On December 5-6, 2024, the Ukrainian Bar Association held the 13^th Judicial Forum. This is one of the largest and most influential legal events of the year, aimed at addressing key issues of Ukraine's judicial system, with a particular focus on the challenges posed by the ongoing war. The event was held with the support of the American people through the U.S. Agency for International Development (USAID) under the Justice for All Activity.

On the first day of the Forum, December 5, the UBA held a roundtable discussion on "The Role of Civil Society in Judicial Reform." The event became an important platform for bringing together representatives of civil society, the judiciary, and international experts to discuss the main challenges and ways to develop Ukraine’s judicial system.

Before the discussion began, Mykola Stetsenko, President of the UBA and Managing Partner at AVELLUM, delivered a welcome speech. He emphasized that the roundtable was not just a format for discussion but a symbol of unity and constructive collaboration. "We strive to avoid dead ends in discussions and work together to develop solutions," he added.

Speaking about the roundtable's topic, Mykola Stetsenko highlighted that few countries in the world have civil society playing as crucial a role in reform processes as it does in Ukraine.

The participants were also greeted by Brian LeDuc, Deputy Chief of Party at USAID Justice for All Activity.

"Civil society connects citizens, the judiciary, and state institutions to foster public trust and confidence, and the war has amplified the importance of this role. As Ukraine confronts the challenges of Russia’s full-scale invasion, civil society remains a key actor for strengthening democratic institutions and ensuring government accountability. The USAID Justice for All Activity will continue supporting collaboration between the government, judiciary, and civil society in building an independent, professional justice system aligned with European and international standards," noted Mr. LeDuc.

The first panel of the roundtable was titled "General tasks and challenges faced by CSOs in judicial reform in Ukraine." The discussion was moderated by Sergiy Gryshko, Head of the Queritius Kyiv Office, and Chairman of the UBA Committee on Procedural Law.

During the first panel, participants discussed the main challenges faced by civil society in the judicial reform process, as well as the coordination issues between civil society organizations and the government. Particular attention was given to the low involvement of activists in public councils, conflicts of interest, integrity of NGOs, and the prospects of transferring the functions of the Public Integrity Council to the newly updated High Qualifications Commission of Judges (HQCJ) in the future.

The panel featured:

• Andriy Savchuk, Partner at MORIS;
• Oleksandra Egert, Operations Director of the Agency for Legislative Initiatives;
• Ivan Mishchenko, Head of the Competition Commission for the Selection of Candidates to the HQCJ, Supreme Court Judge in the Commercial Court of Cassation;
• Mykola Stetsenko, UBA President, Managing Partner at AVELLUM;
• Dmytro Gudyma, Judge of the Supreme Court in the Civil Court of Cassation;
• Veronika Kreidenkova, Member of the Public Integrity Council, Advocacy Manager at the DEJURE Foundation;
• Oleg Yakymyak, Member of the Public Integrity Council, lawyer;
• Roman Sabodash, Member of the HQCJ;
• Oleksandr Sydelnikov, Legal advisor at USAID Justice for All Activity;
• Iryna Fedoriv, Co-founder and leader of the Golka civic initiative;
• Kateryna Butko, Head of the All-Ukrainian Union “Automaidan”, Head of the Public Council at the NACP.

The second panel focused on the staff shortage in the judiciary system and approaches to overcoming it. Participants discussed the formation and access to judicial dossiers, unification of integrity and professional ethics criteria, and motivating lawyers to participate in selection processes. A special block was dedicated to the role of civil society in reforming the bar.

The discussion in the second panel was moderated by Karyna Aslanian, Judicial reform expert at the Agency for Legislative Initiatives. The panel featured:

• Roman Sabodash, Member of the HQCJ;
• Kateryna Butko, Head of the All-Ukrainian Union “Automaidan”, Head of the Public Council at the NACP;
• Ivan Mishchenko, Head of the Competition Commission for the Selection of Candidates to the HQCJ, Supreme Court Judge in the Commercial Court of Cassation;
• Oleg Yakymyak, Member of the Public Integrity Council, lawyer;
• Oleksandr Sydelnikov, Legal advisor at USAID Justice for All Activity;
• Daria Pysarenko, Director of the Tomorrow’s Lawyer Program;
• Iryna Ursu, Legal advisor at USAID Justice for All Activity;
• Mykola Stetsenko, UBA President, Managing Partner at AVELLUM;
• Iryna Fedoriv, Co-founder and leader of the Golka civic initiative;
• Sergiy Gryshko, Head of the Queritius Kyiv office, Chairman of the UBA Committee on Procedural Law.

Specifically, Mykola Stetsenko warned about implementing bar reforms based on the models of reforms like the anti-corruption or judicial reforms. He reminded that the bar is a public, not a state institution, and it must remain independent.

Summing up the roundtable after its conclusion, Mykola Stetsenko stated:

"This roundtable is the first of its kind. We have created a unique platform that not only brought together key stakeholders but also rose above the controversies, ensuring a constructive dialogue. This approach is critical for the successful implementation of reforms. Thanks to the professional, comprehensive, and productive dialogue provided by the UBA, we can talk about strengthening the rule of law, participation in reforms, including the bar, and the implementation of transitional justice. Today’s joint interaction shapes the future of our legal system, and a unified voice is even louder."

