Nove Pravosuddya Justice Sector Reform Program (New Justice)

NOVE PRAVOSUDDYA JUSTICE SECTOR REFORM PROGRAM (NEW JUSTICE)

Quarterly Performance Report April - June 2020

Contract No.: AID-OAA-I-13-00032 Task Order No.: AID-121-TO-16-00003

Prepared for USAID/Ukraine C/O American Embassy 4 Igor Sikorsky St., Kyiv, Ukraine 04112

Prepared by Chemonics International Inc. 1717 H Street, NW Washington, DC 20006

Table of Contents

I. ACRONYMS AND ABBREVIATIONS 3 II. CONTEXT UPDATE 5 III. EXECUTIVE SUMMARY 6 IV. KEY NARRATIVE ACHIEVEMENT 14 OBJECTIVE 1: JUDICIAL INDEPENDENCE AND SELF GOVERNANCE STRENGTHENED 14 OBJECTIVE 2: ACCOUNTABILITY AND TRANSPARENCY OF THE JUDICIARY TO CITIZENS AND THE RULE OF LAW INCREASED 18 OBJECTIVE 3: ADMINISTRATION OF JUSTICE ENHANCED 20 OBJECTIVE 4: QUALITY OF LEGAL EDUCATION STRENGTHENED 24 OBJECTIVE 5: ACCESS TO JUSTICE EXPANDED AND HUMAN RIGHTS PROTECTED 28 V. PROGRESS AGAINST TARGETS 32 VI. PERFORMANCE MONITORING, EVALUATION AND LEARNING 34 VII. LESSONS LEARNED 35 VIII. ENVIRONMENTAL MONITORING 36 IX. PROGRESS ON LINKS TO OTHER ACTIVITIES 37 X. PROGRESS ON LINKS TO HOST GOVERNMENT 38 XI. PROGRESS ON INCLUSIVE DEVELOPMENT 39 XII. FINANCIAL INFORMATION 40 XIII. GRANTS AND SUBCONTRACTS 41 XIV. ACTIVITY ADMINISTRATION 42 XV. ATTACHMENTS 44 A. List of Deliverables 44 B. Public Outreach Documents 45 C. Performance Data Table 46 D. Grants and Subcontracts Table 76 E. Future Activities Table 80 F. Milestones Progress Report 83 G. Success Story 170

I. ACRONYMS AND ABBREVIATIONS ADR Alternative Dispute Resolution AMCU Anti-Monopoly Committee of Ukraine APEOU Association of Private Enforcement Officers of Ukraine BPA Business Process Analysis CJC Community Justice Center CCU Constitutional Court of Ukraine CMI Court Management Institute COE Council of Europe COJ Council of Judges CRC Citizen Report Card CSO Civil Society Organization ER Expected Result FAIR USAID Fair, Accountable, Independent, and Responsible Judiciary Program in Ukraine GOU Government of Ukraine HACC High Anti-Corruption Court HCJ High Council of Justice HQC High Qualifications Commission of Judges IAHR Institute for Applied Humanitarian Research IFJSE International Framework for Judicial Support Excellence IT Information Technology JRC Judicial Reform Council JSRS Justice Sector Reform Strategy LGBTI Lesbian, Gay, Bisexual, Transgender, and Intersex LNU Lviv National University MDT Ministry of Digital Transformation MEISEE Mandatory, External, Independent, Standardized Entrance Exam for Master’s Degree Programs in Law and International Law USQU Unified State Qualifications Exam in Law MOE Ministry of Education and Science MOJ Ministry of Justice MSU Michigan State University NABU National Anti-Corruption Bureau NAHEQA National Agency for Higher Education Quality Assurance NAPC National Agency for the Prevention of Corruption NGO Nongovernmental Organization NSJ National School of Judges ODR Online Dispute Resolution OSCE Organization for Security and Cooperation in Europe PIO Public Information Officer PEO Private Enforcement Officers

SAF Strategic Activities Fund SAG Strategic Advisory Group SCt Supreme Court SGBV Sexual and Gender-based Violence SJA State Judicial Administration TOR Terms of Reference TOT Training of Trainers UCU Ukrainian Catholic University

II. CONTEXT UPDATE It has been almost one year since the President of Ukraine established the Legal Reform Commission aiming at further development of the Ukrainian legal system with respect to the Constitution of Ukraine, rule of law principle, human rights and international obligations of Ukraine. As of today the work of the Commission has not resulted in comprehensive understanding and acceptance by all stakeholders’ vision of the justice sector reform. The President, the members of the Parliament and the Cabinet of Ministers come up with legislative initiatives, which are sometimes contradictory, fragmented, and inconsistent. This has already resulted in unconstitutionality of they laws adopted by the Parliament and pending submissions to the Constitutional Court regarding other laws, as well asmixed messages that the Ukrainian government sends to international partners. New Justice continues to be a neutral and professional resource to its partners and promotes a sustainable and comprehensive approach to the reforms with respect to rule of law principles and best international practices.

Comprehensive legal education reform is at serious risk of backsliding for the first time since 2014 due to tension between the Ministry of Justice (MOJ), Ministry of Education (MOE) and Verkhovna Rada Sub-Committee on Higher Education. The MOJ’s withdraw itself from the coalition of legal education reform champions by relinquishing its competence in the field of legal education as does not see this area as priority one. The recent controversial Cabinet of Ministers’ appointment of the Rector of Chernihiv Technological University Serhiy Shkarlet, who had ties to the Party of Regions, as Acting Minister of Education and Science of Ukraine, undermines the MOE integrity.

The impact of COVID-19 continues to disrupt the regular functions of government, judiciary, business, and civil society in Ukraine. In the case of the judiciary the notable example of such impact is postponing the XVIII Regular Congress of Judges that was scheduled to take place on April 6 and 7, 2020 in Kyiv to elect a Judge of the Constitutional Court of Ukraine (CCU) and the new Council of Judges (COJ) composition, as well as to consider other agenda items to be suggested by the delegates. However, due to the spread of COVID-19 the COJ has issued a decision to postpone the Congress of Judges for an indefinite term. The interviews with the candidates for the CCU, scheduled for March 27, 2020, were also postponed for an indefinite term.

Meanwhile, the COVID-19 pandemic related quarantine restrictions also create new opportunities for New Justice efforts on building self-reliance of Ukrainian partners. The use of New Justice– promoted distance training and education tools for the MOE and National School of Judges (NSJ) as well as e-justice elements for courts is growing as the quarantine prompted New Justice governmental partners to find the political will to proceed with the modern tools listed above. In addition, New Justice non-governmental partners demonstrated that they are capable of rapidly transfering to remote online and phone work as legal services providers which increased their visibility in communities around Ukraine. ______

III. EXECUTIVE SUMMARY Key Narrative Achievements During this reporting period New Justice continued making a significant impact in advancing justice sector reform in Ukraine despite the ongoing political instability and attempts towards backsliding and the new challenges of COVID-19 disruptions on the Government of Ukraine (GOU) functions. The following key achievements were made during this quarter:

• New Justice finalized the TOR for the development of electronic forms to be used for complaints against public procurement outcomes to the Anti-Monopoly Committee of Ukraine (AMCU) and submitted it for review to the AMCU and the ProZorro State Enterprise. Based on the outcomes of the review, New Justice will evaluate further assistance to the AMCU in this area. • New Justice provided support to the Council of Judges (COJ) Judicial Ethics Committee in analyzing judicial ethics related gaps and issues, particularly those related to administration of justice during the COVID-19 pandemic, in order to amend the Code of Judicial Ethics and Rules of Conduct for Court Staff. • In order to improve the High Council of Justice (HCJ) judicial discipline practice, New Justice continued developing the draft Manual on Disciplinary Proceedings against Judges to provide HCJ inspectors with practical guidance on preliminary screening of disciplinary complaints, investigating judicial misconduct, and drafting findings memo upon investigation results. • New Justice supported the HCJ with organizing an online roundtable with participation from the leadership of judicial institutions to discuss potential USAID support in response to the COVID-19 pandemic challenges. • New Justice continued support to the Verkhovna Rada Legal Policy Committee in developing amendments to the Law on the Judiciary and Status of Judges, the Law on the High Council of Justice, and other laws and regulations to address Constitutional Court of Ukraine (CCU) decisions. • New Justice continued assisting the National School of Judges (NSJ) in developing a training program for appellate- and cassation-level judges “Judicial control over the caseflow management”, by involving international expert Dr. Giuseppe Fazari to finalize the curriculum. • In order to improve the Ukrainian judiciary’s capacity to properly respond to the COVID-19 pandemic, New Justice facilitated cooperation between the National Judicial College in Reno (USA) and the NSJ to prepare and deliver three webinars for judges, court administrators, and mediators on “The Role of Judge and Court Administrator in a Pandemic”, “Mindfulness and Stress Reduction in Trying Times”, and “Mediation: Key Elements for Successful Programs”. • New Justice jointly with the Federal Mediation and Conciliation Service (USA) and National Association of Mediators of Ukraine (NAMU) conducted a series of webinars regarding online mediation in different spheres.

• New Justice continued its efforts to improve procedures for judicial selection and qualifications evaluation through development of a Handbook for the High Qualifications Commission of Judges (HQC) members. • New Justice supported the Ministry of Justice (MOJ) in establishing ad hoc effective channels of communication with the citizens regarding Ministry operation and services available under the quarantine restrictions and COVID-19 pandemic. • New Justice jointly with the European Union (EU) “Pravo-Justice” Project developed joint recommendations to the legislation on the enforcement of judgements and shared them with the MOJ and Verkhovna Rada Legal Policy Committee. • Six Community Justice Centers (CJC) contiue to operate with New Justice support in Chuhuyiv of Kharkiv Oblast, Chernihiv, Ichnya of Chernihiv Oblast, Bila Tserkva of Kyiv Oblast, Tatarbunary of Odesa Oblast, and the City of Odesa. All six CJCs received substantial technical assistance from New Justice experts on remote base, five CJCs operate with New Justice grant support and one, in the town of Tatarbunary, operates with EU funding. • CJCs provide about a dozen types of legal services to citizens and serve as a dialog platform which facilitates community and government authorities to work together in order to identify, resolve, and prevent community legal issues. All six of the New Justice established and supported CJCs were able to rapidly and effectively react to the recent pandemic and quarantine challenges. CJCs are among those who have not just continued their activities, but also expanded their services to provide legal assistance, consultations, and psychological support to citizens impacted by social panic through various online platforms, social networks, and phone hotlines. In addition, in this reporting period CJCs in Bila Tserva, Chernihiv, and Chuhuyiv identified and prevented serious community conflict between entrepreneurs and local administrations. • In this reporting period, a long term New Justice partner CSO Institute of Applied Humanitarian Researches (IAHR) significantly improved the methodology of ongoing monitoring public trust level in the judiciary through online surveys which was developed earlier with New Justice grant support. For improving and additional testing of the methodology, IAHR did not use additional funding neither from New Justice nor from other international organizations. IAHR used only New Justice expert support and their own resources. The improved methodology demonstrated the same precision as expensive surveys conducted by specialized companies and can be used any time by any governmental or non-governmental institution(s). • New Justice supported the capacity of Ukrainian courts to communicate effectively with the public and media, conducting jointly with the HCJ and State Judicial Administration (SJA) webinar on best national and international practices in courts’ communications during the pandemic, as well as involving an Expert who is developing Guide on Crisis Communications for Courts. New Justice also supported the High Anti-Corruoption Court (HACC) in designing and printing a poster on judicial values. • In view of ongoing legislative efforts in introducing classic jury trials in Ukraine, New Justice provided the SJA, MOJ, and Legal Policy Committee of the Parliament with a detailed Roadmap to institute a new model to manage jurors engagement and their service. The

model, developed by U.S. Expert Dr. Giuseppe Fazari covers aspects of automation systems, facilities, public and personnel management, trial coordination, and fiscal management. • New Justice supported the Parliamentary Committee on Education, Science, and Innovations in reviewing the draft GOU Action Plan with respect to legal education reform efforts and providing recommendations for improvement. As a result, the Cabinet of Ministers adopted the amended GOU Action Plan that expressly stipulated comprehensive legal education reform and provided for unified state qualifications exam among other measures. However, on June 18, 2020, the Verkhovna Rada of Ukraine failed to approve the GOU Action Plan. • New Justice supported the National Agency for Higher Education Quality Assurance with expertise on the US standards for law school licensing and accreditaion of law programs. To this end, New Justice with permission from the American Bar Association (ABA) translated the ABA Standards for Approval of Law Schools into Ukrainian. This effort will encourage the development of local licensing requirements for law schools and accreditation requirements for law programs. • New Justice supported eight leading Ukrainian law schools with transitioning to remote teaching, learning, and testing through a series of webinars on modern tools and approaches to distance education. New Justice engaged more than 150 law school administrators, faculty, and student leaders in interactive video workshops and surveys aimed at identifying key challenges related to distance education, conducting stakeholder needs assessments, and developing action plans for a smooth transition to remote legal education. This capacity building effort directly affected the quality of education received by thousands of law students. It also improved the abilities of administrators and law professors to effectively respond to ongoing challenges resulting from the quarantine and better prepare them for engaging in distance education in the future beyond COVID-19 restrictions. • New Justice continued supporting MOJ and the Coordination Center for Legal Aid Provision (CCLAP) in advancing juvenile justice reform, improving cooperation between governmental and independent legal aid providers, increasing the ability of attorneys to provide free legal to protect the rights of a child in criminal and administrative proceedings, and improving coordination and communication among all governmental and non- governmental stakeholders involved in national and international disputes and national court cases arising out of the armed conflict in the territory of Ukraine. • New Justice, MOJ, CCLAP, and United Nations Children’s Fund (UNICEF) in Ukraine signed a multilateral memorandum of understanding (MOU) outlining areas for further cooperation in implementing best practices in justice for children, including improving the quality of free legal aid for them. • New Justice continues supporting the improvement of the quality of legal clinical education by finalizing the first textbook on Legal Clinical Education in Ukraine.

