You are reading: ALI held an expert discussion of a new study on the courts’ impact on the course of reforms in Ukraine

ALI held an expert discussion of a new study on the courts’ impact on the course of reforms in Ukraine

On September 14, 2023, the Agency of Legislative Initiatives (ALI) held an expert discussion on the results of a study on judicial influence on reforms in Ukraine. This study was prepared within the project “Civil society for post-war recovery of Ukraine and readiness for the EU”, which is financed by the European Union.

Context. Today, Ukraine has a real chance to fulfil its European integration aspirations and become a full member of the European Union. However, we still have to go through a long and difficult path of reforms. The key here will be the quality of these reforms. Therefore, it is extremely important to involve not only government agencies but also civil society and independent experts in the process of designing reforms.

During the presentation, participants discussed the phenomenon of judicial influence, its impact on the course of reforms, and possible steps to improve future reforms and cooperation between various stakeholders.

Oleksandr Zaslavskyy, director of the analytical direction of the Agency for Legislative Initiatives, moderated the discussion. He spoke about the main results of the study and key recommendations for lawmakers:

“Each new government promises to carry out reforms, but the results of these reforms do not always correspond with what was planned to be implemented. With each new iteration of such reforms, people’s trust in this government decreases. However, problems arise. In particular, due to the low quality of legislative acts. In our research, we tried to point out the factors that should be taken into account when designing reforms and make recommendations for policymakers.”

Oleksiy Tseliev, PhD in legal sciences, associate professor, expert of the Center for the Study of the Rule of Law of the Ukrainian National Academy of Sciences, noted that the practice of applying the new norms may differ from the plan — and this is a normal phenomenon.

“Errors in any normative design are normal. They cannot be predicted or avoided. It is very difficult to predict what will happen in a month, two, or a year from the application of the norm. After all, when the norm-maker formulates a norm, he proceeds from those legal relations that already exist, and not those that will arise after the adoption of the norm.”

Volodymyr Chaban, the chief national expert of the Pravo-Justice project, spoke about the possibilities of development and further work with the study of ALI:

“This study by the Agency of Legislative Initiatives combines all simple but necessary things for designing reforms. By moving in this direction, we will be able to provide some step-by-step guidance for policymakers so that they do not forget about important but often underestimated things.”

Karyna Aslanian, an expert involved in the peer review of the study, shared her vision of the practical use of ALI research:

“We know from experience that a new round of reforms usually takes place immediately after the elections. Exactly such reforms are often implemented without proper design, because the bet is on speed, not on quality. This study of the Agency of Legislative Initiatives will become a guidebook designed to protect those who will implement the next reforms from making mistakes.”

After taking into account the experts’ comments, the study will be published on the Agency of Legislative Initiatives’ website and sent to the relevant government agencies for further review and application in law-making activities.

 

Additional information:

The project Civil society for the post-war recovery of Ukraine and readiness for the EU is implemented with the support of the European Union. It is aimed at increasing the ability of the Cabinet of Ministers and the Verkhovna Rada to overcome the consequences of the war and on the way to Ukraine’s membership in the EU. The project plans to achieve this by providing expert and communication support from public organizations regarding developing and implementing relevant laws and policies.

More details about the project: https://parlament.org.ua/2022/09/19/ali-eu-readiness-consortium/ 

For additional information, contact Maria Hereles, Director of the Communications Department of the Agency of Legislative Initiatives, at mg@parliament.org.ua.

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