Ukraine – annual report 2023

Details
Published: September 4, 2024

Strategic Framework

The war of aggression that Russia has been waging against Ukraine since February 2022 continues to overshadow cooperation. However, despite the difficult circumstances, IRZ was able to maintain an intensified professional exchange with the Ukrainian partner institutions throughout 2023. In contrast to the activities in 2022, which almost exclusively focused on advisory measures online or in the form of written reports, numerous Ukrainian delegations were able to visit Germany again in the reporting year.

Legal Policy Starting Point

The current legal reforms are primarily based on the seven recommendations by the EU Commission that were formulated in the run-up to the granting of EU candidate status in the summer of 2022. Ukraine has now largely complied with these recommendations, for example: An amendment to the Constitutional Court Act was passed, which reformed the election of constitutional judges. The long-vacant management positions of the Specialized Anti-Corruption Prosecutor's Office (SAPO) and the National Anti-Corruption Bureau (NABU) have been filled. The High Council of Justice and the High Qualification Commission of Judges of Ukraine were restructured and positions have been newly filled. As a result, the European Council decided in December 2023 to begin accession negotiations with Ukraine.

With regard to further reforms, it should be emphasized that the Administrative Procedure Act, which was subject to advisory measures by IRZ over many years, has been adopted and, came into force on 15 December 2023. Current consultation efforts entail the reform of the Ukrainian Criminal Code and the Civil Code as well as the insolvency law reform in line with EU law.

Overall Concept

The harmonization of Ukraine’s legal framework with EU law guided IRZ’s consultation efforts in 2023. Due to Ukraine and Moldova being granted EU candidate status and (at that time) Georgia a candidate perspective, IRZ received special funding from the German Bundestag, which it used to implement bilateral projects as well as joint activities for these countries, which focused on combating corruption and strengthening the independence of the judiciary. In addition, IRZ continued to implement the joint working program of the Federal Ministry of Justice and the Ministry of Justice of Ukraine.

The support of the administrative courts represented another pillar of IRZ’s advisory efforts as well as the cooperation with the Constitutional Court of Ukraine. Furthermore, IRZ facilitated expert discussions and provided written expert opinions on the draft amendment of the Insolvency Act, the drafting of a bill on civil partnerships, and the reform of the Special Part of the Criminal Code, thereby making important contributions to legislative reform projects.

Focus of Activity in 2023

Constitutional Law, Human Rights and their Enforceability

  • Online expert discussion with the Constitutional Court of Ukraine on the constitutional framework
  • Multilateral online conference with the Constitutional Court of Ukraine on the perspective of European integration
  • Working visit by a delegation from the Constitutional Court of Ukraine to the Federal Constitutional Court in Karlsruhe and the Max Planck Institute for Comparative Public Law and International Law in Heidelberg
  • Expert opinion on proposed amendments to procedural laws to improve access to justice for people with disabilities

Civil and Commercial Law

  • Online expert discussion with the Ministry of Justice of Ukraine on the reform of insolvency law
  • Expert opinion on the draft amendment to the Insolvency law
  • Support for participation at the pre-moots in Berlin and Hamburg for the “Willem C. Vis International Commercial Arbitration Moot”
  • Online expert discussion with the Ministry of Justice of Ukraine on the draft law on civil partnerships
  • Participation in multilateral (hybrid) training for judges of the National School of Judges for the Civil Cassation Court within the Supreme Court

Public Law

  • Participation in the training of Ukrainian administrative judges on the implementation of the Administrative Procedure Act in Kyiv
  • Participation in the “VI Days of Ukrainian Administrative Justice” of the Administrative Cassation Court within the Supreme Court on the protection of social rights in wartime conditions
  • XVI and XVII German-Ukrainian colloquium on administrative procedural law at the Higher Administrative Court of Rhineland-Palatinate in Koblenz
  • VI Conference of the Parliamentary Legal Committees in cooperation with the German Bundestag on EU legal harmonisation of Ukraine’s, Moldova’s, and Georgia’s legal framework in Berlin
  • Working visit by a delegation from the Lviv Administrative Court of Appeal to the Higher Administrative Court of Lower Saxony in Lüneburg

Administration of Justice

  • Expert discussions on the independence of the judiciary (for Ukraine, Moldova and Georgia) in Lower Saxony (Hanover, Braunschweig) and Berlin
  • Online expert discussion between the Kyiv Court of Appeal and the Oldenburg Higher Regional Court on electronic justice

Criminal and Penitentiary Law

  • Participation in multilateral (hybrid) training for judges of the National School of Judges for the High Anti-Corruption Court of Ukraine on the topic of money laundering in Kyiv
  • Expert opinion on the special part of the draft Criminal Code of Ukraine
  • Online expert discussion on the special part of the draft Criminal Code of Ukraine
  • Working visit to Berlin by a delegation from the General Prosecutor's Office and the Ministry of Justice of Ukraine on international criminal law and the investigation of war crimes
  • Participation in multilateral (hybrid) training for judges of the National School of Judges for the Criminal Cassation Court within the Supreme Court
  • Expert discussions on combating corruption (for Ukraine, Moldova, and Georgia) in North Rhine-Westphalia (Düsseldorf, Wuppertal, Bochum) and Berlin
  • Online expert discussion with the Ministry of Justice of Ukraine on the topic of recidivism of offenders

Outlook

IRZ will continue to support Ukraine to the best of its ability in the coming year and will continue to focus on the reform recommendations of the EU Commission, the accession negotiations and the joint working programme of the two Ministries of Justice. It will continue the legislative consultations outlined above in order to contribute to improving the investment climate for the reconstruction of Ukraine. Among others, IRZ will also support the implementation of the Administrative Procedure Act. As part of the ongoing cooperation, it will continue the professional exchange with the constitutional and administrative jurisdiction, which are paramount for the protection of fundamental rights, as well as the training of judges in order to further increase the resilience and independence of the judiciary.