Member of the High Council of Justice Oksana Blazhivska is representing Ukraine at the General Assembly of the European Network of Councils for the Judiciary, which is holding its session in Athens these days.
In her speech, she drew attention to the fact that the High Council of Justice (hereinafter – HCJ) and the European Network of Councils for the Judiciary (hereinafter – ENCJ) have had friendly relations for a long time. “We seek closer cooperation with ENCJ as we see it as a unique opportunity to establish direct contacts with representatives of more than twenty EU judicial councils and EU candidate councils to share experiences and best practices on the functioning of the judiciary and cooperation with other branches of power, ensuring independence and accountability of the judiciary in order to promote impartial, high-quality and efficient justice within reasonable timeframes and in the interests of all citizens,” she said.
Oksana Blazhivska noted that the HCJ is also open and interested in cooperation at the bilateral level: “We invite Presidents and Members of the Councils for the Judiciary to establish closer contacts with the High Council of Justice by concluding memorandums of cooperation and their further implementation in practical terms.”
The member of the High Council of Justice expressed gratitude to European colleagues for effective support of our state at such a tragic time for Ukraine and critical for the whole of Europe.
“It is crucial for us to feel that we are not left alone to face the brutal russian invader who has violated the internationally recognized borders of a sovereign state and commits war crimes and crimes against humanity in Ukraine, destroying cities and villages, killing thousands of people, including children. Today, in the heroic struggle Ukrainians are sacrificing their lives for the rule of law rather than the law of force to prevail on the continent,” said Oksana Blazhivska.
She emphasized that from the first days of the war, representatives of the judiciary together with their people stood up for the defense of the Homeland, our right to live in a free European state, and told colleagues about the European integration steps taken in the legal sphere. She noted that the successful judicial reform in Ukraine is one of the catalysts for integration into the European Union. As part of the judicial reform, Ukraine is doing everything possible to introduce high international standards and overcome the stereotype of low level of public trust in the judiciary in Ukraine. During the war, Ukraine goes on taking steps to get full membership in the European Union.
In the course of the report, Oksana Blazhivska informed on the problems and challenges that the judiciary of Ukraine facing because of the military aggression (attack) of russian invader against our state. According to preliminary information from the State Judicial Administration of Ukraine, the invaders killed one judge, four employees of the court staff, injured 4 employees of the court staff; there is no contact with two judges and 36 employees of the court staff. 99 appellate and local courts do not administer justice. 74 premises are damaged or completely destroyed (67 premises of judicial institutions were damaged, 7 Ukrainian court premises are completely destroyed). There are 66 courts located in the territories temporarily not under the control of Ukrainian authorities, 84 courts have been and continue to be in the territory of Ukraine temporarily occupied by the russian invader. The territorial jurisdiction of 132 courts was changed. 34 courts in the territories liberated from the aggressor country’s occupation restarted administering justice again. Judges and court staff return to damaged, often looted by russian plunderers courthouses with aim to ensure the protection of citizen’s rights. Judges in extremely difficult conditions have been administering justice. Since the beginning of the war, the courts rendered 1,179,517 judgments.
The member of the HCJ noted that in conditions of war and the constant need for additional funds for the army, the issue of securing funding for the judiciary is acute. After all, significant amounts of money will have to be spent on reconstructing court premises and securing logistical needs. Ukraine needs financial and expert assistance to address this issue.
“Member States of the European Union currently provide material support and assistance to the Armed Forces of Ukraine and other military formations. However, the justice system of Ukraine actually needs support, so I believe there is a need to establish a European Judicial Fund (European fund for judicial bodies assistance), the main purpose of which would be to provide support and assistance to judges, Ukrainian court staff and, subsequently, the Member States of the European Union, as well as assistance in resuming the work of courts by rebuilding them. Besides, I would like to make a request to the Councils for the Judiciary of the EU Member States to initiate the provision by international legal organizations with support and advisory or other assistance related to legal protection, when resolving issues arising from citizens of Ukraine who are forced to stay on the territory of other states,” Oksana Blazhivska emphasized.
She reminded that in accordance with the resolution of the Parliamentary Assembly of the Council of Europe adopted on April 28, 2022, anyone involved in crimes against humanity committed during the war in Ukraine and in the possible genocide of Ukrainians will be prosecuted under international law. The same fate should befall the leadership of the aggressor country for crimes against peace.
Oksana Blazhivska noted that the President of Ukraine Volodymyr Zelenskyi suggests establishing a special international tribunal to investigate military crimes, which could provide a legal assessment of the evidence of aggression of russian's invader against Ukraine, which is obvious. The establishment of such a mechanism in no way prevents the jurisdiction of the International Criminal Court, from which Ukraine awaits decisions on crimes of genocide, war crimes and crimes against humanity. In addition, the creation of a special international arbitration is initiated, which will be an effective mechanism for turning the frozen assets of the aggressor country abroad into compensation for Ukrainians affected by the invaders’ actions. Ukraine expects to establish these international institutions in the near future.
“The High Council of Justice supports the initiatives of the President of Ukraine Volodymyr Zelenskyi. Therefore, on behalf of Ukraine, I kindly ask the international judicial community and the Councils for the Judiciary in Europe to join and support the idea of establishing a special tribunal and international arbitration. I sincerely hope that the governments of each friendly countries, including Councils for the Judiciary of these countries, will continue to make every effort to put an end to russian aggression. And they will also facilitate the prosecution of perpetrators in the International judicial institutions,” she said.
The HCJ member stressed that Ukraine is proud of its cooperation with the European Union, EU Councils for the Judiciary, Ukraine is grateful for the support and welcomes the expert and technical assistance for the post-war restoration of the judiciary. It is also important for us to receive expert advice while amending the legislation in force.
“By working together, we will be able to bring closer the day when a free, unified, sovereign Ukraine will become equal in the European Community of States,” Oksana Blazhivska stressed.