The Ukrainian Bar Association (UBA) and its Human Rights Institute have launched the implementation of the project “Monitoring of Court Hearings under Article 438 of the Criminal Code of Ukraine and Analysis of Decisions on War Crimes and Crimes against National Security” (hereinafter referred to as the Project). This initiative is supported by the American people through the United States Agency for International Development (USAID) under the Justice for All Activity. The Project has received the endorsement of the Supreme Court and the Office of the Prosecutor General, along with expert assistance from the International Bar Association (IBA) and its Human Rights Institute (IBAHRI).

This initiative builds upon two earlier stages carried out by the UBA in 2023–2024 in cooperation with the USAID Human Rights in Action Project, implemented by the Ukrainian Helsinki Human Rights Union (UHHRU). The previous stages focused exclusively on war crimes, while the current Project also encompasses crimes against national security (Articles 111, 111-1, 111-2, and 436-2 of the Criminal Code of Ukraine).

More information on the results of previous stages can be found in the reports available here.

Project Objectives

1. Analyze court proceedings under Article 438 of the Criminal Code of Ukraine for compliance with international standards, particularly the elements of the right to a fair trial.
2. Identify systemic and isolated issues regarding adherence to international standards—both positive and problematic—and propose solutions.
3. Familiarize stakeholders with court practices related to war crimes and crimes against national security.

Key Project Implementation Stages

• Analysis of court decisions: November 1, 2024 – August 31, 2025.
• Monitoring of court hearings: November 25, 2024 – April 30, 2025.
• Presentation of results: Interim report in May 2025; final report in October 2025.

The monitoring of court hearings will cover Ukrainian regions where cases under Article 438 of the Criminal Code of Ukraine are considered. Based on information available from the “List of Court Cases Scheduled for Hearing” search system, the monitoring will include the cities and regions of Dnipro, Zaporizhzhia, Kyiv, Mykolaiv, Odesa, Sumy, Kharkiv, Kherson, Cherkasy, and Chernihiv.

Monitoring Methodology and Tools

Court monitoring will be conducted by experienced legal professionals using a specially developed Questionnaire, designed by the Project team in collaboration with international experts. The tool includes sections on:

• The right to a public hearing.
• The right to an independent and impartial tribunal.
• The right to participation and defense.
• Equality of arms.
• The presumption of innocence and the burden of proof.
• The right against self-incrimination and silence.
• The right to a trial within a reasonable time and effective judicial review.
• The right to translation.
• The right to liberty and personal security.
• The right to a public and reasoned court decision.

In this phase, the Questionnaire has been updated to include questions on safeguarding the rights of witnesses and victims, enabling a more comprehensive assessment of compliance with international standards.

Project Experts

The Project team consists of highly qualified professionals with expertise in criminal justice, the rule of law, and human rights. They possess skills in analyzing large datasets and applying statistical methods, ensuring a thorough and objective review of questionnaires and court decisions.

Experts include:

• Olha Salenko – Lead expert on questionnaire analysis, PhD in Law, Associate Professor of Justice Department, Taras Shevchenko National University of Kyiv.
• Zoya Zahynei-Zabolotenko – Lead expert on court decision analysis, Head of the Criminal Law and Criminology Department, Koretsky Institute of State and Law, National Academy of Sciences of Ukraine, Doctor of Law, Professor.
• Dmytro Hladkyi – Expert on court decision analysis, Founder and Head of "Hladkyi, Yatsenko and Partners" Law Firm.
• Iryna Demchenko – Expert on court decision analysis, Legal Counsel at a municipal enterprise, former Chief Specialist of the Supreme Court's Case Law Study Department (2018–2023).

Project Implementation Progress

The Project team has been equipped with the necessary skills and knowledge to effectively fulfill its objectives. During a training session held on November 14, 2024, monitors were introduced to the methodology for attending court hearings, the updated Questionnaire, and detailed instructions for their functions within the Project and reporting procedures.

Starting November 25, 2024, monitors began attending court hearings—an essential component of the Project.

On November 26, 2024, the Project was presented to key stakeholders. During this event, the Methodology for Monitoring Court Hearings under Article 438 of the Criminal Code of Ukraine and Analyzing Decisions on War Crimes and Crimes against National Security (Articles 111, 111-1, 111-2, and 436-2 of the Criminal Code) was introduced. The team explained how the proposed approaches would ensure objectivity, comprehensiveness, and compliance with international standards. The discussion generated lively feedback, with the UBA receiving support and constructive comments for further Project development.

The Project remains open to dialogue at all stages of implementation. If you have any suggestions or feedback, we would be happy to discuss them. Please contact Kateryna Pyshchyk at +38 (096) 742-71-07 or via email: kpyshchyk@uba.ua.
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Project ‘Monitoring of court hearings under Article 438 of the Criminal Code of Ukraine and analysis of decisions on war crimes and crimes against national security’ made possible with the support of the American people through the United States Agency for International Development (USAID) in framework of the Justice for All Activity.

The author’s views expressed in this publication do not necessarily reflect the views of the United States Agency for International Development or the United States Government.