VIII Judicial forum

TRIAS POLITICA: COURT IN THE SYSTEM OF PUBLIC ADMINISTRATION

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 Public Administration:”. 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.

General Partner

Partner

Partner

Evening Partner

Program of the forum

 

Denys Bugay, President of the Ukrainian Bar Association
Anna Ogrenchuk, Head of the UBA Procedural Law Committee, Managing Partner of LCF Law Group
Illia Chornohorenko, Project Manager of the Council of Europe Project «Support to the Implementation of the Judicial Reform in Ukraine»

Moderator
Partner in a Law Firm (TBC)

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
• Role of Supreme Court and Constitutional Court of Ukraine in the public administration
• Impact of civil society institutions on the government system and judiciary in particular
• International experience of building meaningful interaction of government branches when developing democracy

Moderator
The Media (TBC)

Participants
People’s Deputy of Ukraine (TBC)
Representative of the Verkhovna Rada Committee on Legal Policy and Justice (TBC)
Representative of the Verkhovna Rada Department of law enforcement bodies liaison (TBC)
Representative of the President of Ukraine in the Verkhovna Rada (TBC)
Representative of the Presidential Office of Ukraine (TBC)
Representative of the General Counsel’s Office of the Cabinet of Ministers of Ukraine (TBC)
Representative of Law Enforcement Bodies Relations Office of the Cabinet of Ministers of Ukraine (TBC)
Representative of Ministry of Justice of Ukraine (TBC)
Supreme Court Judge (TBC)
Kyiv District Administrative Court Judge (TBC)

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
- Supreme Court as a subject of legislative initiative: a new step in interaction or breach of the concept of separation of powers?
- 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
- Judicial control over court decisions

15:45 - 16:15

Moderator
Partner in a Law Firm (TBC)
The Media (TBC)

Participants
Spokesjudges (TBC)
Member of High Council of Justice (TBC)
Member of Council of Judges of Ukraine (TBC)
Representatives of non-government organizations (TBC)
The Media (TBC)
Partner in a Law Firm (TBC)

In Focus
• Who is responsible for the communication between judicial power and society, and “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
• Ensuring public justice independence and authority on the part of the High Judicial Council
• Communication strategy of judicial system of Ukraine and the use of international practice
• Sociological survey findings and their impact on the authority of justice
• Communication of court in breaking crisis, responding to mass media spreading information that undermines the judiciary authority
• Fourth Estate: Media impact on public opinion
• Platforms for communication between court, mass media and the public
• Conveying the information understandable for the public
• Communication of the bench and the Bar

17:45 - 18:00

Closing remarks

09:00 - 09:15

Welcoming remarks

Denys Bugay, President of the Ukrainian Bar Association
Member of the Council of Europe Supremacy of Law Directorate (TBC)
Anna Ogrenchuk, Head of the UBA Procedural Law Committee, Managing Partner of LCF Law Group

International Expert of the Council of Europe (TBC)

Moderator
Partner in Law Firm (TBC)

Participants
International Expert of the Council of Europe (TBC)
International Expert of the Council of Europe (TBC)
President of the Supreme Court (TBC)
Chairman of the Higher Anti-corruption Court of Ukraine (TBC)
Member of High Council of Justice (TBC)
Member of High Qualification Commission of Judges of Ukraine (TBC)
Member of the Verkhovna Rada Committee on Legal Policy and Justice (TBC)
Partner in Law Firm (TBC)

In Focus
• Judicial reform: changing development vector or continuation of previous strategy; appropriateness of further institutional changes, need for real actions and functional follow-up.
• HQCJ and HCJ renewal: principles of new members election and their performance
• Filling judge vacancies – HQCJ and HCJ first-priority goals
• Supreme Court performance: second year’s work results
• Higher Anti-corruption Court: topical issues of the first month of work
• Higher Intellectual Property Court and prospects of its activity

