Administrative Justice in Ukraine: Issues of Theory and Practice Discussed at Ostroh Academy

Solomiia Kostenkova

July 05, 2024

On 4-5 July, the National University of Ostroh Academy hosted the 7th International Applied Research Conference, "Administrative Justice in Ukraine: Issues of Theory and Practice. Judicial Protection of Political and Civil Rights and Freedoms in the Pre-War, Wartime, and Post-War Periods."

The event's opening ceremony was moderated by Zhanna Melnyk-Tomenko, a Judge of the Supreme Court of the Cassation Administrative Court, Secretary of the Judicial Chamber on Cases on the Electoral Process, Referendum, and the Protection of Citizens' Political Rights, Candidate of Science (Law).

The conference participants were addressed with welcoming speeches by the Acting Rector of the NaUOA, Doctor of Science (Psychology), Full Professor Ihor Pasichnyk; Chief Justice, Candidate of Science (Law) Stanislav Kravchenko; Head of the Cassation Administrative Court within the Supreme Court, Doctor of Science (Law) Mykhailo Smokovych; Head of the Council of Europe Office in Ukraine Maciej Janczak; Team Leader at EU Project 'Pravo-Justice' Oksana Tsymbrivska; Project Manager for Ukraine and Vietnam, German Foundation for International Legal Cooperation, Angela Schmeink; and Head of Rivne Regional State Administration Oleksandr Koval.

"I welcome you at Ukraine's oldest yet youngest educational institution – Ostroh Academy. It is no coincidence, but rather a natural outcome, that such an important international conference is taking place at our university. Thanks to the 16th-century Ostroh Academy and its alumnus, the first national renaissance of the Ukrainian nation took place, laying the foundation for our modern statehood. We are in an institution whose alma mater founded true Ukrainian jurisprudence. We are the youngest university to have launched the Law Educational Programme. Despite this, since the revival of Ostroh Academy, we have established an academic law school of which we are immensely proud. I believe that hosting such conferences within our institution will become a tradition,"

Ihor Pasichnyk noted.

"I express my sincere gratitude to the organisers and co-organisers for their support in holding this event and, of course, to Ostroh Academy, which is graciously hosting us today. Protecting citizens' rights and freedoms, particularly political and civil ones, has always been and remains one of the priority tasks of any democratic and law-based state. Since the very first days of independence, Ukraine has implemented a policy that upholds human rights. The ratification of international standards and their incorporation into domestic legislation indicates that Ukraine places great importance on their observance. This also reaffirms Ukraine's and the international community's commitment to guaranteeing and protecting fundamental rights. As part of the reform carried out in the judicial system, our state took a step to establish a separate judicial jurisdiction for administrative courts, which have been consistently protecting the rights of Ukrainian citizens for many years. Within the framework of the judicial system reform, our state took steps to establish a separate judicial jurisdiction for administrative courts, which have consistently protected the rights of Ukrainian citizens for many years. The effective protection of citizens' rights in all spheres of life determines the stability of society, its development, and well-being."

Stanislav Kravchenko noted.

"Today's conference is timely and pragmatic. It is held on Administrative Justice Days. Administrative justice is a fundamental component of a democratic society. Through it, the people exercise control over state authorities and local governments. Administrative justice is not only about the courts; it encompasses all authorities vested with power who act fairly, uphold the rule of law, and protect human rights, freedoms, and interests. The conference's theme is crucial, as we see the pre-war, wartime, and post-war periods. We are confident that there will be a post-war period, and we will prevail in this unjust war. We must already be prepared for the challenges that await us, as well as for the protection of human rights, freedoms, and interests in Ukraine. We, as judges, must preserve in our judiciary the very core that our soldiers are defending on the front line. We are fighting for this. Therefore, all the issues raised during the conference are of utmost importance in today's context,"

Mykhailo Smokovych added.

"I am very pleased to address you on behalf of the 'Pravo-Justice' EU Project and have the opportunity to support today's event. We are proud to be a longstanding partner of the Cassation Administrative Court within the Supreme Court. It is gratifying that this event has become a tradition. Thank you to the organisers for choosing such a relevant theme for the conference. It is precious that you address such important issues as the organisation and conduct of elections in the post-war period. Notably, the conference participants deduce significant attention to the European experience in protecting political and civil rights and freedoms. This is extremely important in the context of Ukraine's path towards European integration,"

Oksana Tsymbrivska emphasised.

"It is a pleasure to be here today at Ostroh Academy, precisely where such conferences should be held. Thank each of you for your work, as you are the ones who oversee the system. We hold you in high regard and understand the responsibility of your work. I am confident that today's conference will serve as a foundation for the further development of a law-based state,"

Oleksandr Koval noted.

Following the opening remarks, Dr. Virgilijus Valančius, Senior International Expert and Head of the "Support to the EU Integration Process in the Justice Sector" Component of the EU "Pravo-Justice" Project, delivered a presentation titled "The Eurointegration Dimension: Challenges for Administrative Justice."

"I believe the European Union and administrative proceedings share a common path. EU law is very important for every administrative judge at the national level and in the General Court of the European Union. The outcome of today's event should be a better understanding of the issues that administrative judges will face during Ukraine's integration into Europe, as the rule of law is one of the EU's core values,"

Virgilijus Valančius added.

Judges, academia, legal practitioners, representatives of state and local government bodies, as well as representatives of international organisations and foreign countries - Sweden, Germany, Austria, Estonia, Poland, and Canada, attended the event.

The conference consisted of four sessions and a moderated discussion.

