On June 14, 2024, Judges of the Constitutional Court of Ukraine Vasyl Lemak, Oleh Pervomaiskyi, Oleksandr Petryshyn, Serhiy Riznyk, Galyna Yurovska and representatives of the Court's Secretariat participated in an event dedicated to the presentation of the Ukrainian edition of Tom Bingham's book “The Rule of Law”, which is one of the fundamental books in the field of law. Tom Bingham is one of the most prominent lawyers and judges of the late second and early third millennia. He is master in the art of judging.
Unfortunately, his scientific works related to the rule of law, including his book “The Rule of Law”, have not been translated into Ukrainian before, and therefore have not been widely discussed in the legal community. At the same time, the book is of great importance for the establishment of the rule of law in Ukraine.
Tom Bingham’s book was translated into Ukrainian, published, and presented by the USAID “New Justice” Program, the predecessor to the USAID “Justice for All” Program. The foreword to the book was written by Serhiy Holovaty, Judge of the Constitutional Court of Ukraine (2018–2024), Acting Chief Justice of the Constitutional Court of Ukraine (29 December 2020 – 29 May 2024), Member of the European Commission for Democracy through Law (Venice Commission) in respect of Ukraine.
According to the organisers of the event, the dissemination of this book in Ukrainian translation will enhance the understanding of the concept of the rule of law, foster its advancement, and bolster its concepts among Ukrainian legal professionals.
Jeffrey Lehrer, Acting Director of the USAID Mission to Ukraine, and Michael Hegarty, Second Secretary, Political Section, British Embassy in Kyiv welcomed the participants of the event.
Simona Granata-Mangini, Director/Secretary of the Venice Commission, Sir Jeffrey Jowell, first Director of the Bingham Centre for the Rule of Law (2010–2015), Murray Hunt, former Director of the Bingham Centre for the Rule of Law (2017–2024), Jan van Zyl Smit, Director of the Bingham Centre for the Rule of Law (May 2024–present), Bohdan Azhniuk, Director of the O. O. Potebnia Institute of Linguistics of the National Academy of Sciences of Ukraine delivered their presentations online.
The event was moderated by Serhiy Holovaty. He noted that the translation of the book into Ukrainian is important for the implementation of the rule of law principles at the national level. “The significance of this book lies in the inclusion of six out of the eight fundamental principles of the rule of law in two historically significant and fundamental documents of the Venice Commission, which are now soft law documents and serve as the foundation for numerous European institutions and national courts throughout Europe.”
This refers to the “Report on the Rule of Law” of 2011 and “Rule of Law Checklist” as a Special Study of 2016. Serhiy Holovaty stated that the second document, the Rule of Law Checklist, is a triumph for the Venice Commission, since “it is this document that was taken into work and approved for its activities in particular by the Parliamentary Assembly of the Council of Europe, the Committee of Ministers of the Council of Europe and the Congress of Local and Regional Authorities of Europe. They have adopted it as a guide for their activities, and the European Commission in Brussels often refers to this document.”
During the professional discussion, Judge of the Constitutional Court of Ukraine Oleh Pervomaiskyi emphasised that when delivering its decisions, the Constitutional Court of Ukraine takes into account the positions set out by the European Commission for Democracy through Law (Venice Commission) in the Special Study “Rule of Law Checklist” (2016), which, in particular, relate to various elements of the rule of law. “15 judgments of the Grand Chamber and 30 judgments of the Senates of the Court applied the positions set out in the documents of the Venice Commission,” the judge noted. He stated that the Venice Commission in its report found that, despite differences in views, there is unanimity on the basic elements of the concept of the Rule of Law. These core elements are: legality, legal certainty, prohibition of arbitrariness, access to justice before independent and impartial courts, respect for human rights and non-discrimination and equality before the law.
Oleh Pervomaiskyi noted that in one of its decisions the Court stated: “One of the principles of the Ukrainian constitutional order is the rule of law, which is expressed through the formula: “The principle of the rule of law shall be recognised and effective in Ukraine” (Article 8.1 of the Constitution of Ukraine). The “rule of law” as an integral element of the system of values that underpin the modern European legal order belongs to the triad of principles of the common heritage of European peoples, along with such elements as genuine democracy and human rights. Within the common legal space of Europe, there is a consensus on the core elements of the rule of law.”
The judge of the Court stressed that it is very important to distribute Tom Bingham's book “The Rule of Law” not only among lawyers, but also among a wide range of readers. “The author himself wrote in the preface that this book is not for lawyers, but for everyone who has heard something about the rule of law,” the judge said.
The participants of the event agreed that the book covers many issues related to the rule of law and has practical application. The translation of this book is an important step for the development of the rule of law in Ukraine. The participants noted that the foundations of the rule of law are laid in difficult times, and its progress is checked by solving the problems posed by the present. Therefore, they expressed their conviction that building the rule of law in Ukraine will become the basis for the establishment of democracy with democratic institutions, human rights, economic growth and a just society. Building such a Ukraine will be russia's biggest defeat in this war.