On December 6, 2024, the focus of the second day of the 13^th Judicial Forum was on highly important issues facing Ukraine's justice system. Participants discussed law enforcement under martial law and the adaptation of judicial processes to modern challenges. Attention was also given to the strategy for the development of the justice system and constitutional justice.

Experts specifically concentrated on the outcomes of the first year of judicial reform following the European Commission's recommendations and explored whether the expected results had been achieved.

Representatives of the UBA also presented their proposals for changes to the procedural Codes. The discussion on ethics and responsibility in the interaction between the bar and the judiciary was equally important.

At the start of the event, Mykola Stetsenko, UBA President, Managing Partner at AVELLUM, welcomed the participants. He noted that the Judicial Forum has long been an important platform for discussing pressing issues of justice, and today its participants had gathered once again to reflect on the most current challenges and how to address them.

Mykola Stetsenko also extended his congratulations on Ukraine’s Armed Forces Day. He expressed special gratitude to the lawyers serving in the Ukrainian Armed Forces who are defending Ukraine from the Russian invasion. He urged everyone not to forget about the veterans, those currently in hospitals, and especially those suffering in Russian captivity. The participants observed a moment of silence in honor of all those who have given their lives defending the homeland.

Amanda Fagerblom, Rule of Law and Anti-Corruption Team Lead, Office of Democracy and Governance USAID/Ukraine, in her welcoming speech, emphasized:

"Today's discussion is pivotal as we delve into and address key issues facing Ukraine's judicial system, with a special focus on challenges arising from the Russia’s unprovoked and unjustified war against Ukraine. USAID remains committed to supporting Ukraine in its endeavours to reform the justice sector, and ensure the robust development of the legal profession. The United States stands with you in advancing accountability and laying the foundation for Ukraine’s post-war recovery, rehabilitation, and healing."

Participants were also greeted by Iryna Kobets, Partner and Head of Litigation Practice at LCF Law Group, a long-time General Partner of the Judicial Forum. She emphasized that Ukraine’s judiciary system has demonstrated resilience and independence over nearly three years of full-scale Russian aggression. Iryna Kobets also invited the Forum participants to engage in a fruitful discussion.

The first session of the Forum was dedicated to the current issues of law enforcement under martial law. The discussion was moderated by Sergiy Gryshko, Head of the Queritius Kyiv office, Chairman of the UBA Committee on Procedural Law.

Andrii Avtorgov, private enforcement officer, Deputy Chairman of the Board of the Association of Private Enforcement Officers of Ukraine, gave a presentation on the specifics of enforcing rulings concerning military personnel. He also discussed draft laws aimed at regulating certain aspects of this issue.

Volodymyr Vashchenko, Co-founding Partner, Head of Dispute Resolution Practice at VB Partners, presented a report titled “Impact of sanctions policy on private law relations: How to avoid harming bona fide businesses?”. He provided recommendations for businesses on how to protect their interests, including:

Transparency with the state;

• participation in leading business associations for joint representation and protection of interests;
• proactive approach when external risks are identified;
• ensuring the real ownership of assets and absence of influence from sanctioned individuals;
• GR communications to convey positions to the state;
• publicizing positions through the media;
• engaging embassies in defense (for businesses with foreign elements).

Olena Volianska, Partner and Head of Insolvency and Restructuring Practice at LCF Law Group, discussed the recovery of damages from the Russian Federation in bankruptcy proceedings and the international compensation mechanism, outlining the prospects and related challenges. She noted that there are currently 17 lawsuits in Ukrainian courts regarding the recovery of damages from Russia within bankruptcy proceedings, with 8 decisions made.

One of the key issues in damage recovery within bankruptcy is the limited time frame for the procedure and the termination of the affected person's rights without a mechanism for transferring the claim to Russia, emphasized Olena Volianska.

Vasyl Krat, Judge of the Supreme Court in the Civil Court of Cassation, addressed the issues of requisition under martial law. He provided an overview of requisition in the rulings of the Civil Cassation Court and explained whether the requisitioned property could be returned to its former owner before the end of the martial law regime.

Following this, a special interview with Viktor Dubovyk, Director General of the Legal Policy Directorate of the Office of the President of Ukraine took place. The conversation was moderated by Dmytro Gudyma, Judge of the Supreme Court in the Civil Court of Cassation, and Julian Khorunzhiy, Senior Partner at Ario Law Firm.

The interview focused on the Strategy for the Development of the Justice System and Constitutional Justice, particularly the tactics for its implementation.

According to Viktor Dubovyk, the strategy is designed for the period from 2025 to 2029. It is expected to be approved in January 2025, after which the Cabinet of Ministers will have three months to approve the operational plan for implementing the document.

Viktor Dubovyk revealed some details of the Justice System and Constitutional Justice Development Strategy, including the issue of decommunization of court names and the deployment of judges to courts in frontline areas.

He also touched on the creation of the Higher Administrative Court, the prospects of launching an IP court, and the qualification evaluation of judges of the dissolved District Administrative Court of Kyiv.