The first session, "Access to Public Information and the Right to Appeal to State and Local Government Authorities and Their Officials," was moderated by Tetiana Oleksiuk, Vice President of the Access Info Group, Candidate of Science (Law).

The participants of the session discussed the following:

European standards in the context of protecting the right to access public information in Ukraine: judicial practice;
the application of the Tromsø Convention for the protection of the right to access information;
grounds and limits of access to official information – current issues and examples from judicial practice;
national security and the right to information: assessment of legal and practical application during conflict;
the main approaches of the judicial practice of the Court of the European Union regarding cases in the field of public access to documents;
a new stage in the development of the constitutional right to appeal: the Law on Administrative Procedure, the draft law on appeals;
the right to access public information: bold steps of a young state.

The second session, "Protection and Restriction of Freedom of Association in Political Parties and Public Organisations, the Realisation of the Right to Peaceful Public Assembly," was moderated by Myroslava Bilak, a Justice of the Supreme Court in the Cassation Administrative Court, Doctor of Science (Law).

The session speakers focused on the following topics:

protection and limitation of the freedom of association in political parties and public organisations, and the exercise of the right to peaceful public assemblies;
the European Court of Human Rights practices regarding permissible restrictions on the right to freedom of association in the interests of national security;
the crisis of the institution or the dominant model of political parties in Ukraine;
grounds for the prohibition of political parties and judicial support in cases concerning the ban on political parties;
the protection of democracy and freedom of political activity: challenges of balancing and the role of administrative courts;
the prohibition of political parties under German and European legislation;
the European Court of Human Rights practices regarding the exercise of the right to peaceful assembly and its specific implementation in Ukraine;
the impact of martial law on exercising the right to peaceful assembly: legal mechanisms for protection under martial law conditions.

The third session, "The Institution of Citizenship and Freedom of Movement and Choice of Residence," was moderated by Andrii Zhuk, a Judge of the Supreme Court in the Cassation Administrative Court, Doctor of Philosophy (Law).

During this session, participants raised the following issues:

the institution of Ukrainian citizenship: current status and post-war prospects;
citizenship and freedom of movement with a focus on the needs of internally displaced persons;
the role of administrative justice in protecting the rights of forcibly displaced groups and stateless persons under martial law in Ukraine;
constitutional development of post-war Ukraine (the factor of citizenship);
special regimes in the Polish legal system and restrictions on human rights and freedoms;
specifics of detention and deportation of irregular migrants by the State Border Guard Service of Ukraine;
citizenship and national security;
single and multiple citizenship;
prospects for assessing the "legitimacy" of restrictions on freedom of movement and choice of residence under Ukraine's legal martial law regime.

The fourth session, titled "Prerequisites and Challenges in Organising and Conducting Post-War Elections," was moderated by Olena Hubska, a Judge of the Supreme Court in the Cassation Administrative Court, Doctor of Science (Law).

The participants of the session discussed the following:

judicial protection of citizens' voting rights in Ukraine: experience of administrative justice;
post-war elections: key challenges and ways to overcome them, obligations in the context of European integration;
challenges of proper administration of the first post-war elections in Ukraine;
election campaigning abroad: issues of feasibility and potential regulation in post-war elections;
the experience of the Republic of Croatia in conducting post-war elections: challenges and lessons learned;
legal positions of the Constitutional Court of Ukraine regarding electoral rights (the right to vote and the right to be elected);
Jus post bellum (Latin for "Justice after war"): the Constitution and human rights during the post-war normalisation period;
the imperative mandate: practice and issues of application;
challenges related to the exercise of active and passive electoral rights in the first post-war elections;
protection of Ukrainian citizens' voting rights abroad in administrative courts during post-war elections: challenges and ways to overcome them.

The conference also featured a discussion titled "Ensuring Private and Public Interests as a Guarantee for the Realisation of Constitutional Human Rights and the Impact of Judicial Practice on the Formation of State Social Policy," moderated by Olesia Radyshevska, a Judge of the Supreme Court in the Cassation Administrative Court, Doctor of Science (Law).

During the discussion, speakers addressed issues of social policy formation, particularly the balance between private and public interests; the concept of subsidiarity, European integration processes, and the role of administrative justice in implementing ECHR provisions during wartime; challenges of (non)compliance with Supreme Court conclusions by authorities and its implications for justice in local courts; the role of courts in strengthening the principles of the rule of law and judicial independence, including the experience of the Office for Democratic Institutions and Human Rights (ODIHR) in promoting the right to a fair trial in administrative justice.

The conference served as a platform for exchanging experiences on issues related to:

the review of cases by administrative courts regarding the protection of political and civil rights and freedoms under a special legal regime (following the thematic directions of the Conference);
specific aspects of handling cases related to freedom of association and the right to peaceful assembly under a special legal regime;
transitional justice in post-conflict states concerning the protection and restriction of political and civil rights, and the prospects for administrative courts applying these approaches in the post-war period;
the application of the European Court of Human Rights and the Court of Justice of the European Union's case law regarding the protection of political and civil rights, particularly under a special legal regime.

Olha Balatska, Director of the I. Malynovskyi Educational and Scientific Institute of Law, Candidate of Science (Law), and Associate Professor summarised:

"Holding an applied research event within the walls of Ostroh Academy is extremely symbolic, respectful, and highly relevant today. The event addressed important contemporary issues of the rule of law and the protection of rights and freedoms in wartime, was organised at a high professional level, and served as a platform for the unification and synergy of legal science, education, and practice, bringing together Ukrainian and international partners, representatives of government branches, and the public. Glory to Ukraine and the Armed Forces for this opportunity!"

After the conference, participants could tour the university and museum, learning more about the history of Ostroh Academy.