The level of trust to judicial system in Ukraine is very low, this being caused by numerous biased decisions and selective justice. However, there is a ray of hope in this situation as there are some court decisions ensuring real protection for human rights.
The Center for Political and Legal Reforms together with experts from NGOs developed a list of five top court decisions in Ukraine important for human rights protection.
The selection was made on the basis of five criteria: importance of protected rights, potential or actual impact of a court decision on judicial or administrative proceeding; consideration of international standards of human rights; persuasive wording of a court decision; “courage” of a judge or judges who ruled in spite of a dominant practice or “political line”.
The rating of the decisions is as follows:
5- The decision of Economic court of Kyiv taken on 23.04.2012 by judges Hulivets’, Didychenko and Pryhunov that stopped unlawful construction works in the historical area in Kyiv. The court declared that the investor has no right to the land lot located in the protected area of the architectural monument “Sofia Kyivska”. On November 7, the decision was upheld by the appellate court and became fully effective.
4-Two court decisions share the fourth prize. By the first decision taken on 30.01.2012 by Voroshylov district court in Donetsk region, the judge Orekhov protected Ukrainian school #111 and canceled the decision of Donetsk city council about its liquidation. The court decision is based on children’s right to education. On 27 March the court decision became fully effective after the decision of an appellate court.
The other decision was taken on 30.08.2012 by Economic court in Lviv region by judges Artemovych, Moroziuk, and Tsikalo. The plaintiff, international public interest environmental law organization Environment-People-Law for the first time in judicial practice proved the obligation of a private enterprise causing adverse impact on the environment to release public information related to this impact according to the Law of Ukraine “On Access to Public Information”. The appellate court upheld the decision and it became fully effective.
3- The decision by Pecherskyi district court of Kyiv taken on 26.10.2012 by the judge Bortnytska. The court refused to satisfy the suit of the parliamentary deputy Vadym Kolisnichenko – co-author of the law severely discriminating the Ukrainian language – who demanded from another deputy to refute his statements about Kolisnichenko as a person who undermines statehood of Ukraine.
2-Two court decisions share the second prize. The first one was taken on 16.05.2012 by Kyiv appellate administrative court by judges Denisov, Grom, Kuchma declaring unlawful application of the Decree of the Supreme Council of the USSR “On Peaceful Gatherings, Meetings and Demonstrations” of 28 July 1988 and cancelled the decision of the court of the first instance about ban on peaceful gatherings.
The other decision taken by Dnipropetrovska appellate administrative court by judges Lukmanov, Bozhko, Prokopchuk on 11.12.2012 met the suit of Dmytro Zharkov who could not get into a pharmacy on a wheelchair. The court obliged the State Service for Medicine to consider annulling the license of the pharmacy that failed to ensure access for the handicapped. After the court decision, Prime-minister Mykola Azarov ordered to develop amendments to licensing conditions of pharmacies and medical institutions forcing them to ensure access to premises for the handicapped.
1- On 18.09.2012, the judge Anisimova of Kherson circuit administrative court declared unlawful the decision of Kherson city council regulating the procedure of holding gatherings, meetings and demonstrations.
The rating was developed within the project “Public enforcement of independence and fairness of courts” realized by the Center of Political and Legal Reforms supported by International Renaissance Foundation and the Embassy of the Netherlands (MATRA).
