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.
- ADRAlternative dispute resolution
- APAction Plan
- APU/PAUPresidential Administration of Ukraine
- ASSETBTCBar Training Centre
- CBChamber of Bailiffs
- CCConstitutional Court
- ВНЗВищі навчальні заклади
- CCBECouncil of Bars and Law Societies of Europe
- CCLAPCoordination Centre for Legal Aid Provision
- CEISCriminal Executive Inspection
- CEPEJEuropean Commission for the Efficiency of Justice
- CJ/CoJCouncil of Judges of Ukraine
- CJR/JRSCouncil for Justice Reform (or Justice Reform Council)
- CoE CMCoE Committee of Ministers
- CoE/CoECouncil of Europe
- CPCouncil of Prosecutors
- CPEPerformance Evaluation Framework
- CSOCivil society organizations
- DCMISDetainee case management system
- DFATDDepartment of Foreign Affairs, Trade and Development, Canada
- DG JustDirectorate-General for Justice and Consumers of the European Commision
- DOJUnited States Department of Justice
- EaPThe Eastern Partnership
- ECHREuropean Convention on Human Rights
- ECJEuropean Court of Justice
- ECtHREuropean Court of Human Rights
- EPPEvaluation of Prosecutors’ Performance
- EU MSEU Member State(s)
- EUEuropean Union
- EUAMEuropean Union Advisory Mission for Civilian Security Sector Reform Ukraine
- FLAFree Legal Aid
- FoIFreedom of information
- GDPGross domestic product
- GOU/GoUGovernment of Ukraine
- HACHigher Administrative Court
- HCCHHague Conference on private international law
- HCJHigh Council of Justice of Ukraine
- HEIHigh educational institutions
- PCFCoE/EU Eastern Partnership Programmatic Co-operation Framework
- PDPPersonal data protection
- PEEPerformance effectiveness evaluation
- PEOPrivate enforcement officer
- PFMPublic financial management
- PGProsecutor General
- PMFPerformance Management Framework
- PPOPublic Prosecutor’s Office
- PPPPublic-private partnership
- PRPublic Relations
- QALAQuality and Accessible Legal Aid Ukraine Project
- RBCRegional Bar Council
- RPORegional Prosecutor’s Office
- PQDCsRegional Qualification and Disciplinary Commission
- SCSupreme Court
- SDPStrategic development plans
- SEPSector expenditure plan
- HELPEuropean Programme on Human Rights Education for Legal Professionals
- HQCHigh Qualification Commission
- HQDCHigher Qualification and Disciplinary Commission
- HRHuman Resources
- HRTFHuman Rights Trust Fund
- HSCHigher Specialised Court
- IMFInternational Monetary Fund
- IMSInformation management system
- IOPInteroperability
- INLUS Department of State Bureau for International Narcotics and Law Enforcement Affairs
- IRZGerman Foundation for International Legal Cooperation
- ISInformation system
- ISDInternal Security Department
- JCsee CJ
- JITJoint investigative team
- JSRSJustice Sector Reform Strategy
- LPOLocal Prosecutor’s Office
- LPPLegal Professional Privilege
- M&E;Monitoring and evaluation
- MISManagement information system
- MOEMinistry of Education of Ukraine
- MOFMinistry of Finance of Ukraine
- MOHMinistry of Health of Ukraine
- MoI/MoIAMinistry of Internal Affairs of Ukraine
- MOJ/MoJMinistry of Justice of Ukraine
- MORMinistry of Regional Development, Construction, and Communal Living of Ukraine
- MOUMemorandum of Understanding
- MSPMinistry of Social Policy of Ukraine
- MTBFMedium-term budgetary framework
- NACBNational Anti-Corruption Bureau of Ukraine
- NALSNational Academy of Legal Science of Ukraine
- NAPUNational Academy of Prosecutors of Ukraine
- NBCNational Bar Council
- NCPNational Conference of Prosecutors
- NPMNational Preventive Mechanism
- NSJNational School of Judges
- OSCEOrganization for Security and Co-operation in Europe
- SGSSelf-governance system
- SGUASupport Group for Ukraine
- SITSpecial investigative techniques
- SJAState Judicial Administration of Ukraine
- SJGBSingle Judiciary Governance Body
- SLAService-level agreements
- SOPStandard operating procedures
- SPSState Penitentiary Service of Ukraine
- SSUSecurity Service of Ukraine
- TCTraining Centre
- THBTrafficking in human beings
- TOTTraining of trainers
- UNBAUkrainian National Bar Association
- USAIDUnited States Agency for International Development
- USAID FAIRThe FAIR Justice Project of USAID
- VETVocational educational training
- WGWorking Group
Action | Implementation Deadline | Performance Criteria | ||||
End of 2016 | End of 2018 | End of 2020 | Measures/Outputs | Responsible Body / Means | Outcomes | |
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 jurisdictions | 1. 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 - 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 - 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 - Improved regulation on obligatory preparatory stage in any type of proceedings, excluding certain types of proceedings where such a stage - Procedural rules promoting efficiency, including fast-track procedures for small and uncontested claims, (some) administrative offences - Administrative offences (strict liability offences) and misdemeanours dealt with by way of simplified procedural arrangements, while - Mechanisms in place to ensure timely resolution of disputes and counteract abuse of procedural rights through imposing effective - Sound regulatory basis in place to apply means of alternative dispute resolution, including mediation, arbitration and conciliation; - 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 | |||
2. Reviewed regulatory framework on jurisdictional competences | SJGB (HCJ, HQC, CJ),SC, HSCs, MOJ, Parliament / Decisions, statutes and rules amended | |||||
3. Reviewed regulatory framework on organisation of courts. Courts network optimised | SJGB (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 courts | SJA, CJ / Rules amended, practice guides, trainings | |||||
5. Reviewed regulatory framework on ADRs | MOJ, 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 proceedings | SC, HSCs, Appeal Courts, MOJ, Parliament / Decisions, statutes and rules amended | |||||
4. Reviewed regulatory framework on legal grounds for appeal in criminal process | SC, 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 judiciary | 1. Reviewed regulatory framework on privileges, other professional guarantees, and social protection of judiciary and courts staff | SJGB (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 services | 1. Improved facilities and estate at courts | SJA, 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 - 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 services | 1. Courts’ management information system (MIS), including electronic case management system, fully operational | CJ, 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), - 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 - 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
- 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%).
- 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).
- 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).
- 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).
- 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%).
- Progress noted by COE CM in implementation of general measures deriving from Volkov v. Ukraine judgment (baseline: 2015).
- 20 % annual decrease in findings by COE CM on failure to enforce individual measures in any ECHR judgment regarding Ukraine (baseline: 2015).
- 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).
- 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).