Х ANNUAL JUDICIAL FORUM

INDEPENDENT JUDICIARY –

THE BASIS OF THE STATE IN TIMES OF TURBULENCE

September, 30 - October, 01 2021 | Hilton Kyiv

Welcome to the Х Annual 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 Ministry of Justice of Ukraine, People's Deputies 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 “Independent Judiciary - the basis of the state in times of turbulence. The event is organized by the Ukrainian Bar Association in cooperation with the Council of Europe Project ``Support for judicial institutions and processes to strengthen access to justice in Ukraine``. The program coordinator of the event is Anna Ogrenchuk, President of the Ukrainian Bar Association, Managing Partner at LCF Law Group.

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Program of the forum

 

10:00 - 10:20

Forum opening

Steen Nørlov, Head of the Office of the Council of Europe in Ukraine, Representative of the Secretary General of the Council of Europe for the Coordination of Cooperation Programs of the Council of Europe
Lilit Daneghian-Bossler, Deputy Head of the Cooperation Programmes Division, Implementation of Human Rights, Justice and Legal Co-operation Standards Department, Council of Europe, Strasbourg
Anna Ogrenchuk, President of the Ukrainian Bar Association, Managing partner at LCF Law Group, Program Coordinator of the Forum

Moderator:
Serhii Prytula, volunteer, public figure, TV presenter

Topics and Speakers:
Vasyl Lemak, Judge of the Constitutional Court of Ukraine
● Protection of the Constitution of Ukraine: the mission of the courts is feasible

Dmytro Hudyma, Judge of the Grand Chamber of the Supreme Court
● Development of the court in the context of changes in society. Who is the process driver?

Anna Vronska, Judge of the Commercial Court of Cassation of the Supreme Court
● Implementation of the Concept of Sustainable Development and its dependence on the state of the judiciary

Hennadii Druzenko, Chairman of the Board of The Center for Constitutional Design
● Neither the purse nor the sword: public reputation as a source of judicial power

Dmytro Tretyakov, Lawyer of the European Court of Human Rights, Deputy Registrar of the Administrative Tribunal of the Council of Europe
● Case-law of the European Court of Human Rights in cases against Ukraine: mirroring of development of society and law

Oksana Kobryn, Partner at MORIS Law Firm
● The openness of the judiciary is the key to dialogue with society

12:00 - 12:20

Keynote Speaker:
Oleksiy Reznikov, Vice Prime Minister of Ukraine - Minister for Reintegration of the Temporarily Occupied Territories of Ukraine

12:40 - 13:10

SPECIAL TALK

Сo-moderators:
Anna Ogrenchuk, President of the Ukrainian Bar Association, Managing partner at LCF Law Group, Program Coordinator of the Forum

Special guest:
Yevhen Chychvarkin, owner of Hedonism Wines

13:10 - 14:10

Co-moderators:
Iryna Kushnir, Manager of Council of Europe Project ``Support for judicial institutions and processes to strengthen access to justice in Ukraine``
Serhii Boyarchukov, Managing Partner at Alekseev, Boyarchukov and Partners

Speakers:
Roman Babii, People's Deputy of Ukraine, Chairman of the Subcommittee on Enforcement of Judgments of the European Court of Human Rights and Alternative Dispute Resolution of the Verkhovna Rada Committee on Legal Policy
Rasim Babanly, Head of the Department of Analytical and Legal Work of the Supreme Court
Andriy Slyusarenko , acting Director of the Center for Judicial Services of the SJA of Ukraine
Mykola Kozlov, acting Director General of the State Enterprise Information Judicial Systems of the State Tax Administration
Oksana Litvinova, Digital Transformation Project Manager of the Ministry of Digital Transformation of Ukraine

In Focus:
● Guidelines of the Cabinet of Ministers of the Council of Europe on online dispute resolution mechanisms in civil and administrative proceedings
● Court in a smartphone - information and telecommunication system of pre-trial investigation. Draft law #5246
● Implementation of ESITS: achievements, failures, prospects;
● Database of legal positions of the Supreme Court: new opportunities for a lawyer
● On-line court hearings: contemporary challenge

