Chapter 4

Increasing Efficiency of Justice and Streamlining Competences of Different Jurisdictions

Optimisation of the courts network and streamlining of courts’ competences (jurisdiction) is necessary to ensure balance distribution of cases, while also allowing each jurisdiction to perform its role with requisite degree of fairness. Revamping of jurisdictions at the vertical level is necessary to both deal with case-loads, while also promoting greater uniformity of practice. In addition, information technologies are key tools available to improve both the access to justice and efficiency of the courts’ case and performance management. Efforts in strengthening the e-justice capabilities of the courts will focus on the courts internal (case management systems) and external (websites) information systems (IS), including seeking greater interoperability of the courts IS with those of other justice sector actors. Increased use of e-justice will enable users to apply to a court, pay for the court services, participate in the proceedings and receive all the relevant documentation by electronic means. Judges, in turn, will be enabled to fully manage and track cases electronically, allowing them to more efficiently manage their resources and increase productivity, while improving the life/work balance.

Shortcuts
  • ADR
    Alternative dispute resolution
  • AP
    Action Plan
  • APU/PAU
    Presidential Administration of Ukraine
  • ASSETBTC
    Bar Training Centre
  • CB
    Chamber of Bailiffs
  • CC
    Constitutional Court
  • ВНЗ
    Вищі навчальні заклади
  • CCBE
    Council of Bars and Law Societies of Europe
  • CCLAP
    Coordination Centre for Legal Aid Provision
  • CEIS
    Criminal Executive Inspection
  • CEPEJ
    European Commission for the Efficiency of Justice
  • CJ/CoJ
    Council of Judges of Ukraine
  • CJR/JRS
    Council for Justice Reform (or Justice Reform Council)
  • CoE CM
    CoE Committee of Ministers
  • CoE/CoE
    Council of Europe
  • CP
    Council of Prosecutors
  • CPE
    Performance Evaluation Framework
  • CSO
    Civil society organizations
  • DCMIS
    Detainee case management system
  • DFATD
    Department of Foreign Affairs, Trade and Development, Canada
  • DG Just
    Directorate-General for Justice and Consumers of the European Commision
  • DOJ
    United States Department of Justice
  • EaP
    The Eastern Partnership
  • ECHR
    European Convention on Human Rights
  • ECJ
    European Court of Justice
  • ECtHR
    European Court of Human Rights
  • EPP
    Evaluation of Prosecutors’ Performance
  • EU MS
    EU Member State(s)
  • EU
    European Union
  • EUAM
    European Union Advisory Mission for Civilian Security Sector Reform Ukraine
  • FLA
    Free Legal Aid
  • FoI
    Freedom of information
  • GDP
    Gross domestic product
  • GOU/GoU
    Government of Ukraine
  • HAC
    Higher Administrative Court
  • HCCH
    Hague Conference on private international law
  • HCJ
    High Council of Justice of Ukraine
  • HEI
    High educational institutions
  • PCF
    CoE/EU Eastern Partnership Programmatic Co-operation Framework
  • PDP
    Personal data protection
  • PEE
    Performance effectiveness evaluation
  • PEO
    Private enforcement officer
  • PFM
    Public financial management
  • PG
    Prosecutor General
  • PMF
    Performance Management Framework
  • PPO
    Public Prosecutor’s Office
  • PPP
    Public-private partnership
  • PR
    Public Relations
  • QALA
    Quality and Accessible Legal Aid Ukraine Project
  • RBC
    Regional Bar Council
  • RPO
    Regional Prosecutor’s Office
  • PQDCs
    Regional Qualification and Disciplinary Commission
  • SC
    Supreme Court
  • SDP
    Strategic development plans
  • SEP
    Sector expenditure plan
  • HELP
    European Programme on Human Rights Education for Legal Professionals
  • HQC
    High Qualification Commission
  • HQDC
    Higher Qualification and Disciplinary Commission
  • HR
    Human Resources
  • HRTF
    Human Rights Trust Fund
  • HSC
    Higher Specialised Court
  • IMF
    International Monetary Fund
  • IMS
    Information management system
  • IOP
    Interoperability
  • INL
    US Department of State Bureau for International Narcotics and Law Enforcement Affairs
  • IRZ
    German Foundation for International Legal Cooperation
  • IS
    Information system
  • ISD
    Internal Security Department
  • JC
    see CJ
  • JIT
    Joint investigative team
  • JSRS
    Justice Sector Reform Strategy
  • LPO
    Local Prosecutor’s Office
  • LPP
    Legal Professional Privilege
  • M&E;
    Monitoring and evaluation
  • MIS
    Management information system
  • MOE
    Ministry of Education of Ukraine
  • MOF
    Ministry of Finance of Ukraine
  • MOH
    Ministry of Health of Ukraine
  • MoI/MoIA
    Ministry of Internal Affairs of Ukraine
  • MOJ/MoJ
    Ministry of Justice of Ukraine
  • MOR
    Ministry of Regional Development, Construction, and Communal Living of Ukraine
  • MOU
    Memorandum of Understanding
  • MSP
    Ministry of Social Policy of Ukraine
  • MTBF
    Medium-term budgetary framework
  • NACB
    National Anti-Corruption Bureau of Ukraine
  • NALS
    National Academy of Legal Science of Ukraine
  • NAPU
    National Academy of Prosecutors of Ukraine
  • NBC
    National Bar Council
  • NCP
    National Conference of Prosecutors
  • NPM
    National Preventive Mechanism
  • NSJ
    National School of Judges
  • OSCE
    Organization for Security and Co-operation in Europe
  • SGS
    Self-governance system
  • SGUA
    Support Group for Ukraine
  • SIT
    Special investigative techniques
  • SJA
    State Judicial Administration of Ukraine
  • SJGB
    Single Judiciary Governance Body
  • SLA
    Service-level agreements
  • SOP
    Standard operating procedures
  • SPS
    State Penitentiary Service of Ukraine
  • SSU
    Security Service of Ukraine
  • TC
    Training Centre
  • THB
    Trafficking in human beings
  • TOT
    Training of trainers
  • UNBA
    Ukrainian National Bar Association
  • USAID
    United States Agency for International Development
  • USAID FAIR
    The FAIR Justice Project of USAID
  • VET
    Vocational educational training
  • WG
    Working Group
ActionImplementation DeadlinePerformance Criteria
End of 2016End of 2018End of 2020Measures/OutputsResponsible Body / MeansOutcomes
Area of Intervention 4.1
Increased Efficiency through Streamlined Horizontal and Vertical Jurisdictions
4.1.1 Optimisation of courts network, management of court resources and streamlining of jurisdictions1. Reviewed procedural regulatory framework in all types of process, promoting efficiency in case handling. New courts network in place.
Court fees reviewed.
SJGB (HCJ, HQC, CJ), SC, HSCs, MOJ, Parliament / Decisions, statutes and rules amended- Clear-cut criteria and mechanisms for delineation of administrative, commercial and general (civil and criminal) jurisdictions

