Online-discussion “Execution of national courts rulings in Ukraine”

On June 11, 2020, the Aspen Institute Kyiv conducted online-discussion “Execution of national courts rulings in Ukraine”.

In her greeting speech, Yuliya Tychkivska, Executive director of the Aspen Institute Kyiv, stressed the importance of observance of the right on the justice court without which the rest of human rights are defenseless. The constructive dialogue for searching for ways to solve the systemic problem of non-execution of court rulings in Ukraine exists within the execution of rulings of the European court of human rights by Ukraine.

At the event took part representatives of key stakeholders on the execution of rulings topic in Ukraine: Pavlo Pushkar, head of Department of execution of rulings of the European court of human rights by European Council; Valentyna Danishevska, the Chairman of the Supreme Court; Denys Maliuska, Minister of Justice of Ukraine Міністр; Ivan Lischyna, Vice Minister of Justice of Ukraine – Government Agent before the European Court of Human Rights; Roman Babiy, Head of sub-committee on Enforcement of Judgments of the European Court of Human Rights and Alternative Dispute Resolution Committee of Verkhovna Rada on Legal Policy; Oleksandr Vodyannikov, the National Legal Advisor managing a portfolio of projects with Rule of Law and Human Rights Programme of the OSCE Project Co-ordinator in Ukraine; Denys Bugai, President of the Ukrainian Bar Association and Andriy Avtorgov, private executor, head of subcommittee on enforcement of Competition Law Review Committee of  the Ukrainian Bar Association.

While discussing the topic of execution of rulings, participants paid attention to key aspects of the issue, including:

• >> Non-execution of rulings of the European court of human rights by Ukraine;
• >> expectations of Committee of Ministers of the Council of Europe from Ukraine within its international-legal obligations;
• >> perspectives of activities of new organized Committee on executions of the European court of human rights rulings;
• >> the existence of moratoriums that do not allow the execution of court decisions on certain categories of cases or specific categories of debtors;
• >> challenges of activity of State Executive Service of Ukraine and private executors;
• >> legal nihilism as a systematic phenomenon in Ukraine and the necessity of rising legal culture;
• >> procedural abuses by participants in the trial.

Online-discussion was conducted within the realization of the program “Justice, law and society” off the record. To participate in the discussion were invited members of Aspen-community, that have had an opportunity to share with their vision of the situation.

We express our appreciation to the moderator of the discussion Taras Schevchenko, director of Center for Democracy and the rule of law.