15:30 - 16:00

Moderator:
Oleh Horetskyi, Managing Partner of Goretskyy & Partners Law Firm

Speakers:
Andrii Kostin, People's Deputy of Ukraine, Chairman of the Verkhovna Rada Committee on Legal Policy
Yuriy Chumak, Judge of the Commercial Court of Cassation of the Supreme Court
Rimantas Simaitis, International expert of the Council of Europe (Lithuania)
Nina Betetto, President of the Consultative Council of European Judges, judge of the Supreme Court of Slovenia, international expert of the Council of Europe
Svitlana Sergeyeva, Coordinator of the UBA Committee on Mediation, Attorney, Mediator of the Deutsche Anwalt Akademie, Partner at Sergeyev Law Office JSC, Vice-President of the Ukrainian Academy of Mediation, Expert of the EU Pravo-Justice Project
Luiza Romanadze, Lawyer, Mediator (DDA), President of the Ukrainian Academy of Mediation, Expert of the EU Pravo-Justice Project

In Focus:
● Council of Europe Recommendations on the institution of pre-trial mediation and the practice of Council of Europe member states on motivating parties to use mediation
● Prospects for the development of mediation in Ukraine: legislative and practical aspects
● Prospects for the introduction of mediation as a mandatory pre-trial procedure for dispute resolution
● Government Priority Action Plan for 2021 (provision and development of mediation) and announced government bills (Ministry of Justice; Ministry of Finance)

17:20 - 17:30

Closing remarks

10:00 - 10:10

Forum opening

Lilija Gretarsdottir, Head of the Division of Co-operation Programmes
Anna Ogrenchuk, President of the Ukrainian Bar Association, Managing Partner of LCF Law Group, Program Coordinator of the Forum

Moderator:
Anna Ogrenchuk, President of the Ukrainian Bar Association, Managing Partner of LCF Law Group, Program Coordinator of the Forum

Speaker:
Valentyna Danishevska, President of the Supreme Court

Co-moderators:
Nataliia Bohatska, Chairman of the South-Western Commercial Court of Appeal
Denys Bugay, Partner at VB PARTNERS, Attorney at Law, President of the UBA (2013-2017, 2019-2021)

Speakers:
Andrii Kostin, People's Deputy of Ukraine, Chairman of the Verkhovna Rada Committee on Legal Policy
Bohdan Monich, Chairman of the Council of Judges of Ukraine
Roman Yermolychev, Deputy Minister of Finance of Ukraine
Oleksii Malovatskyi, acting Chairman of the High Council of Justice
Mykola Onishchuk, Rector of the National School of Judges of Ukraine
Serhiy Demchenko , People's Deputy of Ukraine, Head of the working group on funding of the judiciary
Liudmyla Volkova, Counsel at AVELLUM

In Focus:
● HQCJ and HCJ activities: new rules of the game
● Financial support of the judiciary as a guarantee of judicial independence
● Ensuring the independence of judges

12:00 - 12:30

Co-moderators:
Nataliia Blazhivska, Judge of the Cassation administrative court within the Supreme Court
Dmytro Tretyakov, Lawyer of the European Court of Human Rights, Deputy Registrar of the Administrative Tribunal of the Council of Europe

Topics and speakers:
Victor Horodovenko, Judge of the Constitutional Court of Ukraine
● Legal interpretation in the practice of the Constitutional Court of Ukraine and the Supreme Court: some aspects of comparison

Oleg Tkachuk, Judge of the Civil Court of Cassation of the Supreme Court
● Evolution of legal conclusions of the Supreme Court: retreat, change, clarification, new format of decisions of the Supreme Court

Volodymyr Kravchuk, Judge of the Administrative Court of Cassation of the Supreme Court
● Judicial control over the observance of obligatory conclusions of the Supreme Court by state authorities

Victoria Dzharty, Judge of the Commercial Court of Kyiv
● Binding nature vs taking into account the conclusions of the Supreme Court: which concept is more effective

Andriy Nyzhnyi, co-managing partner of Hillmont Partners
● Restrictions on cassation appeals in minor cases and other obstacles to the unity of case law

13:50 - 14:40

14:40 - 15:40

Moderator:
Oleksandr Shkelebey, Managing Partner, Head of Dispute Resolution Practice at ESQUIRES

Topics and speakers:
Olena Kibenko, Judge of the Commercial Court of Cassation of the Supreme Court
● Scientific opinion in court proceedings: ways to improve the application of a legal expert’s opinion and the opinion of the Scientific Advisory Board at the Supreme Court