A. Quantitative Highlights From the start of the project in 2016 to the end of this reporting period, New Justice provided assistance to 9 national judicial institutions, 24 legal education institutions, 46 courts of appeals, 328 local courts, and 45 Civil Society Organizations (CSOs).

The most notable quantitative highlights for the New Justice Program in this reporting period include: • Using online platforms, New Justice provided training opportunities for 596 justice sector personnel and law school faculty representatives. Training topics included judicial response to COVID-19 challenges, stress reduction for judges and court staff, distance education for law students, corporate mediation, court-annexed mediation, and digitalisation in judicial institutions operation. • New Justice CSO partners continue to implement 43 MOU, Protocols of Cooperation , joint programs, and other formalized linkages with judicial and governmental institutions at the national and local level. Out of these 43 linkages there are four joint programs signed and started in this reporting period. • Six CJCs established with New Justice support continue to provide legal aid, consultations, ADR, psychological support, and other types of services. In this reporting period, the CJCs rapidly and efficiently transferred into remote service provision using phone, online platforms, and social networks. With the COVID-19 outbreak, the number of CJC beneficiaries significantly increased, each CJC provides consultations and support on legal issues remotely to 150-250 citizens per month. In this reporting period CJCs reported that in total over 5,000 citizens received assistance, mostly on legal issues related to COVID-19.

B. Activity Administration The main administrative challenge the New Justice faced during the reporting period remained the quarantine lockdown that the Ukrainian government imposed due to the outbreak of the COVID-19 virus. During April and first half of May severe quarantine restrictions continued to be in place in all regions of Ukraine and during the end of May and June some of bans were lifted within the frameworks of an adaptive quarantine regime introduced allowing some selected regions of Ukraine to restore their operations. However during the entire reporting period the New Justice team continued working remotely from their homes, all program activities were delivered via online tools, no in class events were conducted, the team members visited office only when it was extremely necessary, and the number of staff present in the office was reduced to minimum.

During the reporting period, New Justice engaged 30 independent consultants to share their experience and expertise, including 12 international experts on a paid basis, two international experts on a pro bono basis, 15 local consultants contracted on a paid basis, and one local pro bono consultant.

The New Justice Program registration card No. 3504 was updated by the Secretariat of the Cabinet of Ministers on May 6, 2020 in the view of new grantees and recipients the program provided support to during the reporting period.

Subsequent Reporting Period Anticipated work in the next reporting period includes the following:

• In the next reporting period, New Justice will monitor and analyze legislative initiatives in the judicial sector to strengthen judicial independence and accountability. • New Justice will support the development and implementation of practical tools for judges to report improper or illegal interference through standardized forms and guidelines for judges and court staff. • New Justice will continue assisting the HCJ in finalizing the Manual on Disciplinary Proceedings against Judges. In addition, New Justice will facilitate stakeholders’ discussions on the status and powers of the HCJ Service of Inspectors, as well as disciplinary inspector’s procedural authorities and qualification requirements for candidates to this position. • New Justice will organize independent expert research of Supreme Court (SCt) case law to analyze the grounds the SCt changed its own legal opinions and positions. The research will be aimed at assessing the SCt ability to perform its function of safeguarding the unification and consistency of the case law. • New Justice will finalize the development of the Solution Explorer platform and begin its pilot period to promote ODR implementation in the Ukrainian justice sector. Along these lines, New Justice will also support as appropriate the AMCU in strengthening its capacity to process appeals in the field of public procurement. • New Justice will promote changes to the governance structure in the judiciary based on recommendations developed by Ukrainian and international experts, aiming to introduce clear division of authority and responsibilities between the SJA, HCJ and COJ, as well as to revise the role of state enterprises in the process of developing software solutions to Ukrainian courts. • New Justice will continue providing support as appropriate to efforts of judicial institutions in implementing the outcomes of the case weighting study and assessing the resources needed to handle the current caseload. • New Justice will transfer to the NSJ updated materials of the Chief Judge Leadership Program, Court Administrator Leadership Program, and Executive Education Program. • New Justice will continue finalizing the draft curriculum “Judicial control over the caseflow management” to present it to the NSJ for implementation into the NSJ training framework for appellate- and cassation-level judges. • New Justice will continue to assist Ukrainian stakeholders in developing a consistent, modern, and all-encompassing regulatory framework for mediation and support professional associations and ADR practitioners in promoting conflict resolution policy. • New Justice will continue to support the NSJ in developing a Public Health Law Benchbook. • New Justice will continue to support the NSJ and mediator’s community in delivering web- based trainings/webinars to Ukrainian justice sector professionals and mediators. These virtual events will discuss topics relevant to the role of the justice sector during national emergencies, such as pandemic situations and topical questions of their day-to-day work. • New Justice will support Ukrainian stakeholders in improving the international arbitration framework by assessing the underlying environment for establishing a new international arbitration court andconsidering issues related to the legal and regulatory framework, range of ADR services, facilities, staffing, and overall financial and operational sustainability.

• New Justice will continue to support the MOJ in strengthening its capacity to timely and effectively inform citizens about the progress of operations of the state enforcement service. • New Justice will continue jointly with the APEOU to launch the survey among acting PEOs to study the enforcement effectiveness baseline. • Also, jointly with other donors, New Justice will support the newly selected APEOU Disciplinary Ombudsman, to be selected by the Association in July 2020, in unifying PEO disciplinary practices and by sharing expertise on international disciplinary standards. • New Justice will continue to advocate positive legislative changes to the enforcement legal framework, specifically New Justice will contribute to the discussion and finalization of relevant, recently registered in the Parliament legislative initiatives. • New Justice jointly with the COJ will continue to increase judges awareness regarding managing possible conflicts of interests in their activities. • New Justice will continue its efforts to improve courts’ outreach by presenting to the judicial partners a Crisis Communications Guide for courts, Recommendations for judges and court staff on communications in social media, and Recommendations for the SJA in updating job descriptions of court employees responsible for communications to clarify their duties. New Justice will also provide support to HACC with developing and printing informational materials for marking the first anniversary of their operation. • New Justice will contribute to jury trial reform through providing recommendations to the draft laws on jury trials planned to be submitted by the GoU in next reporting period, support public awareness campaign regarding jury service, and develop training programs for judges and court administrators regarding work with the jury. • Additionally, New Justice will update the Gender in Justice Index in line with the latest changes to national legislation to be used by the Judiciary on a regular basis. • New Justice will support implementation of the Code of Judicial Ethics through updating the Code and its Commentary and by developing and establishing an online training tool for judges, court staff, and jurors on ethical issues and conflicts of interest. New Justice will also facilitate cooperation between judicial self-governance bodies and professional associations of lawyers through roundtable discussions in various regions of Ukraine aimed at improving judicial operations and promoting better bar-bench relations. • New Justice will promote dialogue between court staff and judicial leadership in making important decisions regarding the day-to-day work of the courts and revising the Rules of Conduct for Court Staff. • New Justice will continue to support the Working Group on Legal Education Reform of the Legal Reform Commission under the President of Ukraine; the Parliamentary Committee on Education, Science, and Innovations; the MOE; leading law schools; and other stakeholders in their efforts to finalize and advocate for the adoption of the Legal Education Reform Concept Paper and Action Plan. In addition, New Justice will support the Parliamentary Committee on Education, Science, and Innovations, and the Committee on Legal Policy in organizing and conducting a Committee Hearing on Legal Education Reform. • New Justice will support the MOE in developing quality exam questions to test cognitive abilities of applicants for master’s degree programs in Law and International Law and

implementing the Mandatory External Independent Standardized Entrance Exam (MEISEE) for master’s degree programs in Law and International Law. • New Justice will further facilitate building institutional bridges between leading law schools and professional associations of lawyers to promote and enable practice-oriented and experience-based legal education even in the time of quarantine restrictions. • New Justice will start its preparations to conduct an evaluationof the impact of independent, on-site assessements of legal education quality at four leading Ukrainian law schools conducted in 2014 – 2018 to improve legal education quality. This effort will elicit approaches to implementing expert recommendations and inform further capacity building programming. • New Justice will support the Ukrainian Catholic University School of Law (UCU Law School) in presenting and launching its brand-new bachelor’s degree program that UCU Law School developed with New Justice’s expert support based on the Innovative (Model) Law School Curriculum earlier designed by New Justice’s team of international experts to support Ukrainian law schools in modernizing their curricula. This effort will further promote the Innovative (Model) Law School Curriculum as an innovative tool for strengthening the quality of legal education in Ukraine. • New Justice will continue implementing the Certificate Program in Rule of Law involving competitively selected U.S. and Ukrainian universities by facilitating presentations and discussions of capstone projects,awarding certificates to the participants who complete the Certificate Program in Rule of Law with involvement of the Yaroslav Mudryi National Law University, and building its capacity to further implement the certificate program. • New Justice will assist the MOE in implementing the Model Regulation on a Legal Clinic of a Higher Educational Institution and the Association of Legal Clinics of Ukraine (ALCU) in developing a textbook and templates for the Legal Clinical Education course. • New Justice will finalize the first ever translation into Ukrainian of Tom Bingham’s book On the Rule of Law. • New Justice will support the HQC in improvement procedures for judicial selection and qualifications evaluation by developing a Handbook for HQC Members. • New Justice will continue supporting the PIC in increasing self-reliance, building institutional capacity, enhancing cooperation with the HQC, and raising public awareness about its activities. • New Justice will conduct analysis of the legislative and regulatory framework, as well as all relevant web resources regarding the online publication of information regarding judicial selection, qualifications evaluation, and discipline. • New Justice will continue supporting the NSJ Testing Center in increasing self-reliance and building institutional capacity. • New Justice will continue to strengthen organizational capacity of justice sector reform- oriented partner CSOs. In the next reporting period, New Justice will promote online (remote) use of the CSO self-assessment tool developed by New Justice experts earlier in implementation and use the results to build capacity development roadmaps for at least 10 partner CSOs.

• In the next reporting period, New Justice will publish a Request for Applications (RFA) for CSOs to conduct an analysis of courts implementation of performance improvement recommendations derived from user satisfaction surveys in all courts of Ukraine’s 23 oblasts and the City of Kyiv in 2019, including developing performance improvement recommendations. Specific points of this analysis will include but are not limited to recommendations on removing access barriers to court premises, services, and information, as well as increasing accessibility of e-justice and ADR services. • New Justice will continue to provide substantial technical assistance to six CJCs in Chernihiv, Kyiv, Kharkiv, and Odesa Oblasts. New Justice CJC local experts will conduct a series of CJC capacity development trainings using online training platforms. The training topics include implementation and use of the CJC organizational capacity check list, using online tools for service provision and experience exchange, conducting webinars and video-conferencing, utilizing mediation, and facilitating community dialogue through social networks and others. • New Justice will continue supporting the MOJ and CCLAP in advancing juvenile justice reform, designing and conducting TOT and trainings for attorneys providing free legal aid to protect the rights of a child in criminal and administrative proceedings. • New Justice will support the MOJ in improving coordination and communication among all governmental and non-governmental stakeholders involved in national and international disputes and national court cases arising out of the armed conflict in the territory of Ukraine through delivering reports on the use of law as an instrument of national power and conducting videoconference with stakeholders. • In the next reporting period New Justice will develop and publish a Request for Proposals (RFP) for research companies to conduct national surveys of the public, judges, and legal professionals working in courts who are not judicial employees. These surveys will start in September 2020 aiming to collect empirical data on the justice sector and anti-corruption reform progress. Due to the COVID-19 quarantine New Justice will conduct these surveys using online tools for judges and legal professionals and by way of Computer-Assisted Telephone Interviewing (CATI) for general public.

