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
The Ukrainian Bar Association (UBA) and the UBA Human Rights Institute launched the project “Monitoring Court Hearings under Article 438 of the Criminal Code of Ukraine and Analyzing Decisions on War Crimes and Crimes Against National Security” in November 2024.
The initiative is implemented with the support of the American people through the United States Agency for International Development (USAID) under the Justice for All Program. The project is supported by the Supreme Court and the Office of the Prosecutor General, with expert assistance from the International Bar Association (IBA) and its Human Rights Institute (IBAHRI).
Project Objectives:
- Analyze court proceedings under Article 438 of the Criminal Code of Ukraine to assess their compliance with international standards, particularly the right to a fair trial.
- Identify systemic and isolated issues related to adherence to international standards—both positive and problematic—and propose solutions.
- Familiarize stakeholders with judicial practice concerning war crimes and crimes against national security.
Key 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: May 2025 (interim report) and October 2025 (final report).
The project was suspended on January 27, 2025.