the efforts setting up a European Patent Court were also discussed.

In a comprehensive and intensive discussion round with the President of the Federal Patent Court, Beate Schmidt, and Dr. Nikolaus von Hartz, Judge at the Federal Patent Court, the issues of revocation proceedings and in particular the qualification and selection of patent judges were discussed. Later, the participants had the opportunity to participate in a court hearing of the VI Senate.