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Supreme Court Judge of the Civil Cassation Court Yevhen Synelnykov addressed the audience of The Honourable Society of the Middle Temple, one of the four Inns of Court (Inns of Court is a traditional form of self-organisation of the legal community in England and Wales) at the invitation of the Chairman of the Middle Temple, with an online lecture on ‘Administration of Justice under Martial Law’.
Kathryn Thirlwall, President of Middle Temple, Judge of the High Court of England and Wales, noted that the lecture was very informative and instructive, the audience learned not only about martial law proceedings, but also about the resilience and strength of justice.
Yevhen Synelnykov thanked for the invitation and the opportunity to speak to such a distinguished audience. He emphasised that Ukrainians sincerely appreciate the support and assistance of the British people, as well as the cooperation between Ukrainian and British legal professionals.
The lecturer said that today Ukrainians face numerous challenges, suffering and pain. Even after martial law was introduced in Ukraine, justice continues to be administered by courts established under the law. This is because the Ukrainian Constitution prohibits the creation of emergency or special courts, as well as accelerated or reduced proceedings.
Yevhen Synelnykov explained that, in accordance with its powers, the High Council of Justice changed the jurisdiction of cases that were subject to consideration by courts that were in the occupied territory, in the war zone or destroyed by enemy shelling. He cited statistics: 88 courts of first instance and appellate courts are currently not administering justice; 156 court buildings have been damaged or completely destroyed.
The judge showed photographs of the destroyed buildings of the Kharkiv Court of Appeal, the Commercial Court of Mykolaiv Region, the Borodiansky District Court of Kyiv Region, the Izium District Court of Kharkiv Region, and others. He spoke about the missile attack on the Dnipro Court of Appeal in December last year, which killed an assistant judge and severely damaged the building. A Russian missile attack on the centre of Sumy on 13 April 2025 killed 35 civilians and injured more than 100. The local court was also damaged, but two days later, the broken windows were boarded up with wooden shields, and the court resumed administering justice. 'A democratic society cannot exist without a court - this is a sad but illustrative example of the importance of a court,' said Yevhen Synelnykov.
He noted that in the context of the war, Ukraine's judicial system is experiencing a shortage of funding, including for the restoration of destroyed court buildings. Another major problem is staff shortages. In particular, in the courts of appeal, the shortage of judges is about 60% of the required number. For example, the Sumy Court of Appeal has only four judges out of 25. The lecturer also noted the significant workload of judges: last year, Ukrainian courts of all instances and jurisdictions considered approximately 4.5 million cases, with an average of 605 cases per judge.
Yevhen Synelnykov spoke about the violations of the rules of warfare that Ukraine is facing today. These include ill-treatment of civilians in the form of intentional murder, death threats; torture, violence, sexual violence, illegal deprivation of liberty; abduction of people (including children), forcing protected persons to serve in the armed forces of the occupying power; robbery of civilians; illegal destruction of civilian property.
The lecturer drew attention to certain issues in judicial proceedings, including the fact that courts are obliged to apply legislation intended for peacetime during wartime. In particular, issues include the extension of procedural terms due to martial law being introduced, the adjournment of court hearings due to air raids, the suspension of proceedings due to a party to the case being a serviceman and the consideration of cases in the absence of a lawyer who is outside Ukraine.
At the same time, the Supreme Court has formulated important legal positions in civil cases that resolve problematic issues. These include conclusions on the modification or termination of obligations in connection with the war; establishing the facts of birth or death during martial law, especially in the temporarily occupied territories; taking into account the conditions of martial law when resolving disputes regarding the rights and interests of a child in the territory of another state, etc.
Yevhen Synelnykov paid special attention to the issue of limiting the immunity of the Russian Federation in the national court in cases of compensation for damage caused by the aggressor state. He noted that the state immunity in civil proceedings should have a legitimate purpose: compliance with international law, promotion of civilised and fair relations between states, respect for the sovereignty of another state.
The lecturer cited the conclusions of the Supreme Court, which, in particular, state that the commission of acts of armed aggression by a foreign state is not an exercise of its sovereign rights, but a violation of the obligation to respect the sovereignty and territorial integrity of another state. At the same time, Ukrainian citizens who suffered damage on the territory of Ukraine had no effective means of protecting their rights - there were no relevant procedures or legal instruments. Therefore, it is the court that should act as an institution that resolves these issues.
The judge also spoke about the creation of the International Register of Damage Caused by the Aggression of the Russian Federation against Ukraine and expressed hope that Ukrainian courts' decisions on the recovery of damages from the Russian Federation could be enforced in other countries.
In addition, Mr Synelnykov informed that many judges and court staff had joined the Ukrainian Armed Forces. Seven judges and four court employees were killed in the hostilities, and nine were injured. Unfortunately, last year a judge of the Supreme Court was killed by an enemy drone while delivering humanitarian aid to his native Kharkiv region. The lecturer pointed out that starting from March 2022, judges have been transferring from 20% to 60% of their judicial remuneration to the needs of the Armed Forces of Ukraine and will continue to do so until the end of martial law.
Summing up, Yevhen Synelnykov noted that despite all the challenges, the judiciary of Ukraine remains a key guarantor of the rule of law. It ensures reliable protection of human rights and freedoms, acting as a pillar of justice in this difficult time.
The lecture sparked the audience's interest and encouraged them to ask the speaker questions.
Judge Jonathan Baker of the Court of Appeal of England and Wales noted that today there is information about the abduction of thousands of Ukrainian children who were forcibly taken to Russia. Therefore, the judge asked about the scale of the tragedy and what measures the Ukrainian courts and the state as a whole are taking to overcome it.
