Bohdan Khmelnytsky in Strasbourg: How the experience of European justice can change the Ukrainian judicial system
The founder and managing partner of Strategic Advocacy Law Firm, Bohdan Khmelnytsky, continues his working visit to the Strasbourg Tribunal, where he is studying the functioning of international judicial institutions. One of the key objects of the study was the Strasbourg Tribunal, a court of the highest instance that differs from the Ukrainian judicial system …
The founder and managing partner of Strategic Advocacy Law Firm, Bohdan Khmelnytsky, continues his working visit to the Strasbourg Tribunal, where he is studying the functioning of international judicial institutions. One of the key objects of the study was the Strasbourg Tribunal, a court of the highest instance that differs from the Ukrainian judicial system in a number of important ways.
One of the fundamental differences in the work of the Strasbourg tribunal is the prosecution support system. Prosecution is brought and supported by the prosecutor’s office. And the chief prosecutor cooperates with the president of the court and is in the same room with him. That is, all of this is done by one body, not by separate bodies, as is customary in Ukraine. Despite this, the level of adversarialism between the parties remains high, as citizens have considerable trust in the judiciary.
Another difference is the format of recording the trial. The tribunal keeps only written records, with no audio recording of the proceedings. In Ukraine, however, this issue is regulated differently: audio recording of the process is mandatory in courts.
During the working visit, Bohdan Khmelnytsky, together with his European colleagues, analyzed possible prospects for adapting European practices for the Ukrainian judicial system.
“International experience gives us an understanding of how effective judicial institutions work and what ensures a high level of public trust in the courts. This is important for Ukraine, which seeks to strengthen the rule of law and implement quality judicial reforms,” says Bohdan Khmelnytsky.
According to him, trust in the judicial system is formed not only through the technical aspects of litigation, but also through transparency, independence of judges and efficiency of judgment enforcement.
The President of the Tribunal expressed his gratitude for the visit of the Ukrainian delegation and emphasized his respect for Ukraine and Ukrainians. He emphasized that the war in Ukraine once again proves the need to strengthen international legal mechanisms that would not only record violations but also have effective mechanisms to influence aggressors.
“Justice reform is one of the key challenges for Ukraine. Therefore, it is important to study the best international practices in order to create an effective and fair judicial system,” summarized Bohdan Khmelnytsky.