IV. KEY NARRATIVE ACHIEVEMENT

Pursuant to section F.3.D.2 of the contract, the following section discusses and analyzes the status of affairs, key achievements to date, and explains deviations in implementation of the work plan for each Objective from April 1, 2020 through June 30, 2020.

OBJECTIVE 1: JUDICIAL INDEPENDENCE AND SELF GOVERNANCE STRENGTHENED

Current Status of Affairs Anti-Corruption Courts. On June 18, 2020, the Law on “Amending Law of Ukraine “On High Anti- Corruption Court” regarding providing the HACC with a building and other questions of the court operations” was adopted by the Verkhovna Rada. The law allows the HACC to be the manager of the public property (this is the fix of the existing gap in the regulation which does not allow the HACC to receive public property in use) and establishes the term in the office for investigative judges for two years upon the consent of the judge with the possibility of the reelection. Also, the Law on “Amending Law of Ukraine “On Restructuring a Debt of the State Enterprise Antonov” regarding clarifying some provisions on restructuring debt to ensure providing HACC with a building” was adopted by the Verkhovna Rada of Ukraine on the same day. The Law is aimed at ensuring the transfer of the building on Peremohy Avenue, 41 to HACC. The Cabinet of Ministers will now have the right to transfer the building to the HACC.

Legislative Framework. On May 29, 2020, the Plenum of the Supreme Court was conducted. The justices approved the decision to send the submission to the CCU to review the constitutionality of the number of provisions of the Cabinet of Ministers Decrees regarding the limitations connected to the COVID19 pandemic, including the self-isolation, the ban of flights, the limitation of the right to a peaceful assembly, etc. The submission also asks to check the constitutionality of the limitation for the judicial remuneration, introduced by the law 553-IX to the Budget Code of Ukraine in April 2020.

On June 22, 2020, the draft law Amending Law ‘On the Judiciary and Status of Judges’ and Selected Laws Regarding the Operations of the Supreme Court and Judicial Governance Body (No. 3711) was submitted to the Verkhovna Rada by the President of Ukraine. The draft is an attempt to address key recommendations of the Venice Commission from December 9, 2019, as well as the decision of the CCU related to the Supreme Court of Ukraine on February 18, 2020, and the CCU’s ruling on Law 193-IX on March 11, 2020. These amendments may unblock judicial selection and qualifications evaluation processes, but undermine the role of international experts in the process. Overall, these amendments give more powers to the HCJ and do not provide adequate mechanisms for ensuring the accountability and integrity of this critical judicial institution.

Criminal Liability of Judges. On May 18, 2020, draft Law on Amending the Criminal Code of Ukraine regarding the Liability of the Judge for Rendering Biased Decision was submitted to the Verkhovna Rada by the group of Members of the Parliament from the Servant of People Party (No. 3500). This draft proposes to amend article 375 of the Criminal Code to establish the criminal liability of the judges for rendering the decision in which the judge knowingly wrongly applied the law a gross procedural violations took place, or the facts of the case do not correspond the conclusion of the decision. T

On June 11, 2020, the CCU found article 375 of the Criminal Code of Ukraine unconstitutional. In November 2019, 55 members of the Parliament submitted to the CCU the submission of article 375 to check the constitutionality. Article 375 of the Criminal Code establishes criminal liability for issuing a "knowingly illegal decision". In the submission, the MPs stated that a "knowingly illegal decision" is rather evaluative and judgemental, its content is legally vague and does not ensure the predictability of its implementation. Thus, according to MPs, it violates the rule of law principle and is unconstitutional. The CCU stated in its decision that the article does not contain the criteria for assessing the "illegality" of the decision and also the article does not explain what "knowingly illegal" means. These issues can lead to inconsistent interpretations of the article. The decision states that criminal law should be defined, clear, predictable, and unambiguous. This is the guarantee for the judge to be independent and administer justice with respect to the rule of law principle. Criminal liability for "knowingly illegal decision" creates the risks and possibilities for undue influence on the judges. According to the CCU, the constitutional provisions on the independence of judges are reversed by the implementation of article 375. As a result, the CCU found article 375 of the Criminal Code contradicting the rule of law principle, specifically the predictability principle, and does not adhere to the judicial independence principle and binding nature of the judicial decisions. The CCU postpones the unconstitutionally of article 375 to enter in force so that the Verkhovna Rada has time to amend the legislation with respect to this decision of the CCU.

Judicial Selection and Qualifications Evaluation. On November 7, 2019, the Law 193-IX entered into force immediately terminating the term in office of the HQC members and suspending all the HQC selection and qualifications evaluation proceedings until the new members of the HQC are appointed. On December 10, 2019, the HCJ adopted Regulation on the Competitive Selection of HQC Members in the furtherance of the Law 193-IX. The regulation was considered controversial and was heavily criticized by the civil society and experts. Due to the controversiality of the HCJ regulation, international and foreign organizations did not nominate its candidates to the Selection Commission that should had been established in order to select members of the reformed HQC. HCJ did not amend its regulation to bring it in line with the Law. As a result, the Selection Commission was not formed and the process of competitive selection of HQC members was halted. Legislative amendments are required now to conduct competitive selection of the HQC members.

Judicial Self-Governance. New Justice continued supporting the COJ in developing and implementing policies aimed at increasing the efficiency of judicial self- governance taking into account the COVID-19 outbreak. In addition to the letter issued on March 16, 2020 with the first set of recommendations for courts on how to manage operations during the COVID-19 pandemic, COJ Chair Judge Bohdan Monich contributed to the National Judicial College and NSJ webinar on “The Role of Judge and Court Administrator in a Pandemic” as a COJ Chair Judge Bohdan Monich contributing to the National speaker and provided an update on the COJ Judicial College and NSJ webinar on “The Role of Judge and Court Administrator in a Pandemic”on April 28, 2020. PHOTO: actions with regards to delivering justice USAID New Justice Program. during the pandemic.

Gender Issues. Women’s representation in the judiciary and their involvement in the decision- making process is crucial. As of January 2020, there are more women among judges than men: 53% against 47% in first instance and appellate courts have 37% women as chief judges, including women in charge of two national level courts – the SCt and the HACC. However, men judges significantly prevail in the CCU, SCt, and HACC. New Justice continues its work to enhance the representation of women in courts and decision-making positions within the Judiciary.

Key Achievements to Date Anti-Corruption Courts. On June 23, 2020, New Justice and the EU Anti-Corruption Initiative met with the leadership of the HACC. All the leadership of the HACC took part in the meeting. USAID representatives also participated in the discussion. During the meeting, the donors stressed that the EU and the international community are looking closely at HACC performance. The HACC representatives outlined that the judges are concerned about the fact that 50% of hearings during the pandemic are postponed due to the absence of the parties (people cannot arrive at the court due to the travel limitations or feel unsafe to be in public places). Nevertheless, as of June 23, the HACC issued 11 verdicts since September 5, 2019, including 1 acquittal. The participants of the meeting discussed all the variety of challenges the HACC faced including a limited budget, training needs, communications, e-case management development, court security, the unification of case law, and cooperation with the NGOs. As a result of the meeting, the participants agreed to proceed with a series of thematic meetings to discuss the following areas: 1) psychological training on resilience and stress management; 2) case management; 3) communications; and 4) opinion writing.

Legislative Framework. In the reporting period, New Justice jointly with donor partners from the EU worked closely on the analysis of important Constitutional Court decisions and proposed legislative initiatives to come up with ajoint position and recommendations. Later on, they were presented to the leadership of the Parliamentary Legal Policy Committee to be taken into account in the consideration by the Parliament.

Criminal Liability of Judges. In the reporting period, in light of the legislative initiatives and a recent CCU decision New Justice contacted the Parliamentary Committees on Legal Policy and Law Enforcement to share important resources on the criminal liability of judges. These resources included the translation of comparative law materials and an expert report developed by New Justice and FAIR experts. The Chair of the Law Enforcement Committee Denys Monastyrskyi, during the meeting with the Ukrainian Bar Association, commented in the faith of Article 375 and informed that the article will stay in the Criminal Code with amendments needed to clarify its scope and eliminate opportunities for the law enforcement authorities to put undue pressure on judges. As of now, the Committee considered three alternative drafts and plans to finalize these activities in September 2020.

Interference with the Judiciary. In the reporting period, New Justice launched an activity to improve the reporting of judges for interference with the judiciary. New Justice involved Judge Jose Manuel Cardoso and Professor Serhii Riznyk to assess the current system of reporting and institutional

response from the HCJ and General Prosecutor Office to the reported facts on interference with justice delivery. Experts will identify gaps in current legal regulations which may prevent the HCJ from being more active in defending judicial independence in Ukraine. As a result of the assessment, the experts will develop recommendations on a sound and comprehensive set of criteria for identifying the notion of undue pressure/interference in justice delivery. To support this activity New Justice involved a data analysis expert to analyze the data from the existing HCJ Registry of Reports about the Interference with the Judiciary (Registry) to 1) process the documents and their texts aiming to classify reasons and grounds for judicial reports to HCJ; 2) analyze the posted submissions with a focus on geography, timing, and results of consideration by the HCJ; 3) identify flaws in its functionality and develop recommendations for the HCJ on improving the Registry content for better perception by judges and the public. In the upcoming period, the experts will continue their work.

During the reporting period, New Justice developed an online survey for judges to clarify their attitude towards the current system of reporting and the extent to which they are satisfied or not with HCJ reaction to information on interference with the judiciary. New Justice coordinated its activity with HCJ and COJ to ensure the questionnaire is comprehensive and accurate forUkrainian judges. In the upcoming period, the data analysis expert will also design and post the survey online. The data received as the result of the expert analysis of the Registry will be used by the New Justice expert in developing recommendations for the improvement of the system for reporting undue influence.

Judicial Self-Governance. During this reporting period, New Justice continued supporting the COJ Judicial Ethics Committee in revising the Code of Judicial Ethics and Rules of Conduct for Court Staff. Particularly, New Justice supported the COJ in conducting a comprehensive analysis of relevant ethical isssues that judges and court staff are facing. New Justice also supported the COJ in conducting working meetings aimed at finalizing the amendments to the Code of Judicial Ethics and Rules of Conduct for Court Staff. The COJ shall approve the updated versions of these documents in the next reporting period.

Judicial Selection. New Justice continued its efforts in improving procedures for judicial selection and qualifications evaluation by developing a Handbook for HQC members.

Judicial Discipline. During the reporting period, New Justice continued supporting the HCJ in developing the Manual on Disciplinary Proceedings against Judges. New Justice local expert Professor Andrii Boiko proceeded with drafting the Manual in line with the previously agreed Concept and based upon working materials designed within previous reporting periods. During the next reporting period, the expert will finalize the draft Manual and present it to the HCJ for further review and feedback.

Anti-Corruption Issues in the Judiciary. In June 2020, New Justice reviewed the NACP Draft Anti- Corruption Strategy 2020-2024 and provided recommendations on its improvement. Among other

issues, New Justice recommended to revisit provisions on the HCJ members’ conflicts of interests, as well as on the judicial integrity and professional ethics requirements.

Enhancing Representation and Leadership of Women Judges in Judicial Governance Bodies and Courts. In this reporting period, New Justice started working on the update of the Gender Sensitivity Index of the Judiciary that was developed by the New Justice in 2018 to make its indicators in line with the latest changes in national legislation and state policy in gender equality. The Index is a tool that helps the Judiciary to measure gender equality in the justice system in order to identify gaps or areas that need to be improved. Its indicators are divided into the 3 blocks: the gender composition of the judiciary, including representation of women and men in higher courts and leadership positions; training of judges with a gender component in it; and delivery of justice with a gender- sensitive approach and case law consistency.

Explanation on Deviations in Implementation of the Work Plan Due to the special quarantine restrictions imposed by the GOU, the COJ had to postpone the last two regional discussions about amending the Code of Judicial Ethics of Ukraine, which were planned for March. New Justice will support the COJ in conducting those two regional discussions in an online format.

OBJECTIVE 2: ACCOUNTABILITY AND TRANSPARENCY OF THE JUDICIARY TO CITIZENS AND THE RULE OF LAW INCREASED

Current Status of Affairs Court Communications. New Justice supports the Judiciary in promoting transparency and public trust through expert support in developing necessary guidelines in the area of effective court communications and training of judges and court staff. New Justice works in close cooperation with the HCJ, Communications Committee of the COJ, and NSJ in this respect and coordinates its efforts in this respect with other international partners, such as EUAM and EU Pravo-Justice Project.

Improvement of Jury Service. In furtherance of Articles 124 and 129 of the Constitution of Ukraine, to enhance right to fair trial, build up public trust in the judiciary and improve trial skills of attorneys and prosecutors, the Government with the initiative of the MOJ submitted to the Parliament Bills that introduce a classic jury trial for selected criminal cases that due to the change in the GOU in the beginning of March were withdrawn from consideration of the Parliament. However, this legislative initiative is one of the priorities of the Parliament as mentioned in its Joint Committees’ on Legal Policy and Law Enforcement Recommendations. The MOJ considered New Justice expert recommendations to the new draft laws and submitted them for the approval of the Cabinet of Ministries, after which they will be submitted to the Parliament.