Kostiantyn Bohatyr, Judge of the South-Western Commercial Court of Appeal
● Abuse of procedural rights: from ascertaining to solving the problem
Jurisdictional swings: key jurisdictional decisions of the Supreme Court in 2021

Vladimir Vashchenko, Partner at VB PARTNERS, Attorney at Law
● Sanction policy of the state

Oleh Marchenko, Partner of Dispute Resolution Practice at Marchenko Partners
● International responsibility of the state for denial of justice

Co-moderators:
Oleksandr Vozniuk, Chairman of the UBA Committee on Competition Law, Partner at Asters
Nina Sydorenko, Counsel at LCF Law Group

Experts:
Anzhelika Konoplianko, Deputy Chairman of the Antimonopoly Committee of Ukraine - State Commissioner
Hanna Kryvoshei, Director of the Legal Department of the AMCU
Yulia Yanova, Director of the Research and Investigation Department of the Non-Manufacturing Pharmaceuticals and Retail Markets of the AMCU
Iryna Bulhakova, Judge of the Commercial Court of Cassation of the Supreme Court
Vadym Bosyi, Judge of the Commercial Court of Kyiv
Yulia Kartavtseva, Judge of the Commercial Court of Kyiv
Volodymyr Andrienko, Judge of the Northern Commercial Court of Appeal
Olena Korotun, Judge of the Northern Commercial Court of Appeal
Oleksandr Nahornyi, Deputy Chairman of the UBA Committee on Competition Law, Counsel at Sayenko Kharenko
Serhii Benedysiuk, Partner at LCF Law Group
Olena Pertsova, Counsel at AEQUO
Ksenia Prokhur (Pogruzhalska), Senior Lawyer at Baker McKenzie

In Focus:
● Grounds for cancellation of AMCU decisions: latest cases
● Standards of proof during the AMCU's consideration of cases related to the violation of economic competition, unfair competition and judicial appeal of AMCU decisions; issues of quality and substance of the AMCU decision
● Expertise in cases of violation of economic competition and unfair competition: problems of commissioning an expert examination by the court and provision of expert opinion by the parties to the case
● Discretionary powers of the AMCU and the limits of judicial review of AMCU decisions: court approaches
● Assessment and prospects of implementation of the first stage of the reform of the legislation on protection of economic competition (draft law #5431 of 27.04.2021):
- expansion (change) of the powers of the AMCU (collection of evidence, inspections, discretion in opening a case, etc.)
- leniency and settlement of cases
- introduction of joint and several and subsidiary forms of liability when paying fines, damages, etc.

15:40 - 16:10

Moderator:
Ivan Lishchyna, Attorney-at-Law, Deputy Minister of Justice of Ukraine – Agent before the European Court of Human Rights (2016-2021)

Speakers:
Olga Dubinska, Legal Officer of the Department for the Execution of Judgments of the European Court of Human Rights of the Directorate General of Human Rights and Rule of Law of the Council of Europe
Pavlo Pushkar, Head of Division of the Department for the Execution of Judgments of the European Court of Human Rights of the Council of Europe
Dmytro Hudyma, Judge of the Grand Chamber of the Supreme Court
Valeriia Kolomiiets, Deputy Minister of Justice of Ukraine for European Integration
Iryna Zharonkina, Senior National Expert, Head of the Protection of Property Rights and Enforcement of Judgments component of the EU Pravo-Justice Project

Moderator:
Yulia Atamanova, Partner at LCF Law Group, Attorney at Law

Speakers and topics:
Robert Michael Shaw, Partner at Holland & Knight
● The concept of jurisdictional immunity of the state: features of application in the execution of court decisions against the state

Yevhen Petrov, Judge of the Civil Court of Cassation of the Supreme Court
● Public order of the state as an ``obstacle`` to the execution of a decision of international arbitration

Olexandr Protsiuk, Counsel at CMS Reich-Rohrwig Hainz
● Precautionary measures of international arbitration: problems of recognition and enforcement

18:20 - 19:30

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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

September, 30 – October, 01 – Hilton Kyiv Hotel, Dallas Ballroom

Taras Schevchenko boulevard, 30

Kyiv, 01030

Ukraine

Tel.: + 380 44 393 5400

Fax: +380 44 393 5401

Email: kyiv.reservations@hilton.com