Strasbourg, 1 February 2006
Consultative Council of European Judges (CCJE)
Questionnaire on “The role of judges in striking a balance between protecting the public interest and human rights in the context of terrorism”: reply submitted by the delegation of Ukraine
A.1. Does your country have schemes to provide judges with initial and in-service training in international and European law? If it does, please provide a list of those schemes, specifying the subjects dealt with over the last year. Please indicate the number of judges concerned by these schemes, distinguishing between initial and in-service training, and the total number of judges in your country.
A.2. Do all judges periodically receive full information on recent legislation and case-law at the European and international levels, without it being necessary for them to perform their own research in these matters? If they do, please indicate what types of documents are sent direct to each judge by the national authorities (e.g. official gazettes, legal periodicals). Please also specify what information is available on paper and what is provided in electronic form (CD-Rom, for instance).
A.3. Do judges have an opportunity to attend foreign language courses? Are these courses free of charge or state-subsidised? Does each court have legal translation facilities?
The Supreme Court of Ukraine, State Administration of Ukraine, and Academy of Judges of Ukraine according to instructions given in the article 129 of the Law of Ukraine “On Judicial System of Ukraine” form an annual Schedule of qualification raising system of judges and other court system personnel of any courts all over Ukraine. It caused the creation of fundamental principles for formation of unified national system of judicial training. And it helped to prevent reduplication, unreasonable use by judges their working time, it helped to use efficiently the means (money) of the state budget and the international technical assistance.
Training of newly appointed judges of general jurisdiction and personnel of the courts is being conducted in regional branches of the Academy of Judges of Ukraine, all other categories – in the headquarters of Academy, in Kyiv.
During 9 months of 2006 training in Academy of Judge of Ukraine and its regional branches was carried out according to the approving Schedule of educational process of Academy of Judge of Ukraine for 2006 and on the basis of approved by Academic Council and the Typical curriculums for raising the level of professional skill approved by the rector: heads of court and their deputies; judges of local general and economic courts; permanently appointed judges of general courts who specialize on investigation of civil cases and also judges who specialize on investigation of criminal cases; legal consultants, secretaries of court session, the senior secretaries and secretaries of court, employees of the registrars’ service, employees of statistic of territorial office of the state judicial administration.
During 9 months of 2006 year 960 persons were attracted to training at raising qualification level, among them:
- 311 newly appointed on position of judges of local general courts;
- 226 assistants of judges of local and appeal general courts;
- 235 secretaries of court session of local and appeal general courts;
- 188 experts in judicial statistics of appeal general and martial courts.
In the process of training at raising qualification level of judges newly appointed on the position in local general courts a number of " round tables " has been lead by Academy and its regional branches in particular:
- " Moral bases of justice " (Sevastopol, Chernovtsy);
- " Problems of reforming of judicial system of Ukraine " (Chernovtsy);
- " Out-of-court methods of the solution of disputes (mediation) ";
- " The Organization of the prevention and precaution of criminality in sphere where use narcotics, correct registration of criminal cases " (Kiev);
- " Judicial - legal reform: problems and prospects " (Kiev);
- "Humanization of practice imposition and execution of punishment " (Kiev).
Besides it, 31 specialized seminars has been lead by Academy (9 with participation of the international organizations, 13 with participation of public organizations, 2 -with participation of Ministry of Internal Affairs of Ukraine).
In all work of particularized seminars 635 judges of local and appeal courts of the general jurisdiction have taken part.
During 9 months of 2006 313 persons were attracted for teaching in Judge's
Academy of Ukraine and its regional departments (raising qualification level), among them:
1) At raising qualification level (253 teachers):
- 13 in-house trainers of the Academy;
- 11 judges of the Supreme Court of Ukraine;
- 95 judges of general appellate courts;
- 36 judges of local general courts;
- 2 judges of commercial appellate courts;
- 2 judges of martial appellate courts;
-- 69 experts of establishments, departments, scientific and pedagogical workers of other educational institutions;
- 25 workers of the State judicial administration of Ukraine and its territorial offices
Among teachers: 12 candidates of sciences, 1 doctor of sciences.
