PANEL DISCUSSION

Right to a fair trial:

European tradition and Ukrainian context

 

The Panel discussion was opened by Pro-Rector for Academic Work of  National Law University Yuriy G. Barabash who stressed the significance of the issue discussed as it is devoted to the ways of solving problems concerning the implementation of civilized rules of administration of justice in Ukraine.

The members of the discussion focused on the question of putting into effect permanent procedural rules which entitle a person to the right of legal defence in case his/her rights are violated. Another direction of the discussion was considering problems of the Supreme Court formation as an institution without which it is impossible to provide guarantees of the right to a fair trial. A particular session was devoted to the issues of setting up an institution of constitutional complaint proceedings as an instrument to ensure a fair trial in Ukraine.

The first presentations were made by Bohdan Futey (USA) and Professor James Moliterno  (USA).

Both speaker were discussing the points of the right to a fair trial, those opportunities which a person obtains after implementation of guarantees of  the right to a fair trial into the legislation.

Ukrainian scholars – Olga Shilo, Doctor of Law, Professor and  Natalia Sakara, Ph.D. in Law (Yaroslav Mudryi National Law University) – devoted their presentations to the problems of implementation of guarantees of  the right to a fair trial in particular Criminal and Civil proceedings.

Judges Nadiya Stefaniv and Mykhailo Smokovych were focusing on the obstacles which appear while  realizing the international acts and national legislation regulations in courts.

The Bulgarian guest Milena Slaveykova-Rukova spoke about the influence of the European Court of Human Rights case law on the modernization of the legislation in her country.

Andrii Kozlov, the Member of the Highest Qualification Commission of Judges of Ukraine, Sujarko Tetjana, a judge of Kharkiv Commercial Court, Stanislav Pogrebniak, a member of the Qualification-Disciplinary Commission of Prosecutors, lawyers Dmytro Kuhniuk and Oleksandr Drozdov participated in the discussion.

The reports by Jörg Pudelka, Judge of the Administrative Court of Berlin (Germany) and by a Doctor of Law Vasil Lemak (Uzhgorod National University) dealing with constitutional complaint proceedings potential, which, first and foremost, helps to enhance the trust of private persons for the judiciary, caused vivid discussions.

 

Key speakers

Bohdan Futey, Doctor of Law, Professor – Judge of the United States Court of Federal Claims, Lawyer (USA)
James Moliterno, Doctor of Law – Vincent Bradford Professor of Law at Washington & Lee University School of Law (USA)
Jörg Pudelka – Judge of the Administrative Court of Berlin (Germany)
Milena Slaveykova-Rukova – Judge of the Administrative Court of Sofia (Bulgaria)
Nadiya Stefaniv – Judge of the Court of Appeal of Ivano-Frankivsk region
  Mykhailo Smokovych, Doctor of Law – Deputy Head of the Supreme Administrative Court of Ukraine
  Viktor Gorodovenko, Doctor of Law – Judge, President of the Court of Appeal of Zaporizhia Region
  Stanislav Pogrebnyak, Doctor of Law, Professor – Professor of the Theory of State and Law Department of the Yaroslav Mudryi National Law University
  Olga Shilo, Doctor of Law, Professor – Head of Criminal Process and Operational Activities Department of the Yaroslav Mudryi National Law University
  Tetiana Tsuvina, Ph.D. in Law – Assistant at the Civil Procedure Department of the Yaroslav Mudryi National Law University
  Natalia Sakara, Ph.D. in Law – Associate Professor of the Civil Procedure Department of Yaroslav Mudryi National Law University