Projects
The BBCU is working in partnership with the EU Ukraine Business Council to support and encourage the development the Rule of Law in Ukraine, in particular by delivering a series of seminars in Ukraine by distinguished judges of the Lord Slynn of Hadley European Law Foundation.
Based on results of high-level and comprehensive visit to Ukraine which took place in September 2008. A report was produced for the EU Ukraine Business Council by Sir Brian Neill and Sir Henry Brooke in December 2008. The report was translated into Ukrainian in January 2009 and circulated among responsible Ukrainian authorities. Joint meeting between the BBCU and the EU Ukraine Business Council to present the Rule of Law report in Ukraine took place on 26 February in Kyiv.
The Rule of Law in Ukraine (English)
The Rule of Law in Ukraine (Ukrainian)
During this exercise the legal practitioners from Ukraine expressed the unanimous view that ‘the administration of justice in Ukraine was in a most unsatisfactory state and that reforms were required as a matter of urgency’ and this view was reinforced by the opinions of senior officials and Members of the Ukrainian Parliament. The principle headings of criticisms included high level of personal corruption and willingness to accept bribes among judges; existing in practice the situations when judges were subject from time to time to political interference; very low esteem both by the general public and by many members of legal profession towards judges both individually and collectively; unsatisfactory conditions of the system employed for the recruitment of judges etc.
In their report Sir Brian and Sir Henry described the following areas where the Foundation can assist with changes to present way in which justice is administered in Ukraine, namely:
• Change the attitude of the judges themselves via seminars and in informal discussions;
• Discuss on the selection of judges and the qualifications that a judge needs;
• Share experience of the training of judges and advise about the establishment of body similar to the Judicial Studies Board in England and Wales;
• Assist in on-going work and discussions on a code of ethic and discipline;
• Advice on the structure of the courts if so requested;
• Advise on the establishment of representative bodies for the legal profession in Ukraine;
• Arrange lectures and seminars on specific legal topics as well as lectures and seminars for law students on legal ethics.
The BBCU and EUUBC believes that this initiative would assist in establishing sound basis for improvement business environment and social dialog in Ukraine as well, taking into account the willingness of both Ukraine and the EU to conclude Association Agreement with ambitious provisions on gradual approximation of the Ukraine’s economy to the EU Single Market and to the EU’s acquis communautaire.
About the Authors:
The Right Honourable Sir Brian Neill Kt, PC, QC
Sir Brian was educated at Highgate School and Corpus Christi College, Oxford, of which he became an Honorary Fellow in 1986. He was called to the Bar in 1949 and appointed Queen’s Counsel in 1968. During his time as a barrister he was Chairman of the Foreign Office Advisory Committee on Rhodesia Travel restrictions from 1973-1978 and was appointed as the arbitrator in the Plover Cover reservoir arbitration between the Government of Hong Kong and a French construction company. Sir Brian thereafter served on a number of judicial positions before being appointed Lord Justice of Appeal from 1985-1996. Sir Brian was accredited as a CEDR mediator in 1999.
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Sir Henry Brooke
Sir Henry Brooke had over 40 years experience of litigation as barrister, QC and judge. He opened his first law book at the age of 25. Before that, he did his National Service in the Royal Engineers, and then obtained an arts degree, specializing in classical literature and ancient history, before turning to a life in the law. Since September 2006 Sir Henry has undertaken over 60 mediations. Sir Henry also Chairs “Trust Mediation”, a not-for-profit personal injury dispute resolution company.
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About the Lord Slynn of Hardley European Law Foundation:
The Lord Slynn of Hardley European Law Foundation was created in 1998 to fulfill a growing need for support, advice and training to lawyers and judges in the countries of Central and Eastern Europe. Its purpose has always been to promote better understanding between Britain and these countries and to contribute to the development of joint action. It has achieved this purpose through meetings of leading legal representatives drawn from these countries and the UK, through lectures and seminars for lawyers at all levels who specialize in European Law and allied disciplines, and through fellowship which enable promising young lawyers to spend a year studying and working in the UK. More information about the Foundation can be found on its website at www.slynn-foundation.org .
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