Civil Society Engagement in Justice Sector Reform. Since the beginning of the project New Justice supported 45 justice sector reform CSOs. Program non-governmental partners implemented dozens of projects related to promoting transparency, accountability, and integrity of judicial selection; supporting the judicial administration bodies in ensuring their systematic and

coordinated work; inceasing access to justice; monitoring judicial reform; and increasing professional competences of judges, court staff, legal aid providers etc. While technical expertise of justice sector reform oriented CSOs is very high, their organizational capacity and capability to advocate for addressing public demand by GOU remains an issue. To address this gap between CSOs’ expertise and organizational capacity, New Justice works intensively with CSO partners to provide individual consultations regarding various organizational development issues such as CSO governance, management, and financial viability.

Key Achievements to Date Improving Outreach by the Judiciary to the Public and Press. In view of the challenges faced by the Judiciary during the COVID-19 outbreak, New Justice jointly with the HCJ and SJA conducted a webinar for judges and court public information officers on the best national and international practices of court communications during pandemic with the involvement of U.S. Expert Leah Gurowitz, Director of media and public relations, D.C. courts. At the same time, New Justice involved an Expert who is developing, in a close cooperation with the COJ, a Crisis Communications Guide for courts to provide clear step-by-step action plans to run court communications policies when responding to various types of challenges, both internally and externally, during crises. New Justice also supported the HACC in developing and printing a poster on judicial values to raise public awareness about it.

Improving Institution of Jury as a Means to Promote Transparency in Justice Delivery Process. New Justice supported the MOJ and the Parliament’s Legal Policy Committee in developing the legal framework aimed at improving jury trials in Ukraine by providing jointly with the EUAM additional expert explanations to the recommendations that required additional clarification as well as participating in online discussions on the implementation of classic jury trials in Ukrainian courts. A New Justice Expert in Court Administration from the U.S., Dr. Giuseppe Fazari, developed a Roadmap for the SJA with a list of recommendations in key areas to anticipate with the introduction of the traditional jury trial model in Ukrainian courts. The Roadmap was shared with the SJA, MOJ and the Parliament for consideration.

Bar Professional Ethics. In the reporting period, New Justice conducted meetings with the professional lawyers’ NGOs to discuss the perspectives of cooperation in the area of improving the Bar Code of Conduct. At these meetings, New Justice presented recommendations provided by Leah Wortham from the analysis of the Rules of Professional Conduct (approved by the Reporting and Elective Congress of Attorneys of Ukraine in 2017) on their adherence to the international standards, specifically the CCBE Charter of Core Principles and Code of Conduct. As a result of the meetings, New Justice agreed with the Ukrainian Bar Association to create a working group to work through the recommendations and launch activities on developing the draft Code of Conduct. These activities will be conducted in the upcoming period. New Justice will continue involving all stakeholders to make this process as inclusive as possible.

Civil Society Engagement in Justice Sector Reform. In this reporting period New Justice long term partner CSO IAHR significantly improved the methodology for ongoing monitoring of public trust in

the judiciary through CAWI (Computer Assisted Web-Interviewing), which was developed earlier with New Justice grant support. In order to improve and conduct testing of the improved methodology nationewide IAHR did not use additional funding from New Justice nor from other international organizations. IAHR used only New Justice expert support and own resources. The improved methodology demonstrates the same precision as surveys conducted by specialized companies and can be used any time by any governmental or non-governmental institution(s). Further, the methodology not only allows the measurement of the percentage of people who tend to trust (or tend not to trust) in the judiciary and other governmental institutions, but also assesses the objective and subjective factors that influence public trust, to analyze the correlation between trust and demographic characteristics of the population (age, level of income, employment status etc) and, most importantly, to learn about public perception of selected court performance characteristics(effectiveness of procedures, professionalism and independence of judges, accessibility of services and premises, etc.).

Explanation on Deviations in Implementation of the Work Plan In this reporting period, New Justice rescheduled events for CSO partners on the use of Capacity Assessment/Capacity Development Roadmap Tool due to COVID-19 quarantine restrictions on face-to-face meetings and workshops. New Justice is working on developing an on-line version of this tool and instructions on its use in order to conduct such events online in the next reporting period.

OBJECTIVE 3: ADMINISTRATION OF JUSTICE ENHANCED

Current Status of Affairs Administration of Justice. During this reporting period, New Justice continued providing support to reforming the governance structure of the judiciary as requested by the Verkhovna Rada Legal Policy Committee. To that end, New Justice assembled a team of Ukrainian, European, and U.S. experts in order to perform a gap analysis of the current structure, evaluate the potential need to merge the HCJ with the SJA, and prepare recommendations and respective draft legislative changes.

Strengthening a Role of Judges and Court Administrators in Responding to COVID-19. New Justice jointly with the National Judicial College in Reno (USA) and the NSJ conducted a series of three webinars on April 28, 29, and 30, 2020 to discuss and share experiences with U.S. colleagues regarding the role of a judge and a court manager during the pandemic.

Promotion of an Online Mediation During the Unprecedented Challenges Appeared with COVID-19. During the reporting period, New Justice supported the NAMU and regional organizations of mediators in conducting a series of web-trainings to increase mediators’ skills regarding virtual mediation techniques.

Improving the Enforcement Efficiency. Currently the Unified Registry of Private Enforcement Officers includes 249 PEOs including ten of those whose licenses were suspended and two whose licenses were rescinded by the PEO Disciplinary Commission. According to the MOJ official statistics, in 2019 the unpaid debt based on court judgments amounted to UAH 796.8 billion, while

only UAH 20.7 billion was collected during the same period. The total amount of outstanding court- ordered debt in 2019 represents more than one-fourth of the Ukrainian annual GDP. It also proves that the annualised rate of enforcement is equal to a mere 2.6%. More than half of the above- mentioned court-ordered debt of the UAH 796.8 billion is owed by State entities, including State- owned businesses.

Recently the MOJ drafted a bill that was approved by the Ukrainian Government and registered in the Parliament on June 5 No. 3609. While the document contains some positive initiatives, it has already raised concerns in the professional community (Open statement of Ukrainian Bar Association) and among international experts. Most importantly, the draft provides no comprehensive solution to the systemic problems that have existed in the enforcement system for decades – as attested by numerous violations of the European Convention on Human Rights Article 6 for which Ukraine was punished by the European Court of Human Rights (ECHR) - nor does it solve the threats of undue influence and corruption in the enforcement system.

Of particular concern are the proposed regulatory initiatives by the MOJ aimed at stricter control over PEOs through inspections,disciplinary procedures, and marginalization of self-governance of the Association of PEOs of Ukraine, while at the same time discriminating in favour of the State Enforcement Service. As an alternative to the aforementioned bill, draft laws No. 3726, No. 3727, No. 3728 and No. 3729 were registered in Verkhovna Rada. Recently the Parliament Committee on Legal Policy established a Working Group that will consider all draft laws and produce one unified document.

In the meantime on July 15, 2020, the Parliament adopted draft law No. 3707 introducing electronic writ of enforcement.

Key Achievements to Date Efficiency in Administration of Justice. During this reporting period, New Justice continued to provide the COJ, SJA, and HCJ with support in the application of the results of the case weighting study to determine the necessary number of judges in Ukraine’s courts. In particular, after discussions with stakeholders, New Justice agreed to update the calculations of the average time required to process different types of cases in order to account for the heavy distortion resulting from the current understaffing of the judiciary. Based on the updated calculations, the SJA and HCJ will determine the number of judges required to handle the current caseload on a court-by-court basis. In all likelihood, this will result in an increase of the number of judicial staff positions in courts, since the current caseload appears very high. At the same time, New Justice recommends taking a cautious approach in this matter and conducting a new case weighting study once most of the current vacancies in courts have been filled, since the current understaffing of courts may be the source of considerable data distortions.

New Justice continued providing support to improving the efficiency of the administration of justice through reforming the governance structure of the judiciary, as requested by the Verkhovna Rada Legal Policy Committee. To that end, New Justice assembled a team of Ukrainian, European, and U.S. experts in order to perform a gap analysis of the current governance structure, evaluate the potential need to merge the HCJ with the SJA, and prepare recommendations and well as respective draft legislative changes. To date, the Ukrainian experts have completed the baseline gap analysis and drafted iniitial recommendations. During the next reporting team, international experts will 21

review the draft and prepare a broader set of recommendations to strengthen the institutional capacity of Ukrainian judicial governance institutions. The experts will also pay special attention to the UJITS development process and make recommendations to that end.

New Justice also continued the development of the Solution Explorer – a system designed for assisting citizens with the resolution of their legal issues with certain Online Dispute Resolution functionality. Currently the system functionality is around 80% ready, and this quarter New Justice will focus on finalizing and piloting this system together with our partners. In order to popularize the Solution Explorer, New Justice conducted a series of online presentations of the system to a broad audience of judges, lawyers, and law students, as well as to representatives of the IT community.

Additionally, under the framework of the Protocol of Cooperation signed between the The Anti-Monopoly Committee of Ukraine and USAID New AMCU and New Justice, New Justice experts Justice Program sign a Protocol of Cooperation on April 15, 2020 in Kyiv. PHOTO: USAID New Justice Program, Anti- completed the Terms of Reference for Monopoly Committee of Ukraine. electronic complaint forms in public procurement disputes handled by the AMCU, and submitted it for review to the AMCU and ProZorro State enterprise. Based on the outcomes of this review, New Justice will consider the scope of further support of this initiative.

In order to coordinate activities of the Ukrainian judiciary in respond to COVID-19 and streamline potential USAID assistance to this effect, on June 22, 2020, New Justice supported the HCJ in organizing an online roundtable with participation fromthe leadership of judicial institutions. Summarizing the discussions, New Justice Program COP David Vaughn identified three themes for follow-on work, namely: (1) the need to balance the rights of individuals against the need for public health restrictions Andrii Ovsiienko, Chair of the High Council of Justice, and in these times; (2) promoting online hearings, Vladyslav Gurtenko, Head of the International Cooperation videoconferencing, and online filings, Office, HCJ Secretariat, during the online roundtable with including legislative changes to allow their representatives from key judicial institutions, USAID and New Justice on June 22, 2020. PHOTO: USAID New Justice Program. extending; and (3) ensuring teleworking and online education for judges and court staff.

Strengthening a Role of Judges and Court Administrators in Responding to COVID-19. COVID-19 has underscored the importance of preparedness for the Ukrainian judiciary in being able to effectively respond to a pandemic. As with many judicial systems around the world, Ukrainian courts are

struggling with many pandemic related challenges from internal court management issues and communications to access to courts and court services. In this regards, New Justice jointly with the National Judicial College in Reno (USA) and the NSJ conducted a series of three webinars on April 28, 29, and 30, 2020 on the Role of the Judge and Court Administrator in a Pandemic; on Mediation: Key Elements for Successful Programs; and on Mindfulness and Stress-Reduction in Trying Times accordingly. These webinars emphasized that all judicial branch employees, including judges and court administrators, have a leadership role in preparing for an effective response by their courts through developing and implementing emergency action plans, communicating with court staff, media, and the public, and ensuring continuity of court operations; identified ways to conduct distance mediations and demonstrated the advantages of mediation as a supportive mechanism for judges and court staff to ensure access to justice together with the mediator community; and also demonstrated how mindfulness can help them to cope with stress, enhance leadership, and boost creativity, which is crucial for providing an effective response to current challenges. 480 people registered for the three webinars received materials and recordings of the webinars. More statistics is available here and for more information follow the next links: http://nsj.gov.ua/ua/news/rozpochato-seriu-vidkritih-vebinariv-shodo-diy-sudovoi-vladi-v- umovah-pandemii/; http://nsj.gov.ua/ua/news/prodovjuetsya-seriya-vidkritih-vebinariv-shodo- diy-sudovoi-vladi-v-umovah-pandemii/; http://nsj.gov.ua/ua/news/zavershilasya-seriya- vidkritih-vebinariv-shodo-diy-sudovoi-vladi-v-umovah-pandemii/

Promotion of an Online Mediation During the Unprecedented Challenges Appeared with COVID-19. During the reporting period, New Justice supported NAMU, the Mediation and Dialogue Research Center at Kyiv-Mohyla Academy, Ukrainian Mediation Center at Kyiv-Mohyla Business School, and regional organizations of mediators in conducting a series of five webinars jointly with the Federal Mediation and Conciliation Service (USA) and also involving well-known U.S. mediators: Mr. Frank C. Laney, Circuit Mediator for the U.S. Fourth Circuit Court of Appeals and Mr. William J. Piercy, Esq., business mediator with more than 20 years of practice in the “corporate divorce” arena. More than 660 participants attended these events. In this time of quarantine when meetings are forbidden, telephone or other electronic communication have become the new method of mediation work. However, mediating electronically requires a different skill set. During the webinars participants – mediators, lawyers, free legal aid practitioners – had the opportunity to learn how to continue to help resolve cases during this period of “social distancing” in general, and also in corporate and labor cases, in particular. For more information follow the next links: https://newjustice.org.ua/uk/events/vebinar-yak-zdijsnyuvati-mediatsiyu-po-telefonu-poradi-z- 23-richnogo-dosvidu/; https://ukrmediation.com.ua/ua/navchannia/korotki-navchalni- prohramy/158-mediator-styles-and-their-significance; http://namu.com.ua/ua/resources/news/khutsesva-pyeekashchkya-sroamr/; https://www.facebook.com/NAMUkraine/posts/1772462086211123?__xts__[0]=68.ARBYJHa73z; http://namu.com.ua/ua/resources/news/khutsesva-pyeekashchkya-sroamr/; http://namu.com.ua/ua/resources/news/khutsesva-pyeekashchkya-sroamr-2-m-vyebkrau-vke- oyerkv-fmcs-fya/.

