EU-UNDP Project

Reform of Arbitration Courts and Support to Court Administration

Project Number: 00036181

Background

The justice system of Ukraine and its structure are undergoing a process of Judicial Reform. Within the Judicial Reform, special attention is given to the Judicial Organization.

The Judicial Reform of Ukraine can be regarded as having officially started on 28 June 1996, when the Parliament, Verkhovna Rada, of Ukraine adopted the text of the new Constitution. The enactment of the new Constitution, in particular the provisions of Chapter VIII, the Justice System, was a crucial step towards establishing a new Ukrainian Judiciary.

The implementation of the reform was to be carried out gradually over a certain period of time. Such a course of action was preferred over the simultaneous introduction of the reform throughout the country because of the considerable innovations foreseen, as well as the sizeable organizational, administrative and financial requirements. The prevailing consideration, however, relates to the strong desire of the entities involved in the introduction of the reform to ensure the success of the undertaking and the achievement of its objectives.

Despite the expectations, a new Law on the Judiciary was not adopted within the initial transitional period of five years. Instead of a fully-fledged new Law, a so-called Small Judicial Reform was adopted on 21 June 2001 through the amendment of several existing laws, whose major outcome was the abolishment of the Arbitrage System and the establishment of specialized Commercial Courts.

A second considerable step in the direction of the Judicial Reform of Ukraine was taken on 7 February 2002, when the Verkhovna Rada adopted the Law on the Organization of the Courts, No. 3018-III. This Law, Judicial Reform II, entered into force on 1 June 2002 and was aimed at starting a comprehensive legislative basis for the Judiciary.

As provided for in the Constitution and reiterated in articles 18 and 19 of the Law on the Judiciary of Ukraine, the system of courts is based on the principles of territorial division and specialization (see chart attached). The courts are represented by commercial, administrative and other courts that are classified as specialized.

In responding to the new Law, the then existing Arbitration Courts were renamed into Commercial Courts and a new Commercial Code was implemented. This established a network of 27 Local Commercial Courts of First Instance, 11 Appellate Commercial Courts and the High Commercial Court, of Cassational Instance.

At this point in time, the Project wishes to undertake, within its Output 1, activity 1.3 of its Action Plan for 2005, an assessment of the Commercial Courts system in its entirety, to verify its functionality and effectiveness.

Objectives

The overall objective of the Project is to support the reform of the Judicial System of Ukraine in order to promote more effective legal redress.

The main objectives of this assignment are the identification of key factors, statistical and non, describing this court system and assessing, in analytical format, the functionality and effectiveness of the Commercial Courts of Ukraine seen holistically.

Expected Outcome

A report of at least 30 pages plus annexes containing a clear description of the Commercial Courts System, including such factors as Staff, Premises, Equipment, Budget, etc. and a holistic assessment of the system’s functionality and effectiveness, commenting on the public’s use and perception of the courts.

Activities

• Identification, through meetings and interviews, of all relevant information necessary to understand and describe the Commercial Court System
• Assessment of the Courts: the work implemented in relationship with the resources available, the timeliness and necessity of this specialized system, their effectiveness.
• The Consultant may be required to travel to some Ukrainian regions

Timeframe

It is expected that this assignment, including the full report, be completed within 20 working days (four weeks).

Qualifications and Requirements

The Project seeks a short-term International Expert Consultant capable of performing the outlined services and must respond to the following requirements:

• Legal academic background
• Commercial-judicial or judicial experience of at least 7 years, either as Judge, Court Administrator or Lawyer
• Experience or exposure to the management of court systems
• Proficiency in the English language both spoken and written
• Knowledge of Russian would be an asset
• EU or acceding country national

Applications (most recent CVs) in English language with the reference to this position are to be submitted:

to e-mail address: vyacheslav.egorov@undp.org, or fax (044) 253-26-07.

Please, indicate the Position you are applying for in the Subject line of your message. Please also mention the minimal daily fee level expected in your application/CV.

UNDP will use a transparent and competitive screening process, though will only contact those applicants in whom there is further interest. Qualified women are strongly encouraged to apply.