- Courts network optimised after careful gap analysis and impact assessment, with interests of efficiency and fairness duly taken into
account;

- consolidation of courts at various levels (in particular, creation of inter-district courts, consolidation of appeal regions)

- Increased use of court fees and other paid services to cover expenses of the justice sector; higher court fee rates in property and other
types of civil litigation, while retaining adequate degree of access to justice;

- Optimised administrative staffing of courts depending on workload of judges

- Problem of temporary workload fluctuations due to unforeseeable increase of cases in the court and staff turnover through the Mechanism
of seconding judges to other courts in place

- Improved regulation on obligatory preparatory stage in any type of proceedings, excluding certain types of proceedings where such a stage
is irrelevant for effective protection of rights for time reasons (e.g. proceedings related to election process)

- Procedural rules promoting efficiency, including fast-track procedures for small and uncontested claims, (some) administrative offences
and misdemeanours

- Administrative offences (strict liability offences) and misdemeanours dealt with by way of simplified procedural arrangements, while
providing minimum guarantees requisite for ‘fairness of criminal proceedings’

- Mechanisms in place to ensure timely resolution of disputes and counteract abuse of procedural rights through imposing effective
procedural restrictions on liable parties for failure (without good reason) to demonstrate ‘best effort’, provide or conceal evidence etc.

