The delegation, headed by the Deputy Chief Public Prosecutor, Viktoriia Litvinova, with the Chief Public Prosecutor of Berlin, Margarete Koppers, the Senior Public Prosecutor Petra Leister and the Public Prosecutor Dr. Bastian Dorenburg.
Ukraine
Representatives of the Office of the Prosecutor General of Ukraine and the public prosecutor's offices of various Ukrainian regions visited Berlin from 14 to 18 October 2024 to exchange views with the German judiciary on juvenile crime, juvenile justice and the issue of ‘young people as victims of crime’.
Youth crime in Ukraine has increased significantly since Russia launched its war of aggression in February 2022, and the Ukrainian criminal code does not currently distinguish between children, young people or adults who break the law. Children and young people are also increasingly becoming victims of violence themselves.
The ten-member delegation held expert talks at the Federal Ministry of Justice on the topic of ‘Youth Crime and Youth Criminal Cases’, but also discussed the legal basis of out-of-court settlements, such as victim-offender mediation, and then exchanged views with the Berlin Public Prosecutor's Office about its role in juvenile criminal proceedings. There was also a lively comparative exchange on the legal bases of both countries and on how children and young people are treated in criminal proceedings.
A technical discussion with a juvenile court judge and a defence lawyer showed the scope of the two different roles in criminal proceedings, supplemented by the principle of juvenile court assistance, the tasks and the responsibilities towards young people.
In a further discussion, two female chief inspectors from the Berlin State Office of Criminal Investigation explained the various strategies for preventing child and youth crime in the German capital. Finally, the child protection and trauma outpatient clinics in Berlin and the Childhood House at the Charité were presented to the delegation at the Charité. Children and young people affected by violence are not only taken care of here, but also accommodated in secure premises. This means that they do not necessarily have to appear in court, which promotes child-friendly justice.
The working visit was preceded by a preparatory online event in August 2020, during which an IRZ training film showed an example of a juvenile criminal trial concerning the robbery of a vest.
The delegation was able to take away many ideas from the German juvenile court system. IRZ is planning to continue the cooperation in 2025.
Visit to the Council of the European Union in Brussels.
Ukraine
From 8 to 18 July 2024, IRZ organized the summer school “Introduction to German and EU Law”, which offered Ukrainian students from five universities the opportunity to gain in-depth insights into the German and European legal system. The participants came from Taras Shevchenko University in Kyiv, Mohyla Academy in Kyiv, Ivan Franko University in Lviv, Yaroslav Mudryi University in Kharkiv and I.I. Mechnikov University in Odessa.
The first module of the summer school took place in Bonn, where the students were given an intensive introduction to the German legal system. In a series of lectures, they learned the basics of German state and constitutional law, civil and civil procedural law, criminal and criminal procedural law as well as administrative law, administrative procedure and administrative procedural law. In addition to the lectures, they had the opportunity to gain practical experience by attending civil and criminal court sessions at Bonn Regional Court. They also explored the Faculty of Law and Political Science at the University of Bonn, giving them a comprehensive insight into the academic world of law.
In preparation for the second module of the summer school, the participants received a comprehensive introduction to European Union (EU) law and a detailed analysis of the impact of EU law on German national law. In addition, human rights protection within the framework of the Council of Europe was dealt with, with a particular focus on the European Convention on Human Rights.
The second module of the summer school took the participants to Strasbourg and Brussels, where they deepened their understanding of the European institutions and how they work. In Strasbourg, they were given an introduction to the work of the Council of Europe and visited the plenary chamber of the Parliamentary Assembly. They were also introduced to the HELP (Human Rights Education for Legal Professionals) program, which is specifically geared towards Ukraine.
The highlight of the summer school was a visit to the plenary session of the newly elected EU Parliament in Strasbourg. The students had the unique opportunity to follow the session from the public gallery and listen to the speeches of the candidates for the post of President of the Parliament.
This was followed in Brussels by a visit to the European Commission and presentations on the role of the European Commission as the EU's political executive and on Ukraine's accession prospects and long-term integration into the EU. The visit to the Council of the EU provided valuable insights into the legal framework for the Union's external relations and rounded off the program.
The summer school not only provided the Ukrainian students with useful academic knowledge, but also enabled them to learn first-hand about the functioning and structures of the most important European institutions, with a special focus on Ukraine.
(from right to left): Oleh Zaverukha, President of the Lviv Administrative Court of Appeal, Tetiana Drachuk, President of the Vinnytsa Administrative Court of Appeal, Prof Dr Lars Brocker, President of the Constitutional Court and of the Higher Administrative Court of Rhineland-Palatinate, Natalia Bohdaniuk, Deputy Head of Administration of the Supreme Court, Head of the Secretariat of the Administrative Cassation Court within the Supreme Court, Andrij Zahorodniuk, Judge at the Administrative Cassation Court within the Supreme Court, Johannes Göbel, Presidential Judge at the Higher Administrative Court of Rhineland-Palatinate, Wolfram Hertig, Senior Project Manager, IRZ.
Ukraine
The Rhineland-Palatinate Higher Administrative Court (OVG) once again created the framework for dialogue with the Ukrainian administrative judiciary this year and hosted the colloquium on current topics in administrative procedural law from 8-12 July 2024.
Andrij Zahorodniuk, Judge at the Administrative Court of Appeal of the Supreme Court, Oleh Zaverukha, President of the Administrative Court of Appeal in Lviv, Tetiana Drachuk, President of the Administrative Court of Appeal in Vinnytsa and the Deputy Administrative Director of the Supreme Court, Head of the Secretariat of the Administrative Court of Appeal of the Supreme Court, Natalia Bohdaniuk, travelled from Ukraine. The President of the Rhineland-Palatinate State Parliament, Hendrik Hering, received the delegation.
The war in Ukraine is causing considerable difficulties for the entire judiciary in the country, such as a lack of personnel, additional logistical and organisational problems and stagnating reforms. At the same time, the administrative judiciary has recorded a significant increase in the number of lawsuits due to the war.
Thanks to the dedicated initiative of the President of the Rhineland-Palatinate Higher Administrative Court (and President of the Rhineland-Palatinate Constitutional Court), Prof Dr Lars Brocker, a programme has now been created with expert discussions on current key topics such as IT-supported judicial activity, e-files, assembly law, judicial self-administration, delimitation of administrative and constitutional disputes, commercial administrative law with European law.
The Rhineland-Palatinate Administrative Courts had already been advising the Ukrainian partners since the mid-1990s on behalf of IRZ on the first drafts of the Ukrainian Administrative Procedure Act – as well as the Administrative Procedure Act that came into force at the end of last year. The development of the Ukrainian administrative justice system, which was created in 2005, is still based on many years of German advice. Reliable regulations that conform to the rule of law are developed directly from the constitution when there is a lack of specialised legislation, such as in the law on public assembly or school law. Undefined legal concepts are concretised and filled in, taking into account constitutional values and fundamental rights guarantees. Together with the highly committed Rhineland-Palatinate Higher Administrative Court, it has once again been possible to play a constructive role in the expansion of administrative jurisdiction in Ukraine. This has shown the effectiveness of the mutual exchange over a long period of time.
