VIII Judicial forum

TRIAS POLITICA: COURT IN THE SYSTEM OF STATE POWER

October 3-4 | Hilton Kyiv Hotel

Welcome to the VIII Judicial Forum - one of the largest and most influential events of the year on the legal market of Ukraine.

The main goal of the event is to discuss topical issues related to the functioning of the judicial system in Ukraine with the representatives of judicial institutions, international and national experts. You will see such representative among the participants of the forum: judges of the Constitutional Court of Ukraine, of the Supreme Court, representatives of the Supreme Council of Justice, , the Supreme Qualification Commission of Judges of Ukraine, the Ministry of Justice of Ukraine, judges and practicing lawyers, international experts, representative s of the Council of Europe, and the Media.

This year, the topic of the forum is “TRIAS POLITICA: Judiciary in the system of state power”. The event is organized by the Ukrainian Bar Association in cooperation with the Council of Europe project “Support to the implementation of the judicial reform in Ukraine. The program coordinator of the event is Anna Ogrenchuk, a member of the Legal Reform Commission under the President of Ukraine, Chair of the UBA Procedural Law Committee, Managing Partner of the LCF Law Group.

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Program of the forum

 

Denys Bugay, President of the Ukrainian Bar Association, Partner at VB PARTNERS
Anna Ogrenchuk, Member of Legal Reform Commission under the President of Ukraine, Head of the UBA Procedural Law Committee, Managing Partner of LCF Law Group
Andrii Ovsiienko, Chairman of the High Council of Justice
Valeria Kolomiets, Deputy Minister of Justice of Ukraine
Mykola Onishchuk, President of the National School of Judges of Ukraine, Chairman of the Working Group on the Development of Legislation on the Organization of the Judiciary and the Administration of Justice of the Legal Reform Commission
Olena Lytvynenko, Deputy Head of the Council of Europe Office in Ukraine

Moderator
Olena Kibenko, Judge of the Grand Chamber of the Supreme Court

Key Speaker
Terry Anderson, Professor of Public Administration, Troy University, USA

In Focus
• Interaction of government branches during political and economic turmoil
• Consideration of judicial practice in legislative and executive activity
• International experience of building meaningful interaction of government branches when developing democracy

Moderators
Michael Shchur (Roman Vintoniv), TV journalist, actor, scriptwriter, musician
Illia Chernohorenko, Senior Project Officer of the Council of Europe Project “Support to the Implementation of the Judicial Reform in Ukraine”

Participants
Dovydas Vitkauskas, Head of the EU Project “Pravo-Justice”
Ivan Krulko, First Deputy Chair of the Budget Committee of the Verkhovna Rada of Ukraine
Oleg Makarov, Member of Parliament of Ukraine, Secretary of the Legal Policy Committee of the Verkhovna Rada of Ukraine
Ivan Lischyna, Deputy Minister of Justice of Ukraine - Ombudsman of the European Court of Human Rights
Bogdan Bondarenko, Expert on the Constitutional Direction of the Center for Political and Legal Reforms

In Focus
• Common goals and synergies: ways of efficient cooperation between the legislature, executive bodies and judiciary
• Interaction of government branches in the course of rule-making:
- Allowing for judicial risks when drafting regulations
- Financial and economic justification for the development and adoption of regulations
- Making prompt amendments to legal framework in case of identifying faults with the regulation when applied
• Court and Executive Power:
- Execution of national courts and the ECHR judgments (cases of Burmiсh and Ivanov)
- Binding nature of legal positions of the Supreme Court and liability of a public body for failure to apply them

15:45 - 16:15

Moderators
Sonia Koshkina, Ukrainian journalist, co-owner and editor-in-chief of the Internet outlet Livyi Bereh (``Left Bank``)
Artem Stoyanov, Member of the Legal Reform Commission under the President of Ukraine, Vice President of the UBA, Senior Partner of LCF Law Group

Participants
Illia Chernohorenko, Senior Project Officer of the Council of Europe Project “Support to the Implementation of the Judicial Reform in Ukraine”
Tetiana Hrebeniuk (Suiarko), Speaker Judge of the Commercial Court of Kharkiv Oblast, member of the Council of Judges of Ukraine, member of the working group of the Justice Communication Committee
Olena Fonova, Speaker Judge of the Commercial Court of Luhansk Oblast,
Representative of the High Council of Justice
Mariia Shvenko, Head of the Administrative Division of the Supreme Court
Oleksandr Martynenko, General Director of Interfax-Ukraine Information Agency
Peter Dickinson, Publisher and Editor-in-chief of Business Ukraine magazine
Maryna Yasynska, Chief Editor of the legal portal YURLIGA
Taras Shevchenko, Director of the Center for Democracy and Rule of Law

