A scientific-practical seminar on the topic ‘Features of Consideration of Criminal Proceedings in Conditions of Martial Law’ was held at KUL NASU
On February 22, 2023, a scientific and practical seminar was held at the Kyiv University of Law of the National Academy of Sciences of Ukraine for 2nd and 3rd-year students, which was organized and conducted by the head of the postgraduate program, a professor of the Department of Criminal Law and Procedure. Raisa PERELYGINA and an associate professor of the Department of International Law and Branch Legal Disciplines by Iryna Tolkachova.
Lecturer – Svitlana YAKOVLEVA, Judge of the Supreme Court, postgraduate student at KUL NASU. Topic: ‘Features of Considering Criminal Proceedings under Martial Law’. This topic is extremely relevant, as the Ukrainian judicial system, although affected by the war, continues to function. As of the end of April 2022, 132 courts (about 20%) in Ukraine were not operating, mostly those located in territories controlled by Russian troops. The operations of courts located on or near the front line are also hindered by security issues and ongoing hostilities. However, courts located outside the occupied territories or the zone of active hostilities continue their activities. Moreover, efforts have also been made to restore the work of courts in deoccupied territories.
Ms. Svitlana also noted that Ukraine, in cooperation with the international community, must make significant efforts to further strengthen the experience of Ukrainian justice.
It should be noted that Svetlana YAKOVLEVA’s report sparked a lively discussion among those present. In particular, there was a discussion regarding the need to establish special courts for the consideration of war crimes (military courts in Ukraine were abolished back in 2010, but since the beginning of the war in 2014, the issue of restoring their activities has been actively discussed in Ukraine); the issue of difficulties in ratifying the Rome Statute (adopting legislation that contains a list of specific types of war crimes, similar to that contained in Article 8 of the Rome Statute, improves Ukraine’s criminal legislation. This could also equip judges with a more effective tool in the form of specific norms of international humanitarian law and international of criminal law, to correctly classify different types of war crimes and forms of their commission that they currently need to consider); the issue of requirements for the judicial profession (a judge must possess a number of high moral and professional qualities, such as responsibility, discipline, resilience to stress, and the ability to work in critical situations. The behavior and appearance of a judge should evoke respect from all present and confidence in the judge’s righteousness, ability, and skill to resolve complex cases).
Ms. Svitlana also spoke about the rules for evaluating evidence: no evidence has a predetermined weight for the court; courts must assess evidence in terms of relevance, admissibility, credibility, sufficiency, and interconnection; all doubts must be interpreted in favor of the defendant.
Most students understood that the work of a judge is not easy, but at the same time extremely interesting.
In conclusion, Ms. Svitlana wished the students, in case they choose the profession of a judge, to be demanding both professionally and psychologically with themselves.
The event held once again confirmed that the combination of theory and practice is the key to quality education and professional training of lawyers.
Press Center KUL NASU