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Supreme Court President and Judge of the Grand Chamber of the Supreme Court held a meeting with students of the Educational and Scientific Institute of Law at Taras Shevchenko National University of Kyiv

01 november 2023, 15:53

Stanislav Kravchenko, President of the Supreme Court, told students of the Educational and Scientific Institute of Law of the Taras Shevchenko National University of Kyiv about the organisation of the judicial system under martial law, the initiative to establish a special international tribunal for the crime of Russian aggression against Ukraine and the development of a mechanism for compensation for damage caused by the war, as well as the role of judicial control in the pre-trial investigation of criminal proceedings for war crimes.

In addition, the President of the Supreme Court outlined some of the legislative changes introduced into the Criminal Code of Ukraine, noting that since the beginning of the large-scale war, the legislative process has tended to increase criminal liability for crimes against the foundations of Ukraine's national security and for crimes against property committed under martial law. Furthermore, the Special Part of the Criminal Code of Ukraine has been enhanced with additional corpus delicti, specifically an article that imposes criminal responsibility for collaboration. In this specific context, the head of the Supreme Court highlighted the issue of discerning corpus delicti in regards to crimes against the fundamental principles of national security in Ukraine.

Stanislav Kravchenko also listed some of the categories of cases currently most frequently heard by the courts, highlighting cases involving the determination of civil status, inheritance, social benefits, investment protection, etc.

In his speech, the Chief Justice also drew attention to important legal positions formulated by the Supreme Court, in particular regarding the absence of judicial immunity of the Russian Federation in cases of compensation for damage caused to an individual Ukrainian citizen by acts of aggression of the Russian Federation against Ukraine.

The President of the Supreme Court said that statistics show that the number of cases of all categories is increasing in 2023 and has almost reached the pre-war level. This shows that our society wants to live under the rule of law, despite the conditions of martial law.

Speaking about the challenges faced by the judiciary during the war, Stanislav Kravchenko stressed that today the public demand for justice is higher than ever. Therefore, despite the heavy workload and the shortage of staff in the system, the courts are making every effort to ensure timely and high quality consideration of cases, as any decision of the national courts must be perceived by both Ukrainian society and the international community as balanced, reasonable and fair.

Oleh Tkachuk, Academic Secretary of the Scientific Council of the Supreme Court, Judge of the Grand Chamber of the Supreme Court, spoke about the activities of the Council, the structure of the Supreme Court and the powers of the Grand Chamber of the Supreme Court, focusing on the reasons for referring cases to the Grand Chamber of the Supreme Court, such as the emergence of an exceptional legal problem.

The judge highlighted socially important decisions of the Supreme Court. These include the decision to return to municipal ownership the architectural monument of local significance - the Tereshchenko estate in Kyiv, a land plot of water fund within the beach area of the coastal protection zone of the Yahorlytskyi Bay on the territory of the Kinburn Spit Regional Landscape Park, and 17 land plots on the territory of the Peremoha Reserve Park, a monument of landscape art of local significance in Poltava.

Oleh Tkachuk also drew attention to the legal positions formulated by the Grand Chamber of the Supreme Court on compensation for damage caused by the Russian armed aggression and compensation to citizens for the value of property mobilised for defence purposes.

At the end of the meeting, Stanislav Kravchenko and Oleh Tkachuk answered numerous questions from the students, including those relating to the mechanisms for ensuring the uniformity of case law, the systematisation of the Supreme Court's legal positions, guarantees of the independence of the judiciary and prospects for the enforcement of court decisions on compensation for damage caused by the Russian Federation.

In conclusion, the President of the Supreme Court expressed the hope that the judges of the Supreme Court will hold regular meetings of this kind with future lawyers, as the highest judicial authority in Ukraine is interested in communicating with society, especially with those who will soon be shaping and implementing the legal policy of the state.