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The Supreme Court's Role in Implementing the Rule of Law Is Discussed at an International Conference

20 january 2023, 16:16

The Supreme Court has marked 5 years of its activity, so it is time to summarize, draw conclusions and make plans for the future, which are closely related to Ukraine's Victory in the war that Russia started and continues to wage.

This was stated by Supreme Court President Vsevolod Kniaziev during the international conference to mark the 5th anniversary of the Supreme Court "Implementation of the Rule of Law: The Role of the Supreme Court in Modern Conditions".

He emphasized that every day of the full-scale war against the Ukrainian people Russia was moving further and further away from the civilized world, so the suspension of the aggressor country's membership in the Council of Europe and further expulsion of Russia from the organization were inevitable as a result of the shameful actions of the Russian government. In this context, Vsevolod Kniaziev expressed his gratitude to the Council of Europe for this clear signal from the European community and for its steadfast, unwavering position in the fight against Russian aggression.

The Supreme Court President also noted that last year Russians lost the right to protection under the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention) and the right to apply to the European Court of Human Rights.

"We have a long history of fruitful cooperation with the ECtHR, not only in the area of procedure, but also in terms of ideology. I hope that this close cooperation will continue, because Ukraine faces an important task of developing effective mechanisms for the execution of ECtHR judgments, and the ECtHR will have to consider a large number of applications from Ukrainian citizens, as well as key interstate cases concerning the aggression of the Russian Federation. The principles of the European Convention must not be violated, and the Convention's obligations must be fulfilled, even though Russia is no longer part of the European family," Vsevolod Kniaziev is convinced.

Given that Ukraine has become a candidate for membership in the European Union, the case law of the EU Court of Justice and communication within the Network of the Presidents of the Supreme Judicial Courts of the European Union, which, according to the SC President, will help bring Ukraine's judicial system in line with the best European and international standards, are of great importance to the national judiciary.

Vsevolod Kniaziev also thanked the presidents and judges of the supreme courts of Croatia, the United Kingdom, Ireland, Poland, Slovenia and Estonia for their comprehensive assistance to Ukraine and support for the European aspirations of the Ukrainian people.

In addition, he highlighted the importance of the work of Ukrainian and European colleagues under the auspices of the European Commission for the Efficiency of Justice (CEPEJ) to improve national legislation on remote participation of judges and court secretaries and to develop a practical guide for conducting remote court hearings.

"Remote justice can be an effective solution to the security challenges faced by the Ukrainian judiciary on a daily basis," summarized the President of the Supreme Court.

In her welcoming remarks, Council of Europe Secretary General Marija Pejčinović-Burić noted that Russia's brutal aggression against Ukraine affected every aspect of Ukrainian life, the work of all public institutions, including the judiciary. According to her, the conference was an important platform for discussing the future work of the Supreme Court with regard to the life of society in the context of war.

"Ukraine's judges are committed to their work and demonstrate courage in their determination to deliver justice, sometimes at the risk of their lives. This, in particular, reflects the importance of reforms that have brought Ukraine's judiciary closer to European standards. The Council of Europe will continue to provide all necessary assistance to Ukraine in the course of further reforms. We hope for the peace built on the principles of sovereignty and territorial integrity to return to Ukraine in the near future, and the Supreme Court will be an important part of such a democratic future," said Marija Pejčinović-Burić.

President of the Court of Justice of the European Union Koen Lenaerts expressed solidarity with the people of Ukraine and emphasized that Europe must stand united against anything that contradicts its fundamental values.

"We admire Ukraine's courage and determination to remain a sovereign European country that decides its own future. We applaud your desire to defend your place in the European family and appreciate your resilience in the fight for freedom, democracy and the rule of law. These are the values that form our common European identity," he said.

According to the President of the European Court of Human Rights, Síofra O'Leary, the conference enhances the dialogue between the ECtHR, the Supreme Court of Ukraine and the supreme courts of the EU countries and clearly demonstrates how Europe supports Ukraine in its struggle for European values in such tragic times.

"For too long we have taken the rights and freedoms enshrined in the European Convention for granted. However, the war has shown that democracy, human rights and the rule of law must be fought for and protected every day for them to continue to exist. The judicial work is an important guarantee of maintaining the proper level of the rule of law. Now more than ever, we must remind ourselves that the Convention is the basis for ensuring the restoration of peace," emphasized Síofra O'Leary.

The event is organized­ by the Supreme Court and the Council of Europe project "Support to Justice in Ukraine in Wartime and Post-War Period".