In Focus
• Surveys conducted by Razumkov Center, commissioned by the Council of Europe's Office in Ukraine ``Attitude of Ukrainian Citizens to Judicial System``
• Reasons for a ``bad judge`` stereotype shaping: who benefits?
• Communication of the judiciary and society: “whose mouth” does the court speak with?
• Overcoming information vacuum: improving communication on the part of court
• Judges commenting on court judgments and court cases: the need for change of established practices
• Communication of court in breaking crisis, responding to mass media spreading information that undermines the judiciary authority
• Fourth Estate: Media impact on public opinion
• Experience of international and Ukrainian media: editorial policy, verification of information, responsibility
• Officials' responsibility for publicly displaying incorrect information

17:45 - 18:00

Closing remarks

09:00 - 09:15

Welcoming remarks

Denys Bugay, President of the Ukrainian Bar Association, Partner at VB PARTNERS
Andrii Kavakin, Projects Coordinator, Justice and Legal Co-operation Department, Council of Europe, Strasbourg
Anna Ogrenchuk, Member of the Legal Reform Commission under the President of Ukraine, Head of the UBA Procedural Law Committee, Managing Partner of LCF Law Group

Moderator
Anna Ogrenchuk, Member of the Legal Reform Commission under the President of Ukraine, Head of the UBA Procedural Law Committee, Managing Partner at LCF Law Group

Participants
Lorena Bachmaier Winter, Professor of Law, Complutense University of Madrid (Spain) International Expert of the Council of Europe
Artashes Melikian, Secretary of the Advisory Council of European Judges
Valentyna Danishevska, Head of Supreme Court
Bohdan Lvov, Deputy Head of the Supreme Court, President of the Commercial Court of Cassation
Kateryna Shyroka, Judge of the Supreme Anticorruption Court of Ukraine
Andrii Ovsiienko, Chairman of the High Council of Justice
Serhii Koziakov, Chairman of the High Qualification Commission of Judges of Ukraine - Chairman of the Chamber on Selection and Public Service of Judges

In Focus
• Judicial reform in Ukraine in 2014-2018 in the context of Council of Europe standards
• Judicial reform: changing development vector or continuation of previous strategy; appropriateness of further institutional changes in the context of the CoE standards, need for real actions and functional follow-up
• Supreme Court: preliminary results of two years of activities and further challenges
• HQCJ and HCJ renewal: principles of new members election and their performance
• Filling judge vacancies – HQCJ and HCJ first-priority goals
• High Anti-Corruption Court: topical issues of the first month of work
• Cancellation of the exclusive right of lawyers to represent clients in court: possible scenarios

11:15 - 11:45

Moderators
Natalia Blazhivska, Judge of the Administrative Court of Cassation within the Supreme Court
Andrii Savchuk, Partner at MORIS, Head of the Disputes Resolution Practice

Participants
Larysa Rohach, Judge of the Grand Chamber of Supreme Court
Vsevolod Knyazev, Secretary of the Grand Chamber of Supreme Court
Oleh Pervomaiskyi, Judge of the Constitutional Court of Ukraine
Svitlana Rekrut, Managing Director of the Individual Deposit Guarantee Fund
Olena Volianska, Partner of LCF Law Group
Vitalii Odzhykovskyi, Counsel at Sayenko Kharenko

In Focus
• Decisions of the Grand Chamber: what has changed in the regulation of the banking sector
• Impact of cancellation of tariff decisions on the functioning of gas transmission system
• Recognizing legal the agricultural land barter: the first steps towards opening up the land market
• Impact of the decisions of the Constitutional Court of Ukraine on the economy of the state
• Litigation with the Deposit Guarantee Fund: Possible implications for the banking system
• State-played games: succession of Ukrzaliznytsia PJSC
• Court practice in transfer pricing

13:15 - 14:30

Moderators
Inna Liniova, Operations Director of the EU Project “Pravo-Justice”
Oleksandr Shkelebei, Managing Partner at ESQUIRES