Arbitration. In the reporting period, New Justice ADR experts conducted a series of meetings and consultations including representatives of the MOJ, Office of the President of Ukraine, National Investment Council of Ukraine, American Chamber of Commerce (AmCham), International

Commercial Arbitration Court (ICAC), and judges and lawyers. The experts work to review and assess the underlying environment for establishing a new international arbitration court, considering issues related to the legal and regulatory framework, the range of ADR services, facilities, staffing, and overall financial and operational sustainability. Following stakeholder meetings and consultations, the experts will develop a report on perspectives for improvement of commercial dispute resolution to improve the overall investment climate in Ukraine.

Improving the Enforcement Efficiency. New Justice jointly with the EU Project Pravo -Justice and Association of PEOs of Ukraine and in collaboration with the Ukrainian legal community, representatives of banks, businesses, civil society organisations and academia, contributed to the development of the above-mentioned draft laws No. 3726, No. 727, No. 3728, and No. 3729. Also, to bring more public attention to the problems in the reform of judgements, New Justice and EU “Pravo-Justice” Project released a joint position paper titled “Why Ukraine needs new enforcement legislation”.

Explanation on Deviations in Implementation of the Work Plan No significant deviations in implementation of the Work Plan took place during the reporting period.

OBJECTIVE 4: QUALITY OF LEGAL EDUCATION STRENGTHENED Current Status of Affairs During the reporting period, New Justice continued to advocate for and support comprehensive legal education reform despite the challenges posed by COVID-19. In addition to the challenges of the pandemic, the MOJ left the coalition of legal education reform champions by relinquishing its competence in the field of legal education. This led to public criticism of the MOJ decision, including a critique from Head of the Verkhovna Rada Sub-Committee on Higher Education Yulia Hryshyna.

Exacerbating the ongoing political crisis further, on June 25, 2020, despite resistance from the Verkhovna Rada, the Cabinet of Ministers appointed Rector of Chernihiv Technological University Serhiy Shkarlet as Acting Minister of Education and Science of Ukraine. This appointment generated several protests opposing Mr. Shkarlet because of his past ties to the Party of Regions and discovery of significant volumes of alleged plagiarism in his academic publications. Leading university rectors lobbied President Zelenskyy for Mr. Shkarlet’s appointment as Minister of Education and Science of Ukraine following their meeting with President Zelenskyy on June 2, 2020. Interviews given by Mr. Shkarlet indicate that he ostensibly intends to continue his predecessors’ course. However, given his background and his alleged commitment to advancing rectors’ agenda of preserving the status quo, a comprehensive legal education reform is at serious risk of backsliding for the first time since 2014.

Despite the current political and public health challenges, New Justice will continue to build on current achievements and support the Working Group on Legal Education Reform of the Legal Reform Commission under the President of Ukraine, the MOE, the Verkhovna Rada Committee on Education, Science, and Innovations, and other key stakeholders in enabling a comprehensive legal education reform as a precursor for a well-functioning judiciary in Ukraine.

Key Achievements to Date New Justice continued to support the Working Group on Legal Education Reform of the Legal Reform Commission under the President of Ukraine and the Parliamentary Committee on Education, Science, and Innovations, MOE, the National Agency for Higher Education Quality Assurance, leading law schools, professional and student associations in their efforts aimed at creating conditions that will reward high-quality legal education, drive corrupt and poorly performing law schools out of business, ensure that future generations of legal professionals are adequately prepared, and secure Ukraine’s self-reliance in reforming its justice sector moving forward.

Advancing legal education reform, New Justice drew Head of the Verkhovna Rada Sub-Committee on Higher Education Yulia Hryshyna’s attention to deficiencies of the draft GOU Action Plan initially approved by PM Denys Shmygal’s Cabinet and provided recommendations for improvement. As a result, the Cabinet of Ministers on June 12, 2020 adopted the GOU Action Plan that, in part due to New Justice’s advocacy efforts, expressly stipulated comprehensive legal education reform and provided for a unified state qualifications exam, among other measures. However, on June 18, 2020, the Verkhovna Rada failed to approve the GOU Action Plan.

Using this momentum, on June 12, 2020, New Justice supported the online meeting of the Verkhovna Rada Sub-Committee on Higher Education’s Working Group in charge of organizing a Committee Hearing on Legal Education Reform. Twenty Working Group members, including Head of the Verkhovna Rada Sub- Committee on Higher Education Yulia Hryshyna, Head of the Working Group on Legal Education Reform of the Legal Reform Commission under the President of Ukraine Nataliya Kuznietsova, Head of the MOE Sub- Committee on Legal Education Standards Andriy Boyko, Head of the Rectors’ Union Leonid Huberskyi, Deputy Head of the

National Agency for Higher Education Participants of the online meeting of the Verkhovna Rada Sub- Quality Assurance Ivan Nazarov, and Committee on Higher Education’s Working Group in charge of administrators of leading law schools, and organizing a Committee Hearing on Legal Education Reform on bar associations and law student June 12, 2020. PHOTO: Office of MP Yulia Hryshyna. organizations, discussed the current state of legal education in the light of the COVID-19 challenges and agreed to amend the draft Legal Education Reform Concept Paper to address them. The Working Group decided to reschedule the Committee Hearing on Legal Education Reform for September 2020 and, in the meantime, continue preparations for the event.

During the reporting period, New Justice supported the MOE in implementing merit-based graduate admissions testing to law schools. New Justice assisted the MOE with providing expert support as to developing quality exam questions to test cognitive abilities, such as critical thinking, analytical thinking, and logical reasoning, of applicants to master’s degree programs at Ukrainian law schools. Further, New Justice updated brochures for test takers to pepare for such examination as a component of the Mandatory, External, Independent, Standardized Entrance Exam (MEISEE) for master’s degree programs in Law and International Law. Over 15,000 test-takers are expected to sit

for MEISEE on July 3 (main session) and July 17 (additional session), 2020 and benefit from fair, objective, and transparent admissions processes.

Further, New Justice continued to advocate for law school-specific licensing and accreditation standards to be introduced in Ukraine. Following the December 2, 2019 New Justice-hosted expert discussion that brought together over 12 representatives of key legal education stakeholders to present New Justice’s report outlining the U.S. experience regarding the standards, procedure and practice of law school accreditations, on February 6, 2020 the National Agency for Higher Education Quality Assurance (NAHEQA) requested New Justice’s support in translating the American Bar Association’s Standards for Approval of Law Schools. On April 2, 2020, New Justice signed a letter of agreement with the American Bar Association (ABA) that authorized New Justice to translate the ABA Standards for Approval of Law Schools into Ukrainian to satisfy the NAHEQA request.

As a result, New Justice supported NAHEQA with expertise on the U.S. standards for law school licencing and accreditaion of law programs and provided translation of the ABA Standards for Approval of Law Schools to NAHEQA, the MOE, leading law schools, bar associations, and law student organizations. This effort raised awareness of local legal education stakeholders of best practices of standard-setting for law schools and will be instrumental in implementing the amendments to the Law on Higher Education that enable the introduction of legal education- specific requirements for university licensing and accreditation of law programs. To this end, the MOE by its decree approved the the List of Regulated Specialties, including Specialty 081 “Law” and Specialty 293 “International Law”, as advocated for by New Justice. This decree implements the Law on Higher Education and serves as a step forward in implementing a comprehensive legal education reform in Ukraine. New Justice will continue to support the development of local licencing requirements for law schools and accreditation requirements for law programs going forward.

In response to the COVID-19 challenges, New Justice supported eight leading Ukrainian law schools with transitioning to remote teaching, learning, and testing through a series of webinars on modern tools and approaches to distance education. In April – June 2020, New Justice engaged over 150 law school administrators, faculty and student leaders in 16 interactive video workshops and surveys aimed at identifying key challenges related to distance education, conducting stakeholder needs assessments, and developing action plans for a smooth transition to remote legal education. This capacity building effort directly affected and will continue to affect the quality of education of thousands of law students. It also improved the abilities of administrators and law professors to effectively respond to ongoing challenges resulting from the quarantine and better prepared them for engaging in distance education into the future beyond COVID- 19 restrictions. New Justice’s International Participants of the interactive video workshop on best practices Legal Education Expert Speedy Rice and of online examinations on May 4, 2020. PHOTO: USAID New Local Legal Education Expert Bohdan Justice Program. Karnaukh provided expertise regarding platforms, tools, techniques, and best practices of online legal education, facilitated the workshops, 26

and produced a report with respective recommendations. Further, New Justice engaged three leading bar associations, namely the National Bar Association of Ukraine, the Association of Ukrainian Lawyers, and the Association of Ukrainian Advocates, in supporting law schools in their search for online placements for law students. New Justice will continue to build bridges between the bar and the academia to strengthen legal education quality.

Further, New Justice continued to engage professional associations of lawyers in raising awareness about legal education reform. To this end, on June 12, 2020, New Justice supported the Legal Education Committee of the Association of Advocates of Ukraine (AAU) in organizing and conducting an online discussion on legal education reform. This

Participants of the online discussion on legal education reform public event brought together practicing in Ukraine on June 12, 2020. PHOTO: USAID New Justice advocates and legal education reform Program. champions, including Head of the Working Group on Legal Education Reform of the Legal Reform Commission under the President of Ukraine Nataliya Kuznietsova, Head of the MOE Sub- Committee on Legal Education Standards Andriy Boyko, Head of the AAU Commiittee on Legal Education Volodymyr Vikhliaev, and MOE Expert on Legal Regulation of Higher Education Oleksandr Pyzhov. This event received attention of over 1,000 online viewers and raised awareness of the legal community about the state of legal education reform in Ukraine, perspectives for its development in the context of quarantine, and mechanisms for engaging practicing lawyers in legal education quality assurance, including the establishment of boards of trusted advisors at law schools.

New Justice also supported the Students’ League of the Association of Lawyers of Ukraine in designing and implementing a pilot all-Ukrainian law student opinion survey on the state of legal education in Ukraine, whose results the Law Students’ League publicly presented in May 2020. This effort gave voice to more than 500 law students from over 60 law schools across Ukraine and strengthened the Law Students’ League’s capacity to represent its members, and advocate for comprehensive legal education reform going forward. New Justice will continue to support law students’ associations to further strengthen the coalition of legal education reform champions in Ukraine.

Further, New Justice supported the Yaroslav Mudryi National Law University in organizing and conducting an online discussion on opportunities and challenges for digitalizing justice in the time of physical distancing on June 24, 2020. This event raised awareness of over 35 faculty leaders, students, and legal practitioners about instruments for online dispute resolution based on tools developed or being developed in Canada, Estonia, the U.S., and New Justice International ODR Expert Lauryn Kerr is delivering a presentation on the Civil Resulution Tribunal, Canada’s first Ukraine. The participants discussed the online court on July 24, 2020. PHOTO: USAID New Justice challenges and opportunities in Program. 27

transitioning to online dispute resolution in the time of COVID-19 pandemic and idiated approaches to engaging law schools, bar associations, and other legal ecosystem representatives in developing and promoting the instruments for online dispute resolution through legal innovations.

Further, during the reporting period, the Ministry of Digital Transformation (MDT) requested New Justice’s support in developing an online video series on legal innovations for the government portal of digital learning Diia based on the Model Legal Innovations Course Syllabus developed earlier and piloted by three leading law school with support from New Justice and in cooperation with the MOJ, law schools, and the community of legal hackers. New Justice jointly with the office of the OSCE Project Co-ordinator will support the MDT in developing and launching the video series on legal innovations to further promote digital transformation of legal education and the legal profession in Ukraine.

During the reporting period, New Justice continued supporting the improvement of legal clinical education in Ukraine. Particularly, New Justice in close cooperation with the OSCE Project Co- ordinator in Ukraine finalized the first textbook on Legal Clinical Education in Ukraine for law students and law schools’ professors. This textbook covers all the necessary issues needed to conduct legal clinical courses, including the values that legal clinics are built on, ethical and psychological issues of working with various clients, legal drafting, interviewing and counseling skills, and legal issues related to representation of clients. The textbook will undergo professional editing and will be presented to the public in the next reporting period.

