A round table on the topic of “Optimization of the court network: current state, challenges and prospects” was held in Kyiv. The event, which brought together a wide range of experts, was organized by the EU Project “Pravo-Justice”.
The discussion of various aspects of the upcoming changes in the network of local general courts was attended by representatives of the judiciary – the Supreme Court, the High Council of Justice, the High Qualification Commission of Judges of Ukraine, the Council of Judges of Ukraine, the State Judicial Administration of Ukraine and its territorial brunches, judges of local courts and courts of appeal; representatives of the Office of the President of Ukraine, people’s deputies from the relevant legal committee, international experts, experts from the EU Project “Pravo-Justice”, and members of the public.
Chairman of the High Council of Justice, Hryhorii Usyk, expressed his gratitude to the EU Project “Pravo-Justice” for organizing a professional discussion of an issue of extreme importance for the activities of the judiciary. He emphasized the need to exchange views on certain developments and proposals.
Chairman of the HCJ Hryhorii Usyk stressed that optimization of the network of local general courts is a component of the judicial reform, which is one of the most important conditions for Ukraine's progress on the path of European integration. “We need to take a balanced approach to this issue, taking into account all the real risks, the specifics of each region and the amount of resources required. Therefore, neither the legislator nor the judicial administration will be able to solve all the issues on their own. This case requires a systematic, comprehensive approach and joint actions. Including amendments to the legislation on territorial jurisdiction of cases”, – he said.
Hryhorii Usyk noted that the suggestion to optimize the network of local general courts in a particular region is a sound one, since it is extremely difficult to introduce a new network of courts simultaneously throughout the entire territory of Ukraine during the war.
Chairman of the Verkhovna Rada of Ukraine Committee on Legal Policy, Denys Maslov, emphasized that in order to achieve a positive result, the process of optimizing the network of local general courts should be treated with extreme caution, especially during martial law. It is necessary to work out all processes to the smallest detail, and not just enlarge the courts. In his opinion, under the current conditions, taking into account the security factor, it is advisable to begin the optimization process within one specific area and work out all possible problematic points and challenges on a pilot project. In particular, matters of material and technical, software support of courts, logistics of cases, payments to judges and employees of the apparatus in case of transfer or dismissal from the previous office, convoys, etc. To solve all these problems, there should be synergy with local self-government bodies and united territorial communities.
He noted that the working group within the Legal Committee, together with representatives of the judiciary, the Prosecutor's Office, and the National Police, prepared a map of courts that was proposed for consideration by the Office of the President of Ukraine. “I hope that eventually we will ultimately make the right decisions and be able to ensure their implementation,” the parliamentarian said.
Deputy Head of the Office of the President of Ukraine, Iryna Mudra, informed that work is currently underway to update the Justice System Development Strategy. One of the key measures to achieve the strategic goal of “Improving Access to Justice” of the draft Strategy is the review the network of local general courts taking into account administrative and territorial reform, economic viability, the number of appeals to the court and the need to ensure optimal conditions for access to justice for members of territorial communities.
She stressed the importance of developing a clear plan and roadmap for measures to optimize the network of local general courts, based on the results of professional discussions, which would allow for practical actions to be taken to address this issue.
President of the Supreme Court, Stanislav Kravchenko, noted that the reform of the court network is aimed at ensuring proper consideration of cases and judicial control in the context of personnel shortage in courts. “The optimized map of local courts will not only bring the courts into line with the requirements of the territorial structure, but also ensure effective judicial control and provision of judicial services, despite the shortage of judges in local courts and courts of appeal,” Stanislav Kravchenko emphasized.
Chairman of the High Qualification Commission of Judges of Ukraine, Andrii Pasichnyk, stressed that optimizing the court network is not an end in itself. “We focus on this issue in order to ensure citizens' access to justice,” he emphasized. The Chairman of the HQCJU pointed out the fact that the problem of court staffing, in particular the selection of new judges, remains equally important.
The head of the Zakarpattia Court of Appeal, Anna Fazykosh, said: “Balanced distribution of the workload, modernization of the judicial infrastructure and digitalization will contribute to the observance of reasonable timeframes for the consideration of cases, which in turn will improve the level of citizens` access to justice.” She presented pilot projects for enlargement of courts in Zakarpattia region, together with the head of the territorial brunch of the State Judicial Administration of Ukraine in Zakarpattia region, Oleksandr Koshynskyi, The concept of court enlargement in Lviv region was also presented.
Acting Head of the State Judicial Administration of Ukraine, Maksym Pampura, believes that the reform of local general courts should have a positive effect on equalizing the workload of judges, optimize expenditures from the state budget, bring the court network into line with the administrative and territorial division and get rid of Soviet court names.
Head of Section “Good Governance and Rule of Law” at the European Union Delegation to Ukraine, Asier Santillán Luzuriaga, recalled that one of the main tasks of Ukraine on the path to the EU is to ensure proper access to justice. An essential part of these efforts is a review of the court map in Ukraine, especially given the challenges posed by wartime. “Access to justice should be ensured throughout Ukraine and meet current requirements and needs,” he stressed. In his opinion, the optimization of the court network should ensure the optimal distribution of financial resources for the needs of the judiciary and guarantee the proper quality of justice.
The forum participants learned about foreign experience in optimizing the system of local general courts using the examples of Lithuania, Finland and Poland.