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The President of the Supreme Court briefed representatives of US human rights organisations on the functioning of the judiciary in Ukraine in the context of war

30 january 2024, 18:49

At the end of last year, the European Council decided to open negotiations on Ukraine's accession to the European Union. In order to achieve this strategic goal, our country must meet a number of requirements by implementing relevant reforms. Therefore, active work is being done in this direction, and one of the most important arguments for the future success of such steps is that the Ukrainian legal system continues to function effectively even under the difficult conditions of war.

Stanislav Kravchenko, President of the Supreme Court, made the remarks during a meeting with a delegation from the United States of America, including Kerry Kennedy, President of Robert F. Kennedy Human Rights, Michael Posner, former Assistant Secretary of State for Democracy, Human Rights, and Labor (DRL) of the United States, Wade McMullen, SVP of Programs and Legal Strategy, Robert F. Kennedy Human Rights, Matthew Smith, co-founder and Chief Executive Officer of Fortify Rights, and Vyacheslav Likhachev, Ukraine Human Rights Associate for Fortify Rights.

"The United States is our most reliable partner in supporting Ukraine's development as a modern democratic state. I would like to express my gratitude to the entire American people for their help and much-needed support in countering Russia's military aggression. Together, we will definitely win, because justice is on our side," the SC President stressed.

Stanislav Kravchenko briefed the US delegation on the challenges facing the Ukrainian judiciary in the context of a full-scale war, including the consideration of criminal proceedings for war crimes and other new categories of war-related cases.

The SC President also highlighted the problem of an acute shortage of staff in the courts and an excessive workload on judges, noting that the overall volume of cases and materials received by the courts in 2023 increased compared to 2022 and even exceeded the pre-war level.

In addition, Stanislav Kravchenko stressed the need to establish a special international tribunal, as the crimes committed by the top military and political leadership of the aggressor state in Ukraine should be properly assessed from the point of view of international law. At the same time, the main burden - the consideration of criminal proceedings for war crimes committed by the Russian military in Ukraine, of which more than 120,000 have been registered - will be placed on national courts.

"We are actively cooperating with the Hague Tribunal and studying international practice, as it is extremely important for us that the decisions of Ukrainian courts are perceived worldwide as fair and in line with ECHR practice," the SC President added.

Kerry Kennedy noted that the Ukrainian courts are at the forefront of defending the rule of law and the independence of Ukraine, and that they are doing crucial work in the face of constant security threats. She expressed her readiness to provide the necessary assistance and support to the judiciary.

Michael Posner noted that while Ukraine is deterring Russian aggression, it continues to work tirelessly to align its legal system with European values and standards. He also highlighted the need to improve the procedures for the selection of judges in Ukraine and to introduce training for judges. Michael Posner provided relevant information that will facilitate the establishment of links between the SC and specific international organisations to receive assistance in this context.

Other participants of the meeting included Vitalii Urkevych, Secretary of the Grand Chamber of the Supreme Court, Rasim Babanly, the First Deputy Chief of Staff of the Supreme Court, and Oksana Hunko, Acting Head of the Division for International Cooperation.