Participants
Remco van Rhee , International Expert of the EU Project “Pravo-Justice”
Bert Maan, International Expert of the EU Project “Pravo-Justice”
Yegor Razogreev, Acting Director General of the Directorate for Legal Policy in the sphere of judiciary, administration of justice and related legal institutions
Vasyl Krat, Judge of the Civil Court of Cassation within the Supreme Court
Andrii Potapenko, Judge of Rzhyshchiv Town Court of Kyiv Oblast
Roksolana Kostur, Member of the UBA Board, Partner at Matviyiv & Partners

In Focus
• Analysis of the implementation of the Civil and Commercial Procedural Codes based on an expert survey of the EU Project “Pravo-Justice”
• Recommendations on the results of the monitoring in terms of practice
• Presentation of the monitoring report of the Ministry of Justice of Ukraine regarding the implementation of procedural legislation
• Application of cassation filters in Supreme Court practice
• Application by the court of an effective way to protect the infringed law: current case law overview

Moderators
Ihor Tkach, Judge of the Court of Cassation of the Supreme Court
Serhii Boyarchukov, Managing Partner at Alekseev, Boyarchukov and Partners

Participants
Dmytro Luspenyk, Registrar of the Plenum of the Supreme Court, Registrar of the First Trial Chamber of the Civil Court of Cassation within the Supreme Court
Volodymyr Studenets, Judge of the Court of Cassation within the Supreme Court
Victoria Dzharty, Judge of the Kyiv Commercial Court
Arsen Miliutin, Director of the Restructuring and Debt Department of Oschadbank JSC, Representative of the Independent Association of Banks of Ukraine
Andrii Dzhura, Deputy Director of the Department - Head of Legal Department of Problem Assets Department of JSC PUMB
Andrii Fortunenko, Senior Associate of Dispute Resolution Practice at AVELLUM

In Focus
• Determining the interest accrual period. Possibility to establish in the contract another agreement of the parties regarding the term of interest accrual
• Changing the maturity of a loan due to a claim for early repayment of debt. Determining the point of interest accrual
• Accrual and charging interest for improper use of credit
• Peculiarities of the application of the provisions of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Recovery of Lending”
• Termination of credit obligations after the out-of-court settlement is completed
• Bank's legal personality after cancelling the decision to withdraw the bank

15:50 - 16:20

Moderator
Denys Bugay, President of the Ukrainian Bar Association, Partner at VB PARTNERS

Participants
Markian Galabala, Judge of the High Anticorruption Court of Ukraine
Artem Sytnyk, Director of the National Anti-Corruption Bureau of Ukraine
Maksym Grishchuk, First Deputy Head of the Specialized Anti-Corruption Prosecutor's Office
Vitaliy Shabunin, Head of the ``Center for Combating Corruption`` NGO

In Focus
• Anti-corruption policy of the state
• Ruling of investigative jurisdiction
• Investigation of corruption and offences arising from corruption
• Legal proceedings on corruption and related crimes

Moderators
Volodymyr Kravchuk, Judge of the Administrative Court of Cassation within the Supreme Court
Vladimir Vashchenko, Partner at VB PARTNERS

Participants
Dr. Friedrich Weiss, Professor Emeritus of the University of Vienna
Viktor Gorodovenko, Judge of the Constitutional Court of Ukraine
Dmytro Tretyakov , Head of the Division of the Filtration Section of the Secretariat of the European Court of Human Rights, Non-Judicial Rapporteur on Ukraine
Oleksandr Minin, Senior Partner at KM Partners
Markiyan Kliuchkovskyi, Partner at Asters
Ludmyla Kozyatnyk, Partner at Amber Law Firm

In Focus
• The EU's new approach to investment protection
• Investment arbitration as a true investment organization: case study
• ECHR Advisory Opinions: new opportunities in protecting rights and fundamental freedoms
• Guaranteeing the Constitution as a mission of the Constitutional Court of Ukraine: new challenges and threats
• The Constitutional Court of Ukraine: experience in dealing with constitutional complaints
• Commonality of grounds of appeal to the Constitutional Court, the ECHR or investment arbitration
• Declaring a single option preventive measure unconstitutional

18:40 - 20:00

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The Judicial Forum is a great opportunity to meet colleagues and friends, mingle with interesting people and have your questions answered.

Venues of the Forum

October 3-4 – Hilton Kyiv Hotel

30 Taras Schevchenko boulevard

Kyiv, 01030

Ukraine

Tel.: + 380 44 393 5400

Fax: +380 44 393 5401

Email: kyiv.reservations@hilton.com