In order to improve the understanding and proper application of the rule of law principle among legal professionals and scholars, New Justice conducted the first translation into Ukrainian of Tom Bingham’s book On the Rule of Law. The translated book will be finalized in the next reporting period.

Explanation on Deviations in Implementation of the Work Plan

Due to the special quarantine restrictions imposed by the GOU, New Justice postponed the ROL Certificate Program graduation ceremony, initially planned for March.

OBJECTIVE 5: ACCESS TO JUSTICE EXPANDED AND HUMAN RIGHTS PROTECTED Current Status of Affairs During the reporting period, New Justice continued supporting the MOJ and CCLAP in advancing juvenile justice reform, improving cooperation between governmental and independent legal aid providers, raising the ability of attorneys providing free legal aid to protect the rights of a child in criminal and administrative proceedings; and improving coordination and communication among all governmental and non-governmental stakeholders involved in national and international disputes and national court cases arising out of the armed conflict on the territory of Ukraine.

New Justice continues support the Judiciary, Association of Women-Lawyers of Ukraine and other women rights protection organizations in their work on counteracting gender-based violence. After the e-petition on ratification of the Istanbul Convention, submitted to the President of Ukraine by 41 human rights organizations of Ukraine, received the required number of signatures, the President officially announced that respective Bill on ratification will be soon submitted to the Parliament. During the quarantine period, Ukrainian courts have been continuing to operate, including considering domestic violence cases, with judges as well participating in topical online

discussions with other state actors, including police, on how to provide better responses to domestic violence.

New Justice continues to support developing CJCs in Ukraine. CJCs provide a sustainable mechanism for collaboration between justice sector institutions and the communities that they serve by providing a one-stop shop for the public to access a wide range of services, including legal aid and mediation services that will help to better resolve legal issues at the local level. New Justice CSO partners, in cooperation with local courts and local government currently operate six CJCs: in the City of Odesa, in Tatarbunary of Odesa Oblast, in Chuhuyiv of Kharkiv Oblast, in Bila Tserkva of Kyiv Oblast, in the City of Chernihiv and in Ichnya of Chernihiv Oblast.

Key Achievements to Date Providing Greater Protections to the GBV Victims and Other Vulnerable Groups. The Curriculum on Gender Equality and Women’s Rights for law school students, developed by New Justice grantee Association of Women-Lawyers of Ukraine (JurFem), is being gradually included as an elective course into the educational process in the upcoming year by some universities. New Justice is also working on updating the Gender Sensitivity Index of the Judiciary with the aim to reintroduce this tool to the Judiciary in order for them to measure how well the court system is doing in terms of gender sensitive approaches, response to gender discrimination, and gender-based violence.

Developing Community Justice Centers. Due to the current pandemic situation and quarantine measures in Ukraine since March 2020, CJCs suspended receiving customers at their offices and conducting public events such as in-class trainings and forums. Meanwhile, CJCs substantially increased their service provision on a distance basis through phone calls and various online tools such as messengers, social networks, and videoconferencing. As a result of the pandemic situation and imposed quarantine measures, the number of legal issues communities face has increased – particularly those related to employment,

business operations, housing, and health care. The pandemic situation and accompanied Representatives of the CJC in the City of Chernihiv in May 2020. quarantine limitations increased threats for PHOTO: CJC in the City of Chernihiv. human rights and created additional barriers in access to justice and legal aid. In these circumstances, CJCs became a consolidative platform for civil society, local government, and the private sector efforts to effectively address the rapidly growing legal needs of communities. During this reporting period CJCs provided online legal support to more than 5,000 citizens. Each CJC serves 150-200 citizens per month using various remote methods, including phone and messengers such as Skype, Viber and WhatsUp, as well as Facebook groups.

In this reporting period, CJCs substantially expanded their cooperation with courts taking into consideration the new challenges in access to justice as the result of the pandemic situation and related quarantine. CJCs cooperation with local courts include distance consultations to litigants about court procedures and operations, raising public awareness about courts and work of judges, including available ADR services. Cs also took the leadership to prevent potential and resolve

СJ 29

existing COVID-19 related community conflicts in Chernihiv, Chuhuyiv and Bila Tserkva. In these communities the conflicts between private small businesses who work on open food markets and authorities including law enforcement and public health authorities started in April 2020. The subject of the conflict was why small food stores and supermarkets are open and operational and open air markets are banned during the quarantine period. Market entrepreneurs considered it as discriminatory and unfair and started raising issues, protesting and getting close to violence. CJCs facilitated discussions between various conflicting parties to prevent violence and to ensure that banned market sellers do not feel discriminated against. As of the end of this reporting period the quarantine restrictions are eased for open markets, but CJCs continue to assess potential similar conflicts and contact their potential participants to educate them and provide tools to encourage them to avoid any illegal actions.

Supporting Juvenile Justice Reform. In order to better coordinate the joint efforts in the area of juvenile justice with other stakeholders, on April 29, 2020 New Justice signed a multilateral memorandum of understanding (MOU) with the MOJ, CCLAP and United Nations Children’s Fund (UNICEF) in Ukraine outlining areas for further cooperation in implementing best practices in justice for children, including improving the quality of free legal aid for them. Based on the MOU, New Justice in conjunction with UNICEF will provide expert support to the MOJ and the Coordination Center in improving the respective legal framework. Additionally, New Justice will support the MOJ in developing common standards for the training of justice system professionals

working with children (lawyers, judges, Participants of the online coordination meeting based on the prosecutors, policemen, etc.), taking into signed MOU between New Justice, MOJ, UNICEF, and CCLAP on account international experience and the May 21, 2020. PHOTO: USAID New Justice Program. results of existing training courses and programs. According to the MOU, New Justice supported the CCLAP in developing the training curricular for TOT for lawyers providing free legal aid on protecting the rights of juveniles in criminal and administrative proceedings. Due continued travel and quarantine restrictions the TOT is rescheduled for the next reporting period. These joint efforts are aimed at creating child-friendly justice, which in its turn will increase the level of security in communities and facilitate their social and economic development.

Supporting GOU Efforts in Using Law as an Instrument of National Power. New Justice continued supporting the MOJ in designing activities on improving coordination and communication among all governmental and non-governmental stakeholders involved in national and international disputes and court cases arising out of the armed conflict on the territory of Ukraine. On April 29, 2020 and May 28, 2020 New Justice conducted coordination meetings to support the MOJ initiative on advancing strategic litigation in the armed conflict related disputes and using law as an instrument of national power. Ivan Lischyna, Deputy Minister of Justice of Ukraine, Yevgen Yenin, Deputy Minister of Foreign Affairs of Ukraine, Gyunduz Mamedov, Deputy Prosecutor General of Ukraine, and New Justice international humanitarian law experts Rachel VanLandingham, Professor of Law, Southwestern Law School, Los Angeles, Geoffrey Corn, Presidential Research Professor of Law, South Texas College of Law Houston, Houston Texas, Iryna Marchuk, Associate Professor, University of Copenhagen developed common understanding of using the “lawfare” term in the

Ukrainian context, discussed the vision on advancing strategic litigation in armed conflict-related disputes and agreed on the next steps to support governmental efforts in using law as a tool for advancing Ukraine´s national interests. New Justice prepared reports on the international experience of responding to “lawfare” tactics; and analysis of pending inter-state proceeding arising out of the armed conflict pursued by Ukraine in international courts and tribunals. The reports along with the recommendations will be presented during a videoconference with the governmental stakeholders during the next reporting period.

Also, New Justice signed a Memorandum of Understanding with the National Board of Trade of Sweden to cooperate and coordinate support to the MOJ in reviewing the performance related to representing Ukraine in inter-jurisdictional disputes and develop recommendations for improving MOJ operations in these matters based on international best practices. During the reporting period, the National Board of Trade expert conducted a series of topical meetings with the MOJ International Disputes Department to review its practice and policy to engage outsourced legal support to manage state representation function in inter-jurisdictional disputes before international courts. The National Board of Trade expert conducted an independent review of the MOJ practice and policy and drafted a report with examples of existing European models and approaches of the best state interest representation in the courts (including self-representation, outsourced legal support, and the interplay between them both) along with the analysis of the best practice to follow. The draft report contains recommendations for strengthening the capacity of the MOJ to safeguard Ukraine's proper legal representation in inter-jurisdictional disputes. In the upcoming period, the New Justice will review the draft, work with the expert to finalize it. The report will then be translated and presented to the MOJ.

Promoting Cutting Edge Digital Solutions to Strengthen Access to Justice. On May 6, 2020, New Justice led a session at the Global Digital Development Forum (GDDF) on innovative approaches for engaging both the public and private sectors in strengthening access to justice by introducing digital solutions. The GDDF was organized by USAID, Save the Children, TechChange, IntraHealth International, CRS and ICT4D and engaged 2,600 participants in the first totally digital global event of its kind. New Justice partners from the High Council of Justice, Yaroslav Mudryi National Law University, and the Hague Institute for Innovation in Law shared best practices for advancing online dispute resolution platforms to improve access to courts, presented how to incorporate tech innovations into legal education, and provided tips for bringing tech entrepreneurs together with legal professionals to promote justice solutions. Session recordings are available on the TechChange Youtube channel or on the GDDF platform.

Explanation on Deviations in Implementation of the Work Plan No significant deviations in implementation of the Work Plan took place during the reporting period.

V. PROGRESS AGAINST TARGETS

New Justice will achieve 88 expected results (ERs), which will lead to high-level changes in the justice system. These changes represent five program objectives and 16 program sub-objectives (SOs). New Justice has 70 output and outcome indicators to mirror program key results. For the Program Year 4, New Justice has 63 indicator targets, while the remaining 7 indicators do not have targets for this reporting period because they represent context indicators or because they do not have related activities in this reporting period.

Attachment C Performance Data Table provides details regarding the status of New Justice performance indicators as of the end of this quarter. The table below summarizes New Justice actual progress made in this reporting period against 63 annual targets disaggregated by the five project objectives:

Number of Progress made New Justice Number of indicators indicator targets towards 2020 Objectives LOP for 2020 target Program Goal 1 1 0 Objective 1 17 15 3 Objective 2 19 16 2 Objective 3 16 14 4 Objective 4 7 7 2 Objective 5 10 10 1 TOTAL 70 63 12

In this reporting period New Justice made measurable progress towards 12 out of 63 (19%) targets set for this Program Year.

The areas where New Justice program made progress this quarter include: • Training justice sector personnel in judicial response to COVID-19, distance education methods, ADR and digital solutions for judiciary. • Strengthening capacity of organizations who provide alternative disputes resolution (ADR) services including Community Justice Centers (CJCs). • Promoting partnership between judiciary and civil society organizations which includes involvement of judicial personnel, GOU, and civil society representatives in public discussions on the implementation of constitutional and legislative amendments regarding justice sector reform • Increasing the role of civil society in improving the justice sector in Ukraine. • Developing standards for legal education.

The areas where New Justice did not achieve progress towards annual 2020 targets include: • Support justice sector institutions in developing tools for reporting corruption. • Promoting bar reform including capacity of bar to counteract corruption in the judiciary. • Capacity of High Council of Justice and High Qualifications Commission to implement judicial performance indicators and to publish them online 32

• Developing efficient tools for justice sector personnel and citizens to report corruption and unethical behavior. • GOU capacity to collect anti-corruption data including number and percent of judges asset declarations published.

The key reasons for delayed progress towards achieving all of 2020 targets in this reporting period include: • The monopoly status of the state-owned enterprise Information Court Systems not only creates corruption risks within the judiciary, but also creates burdens to New Justice work on developing online tools to report corruption, improving case management in courts and increasing accessibility of e-justice system. • Lack of organizational and institutional capacity, preliminary lack of democratic governance and leadership for most of New Justice key partners such as the HCJ, HQC, SJA, NSJ, MOJ, Bar Association. • Judicial institutions’ delay of certain judicial reform activities for various reasons, ranging from inadequate state funding to lack of political consensus. • COVID-19 outbreak disrupted GOU functions and imposed numerous unexpected priorities to deal with both, at the national and at the local level.

