Dutch-Ukrainian conference discusses rules for effective judicial proceedings

Fair and efficient judicial proceedings are one of the most important components of any state governed by the rule of law. In particular, one of the most important tools for achieving this goal is a well-developed code of judicial procedure, introducing uniform standards for resolving procedural issues, which are adopted at the discretion of the judge.

This was emphasised by the President of the Supreme Court, Stanislav Kravchenko, during the Dutch-Ukrainian high-level conference "Rules of Court Procedure as a Methodology for Ensuring Predictability and Transparency in the Administration of Justice".

The Chief Justice thanked Esther de Rooij, Leader of the Dutch-Ukrainian Project "Judiciary and Society in Ukraine", Vice President of the District Court of Amsterdam, for preparing the Methodology for the development and application of court procedural rules as an effective tool for transparency and predictability in the administration of justice, as well as for the opportunity to professionally discuss common problems related to the administration of justice in both countries and to identify ways to improve the efficiency of the courts.

Stanislav Kravchenko also expressed his gratitude to the Embassy of the Kingdom of the Netherlands in Ukraine and all the Dutch people for their cooperation and support of Ukraine in these difficult times.

The President of the Supreme Court pointed out that the experience of Dutch judges in developing and improving procedural rules to ensure effective justice was very valuable for the Ukrainian judicial system. For example, in its judgments in cases against Ukraine, the ECtHR frequently refers to the problem of the excessive length of court proceedings, one of the main reasons for which is the failure of the parties to appear in court and the abuse of their procedural rights by the parties. Parliament is working on a legislative solution to this problem, while the judiciary can independently lay down certain rules to guide all participants in court proceedings.

Stanislav Kravchenko stressed that this issue needed even more attention in times of war. In addition, there is a whole range of problems that adversely affect the organisation of the work of the courts, so any step taken to improve the efficiency of the judiciary is a valuable contribution to solving the problem in general.

The President of the Supreme Court emphasised that the Rules for effective judicial proceedings developed within the framework of the project are currently being tested in pilot courts in Kyiv, Vinnytsia and Odesa, and their effectiveness can already be confirmed.

According to Stanislav Kravchenko, the introduction of such rules will ensure transparency in resolving procedural issues, convenience of court hearings, saving of resources and safety of participants in proceedings. 

The Ambassador Extraordinary and Plenipotentiary of the Kingdom of the Netherlands to Ukraine, Jennes de Mol, stressed that the Netherlands is working with international partners to restore justice to the Ukrainian people and end Russia's impunity. This is done in particular through projects aimed at strengthening the rule of law in Ukraine, in order to increase confidence in the judiciary, as a creative, adaptable and resilient judiciary is the backbone of Ukrainian society.

Jennes de Mol noted that despite the unprovoked and aggressive war unleashed by Russia, the resilient and courageous Ukrainian society continues to do what it can and should do, both on the battlefield, in the international diplomatic arena, and in individual cases in courtrooms. It is a society that strives for and expects positive change, is working on judicial reform and is following its Euro-Atlantic path.

The Ambassador also noted that the developed rules will contribute to the efficiency and effectiveness of the courts, predictability and transparency of procedural decisions, and assured that the Netherlands will support Ukraine as long as necessary.

Hryhorii Usyk, the Chairman of the High Council of Justice, believes that an independent court equipped with sufficient, clear and predictable procedural measures in line with the mandatory provisions of the procedural codes and adhering to the rules of effective judicial proceedings, will guarantee the fair, transparent and efficient handling of cases. Such rules will not replace the provisions of the procedural codes, but will primarily address issues that are not fully regulated by law and will contribute to a better organisation of the judicial process.

Prosecutor General Andriy Kostin stressed that Ukraine continues to fight for its independence, and in this context the role of the judiciary becomes even more important. The aim of the rules development initiative is to find effective tools to speed up court proceedings in courts of all jurisdictions, because justice delayed is justice denied. In this way, the rights and interests of people and businesses are protected in a timely and appropriate manner.

