In today’s legal system, the accuracy of argumentation, depth of analysis, and ability to anticipate the positions of higher courts are of critical importance. At the intersection of these elements, the Mock Hearing project was born—an initiative launched by the Ukrainian Bar Association. This is an innovative model for the preliminary discussion of legal arguments that could potentially be brought before the Supreme Court.

Olesia Khyzhavska, a member of the UBA working group developing the mock hearing format, shared insights into the initiative and its value for the Ukrainian legal community in an article for Yuridychna Gazeta.

What is a Mock Hearing?

A mock hearing is an institutionally structured simulation of a court proceeding, in which practicing lawyers have the opportunity to test and refine their arguments on pressing legal issues. The goal is to analyze complex legal questions before they are brought before the Supreme Court, in a simulated setting that closely mirrors real-life courtroom conditions.

Simulating a court hearing under conditions as close to reality as possible enables legal professionals to:

• identify potential weaknesses in legal arguments before a ruling is issued by the cassation court;

• assess the practical effectiveness of the chosen legal position in light of existing case law;

• develop persuasive, well-structured legal arguments grounded in a thorough analysis of the jurisprudence of the Supreme Court and the European Court of Human Rights.

This is more than just a training exercise — it is a legal laboratory where professionals test judicial arguments, exchange doctrinal approaches, and strengthen the culture of legal debate.

This is particularly important in cases involving a high degree of legal novelty — those that set precedents or shape the direction of legal doctrine.

It also reinforces trust in the judicial system, as society sees that legal reasoning is developed transparently, professionally, and with respect for international standards.

International context

International experience serves as an important benchmark for the development of such initiatives in Ukraine. Similar projects are already successfully operating in many countries around the world — in particular, Moot Court Competitions held in the United States, the United Kingdom, and Canada. These are academic contests where law students compete in presenting legal arguments before judges simulating real courts.

In the United States, Moot Court programs are an integral part of legal education and professional training. They provide a platform for testing new legal strategies and help legal professionals better understand potential developments in case law.

The United States also employs the practice of amicus curiae (“friend of the court”), through which organizations and experts submit legal opinions to the court, assisting judges in clarifying legislative and legal issues.

Why is this important for Ukraine?

The Mock Hearing project, initiated by the Ukrainian Bar Association, plays a significant role in advancing legal culture in the country. Its core aim is to assist the Supreme Court in resolving complex legal issues before final decisions are issued, by enabling lawyers and experts to analyze legal problems in realistic conditions. This approach will:

• Improve the quality of judicial decisions through preliminary testing of legal arguments.

• Enhance the professionalism of legal practitioners through practical courtroom simulations.

• Strengthen legal analysis in Ukraine — a crucial step toward better understanding and applying national legislation.

The involvement of experienced experts in the project will also contribute to the development of more substantiated and structured decisions that align with international standards and support the advancement of justice in Ukraine.