Report on the Participation of Members of the Association of Judges of Ukraine in the 60th Congress of the International Association of Judges

On November 12-16, 2017, the 60th International Congress of the Association of Judges of the World was held in Santiago, Chile.

The congress was attended by the Ukrainian delegation (members of the Association of Courts of Ukraine), including President of the Association of Judges of Ukraine Elena Ivanovna Yevtushenko (Judge of the Supreme Specialized Court of Ukraine for Civil and Criminal Cases), Member of the Association's Board of Directors, Judge of the High Specialized Court of Ukraine of Ukraine for the consideration of civil and criminal cases Kafidov O.V.; judge of the Kyiv Economic Court of Appeal Korotun O.M.; judge of the Svyatoshinsky District Court Kyiv Ulyanovska O.V.
The event was attended by representatives of judicial associations of 85 countries of the world, representatives of the United Nations, the European Union and the Commonwealth. The delegations of judges from the countries of the world — members of the Congress included judges of the Supreme, appellate and local courts.

In addition to representatives of international observers and NGOs, there was a delegation consisting of Dr. Mohamed El-Hadrawi and 2 professors Malika Shakura and Mohamed Alavi Marani under the leadership of the International Union of Judges in partnership with the National Assembly of Judges of Chile.
At the 60th anniversary International Congress of the Association of Judges of the World (as at the previous ones), the issues of protection of judges and the problematic issues that arise in some countries of Europe and the world regarding the urgent issues of the administration of justice and the independence of the judiciary were discussed. Including, regarding Turkey, Poland, Bulgaria. The situation in Turkey is still a matter of concern to the judicial community and the IAA is actively involved in supporting judges who are brought to justice by the current Turkish authorities.
In the process of discussing reports, the participants of the congress adopted resolutions on the position and social protection of judges of these countries and discussed issues regarding the resolution of conflict situations that occurred in these countries, in particular Bulgaria.

Thus, despite appeals from various public organizations, the draft on amendments to the Law “On the Judiciary in Bulgaria” was only partially withdrawn (which provides: notification by judges and prosecutors of whether they are members of the organization of masters; financing of their activities only through contributions of participants, commissions or donations that are also made only by their members; prohibiting judges and prosecutors from receiving fees for lectures, expert research, if such activities are funded by a “foreign state or person”). The draft also provides for the right of members of the current Supreme Judicial Council to return to the judiciary or prosecutor's office to the same position they held before their election. Professional associations of judges and prosecutors, as well as about 20 non-governmental organizations, made public statements asking for the draft to be withdrawn as unconstitutional. However, it was approved in the first reading by a majority of parliamentarians. The above mentioned and stipulated the partial withdrawal of the draft, therefore, the adoption of a resolution at this congress on the support of the Bulgarian judges is urgent.
The concerns of Polish judges were discussed. The Minister of Justice of this country openly stated that the prerequisite for the “reforms” of the judicial system in Poland is the “destruction” of the Constitutional Court in the first place. The report was heard in the legislative “struggle” of the Polish Association of Judges “Justice” regarding three laws on the judiciary, one of which has already entered into force by the decision of the President.

During the work of this congress, the areas of activity of the European Association of Judges were defined.

The report on the work done (May-November 2017) was supported; the International Charter of Judges was announced and supported.
The congress consisted of four parts (educational commissions), the first of which dealt with the issue of judicial independence (international conference “Judicial Independence and Judicial Self-Government”), in which the Ukrainian delegation took part. The second is the issue of electronic (digital) appeal in civil law. The third concerned the definition of criminal penalties. And the fourth - the norms of social law. The Ukrainian delegation took part in the commission, which discussed the issue of independence of judicial bodies, and in working order with the delegations of judges of Moldova and the Baltic countries discussed problematic issues and prospects for further development (cooperation) on the second direction (electronic court) in small format, in particular, in Ukraine, taking into account the experience of these countries.

The issue of the draft Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms was actively discussed. Thus, back in May 2016, the Jerusalem Assembly of the European Association of Judges set the task of developing this draft, which would enshrine the basic rules on the independence of the judiciary. Although the working group prepared such a project and it was approved by the EAS in Chisinau, on 17 October 2017 there was a meeting with representatives of the Council of Europe in Strasbourg (on behalf of the Council of Europe attended: David Milner, Deputy Head of the Secretariat of the Committee on Legal Affairs and Human Rights of the Parliamentary Assembly Alphonso de Salas, Secretary of the Steering Committee on Human Rights, Claudius Ringgielewicz, Judicial Registrar, Anna Juncher, Member of the General Secretariat, Simon Tonelli, Secretary of the European Committee for Legal Cooperation (CDCJ), remained relevant Satisfaction This question also at the Congress. Despite the fears of some Members that the Convention will not allow opening the way to the European Court of Human Rights, it would undoubtedly be a great success to open the way, for example, for judicial associations to such an appeal if the draft Protocol is adopted.

The Working Group provided recommendations to delegates at its meeting and drew attention to Recommendations and Resolutions 12/2010 as the best legal instrument (regarding the approach adopted by the Council of Advocates and Law Societies of Europe).
Despite the ambiguity of the issue, the political path is unlikely to be successful. However, for judges of Ukraine, any appeals and recommendations in this aspect are positive in the light of recent legislative changes in the field of judiciary.

President of the Association of Judges of Ukraine
Yevtushenko Olena Ivanivna