VI. PERFORMANCE MONITORING, EVALUATION AND LEARNING The previous section of this report describes the reporting period progress on achieving annual targets for 2020 in frame of Program Objectives. In this section New Justice provides details on selected indicators where we made the most notable measurable progress in this reporting period:

• Number of judicial personnel, GOU, and civil society representatives involved in public discussions on the implementation of constitutional and legislative amendments regarding justice sector reform. In this reporting period New Justice involved 32 judges, legal professionals, and civil society representatives in online discussions on juvenile justice and judicial response to COVID-19 challenges. • Number of judicial personnel trained with USG assistance. In this reporting period, New Justice trained 596 judges and justice sector personnel including legal education professionals in COVID-19 judicial response, ADR, digital solutions for judiciary and online legal education. • Number of laws, regulations and procedures enhancing judicial independence adopted. This reporting period counts the adopted Law on Amending Law of Ukraine “On High Anti- Corruption Court” regarding providing the High Anti-Corruption Court with a building and other questions of the court operations which is significant in order to ensure the independence of HACC. • Number of organizations providing Alternative Disputes Resolution (ADR) services supported by New Justice Program. This indicator increased from 12 in the beginning of the quarter to 13. This increase by one organization is notable achievement because it counts Bila Tserkva Community Justice Center that is the first body offering ADR in the town of Bila Tserkva of Kyiv Oblast where the demand for ADR is exceptionally high and consistently increasing. • Number of coordination meetings between the judiciary and human rights institutions aimed at improving human rights through courts. In this reporting period, New Justice CSO partners initiated and conducted two online meetings between courts and Community Justice Centers on addressing COVID-19 related legal challenges such as possible human right violations in conditions of quarantine restrictions.

New Justice learning from Quarter 3 of Program Year 4 to be further addressed include: • The impact of COVID-19 continues to disrupt the regular functions of government, business, and civil society in Ukraine. But it also creates more opportunities for New Justice capacity- building efforts. For many years before New Justice has been promoting use of e-justice elements, online disputes resolution, distance training and education tools for GOU partners. This year the COVID-19 related quarantine in Ukraine prompted New Justice governmental partners to find political will to proceed with listed above modern tools and include them in development agenda. The pandemic situation is not getting better in Ukraine and we can expect that the GOU will remain supportive to implement modern digital solutions for addressing challenges. • Success of Community Justice Centers, especially in the current situation of COVID-19 quarantine additionally confirmed the critical importance of justice sector reform at the local level. New Justice will continue supporting local initiatives where courts, civil society, local government, local councils, and community leaders involved. 34

VII. LESSONS LEARNED • The COVID-19 pandemic and related quarantine affected the regular work of Parliament and other partners. New Justice continues closely cooperating with its governmental partners to ensure the professional and timely input to the legislative process. Under these circumstances, purposeful donor coordination continues being critical to successfully support the improvement of justice sector legislation. New Justice provides a platform for donor coordination to ensure the support is comprehensive, timely, and does not allow duplication or overlapping. • New Justice turned the COVID-19 crisis into a learning opportunity for law school administrators, faculty and student leaders. The crisis prompted law schools to get a better understanding of and learn how to use digital tools for online teaching, learning, and examinations. • Close engagement with the Parliament’s Legal Police Committee is still needed to promote the adoption of the draft Law on Mediation in the second reading.

VIII. ENVIRONMENTAL MONITORING New Justice received a categorical exclusion, which is referenced in the project’s Initial Environmental Examination (IEE) in Annex 1 – Request for Categorical Exclusion of the Task Order. The IEE’s language provides a justification for the categorical exclusion as denoted below (page 4 of IEE):

2. Justification for Categorical Exclusion Determination The activities under the Democracy and Governance Development Objective Agreement (DOAG) will not have an effect on the natural or physical environment and are among the classes of activities listed in 22 CFR 216.2(c)(2). Therefore, under §216.2(c)(1), neither an IEE nor an EA will be required for these activities

IX. PROGRESS ON LINKS TO OTHER ACTIVITIES • New Justice closely cooperates with UNICEF in supporting the MOJ in advancing juvenile justice reform. • New Justice cooprates with UHHRU, International Renessance Foundation, Global Rights Complience, Ukrainian Legal Advisory Group in designing activities to support the GOU efforts in using law as an instrument of national power. • New Justice closely cooperates with the EU Project “Support to Rule of Law Reforms in Ukraine (PRAVO-JUSTICE)” in advocating for amendments to justice sector legislation to ensure their adherence to international and European Standards of judicial independence, providing analysis and recommendations to the Legal Policy Committee on the President’s draft law “On the Judiciary and Status of Judges’ and Selected Laws Regarding the Operations of the Supreme Court and Judicial Governance Bodie (No. 3711)”, which is an attempt to address key recommendations of the Venice Commission from December 9, 2019, as well as the decision of the CCU related to the Supreme Court of Ukraine on February 18, 2020, and the CCU’s ruling on Law 193-IX on March 11, 2020. • New Justice closely cooperates with the EUAM in developing a legal framework aimed to introduce classic jury trials in Ukraine, and with EU Project Pravo -Justice with developing model solutions for courts in terms information accessibility and signage. • New Justice closely cooperates with the EU Project Pravo -Justice, OSCE and COE in advocating for amendments to the enforcement legal framework promoting adoption of the recently registered in the Parliament draft laws No. 3726, No. 3727, No. 3728 and No. 3729. • New Justice cooperates and coordinates with the Office of the OSCE Project Coordinator and the EU Project Pravo -Justice on legal education reform, including the implementation of MEISEE. • New Justice cooperates with the National Judicial College in Reno (USA) in conducting a series of webinars for judges and court administrators on their role during the pandemic. • New Justice cooperates with the Federal Mediation and Conciliation Service (USA) in conducting a webinar series on labor mediation, in general and on how to provide mediation service online.

X. PROGRESS ON LINKS TO HOST GOVERNMENT • New Justice together with the EU Project Pravo -Justice provided expert analysis and recommendations to the GOU and Legal Policy Committee on the President’s draft law “On Judiciary and Status of Judges’ and Selected Laws Regarding the Operations of the Supreme Court and Judicial Governance Bodie (No. 3711)”, which is an attempt to address key recommendations of the Venice Commission from December 9, 2019, as well as the decision of the CCU related to the Supreme Court of Ukraine on February 18, 2020, and the CCU’s ruling on Law 193-IX on March 11, 2020. • With New Justice grant support and intensive technical assistance, Program partner CSOs established and developed six Ukrainian Community Justice Centers (CJC) in cooperation with local courts and local government bodies: the CJC in Chuhuyiv of Kharkiv Oblast, CJC in the City of Odesa, CJC in Tatarbunary of Odesa Oblast, CJC in Bila Tserkva of Kyiv Oblast, CJC in the City of Chernihiv and CJC in Ichnya of Chernihiv Oblast. The MOJ Coordination Center for Free Legal Aid Provision positively assessed the CJC pilot projects and included establishing more CJCs in its draft Strategy for Decentralization of Free Legal Aid. • New Justice supported the MOE in the development of exam items to test cognitive abilities as a sub-test of MEISEE along with the legal knowledge and foreign language tests. • New Justice provided expert support to the MOJ in drafting the Bills on introduction of classic jury trials in Ukraine, aimed to be submitted to the Parliament in the next reporting period.

XI. PROGRESS ON INCLUSIVE DEVELOPMENT

• Through an online event to the COJ and SJA, New Justice jointly with the EU Project Pravo - Justice presented the results of the projects Model Courts and Convenient Court such as signage, integrated reception and information boards that are being used in a number of pilot courts in Kyiv and regions aimed to improve information accessibility for the visitors, in particular for people with disabilities and from vulnerable groups. The Judicial partners are considering now the results of these projects to make a decision on developing on their basis the unified standards in information accessibility of the courts.

XII. FINANCIAL INFORMATION

Per Section F of the prime contract, budget execution information will be provided in the Year 4 annual report.

XIII. GRANTS AND SUBCONTRACTS Please see Attachment D. Grants and Subcontracts Table.

XIV. ACTIVITY ADMINISTRATION A. Constraints and Critical Issues

The most challenging critical issue encountered by New Justice during the reporting period was the quarantine caused by COVID-19 pandemic. Restrictions imposed by the Ukrainian Government on conducting of mass events in March 2020 continued to be valid throughout April, May and June. Starting from mid-May some of limitations were lifted, including the public transportation ban, interregional train connection, and the operation of hotels and restaurants, yet the risk of COVID-19 virus exposure remained extremely high. In the view of these circumstances the New Justice team continued teleworking and did not conduct any in-class activities. Team members worked from their homes using online tools. Weekly team meetings were conducted via MS Teams or Zoom applications in order to ensure effective coordination of efforts and proper planning. All training activities, workshops and round tables envisaged by the work plan were delivered as webinars and distant learning sessions; working meetings with stakeholders, program recipients and beneficiaries took place via videoconferencing tools. A limited number of team members, particularly finance and administration personnel, were authorized to be present in the office several days per week to carry out essential functions during fixed hours to ensure social distancing.

In the same time the New Justice SSFP and Operations Manager developed a comprehensive office reopening plan that describes various aspects of return to normal operations in several stages as well as the adaptation of programmatic activates to new standards of events’ safety and sanitary requirements.

B. Personnel

During the reporting period, David Michael Vaughn served as Chief of Party (COP) and Nataliya Petrova served as Deputy Chief of Party (DCOP), pursuant to Section H of the Task Order.

In the course of the reporting period, New Justice involved the expertise of 14 Short-Term Technical Assistance (STTA) Expatriates, and 16 STTA Cooperating Country National (CCN) experts. The STTA Expatriates included experts from the U.S. and Third Country National (TCN) consultants representing UK, Denmark, Portugal and Slovenia.

C. Contract Modifications and Amendments

During the reporting period, no contract modification or amendments were introduced.

Program Registration and Protocols of Cooperation. New Justice registration card no. 3504 was updated by the Secretariat of the Cabinet of Ministers on May 6, 2020 in the view of new grantees and recipients the program supported. In particular, on April 15, 2020 New Justice concluded the Protocol of Cooperation with the Anti-Monopoly Committee of Ukraine and agreed on objectives and program implementation expected results.

Work Planning. No changes to the New Justice Annual Implementation Plan were applied.

Program Monitoring by Beneficiary. Per beneficiaries’ request, the New Justice provided detailed contributions to reports on program results with regard to deliverables per each objective for the first half of 2020.

D. Status of Deliverables and Milestones Please see attachments A. List of Deliverables and F. Milestones Progress Report

E. Coordination and Partnerships To ensure ongoing coordination of rule of law donor assistance, including avoiding duplication of efforts, New Justice conducted three online rule of law donors and implementers meetings. These meetings gathered representatives of more than 15 organizations and U.S. government funded rule of law projects, as well as EUAM Ukraine, UNICEF, SAGSUR, Embassy of the Kingdom of the Netherlands in Ukraine, Embassy of Germany in Ukraine, the Royal Norwegian Embassy in Kyiv, SJRP, Swiss Agency for Development and Cooperation, and UNDP.

XV. ATTACHMENTS A. List of Deliverables

Annex 1: Report with Recommendations on Transitioning from In-Class to Online Teaching, Learning, and Control of Learning Results (Eng.)

Annex 2: Letter of Agreement with the American Bar Association (ABA) on the Translation of the ABA Standards for Approval of Law Schools into Ukrainian (Eng.)

Annex 3: ABA Standards for Approval of Law Schools (Ukr.)

Annex 4: Brochure on Cognitive Abilities Testing in the Framework of MEISEE 2020 (abridged version) (Ukr.)

Annex 5: Brochure on Cognitive Abilities Testing in the Framework of MEISEE 2020 (unabridged version) (Ukr.)

Annex 6: Report “Opening the policy aperture: law as an instrument of strategic legitimacy and national power” (Ukr., Eng.)

Annex 7: Report: “Overview of the inter-state proceedings arising out of the armed conflict pursued by Ukraine against the Russian Federation in the international courts” (Ukr., Eng.)

Annex 8: Report: “Roadmap for the SJA in Instituting the Traditional Jury Trial Model in Ukraine” (Ukr., Eng.)

Annex 9: Layout of the HACC poster: “Our Values” (Ukr., Eng.)

Annex 10: Report “Expanding and Strengthening Legal Clinical Education in Ukraine” (Updated, Eng.)

B. Public Outreach Documents New Justice did not develop new public outreach documents this quarter.

C. Performance Data Table New Justice will achieve 88 expected results (ERs), which will lead, in turn, to high-level changes in the justice system. These changes represent five program objectives and sixteen program sub-objectives (SOs). New Justice has 70 output and outcome indicators to measure program key results. The table below represents actual indicator values for FY2017, FY2018, FY2019 and three quarters of the FY2020.

