Information and analytical sector
of CONSTITUTIONAL COURT of UKRAINE
01033, Kyiv, Zhylianska, 14
tel. 238-10-80, 238-10-25
fax. 287-36-16
Acting Chairman and judges of the Constitutional Court of Ukraine participated in the National Presentation of the Venice Commission's "Rule of Law Cheсklist"
On June 26, 2017 Acting Chairman of the Constitutional Court of Ukraine Viktor Kryvenko and judges of the Constitutional Court Mykhailo Hultai and Ihor Slidenko participated in the National Presentation of the document of the European Commission for Democracy through Law (Venice Commission) "Rule of Law Checklist" for Ukrainian lawyers, which was held by the USAID New Justice Program, together with the Judicial Reform Council and the Council of Europe Office in Ukraine. The Venice Commission adopted this document in March 2016 as an instrument for assessing observance of the rule of law in the Council of Europe member-states. Such assessment is carried out through analysis of their constitutional and regulatory frameworks, as well as jurisprudence.
With the support of the United States Agency for International Development (USAID), the member of the Venice Commission in respect of Ukraine, the national expert of the USAID New Justice Program Serhii Holovatyi translated the "Rule of Law Checklist" into Ukrainian and prepared a commentary along with the glossary. These documents are intended to improve understanding of the concept of the rule of law by Ukrainian practitioners and scholars, as well as to promote the further application of such an instrument in Ukraine.
The guests were welcomed by Deputy Head of the Presidential Administration of Ukraine Oleksii Filatov, Acting Chairman of the Constitutional Court of Ukraine Viktor Kryvenko, US Ambassador to Ukraine Marie L. Yovanovitch, Head of the Council of Europe Office in Ukraine Мårten Ehnberg.
Deputy Head of the Presidential Administration Oleksii Filatov noted that Ukraine is now at an important stage - the Verkhovna Rada of Ukraine passed a first-reading amendment to the procedural legislation (on judicial reform). He expressed hope that the parliament will find strength and ability to complete this process even within this parliamentary session.
Acting Chairman of the Constitutional Court of Ukraine Viktor Kryvenko reminded that according to Article 8 of the Constitution in Ukraine, the principle of the rule of law, which is one of the foundations of justice, is recognised and effective. "The rule of law is when a court upholds the injustice of the law, and the state respects human rights, and this must be understood not only by the court but also by all state institutions," the judge continued. He also noted that "the court should become an arbiter of society and provide social peace".
Concluding his statement, Viktor Kryvenko emphasised that the reform in Ukraine began not yesterday but in 1991. "Reform is not a change on paper; it's important to change consciousness, which is extremely difficult. It should be a reform in the mind," said the speaker.
US Ambassador to Ukraine Marie L. Yovanovitch stressed that the process of judicial reform in the state should be transparent and open. "Today, Ukraine has the opportunity to create a judicial power that will provide high-quality protection, but this is not an easy task - the reform process should be open, transparent, judges should be honest and independent," said the ambassador.
The key speakers were President of the European Commission for Democracy through Law (Venice Commission) Gianni Buquicchio, Chairman of the Supreme Court of Ukraine Yaroslav Romaniuk, Doctor of Law, Member of the Venice Commission in respect of Ukraine, national expert of the USAID New Justice Program Serhii Holovatyi, Judge of the Constitutional Court of Ukraine Ihor Slidenko.
During the presentation the participants discussed the theoretical and practical value of the document, as well as prospects for its application in Ukraine. In particular, it was emphasised on the importance of application of the "Rule of Law Checklist" to build a fair, independent, accountable and transparent judicial system that Ukrainian citizens would trust. This document may serve as a guide for judicial reform, including reforming legal education, improving the structure of the judiciary and procedures for selecting judges, improving the quality of judicial administration and access to justice, and better protection of human rights.
