Andrii Nyzhnyi is a speaker at the presentation of a new project by the Council of Europe to support the judiciary in Ukraine

Andrii Nyzhnyi, Senior Partner and Head of Domestic Dispute Resolution at Hillmont Partners, participated in an online event to launch the project of the Council of Europe “Support to the Judiciary in Ukraine During and Post-War “, which took place on 27 March 2023.

The purpose of the meeting was to unveil the new project of the Council of Europe, as well as to present and discuss the findings of the study within the Council of Europe project “Support to the Judiciary of Ukraine for Better Access to Justice” on the unity of appellate courts practice in Ukraine, tools for ensuring the unity of judicial practice which are used in the Council of Europe member states, and the use by the Supreme Court of cassation filters.

As a national expert of the Council of Europe and the author of the study of the Supreme Court’s practice on the application of cassation filters in administrative, commercial and civil cases (01.01.2020 – 31.12.2021), Andrii Nyzhnyi presented key conclusions of this study. In particular, it was proposed to extend to up to 1-2 months the period for deciding whether to open cassation proceedings; for a transitional period until the Unified Judicial Information and Telecommunication System becomes fully operational, to authorize the Supreme Court to request case files in order to decide whether to open cassation proceedings, to establish additional criteria for a motivational part of rulings on refusal  to open cassation proceedings, and to simplify the algorithm for applying cassation filters by the Supreme Court.

At the same time, according to the expert, the role of the Supreme Court for the optimal balance between its private (ensuring lawful and fair resolution of a particular case) and public (ensuring unity for application of legislation and development of law) functions today and in the future still remains an open issue.

The event was attended by the Supreme Court judges, members of the High Council of Justice, representatives of the Council of Judges of Ukraine, the National School of Judges of Ukraine, the State Judicial Administration of Ukraine, members of the Ukrainian Parliament and representatives of international organisations and projects.

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