Bohdan Monich, Head of the Council of Judges of Ukraine, informed that the work on the rules is almost finished. He believes they will become a clear guide for all those directly involved in the administration of justice. The Head of the Council also added that these rules cover not only procedural issues, but also various aspects of work organisation and ethical standards of conduct for participants in judicial proceedings. 

Mykola Onishchuk, Rector of the National School of Judges of Ukraine, said that one of the important tasks of the current judicial reform was to improve access to justice. In this context, the recommendations developed by Dutch and Ukrainian experts within the Judiciary and Society in Ukraine project will be useful for the Ukrainian courts to ensure a proper and efficient organisation of their work, especially with regard to procedural rules that lack clarity and can be interpreted in different ways in practice. In addition, according to Mykola Onishchuk, procedural legislation is rather over-regulated and does not always allow judges to ensure a reasonably quick and efficient consideration of cases, and the shortage of staff in the judicial system significantly exacerbates this problem. 

Speaking on the role of procedural rules in strengthening public confidence in the courts, the President of the Supreme Court of the Netherlands, Dineke de Groot, noted that such rules are an effective means of ensuring legal certainty and transparency in the administration of justice. They cannot be regarded as universally binding, but they are binding on courts by virtue of general principles of due process. Their content and scope are such that they can be applied as rules of law to the participants in the proceedings.

Dineke de Groot pointed out that such rules are a form of self-obligation on the part of the judges and must therefore be approved by the judicial self-governing body, even if the law does not explicitly provide for such a power. At the same time, it is important for the courts to publicly communicate the legal nature and scope of these guidelines.  

Mykola Hnatovskyy, an ECtHR judge from Ukraine, noted that the organisation of the work of the courts depends primarily on national constitutional traditions and the will of the legislature, while the Convention for the Protection of Human Rights and Fundamental Freedoms does not set out specific requirements for addressing these issues. At the same time, the way of solving them must be in accordance with the provisions of the Convention, the Constitution of Ukraine and other legislative acts.

According to Mykola Hnatovskyy, in Ukraine the parameters for the functioning of the judiciary are set primarily at the legislative level. However, this does not mean that courts cannot have internal regulations. At the same time, the ECtHR states that in applying procedural rules, courts should avoid both excessive formalism, which has a negative impact on the overall fairness of judicial proceedings, and excessive flexibility, which fails to take account of procedural requirements clearly laid down by the legislature. Both phenomena are unacceptable and contrary to Article 6 of the Convention.

Ariane Dorsman, Deputy Chairperson of the Dutch Council for the Judiciary, spoke about the experience of developing and approving the Rules for the Organisation of Effective Court Proceedings in the Netherlands. She said that these Rules consist of articles that reflect the course of the court proceedings from the moment the parties file the procedural documents to the adoption of the court decision. The Task Force discussed various options for a unified national procedure, taking into account proposals from representatives of various legal professions, until a consensus was reached on each of the provisions. The text of the Rules was then submitted to a group of judges from across the country for approval and then published. The Rules are updated in the event of changes in procedural law. In addition, representatives of the judiciary or the legal profession may send a letter to the competent authority to point out any shortcomings in the Rules or to make suggestions for their improvement.

According to Ariane Dorsman, the introduction of such Rules helped to regulate the workload of judges and improve their efficiency. In addition, unified working methods enable courts to reduce the length of proceedings and contribute to the uniformity of case law and the quality of justice.  

Philip Langbroek, Professor of Justice and Court Administration at the University of Utrecht, noted that the main value of court administration is proportionality - the amount of time spent should be commensurate with the complexity and importance of the case. Therefore, the introduction of uniform rules of effective judicial procedure is also beneficial for the rational management of this important resource.

Summing up, Nataliia Blazhivska, Judge of the Supreme Court of Administrative Cassation Court and National Expert of the Judiciary and Society Project, noted that the Judiciary and Society Project in Ukraine is a unique platform for exchanging experiences, the main aim of which is to build trust between the courts and society. The judge also expressed the hope that the results of the project would soon be effectively implemented and actively used in practice. 

The project "Judiciary and Society in Ukraine" is implemented within the framework of the international support programme MATRA of the Ministry of Foreign Affairs of the Kingdom of the Netherlands.