11:20 - 11:40

Coffee break

Moderator
Partner in Law Firm (TBC)
Judge (TBC)

Participants
Supreme Court Judge (TBC)
Leading Economy Analyst (TBC)
The Media (TBC)
Representative of Deposit Insurance Fund (TBC)
Representative of the Union of Ukrainian Entrepreneurs (TBC)
Partner in Law Firm (TBC)

In Focus
• Paycheck in foreign currency: in what way labor relations between employees and business owners will change
• Impact of setting aside the tarifff decisions on gas transportation system operation
• Court disputes against Deposit Guarantee Fund: implications for banking system
• Upholding agricultural lands exchange: first steps towards land market
• Court judgment on cancelling the procedure for carrying out inspections of the State Labor Service of Ukraine: implications for business
• Judicial Practice in Transfer Pricing

13:00 - 14:00

Moderators
Judge (TBC)
Partner in Law Firm (TBC)

In Focus
• Application by court of effective way of violated rights protection: current judicial practice review
• Judicial practice of applying general legal principles, scientific concepts and doctrine
• Practice of judicial application of Ukrainian constitutional provisions as laws of direct force. Applying to Supreme Court for decisions on matters related to legal instrument validity
• Correlation of res judicata principle and possibility of court judgments review

Moderator
Judge (TBC)
Partner in Law Firm (TBC)

In Focus
• Investment Disputes against Ukraine
• Enforcement in the territory of Ukraine of investment arbitration award on recovery from the Russian Federation of compensation for expropriated property in the territory of the Autonomous Republic of Crimea
• Security for a claim in a matter referred to international commercial arbitration
• Acknowledgement and enforcement of international commercial arbitration decisions

Moderator
Judge (TBC)
Partner in Law Firm (TBC)

In Focus
• Determining interest accrual period. Possibility of providing other arrangements in the contract in regards to the interest accrual period
• Change in crediting period in case a claim is laid for early pay-off. Determining a moment from which the interest accrual is suspended
• Interest accrual and charging for unauthorized credit use
• Specifics of application, in due time, of provisions of the Law of Ukraine On Amendments to Certain Legislative Acts of Ukraine Regarding the Renewal of Crediting
• Termination of loan obligations upon out-of-court settlement
• Bank’s legal standing after cancellation of the decision on withdrawal the bank from the market

15:20 - 15:40

Moderator
Partner in Law Firm (TBC)
Judge (TBC)

Participants
Representative of Supreme Anti-corruption Court of Ukraine (TBC)
Representative of National Anti-Corruption Bureau of Ukraine (TBC)
Representative of Specialized Anti-Corruption Prosecutor's Office (TBC)
Representative of National Agency on Corruption Prevention (TBC)

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

Moderator
Partner in Law Firm (TBC)
Judge (TBC)

Participants
Judges of Constitutional Court of Ukraine (TBC)
Judges (TBC)
Politics experts (TBC)
Partner in Law Firm (TBC)

In Focus
• Constitutional Court of Ukraine: practice of constitutional claims consideration
• Recognizing unconstitutional the compulsory advance payment when executing court judgments
• Recognizing unconstitutional the authority of National Anti-corruption Bureau of Ukraine to appeal to the court with claims on nullity of contracts
• Recognizing unconstitutional imposing non-alternative preventive measure
• Verification of legality of the Verkhovna Rada of Ukraine acts of political character (as in the case of the Regulation of
the Verkhovna Rada of Ukraine On Supporting the Application of the President of Ukraine to Ecumenical Patriarch
Bartholomew for Bestowal of Tomos of Autocephaly to the Orthodox Church of Ukraine)

• Verification of constitutionality of the law of Ukraine on lustration (in case the judgment is passed )
• Verification of constitutionality of squeeze-out procedure in Ukraine (in case the judgment is passed)
• Implications of legislative provisions recognized as unconstitutional
Ex tunc and ex nunc principles when carrying out constitutional control

18:30 - 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