Viktor Dubovyk added that the strategy does not involve the complete liquidation of the institute of state enforcement officers, and a mixed system will remain — both private and state enforcement officers.

“Judicial Reform in Ukraine: One Year After the European Commission's Recommendations” was the topic of the second session of the Forum. The discussion was moderated by Vadym Medvedev, Partner at AVELLUM’s Tax and Litigation practices.

The experts for this session included:

• Hryhoriy Usyk, Chairman of the High Council of Justice;
• Andriy Pasichnyk, Chairman of the Commission – Head of the First Chamber of HQCJ;
• Volodymyr Kravchuk, Supreme Court Judge at the Administrative Cassation Court;
• Rasim Babanly, First Deputy Chief of Staff – Head of the Department of Analytical and Legal Work of the Supreme Court;
• Karina Aslanyan, Judicial Reform Expert at the Legislative Initiatives Lab;
• Tetiana Ognev'yuk, Chairman of the Board of the "DOBROSUD" Legal Association, Partner at AMBASSADORS, Attorney at Law.

The Forum audience was introduced to the Supreme Court’s perspective on the most relevant milestones of the judicial reform process. The speakers paid significant attention to the judicial reform roadmap, the evolution of approaches to integrity checks for judicial candidates, and issues of fairness in long-term competitive procedures.

Other important topics included the formation of a disciplinary inspector service and addressing the staffing shortage in the system.

The focus of the third session was on adapting the judicial process to modern needs. The discussion was moderated by Iryna Kobets, Partner and Head of Litigation Practice at LCF Law Group.

Leonid Sapelnikov, Deputy Head of the State Judicial Administration of Ukraine for Digital Development, Digital Transformation, and Digitalization, gave a presentation titled “Electronic Court: Development Directions.” He introduced the concept of the electronic court and the approaches to its development, as well as how the needs of key user categories for the e-court system were identified.

Bohdan Kryklyvenko, Chief of Staff of the High Anti-Corruption Court, discussed the e-Case Management System in criminal proceedings, highlighting how the full digital cycle works for processing search warrants, inspections, and temporary access to items and documents.

Paavo Randma, Judge of the Criminal Chamber of the Supreme Court of Estonia, spoke on “Digitalization of the Judicial Process: International Experience and Opportunities for Ukraine.” He shared insights into how the electronic court system functions in Estonia.

Svitlana Hlushchenko, Counsel at VB Partners, and Oleksandr Syvokozov, Private Enforcement Officer in the Dnipropetrovsk District, provided an overview of the digitalization of enforcement proceedings.

Olga Stupak, Judge of the Grand Chamber of the Supreme Court, presented the practice of the Court of Justice (EU Court) and the application of EU directives in Supreme Court decisions.

Olena Fonova, Judge-Speaker of the Economic Court of Luhansk Region, Co-founder of the MEC “Pro Justice” NGO, presented on “Figures and Facts About Remote Hearings: Analyzing the Practice in Ukrainian Court Proceedings.”

Following the session, Serhiy Gryshko, Managing Partner at Serhiy Gryshko Law Firm "Querytius Ukraine" and Head of UBA Committee on Procedural Law, presented proposals for amendments to the procedural Codes developed by the UBA working group. The presentation was moderated by Iryna Kobets, Partner and Head of Litigation Practice at LCF Law Group. The proposals can be viewed here: https://bit.ly/3VshiZd.

The fourth and final session of the XIII Judicial Forum was titled “The Bar and the Courts: Problems of Ethics and Responsibility.” The discussion was moderated by Andriy Savchuk, Partner at MORIS.

At the opening of the session, Andriy Savchuk reminded the audience that the issue of ethics and responsibility of both lawyers and judges had been a focus of last year’s Judicial Forum. He mentioned that it had become clear that this topic remains urgent and relevant, so it was decided to continue the discussion this year.

The discussion featured:

• Olena Kibenko, Judge of the Supreme Court in the Commercial Cassation Court;
• Roman Maselko, Member of the High Council of Justice;
• Andriy Misiats, Acting Head of the HQCIA;
• Darya Pysarenko, Executive Director of the NGO "Advocate of the Future";
• Denys Bugay, Co-founding Partner, Head of White-Collar Crime Practice at VB Partners;
• Kseniia Prokhur, Counsel at Baker McKenzie;
• Hanna Lazarchuk, Member of the Bar Council of Ukraine from Rivne Region.

The speakers discussed the issues and prospects of bar reform, as well as judicial ethics. They also debated the responsibility of both judges and lawyers, concluding with the topic “Corruption vs Ethics: A Game Without Rules.”

A photo report from the event is available here.

The UBA expresses its sincere gratitude to the American people for supporting the 13th Judicial Forum through the U.S. Agency for International Development (USAID) under the Justice for All Activity.

We also thank the following for their support in organizing the event:

• General Partner: LCF Law Group;
• Official Partners: AVELLUM, VB PARTNERS;
• Partners: Ario Law Firm, MORIS, Queritius;
• Socially Responsible Partners: Association of private executors of Ukraine, AMBASSADORS, Baker McKenzie.