2) In the participation in seminars (60 lecturers):
- 8 judges of the Supreme Court of Ukraine;
- 1 judge of the Higher Commercial Court of Ukraine;
- 3 judges of the Higher administrative Court of Ukraine;
-12 judges of general appellate courts;
-12 judges of local general courts;
-1 judges of commercial appellate courts;
-23 international experts.
Among invited lectures are 13 candidates of sciences, 2 doctor of sciences.
The Academy of Judge of Ukraine organized and led 3 seminar of methodological orientation on most actual subjects for judge-teachers, among them:
- 2 seminars (4-th and 5-th sessions), for judges of appellate courts of the general jurisdiction in the context of joint project Academy of Judge of Ukraine and Ukrainian legal foundation: " Model of introduction of the European standards of human rights in the Ukrainian legal proceedings: target preparation of judges " on themes:
- " Criteria of justificatory intervention of the state in rights and freedom, guaranteed by part 1 of Convention of human rights (1950) and the reports to it " (26-27.01.2006). 27 judges took part in the seminar.
During this session the special attention was directed on the following themes: the right on freedom and person inviolability (article 5); criteria of rate of reasonable terms on the basis of article 5 and in context of Convention; the Convention of Human rights and main Freedom and criminal process; the Mechanism of application of positions of the Convention of Human Rights and basic Freedom by the Ukrainian judge; questions of explanatory of ECHR of the right on life
- " The System analysis of Ukrainian legislation, judicial and administrative practice from the point of view of the Convention of Human rights (1950). Ways of prevention of infringements of Convention " (11 - 12.05.2006). 26 judges participated in a seminar.
During the session the special attention was given to the following themes:
The right on freedom of idea, conscience and religion (article 9 ECRH); the Right on freedom of peace meetings and associations (article 11 of ECHR); the Right on free elections: main principles of ECHR (article 3 of the First Report of ECHR); the Role of case law in process of bringing together Ukraine and European legal standards in sphere of protection of human rights and basic freedom; Report № 14 to the Convention of Human Rights and Basic Freedom.
In general the main task of the Project is to prepare one judge for each court who would be well acquainted with the Convention on Human Rights and Basic Freedom of the person, decisions of the European court of human rights and could give other judges the training and methodical help in questions of use of the Convention. Training of judges occurs both in correspondent and session regimes (5 sessions, 2 days each every 2 months). Finishing event of the project is a carrying out the final " round table ". Training is held with constant group of participants, formed in the beginning of the project;
- 1 seminar - training for judges - teachers of Academy of judges of Ukraine who specialize on investigation of legal proceeding human (beings) traffic (22-26.05.2006, Kiev). 17 judges participated in a seminar.
Feature of action was use of the generalized judiciary practice of investigation of legal proceeding, connected with human (beings) traffic in 2001 - 2005, carried out by faculty of criminal legal procedure of Academy of Judges Ukraine: rights of victims on compensation of moral and material damage, the right on confidentiality (the closed judicial investigation), imposition of punishment.
At seminars there were both foreign, and native experts.
List of seminars within the framework of the joint project of Academy of Judge of Ukraine and Ukrainian State Fondation " Model of introduction of the European standards of human rights in the Ukrainian legislation: target preparation of judges "
1. Essence of guarantees of the Convention on protection of human rights and basic freedom (1950р.). " The vital right " of the Convention as the tool of introduction of a principle of leadership of the right. Questions of use of practice of the European court of Human Rights in national legal proceedings - (on April, 21-22 2005).
2. The right for an effective way of a legal protection. The concept of universality of national ways of a legal protection and a positive duty of the state to provide the right on fair judicial investigation - (30 June - July, 1, 2005).
3. Features of an explanation by the European Court of Human Rights amount and content of the rights and freedom guaranteed by part 1 of the Convention on Human Rights (1950) and reports to it - (on November, 21-22, 2005).
4. Criteria of correctness of intervention of the state in rights and freedom of the person, guaranteed by the part 1 of the Conventions on Human Rights (1950) and reports to it (on February, 26-27, 2006).
5. The system analysis of cases concerning Ukraine. Legislative and judicial ways of prevention of infringements of the Convention of Human Rights (1950) - (on March, 11-12, 2006).
6. Final " round table " - (planned for November, 2006)