- Sound regulatory basis in place to apply means of alternative dispute resolution, including mediation, arbitration and conciliation;
enhancement of list of categories of cases to be resolved by arbitrators or to be considered by courts in simplified proceedings; effective
procedural mechanisms in place to prevent consideration of cases in absence of litigation between parties

- In criminal proceedings the decision of the jury can not be appealed.

- Improved the requirements for procedures for appeal and cassation complaints.

- Improved criminal procedure legislation to implement the procedure, depending on the extent of the offense.

- The possibility of failure in case of cancellation of the decision of the lower court, the case for returning to the court of lower level
than in exceptional circumstances when it can not be solved appeal or cassation, particularly because of serious procedural violations at
the lower level.

2. Reviewed regulatory framework on jurisdictional competencesSJGB (HCJ, HQC, CJ),SC, HSCs, MOJ, Parliament / Decisions, statutes and rules amended
3. Reviewed regulatory framework on organisation of courts. Courts network optimisedSJGB (HCJ, HQC, CJ), SC, HSCs, MOJ, Parliament / Decisions, statutes and rules amended, budgetary provisions made, new, organigrammes, job descriptions and placement plans prepared and implemented
4. Reviewed HRM rules of courts, introduce secondment to other courtsSJA, CJ / Rules amended, practice guides, trainings
5. Reviewed regulatory framework on ADRsMOJ, Parliament / Statutes and rules amended
4.1.2 Development of system of review of judicial decisions to improve accessibility and efficiency of justice, promote uniformity of practice and better reasoning of court decisions [1]1. Reviewed regulatory framework on role of rules of court and judicial practice in admissibility of and examination of case at all
instances
SC, HSCs, Appeal Courts, MOJ, Parliament / Decisions, statutes and rules amended- Time-limit for appeal calculated from notification of decision on merits (in its full or partial form);

- Ability for party to withdraw or discontinue appeal at any stage

- On appeal in civil and administrative process, higher stamp duty and court fees than at 1st instance

- Reduced rights of 3rd parties in all types of process, including victim in criminal process, to intervene on appeal

- In case of reversal of lower decision, no remittals to lower court as matter of principle; new

- Exceptional nature of review at 3rd instance in all types of process

2. Reviewed regulatory framework on statutory exclusions from appeal and admissibility of appeals (at 2nd and 3rd instance) in
civil/commercial and administrative disputes. Clarification of distinction of scope of review on points of fact and points of law in statute, practice and theory, including questions of ex officio powers of higher court and exercise of judicial discretion
SC, HSCs, Appeal Courts, MOJ, Parliament / Decisions, statutes amended
3. Reviewed regulatory framework on reconsideration (review) of cases in all types of proceedingsSC, HSCs, Appeal Courts, MOJ, Parliament / Decisions, statutes and rules amended
4. Reviewed regulatory framework on legal grounds for appeal in criminal processSC, HSCs, Appeal Courts, MOJ, Parliament / Decisions, statutes amended
Area of Intervention 4.2
Increased Efficiency and Accessibility of Courts through improved Socio-Economic Conditions and Court Facilities
4.2.1 Development of socio-economic conditions at judiciary1. Reviewed regulatory framework on privileges, other professional guarantees, and social protection of judiciary and courts staffSJGB (HCJ, HQC, CJ), , MOJ, Parliament, SC, HSCs / Decisions, statutes and rules amended- Judiciary and courts staff are reasonably remunerated and protected through salary, benefits, and insurance plans established by law,
depending on their role, experience and other clear and objective criteria- Judiciary and courts staff are able to perform their functions in secure environment, and are entitled together with their families to be
protected by State

- Effective mechanisms in place to complain about failure of State to honour its obligations to judiciary and courts staff

4.2.2 Development of accessibility and of court facilities for users of court services1. Improved facilities and estate at courtsSJA, SJGB (HCJ, HQC, CJ), MOJ / Decisions, feasibility studies, procurement conducted- User satisfaction surveys used as key factors in deciding on any infrastructure developments in courts

