Today on May 16, 2023, a coordination meeting took place in the High Council of Justice to clarify the actual possibility of restoring the functioning of the courts in Kherson region.
“The operation of the courts cannot be halted during the period of martial law. The access to justice must be ensured for citizens. At the same time, the safety of the participants in the judicial process, judges and court staff is of paramount importance. Therefore, the resolution of the issue regarding the resumption of the work of the courts in Kherson region remains relevant,” stated the Chairman of the High Council of Justice.
Hryhorii Usyk emphasized that it is crucial to prioritize creating safe working conditions, including providing mobile shelters, repairing court premises, restoring power supply, ensuring access to the internet and addressing personnel issues such as ending the secondment of judges and returning them to the courts in Kherson region.
The Head of the Kherson Court of Appeal, Oleksandr Korovaiko informed that the issue of resuming the operation of the courts has arisen since the de-occupation of Kherson region in November 2022. However, the situation has worsened due to ongoing shelling. Furthermore, some court buildings have been destroyed or partially damaged and looted. Currently, the reconstruction of the Kherson Court of Appeal building is underway. The material and technical infrastructure is prepared in such a way that the city and appellate courts could potentially commence operations from June 1, 2023. However, the current number of judges is insufficient to carry out judicial proceedings.
The Head of the Territorial Department of the State Judicial Administration of Ukraine in Kherson region, Mykola Miniailo, noted that for the courts in Kherson region to resume their activities, the functioning of other law enforcement agencies also needs to be restored. According to the Criminal Procedure Code of Ukraine, cases are heard in the courts where the investigative bodies are located. Since the investigative bodies of Kherson region are based in Mykolayiv, the cases are consequently being heard in Mykolayiv.
The Head of the Kherson Regional Prosecutor's Office Serhii Hrytsenko stated that since the beginning of the year, 120 citizens have been killed due to shelling and the situation may worsen.
During the discussion, the representatives of the High Council of Justice expressed the position that the State Judicial Administration of Ukraine should develop a clear plan of action that will enable the courts to resume their work within defined timelines.
It should be reminded that due to security threats in Kherson region, the High Council of Justice made a decision on April 27, 2023 to postpone the resumption of the Kherson Court of Appeal, Bilozerskyi, Velykooleksandrivskyi and Novovorontsovskyi district courts until June 1, 2023. Currently, the Odessa Court of Appeal, Kyivskyi, Malinovskyi, Prymorskyi and Suvorovskyi district courts in Odessa, Bilyaivskyi, Kominternivskyi district courts of Odessa region as well as the Teplodarskyi city court of Odessa region will continue to handle transferred cases until May 31, 2023 inclusive.