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On 28 November 2024, at the initiative of the Civil Cassation Court of the Supreme Court and the Inter-Agency Coordination Council on Juvenile Justice, with the support of the United Nations Children's Fund (UNICEF) in Ukraine and the NGO Volunteer Center, a seminar was held in Kyiv to launch a pilot project to introduce specialisation of judges in family and children cases.
As a reminder, the Civil Cassation Court of the Supreme Court co-organised a pilot project to introduce the specialisation of judges in family and children cases(http://surl.li/ymqifa).
The introduction of such an element of child-friendly justice in Ukraine as the specialisation of judges in family and children cases is due to the obligations assumed by our state under the UN Convention on the Rights of the Child and the need to further implement international standards, recommendations of the UN Committee on the Rights of the Child, and the priorities of the Council of Europe and the European Union to ensure the rights and best interests of the child.
The objectives of the pilot project are:
The event was attended by representatives of the Supreme Court, the Ministry of Justice, the Ministry of Social Policy, the National School of Judges, the Coordination Centre for the Development of Family Education and Child Care, the United Nations Children's Fund (UNICEF) in Ukraine, NGOs, and 11 pilot courts participating in the project.
Opening the event, President of the Civil Cassation Court of the Supreme Court Borys Hulko noted that the introduction of specialisation of judges in family and children cases is important in view of Ukraine's compliance with international standards on children's access to justice in civil proceedings affecting the rights and interests of children, ensuring the best interests of children, and resolving problematic issues arising in cases related to the right of children to a family, including under martial law.
The President of the CivCC of the Supreme Court noted that this year the number of cases in the cassation court related to child-rearing has more than doubled compared to 2023. This is primarily due to the enemy's military aggression and the forced displacement of millions of children. In the current realities of a full-scale war, child protection is one of the most important missions of the state. Therefore, the implementation of a pilot project to introduce the specialisation of judges in family and children cases is crucial.
The participants of the event were also greeted by the Chair of the Inter-Agency Coordination Council on Juvenile Justice Oleksandr Banchuk. He noted that despite the difficult times for our country, the motto ‘Children are our future’ should be put into practice. Oleksandr Banchuk expressed hope that the pilot project will soon show positive results, which will be used to amend the legislation. It is important that laws that take into account and implement the best interests of the child are applied by judges in everyday practice.
During the event, the participants discussed topical issues related to the introduction of specialisation of judges in family and children cases. Iryna Postolovska, Deputy Minister of Social Policy of Ukraine, emphasised the need to introduce specialisation of judges in cases involving the rights and interests of children as a condition for Ukraine's European integration. Iryna Tuliakova, Head of the Coordination Centre for the Development of Family Education and Child Care, stressed the importance of introducing judicial specialisation as part of the reform of the best care for children and ensuring the right of every child to a family.
Jin Choi, Chief of the Child Protection Section of the United Nations Children's Fund (UNICEF) in Ukraine, and Vitalii Starikov, Child Protection Project Coordinator of the UNICEF Office in Ukraine, informed about the priorities of UNICEF in protecting children in the justice system, introducing specialisation and child-friendly approaches in civil proceedings.
Mykola Onishchuk, Rector of the National School of Judges of Ukraine, emphasised the need to ensure a comprehensive and interdisciplinary approach to training judges and other participants in civil proceedings concerning the rights and interests of children.
The participants were briefed on the experience of introducing elements of family specialisation of judges in Ukraine and presented the purpose and expected results of the pilot project, as well as the main directions and stages of its implementation. The speakers were Pavlo Parkhomenko, judge of the Civil Cassation Court of the Supreme Court and member of the Inter-Agency Coordination Council on Juvenile Justice, and Larysa Hretchenko, chair of the Ukrainian National Bar Association's Family Law Committee and an expert of the Inter-Agency Coordination Council on Juvenile Justice. Olena Balzhyk, judge of the Izmail City District Court of Odesa Region, also shared the experience of introducing family specialisation of judges in 2006.
The initiative to pilot the introduction of specialisation of judges in family and children cases is being implemented within the framework of the project ‘Providing psychosocial support and justice as part of better care for vulnerable children’, which is being implemented with the support of the United Nations Children's Fund (UNICEF) in Ukraine in cooperation with the Civil Cassation Court within the Supreme Court and the Inter-Agency Coordination Council on Juvenile Justice.