Yevhen Synelnykov said that as a civil court judge, he could not comment on criminal aspects and aspects related to international cooperation. However, in the civilian sphere, the Supreme Court, in particular, has resolved the issue of jurisdiction over cases of returning to Ukraine to their permanent place of residence of children who went abroad because of the war. The lecturer also noted that the courts of European countries have a flexible approach to custody cases and determining the place of residence of Ukrainian children residing in these countries. There are decisions of Polish and German courts to return children to Ukraine. Ukrainian courts have also ruled on the place of residence of such children in our country, while the safety of children and ensuring their best interests are very important issues in such cases.
There was a question whether the mobilisation caused a shortage of lawyers in Ukraine. Yevhen Synelnykov replied that today there is an acute shortage of judicial assistants, court secretaries, etc.: many women have gone abroad, and men have been mobilised. There was no information on the shortage of representatives of the legal profession.
In response to a question from one of the attendees, the lecturer said that the Civil Cassation Court of the Supreme Court considers cases mainly in written proceedings. At the same time, if the parties or their representatives are abroad, the court may involve them in the proceedings via video conferencing.
Alistair Webster, an English lawyer with experience in war crimes investigations, asked whether there are any mechanisms for Ukrainian courts to investigate cases against Russian war criminals. Yevhen Synelnykov noted that many prosecutors, investigators, and representatives of Ukraine's special services are involved in such investigations. The Prosecutor General's Office is cooperating with the International Criminal Court to investigate such crimes. Also, on 9 May 2025, an international coalition of states (Core Group) officially supported the establishment of a special tribunal for the crime of Russian aggression against Ukraine.
English lawyer Martin Downs noted that Ukraine is a signatory to the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children, which it faithfully implements. This document allows the courts of other countries to refer certain cases to the courts of Ukraine. He therefore asked about the feasibility of transferring such cases during martial law, given the huge workload of Ukrainian courts.
Yevhen Synelnykov said that Ukraine strictly adheres to international treaties, in particular the 1980 Hague Convention, and that Ukrainian judges closely cooperate with their foreign colleagues in applying international humanitarian law. In particular, two judges of the Supreme Court are members of the International Hague Network of Judges (IHNJ). The judges of the Supreme Court are ready to cooperate with British lawyers in implementing the provisions of the Convention.
Colleen Graffy, Professor of Law at Pepperdine University (California, USA), asked whether there was evidence of targeted attacks by Russia on Ukrainian courts and judges. The lecturer recalled the photos he showed of destroyed court buildings and drew attention to the fact that most of the civilian buildings attacked by Russian missiles did not have any military facilities near them.
English barrister David Farrer asked to what extent the introduction of martial law has affected the lives of ordinary people (apart from the obvious impact of the war itself). Yevhen Synelnykov replied that during martial law, certain rights of citizens are restricted, as allowed by the Constitution of Ukraine (introduction of martial law, seizure of property for the needs of the military, etc.)
The question raised by Barnaby Hone, a British barrister, concerned the use of modern technologies by the Supreme Court during the war — in particular, online hearings — and the possibility of continuing their use after a just peace. The speaker noted that the court has the ability to work with electronic databases, documents, and communicate with the parties to the case. The use of modern technologies by courts will continue to develop.
There was also a question about the protection of civilian rights in the temporarily occupied territories. Yevhen Synelnykov replied that the implementation of the relevant rights is ensured by the government and courts of Ukraine.
In answer to the question of how actively Ukrainian judges promote alternative dispute resolution methods such as arbitration and mediation to reduce their workload, the judge replied that unfortunately, mediation is not yet as popular in Ukraine as we would like it to be. Society is not yet accustomed to this method; the Law of Ukraine 'On Mediation' was adopted around three years ago. However, there are a large number of mediators and lawyers in Ukraine who are promoting this procedure. Judges, including those in the Supreme Court, are also actively involved in this process. Mediation has been used in the UK for decades, while in Ukraine, the process of implementation is ongoing and development is underway.
Summing up the event, Kathryn Thirlwall stressed: 'Just think about what it's like to know that your court is the enemy's target and to go to work with that kind of workload every day. I promised myself that I would never complain about my workload again.' She was impressed by the dedication of Ukrainian judges and their commitment to upholding the rule of law. The President of Middle Temple expressed her best wishes to all Ukrainian judges, hoping that Ukraine would overcome the challenges it faces and enjoy peace and dignity.
Presentation by Yevhen Synelnykov – https://court.gov.ua/storage/portal/supreme/prezentacii_2025/The_Administration_of_Justice_Under_Martial_Law_2025.pdf.
For reference. The Honourable Society of the Middle Temple is one of the four Inns of Court, i.e. law corporations in London that have the right to admit barristers in England and Wales. The other three are Inner Temple, Gray's Inn and Lincoln's Inn. The history of Middle Temple dates back to the Middle Ages on land that belonged to the Knights Templar. After the dissolution of the Order, the land was transferred to the crown and subsequently passed to lawyers. Middle Temple has been operating as a legal non-profit corporation since the 14th century. Its main function is to educate and train barristers.
Middle Temple Hall is one of the most magnificent historic buildings in London. It still hosts official dinners and events.
The Treasurer's Lecture is one of the most prestigious annual lectures at Middle Temple, named after the Treasurer, an honorary position held each year by one of the leading members of the Inn of Court. This person effectively serves as the president (chairman) of Middle Temple for the duration of their term (usually one year).
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