- Projections for required facilities of courts and their foreseen structure and type supported by evidence from studies and reflected in
relevant policies

- Functional model of court premises in compliance with the level, specialisation and location, developed

Pilot projects on equipment of court premises in accordance with the developed functional model implemented

- Greater employment of public-private partnerships in provision of all services to courts

- Greater competition between various service providers

2. Reviewed regulatory framework on public-private partnerships (PPPs) in provision of services to courts.SJA, SJGB (HCJ, HQC, CJ), MOJ, Parliament / Decisions, statutes and rules amended, MOUs, reports
Area of Intervention 4.3

Increased Efficiency through Use of Information Systems [2]
4.3.1Improvement in use of information systems (IS) for greater delivery of e-justice services1. Courts’ management information system (MIS), including electronic case management system, fully operationalCJ, HCJ, SJA, HQC, NSJ, Courts/ Decisions, MOUs, feasibility study, Implementation Master Plan, hardware and software in place, trainings, manuals, review reports- Full electronic management of all institutional functions

- Full electronic case management and tracking (before higher review instances), e-notification, e-summons, e-trial (in some cases),
e-payment, random case assignment, audio or video recording of all hearings, internal jurisprudence data-base information system,
legislative data-base information system

- Fully licenced electronic case management system, incorporating personal data protection (PDP)

- Developed and approved the action plans for salvation of the system data, and in the case of emergencies.

- Interoperability of IS with those of other State and non-State actors

- User-friendly websites of courts with search engines allowing to link search for legislation with search for practice of SC and other
higher courts under that legislation

- Automated or on-line systems for measuring user satisfaction

[5] Also see Sub-Chapter 2.2 below on appeals system reform in criminal process, which additional focus on principles of fairness and defence rights.

[6] For more detailed analysis on interventions in coordinated management of information systems and interoperability, see Sub-Chapter 4.2 below.

Impact Indicators for Chapters 1-4

  1. User satisfaction surveys (conducted as part of judiciary performance management system, or by external observers) attest increased trust of society in judiciary generally, and its independence and competence in particular (baseline: 2015; suggested 2016 target - increase by 5%; 2018 target - increase by 15%; 2020 target - increase by 25%).
  2. Trial monitoring surveys conducted by external observers attest improvement of affairs in fairness of proceedings in same selected court, appellate region or jurisdiction (baseline: 2015).
  3. 10 % annual decrease in number of structural violations found by ECHR with regard to decisions taken by Ukrainian judiciary (baseline: relevant ECHR judgments pronounced in 2015; only pilot judgments or repetitive cases taken into account).
  4. 5 % annual decrease in number of cases at ECHR establishing divergences in practice of Ukrainian courts in applying national legislation, or establishing breaches of independence or impartiality of tribunal, or fairness of proceedings or defence rights, or ‘reasonable time’ requirement (baseline: relevant ECHR judgments pronounced in 2015).
  5. Improved implementation of general measures in view of any ECHR judgment regarding Ukraine (baseline: number of pending cases before the COE Committee of Ministers (COE CM) where general measures are indicated at end of 2015; suggested 2018 target - total decrease by 15%, decrease of enhanced supervision cases by 25%; 2020 target - total decrease by 25%, decrease of enhanced supervision cases by 35%).
  6. Progress noted by COE CM in implementation of general measures deriving from Volkov v. Ukraine judgment (baseline: 2015).
  7. 20 % annual decrease in findings by COE CM on failure to enforce individual measures in any ECHR judgment regarding Ukraine (baseline: 2015).
  8. Ukraine’s standing in various relevant international indices relating to performance of judiciary improves, including Governance Indicators and Rule of Law Index (World Bank Institute), World Economic Forum (WEF) Global Competitiveness Report, rankings by Freedom House, World Justice Project (Rule of Law Index), Transparency International (CPI etc.), Bertelsmann Stiftung Transformation Index (BTI), WB Doing Business Index (baseline: 2015).
  9. Acknowledgement of Ukraine’s progress in judiciary reform noted in EU reports and various policy dialogue documents, such as Association Agreement and Visa Liberalisation Action Plan implementation reports (baseline: 2015).