OSCE Project Co-ordinator in Ukraine

Overview

A central aim of the co-operation initiated between the OSCE Project Co-ordinator in Ukraine and the Ukrainian authorities is to support the country in adapting legislation, structures and processes to the requirements of a modern democracy. With this in mind the OSCE Project Co-ordinator has launched several large-scale projects to provide necessary support to the national authorities in implementing legal reform conducive to the development of civil society and rule of law in Ukraine. OSCE partners in this area include the Parliament (Verkhovna Rada), the Constitutional Court of Ukraine, the Supreme Court, the Presidential Administration, the State Judicial Administration, the Academy of the Judiciary and the Institute of Legislation in Parliament.

Assistance to the Judiciary in the Enforcement of the European Convention on Human Rights

The issue of enforcement of the European Convention of Human Rights and Fundamental Freedoms acceded by Ukraine in national courts remains to be an area of concern for the council of Europe and other international organizations, as well as local human rights activists, lawyers and policy-makers. This issue stems from several factors which should be addressed to secure the implementation of the Convention within the Ukrainian legal system.

To address such deficiencies, the OSCE Project Co-ordinator in Ukraine has begun to develop a guide on the case law of the Strasbourg Court and relevant constitutional and doctrinal developments in the sphere of human rights. This guide will be disseminated among the judiciary of Ukraine during a series of seminars devoted to this issue.

Assistance to legislators in the sphere of human rights, justice and human dimension

Previous years witnessed numerous efforts of Ukrainian authorities to foster the integration of Ukraine into Euro-Atlantic structures including the EU and NATO. Special importance in this regard should be attached to the adoption and implementation of the National Programme of Adaptation of National Legislation of Ukraine to the EU Law aimed at securing compliance with Copenhagen criteria for EU membership.

The OSCE Project Co-ordinator in Ukraine and the Parliamentary Committee for European Integration of the Verkhovna Rada of Ukraine have reached an understanding of the necessity of establishing a team of legal experts. Under the overall supervision of the OSCE Project Co-ordinator in Ukraine, this team provides legal expertise on draft laws and their conformity with international human rights laws. To provide effective support to the Committee, the team will respond to any requests for development of recommendations concerning improvements of Ukrainian legislation in line with global best practices.

Assistance in the application of new civil and commercial codes

Within the framework of the implementation of legal reform in Ukraine, new civil and commercial codes entered into force 1 January 2004.The development of the new codes was of utmost importance and aimed to address the inadequacies of the civil code of the Ukraine SSR. The latter was put forth in 1961 and has since been repealed.

The OSCE Project Co-ordinator in Ukraine, in co-operation with the Ukrainian judiciary, has launched a special project to assist judges, law-enforcers and practitioners. The project aims to ensure the correct application of the codes particularly in relation to the provisions of the Constitution, the needs of the market economy and the citizen's confidence in rule of law.

In particular this project is being implemented in co-operation with the Supreme Court of Ukraine and includes providing relevant issues for discussion with respect to problems between legal professionals and foremost judges. An international conference will be organized jointly with the Foundation of International Legal Cooperation to secure the necessary support for a draft Supreme Court resolution on the matter, as well as for the development of guidelines on the uniform application of the Codes.