Program Independent, accountable, transparent and effective justice system that upholds the rule of law and is empowered to fight Goal corruption

Ratio of Ukrainian This indicator is justice system measured annually. Indicator compliance with Curent data is for Outcome Oct-17 0,54 0,54 0,56 0,5735 0,5735 0,5735 0,8 1 the Venice FY2019 . FY2020 Commission Rule of assessment Law Checklist scheduled for next reporting period. Objective Judicial Independence and Self-Governance strengthened 1

S-O 1.1 Judicial independence established through reformed Constitutional, Statutory and Regulatory framework

Constitutional safeguards for judicial independence strengthened in key areas, (including appointment, promotion, transfer, and discipline ER 1.1.1 of judges), comply with international and European standards of judicial independence, and reflect citizen input

Annual indicator. Current data Indexed score for represents the European Network latest annual survey of Councils for of SAG members. Indicator Judiciary (ENCJ) Score 5.9 out of Outcome Apr-17 5,8 5,8 5,9 5,9 5,9 5,9 8 2 basket of indicators possible 10 means for objective and yellow (neutral) subjective judicial conditions for independence. judicial independence in Ukraine. Inclusive consultative processes for developing and implementing constitutional amendments, legislation, and other normative acts related ER 1.1.2 to judicial independence established Number of judicial personnel, GOU, 629 911 32 110 and civil society representatives This reporting involved in public period counts Indicator discussions on the discussions on Output Sep-16 0 287 (57% (61% (37% (53% 400 juvenile justice and 3 implementation of judicial response to women, women, women, women, constitutional and COVID-19 43% 39% legislative 63% 47% challenges amendments men men) men) men) regarding justice sector reform

The Judiciary positively influences the parliament and executive branch in the development and allocation of legislation affecting the ER 1.1.3 judiciary, including the judicial budget

Legislation, regulations, and operating procedures to implement constitutional amendments related to judicial independence adopted with ER 1.1.4 public notice and consultation

Actual Actual Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Notes and Annual Annual Annual Quarter Annual ID Statement Level M - Y Value 2020 Explanations 2017 2018 2019 3, 2020 FY2020 This quarter counts the Law on Amending Law of Number of laws, Ukraine “On High regulations and Anti-Corruption Indicator procedures Court” regarding Output Sep-16 21 2 1 1 2 19 4 enhancing judicial 8 providing the High independence Anti-Corruption adopted Court with a building and other questions of the court operations. S-O 1.2 Judicial Self-Governance Strengthened Annual indicator. Current data represents the Indexed Score of latest 2019 survey ENCJ indicator on of SAG members. Indicator Score 6.6 out of Organizational Outcome Apr-17 7,7 6,4 6,6 8 5 6,6 6,6 6,6 possible 10 means Autonomy of the green (positive) Judiciary conditions of organizational autonomy of judiciary in Ukraine. Authorities of Judicial self-governance bodies (e.g., the High Council of Justice, among others) clearly defined and understood by judicial ER 1.2.1 leadership, judges, and judicial personnel

This indicator is Percent of judges measured annually and judicial through national Indicator personnel who surveys. The Outcome Apr-17 38% 38% 38% 46% 46% 46% 50% 6 consider judicial current data self-governance in represents the most Ukraine effective recent national survey of judges.

Actual Actual Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Notes and Annual Annual Annual Quarter Annual ID Statement Level M - Y Value 2020 Explanations 2017 2018 2019 3, 2020 FY2020 The Judiciary exerts leadership in developing strategies, objectives, and initiatives to effectively promote and protect its independence, ER 1.2.2 while ensuring accountability, integrity, transparency and high ethical standards Annual indicator. Current data represents the Indexed Score of latest survey of SAG Indicator ENCJ indicator on members. Score 6.6 5 out of possible 10 Organizational Outcome Apr-17 7,7 6,4 6,6 6,6 6,6 6,6 8 measures means green Autonomy of the this ER (positive) Judiciary conditions of organizational autonomy of judiciary in Ukraine. ER 1.2.3 Representation and leadership of women judges in judicial governance bodies and courts enhanced Current figure Percent of female represents the chief judges in recent SJA Indicator courts and female assessement of Outcome Mar-17 TBD N/A 36% 36% 37% 37% 30% 7 chairpersons in gender balance of judicial governance Ukrainian courts bodies conducted in January 2020. ER 1.2.4 Participation and inclusion of judges, judicial personnel, advocates, and citizens in judicial governance strengthened

Annual indicator. Current data represents the Indicator Indexed Score of latest survey of SAG 5 ENCJ indicator on members. Score 6.6 mentioned out of possible 10 Organizational Outcome Apr-17 7,7 6,4 6,6 6,6 6,6 6,6 8 above means green Autonomy of the measures (positive) Judiciary this ER conditions of organizational autonomy of judiciary in Ukraine.

Actual Actual Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Notes and Annual Annual Annual Quarter Annual ID Statement Level M - Y Value 2020 Explanations 2017 2018 2019 3, 2020 FY2020 Judicial performance standards for merit-based testing, vetting, recruitment, performance evaluation, transfer, promotion, discipline, and ER 1.2.5 lustration established Number of judicial HQC suspended its Indicator performance operations in Oct Output Sep-16 10 10 10 10 N/A N/A 30 8 indicators adopted 2019 due to and implemented legislative changes Rules regarding corruption, judicial ethics and illegal conduct, as well as related disciplinary sanctions and enforcement procedures, ER 1.2.6 strengthened Reporting of corruption, unethical or illegal conduct simplified and made more accessible for judges, judicial personnel, advocates, and ER 1.2.7 citizens ER 1.2.8 Protections increased for individuals who report corruption, unethical or illegal conduct against judges, judicial personnel and advocates Number of newly developed or improved tools for reporting corruption, Indicator No changes in this unethical or illegal Output Sep-16 0 0 0 0 0 0 7 9 reporting period. conducts such as standardized forms, web-based petitions, hotlines etc S-O 1.3 Judiciary exercises independence effectively Annual data. Indexed score for Current data European Network represents the of Councils for latest survey of SAG Indicator members. Score 3.5 Judiciary (ENCJ) Outcome Apr-17 4,6 3,6 3,5 3,5 3,5 3,5 7 10 out of possible 10 indicators for means orange subjective judicial (negative) rate of independence subjective judicial independence.

ER 1.3.1 The Judiciary exercises independence with regards to judges, personnel, budget authority, and other areas of judicial competence

Annual indicator. Current data Index score for represents the Indicator ENCJ indicator for latest survey of SAG Outcome Apr-17 4,3 4,3 5,4 5,4 5,4 5,4 7 members. Score 5.4 11 funding of the means yellow Judiciary (neutral) rate for funding of the judiciary in Ukraine The Judiciary effectively exercises competencies in judicial testing, vetting, recruitment, performance evaluation, transfer, promotion, ER 1.3.2 discipline and lustration of judges using merit-based system

ER 1.3.3 90% of Judicial testing, vetting, recruitment, performance evaluation, transfer, promotion, discipline and lustration results published online

This reporting period data refers Percent of HCJ and to HCJ only. Indicator HQC decisions Output Apr-17 62% 86% 100% 100% 100% 100% 100% HQC suspended its 12 published on their operations in Oct websites 2019 due to legislative changes

ER 1.3.4 Implementation of ethics enforcement mechanisms strengthened

ER 1.3.5 Judges, judicial personnel, and advocates change attitudes towards reporting corruption, unethical or other illegal conduct by their peers

Actual Actual Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Notes and Annual Annual Annual Quarter Annual ID Statement Level M - Y Value 2020 Explanations 2017 2018 2019 3, 2020 FY2020 Annual indicator. Percent of judges, Current data judicial personnel combines results of and advocates who the second annual acknowledge their survey of judges, Indicator responsibility for court staff and the Outcome Jul-17 45% 30,50% 32,10% 63% 63% 63% TBD fourth bi-annual 13 reporting survey of legal corruption, professionals unethical or illegal (attorneys and conduct by their prosecutors) peers participating in court proceedings. ER 1.3.6 Reporting of corruption, unethical or illegal conduct by judges, judicial personnel, advocates and citizens increased

ER 1.3.7 Protections for individuals who report corruption, unethical or illegal conduct against judges, judicial personnel and advocates applied

This indicator measured annually. The current data derives of October Percent of survey 2018 New Justice respondents who national public report known or survey where Indicator personally 20.4% of survey Context Sep-17 25,30% 25,30% 20,40% 20,40% 20,40% 20,40% N/A 14 experienced cases respondents of corruption, admitted that they unethical, or illegal will report conduct corruption cases to anti-corruption authorities, law enforcement or judicial authorities. ER 1.3.8 Number of disciplinary measures against judges, judicial personnel and advocates for corruption, unethical or illegal conduct increased

Number of Indicator discipline sanctions No changes since Outcome Sep-16 4 4 4 4 4 4 7 15 implemented by baseline. judiciary and bar

SO 1.4 Improper and unlawful external influence on Judiciary reduced

Annual indicator. Current data represents latest Indexed score for survey of SAG procedures in case members. of threat to Score 4.4 means Indicator independence. Part Outcome Apr-17 4,4 4,4 4,4 7 orange (negative) 16 4,4 4,4 4,4 status of of ENCJ basket for procedures in case judicial of threat to judicial independence independence, e.g. procedures are poor and poorly implemented.

ER 1.4.1 Judicial decisions are based solely on the facts and law, and reversed only through the appellate process

Annual indicator. Current data refers Score for quality of to latest EBA Court judgment in Indicator Index Report European Business Context Sep-16 2,81 2,92 2,81 2,81 2,86 2,86 N/A published in May 17 Association Court 2020 which is Index based on 2019 surveys of EBA members.

Members of the Presidential Administration, Government and Parliament engage the Judiciary in a constructive manner that respects ER 1.4.2 judicial independence and refrains from improperly or unlawfully interfering with the impartiality of judicial decision-making and professional conduct

Sufficient resources are allocated to protect judges and judicial personnel from threats such as harassment, assault, and other forms of ER 1.4.3 intimidation and violence Annual indicator. Current data represent the latest Indexed score for survey of SAG procedures in case members. Indicator of threat to Score 4.4 means 16 independence. Part Outcome Apr-17 4,4 4,4 4,4 7 orange (negative) measures 4,4 4,4 4,4 status of of ENCJ basket for these ERs procedures in case judicial of threat to judicial independence independence, e.g. procedures are poor and poorly implemented.

ER 1.4.4 Judges are empowered to report improper or illegal interference in their judicial decision making and conduct

Percent of judges survey respondents who acknowledge Current data refers Indicator their readiness to to the latest Outcome Jul-17 13,06% 13,06% 5,60% 5,60% 5,60% 5,60% TBD national survey of 18 report improper or Judges (end of illegal interference October 2018). in their judicial decision making

Objective

Actual Actual Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Notes and Annual Annual Annual Quarter Annual ID Statement Level M - Y Value 2020 Explanations 2017 2018 2019 3, 2020 FY2020 Annual indicator. Current data refers to 2019 survey of SAG members resulted in the following data for judicial accountability in Ukraine: allocation of cases – 7.5, complaint Index score ENCJ procedures – 7, indicators for Indicator periodic reporting – accountability of Outcome Apr-17 6,8 6,03 6,6 6,6 6,6 8 4.9, relations with 19 6,6 the judiciary and press – 9.2, external judges audit – 3.8, code of Ethics – 9.5, withdrawal and recusal – 7.3, admissibility of accessory functions – 4.9, understandability of proceedings – 5.4 Overall rating for accountability is green (positive).

S-O 2.1 Transparency by the Judiciary Increased

Percent of Kyiv Administrative Ukrainian courts Court of Appeals is and judicial Indicator the only one court institutions that Output Sep-17 0% 0% 0,20% 0,20% 0,20% 0,20% TBD of Ukraine that 20 develop and developed and publish annual published annual reports. report for 2019. Increased awareness among citizens of the right to and limitations of judicial transparency in courtroom proceedings and judicial ER 2.1.1 governance Increased public access to courtroom and judicial governance proceedings in-person, on-line, via TV/radio, or through archived recordings ER 2.1.2 and records Percent of citizens Annual indicator. Indicator reporting that Current data Context Sep-17 13,40% 13,40% 16% 16% 16% 16% 25% represents FY2019 21 judiciary is open public survey and transparent results. ER 2.1.3 Increased outreach by the Judiciary to the public and press Number of New Justice support communication HCJ, COJ and SJA in Indicator strategies preparing unified Output Sep-16 24 25 25 N/A 0 0 50 22 implemented by template for court courts and judicial communication institutions strategy. 90% completion of financial and asset declarations by judges and judicial personnel, with 90% of judicial financial and asset declarations ER 2.1.4 published online

Actual Actual Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Notes and Annual Annual Annual Quarter Annual ID Statement Level M - Y Value 2020 Explanations 2017 2018 2019 3, 2020 FY2020 There are 6,832 financial and assets declarations from judges for calendar year 2019 posted in Unified Registry of Public Officials Declarations. Percent of financial However this and assets number exceeds the declarations by actual number of Indicator judges and judicial judges in Ukraine Outcome Mar-18 TBD N/A N/A N/A N/A N/A 100% 23 personnel posted in which according to Unified Registry of SJA is 5,022. The Public Officials higher numerator is Declarations the result of some judges submitting more than one declaration for reporting period because making mistakes in previous submission.

S-O 2.2 Horizontal Accountability -Checks and Balances on the Judiciary by other Branches of Government strengthened

ER 2.2.1 Lustration process concludes without violations of due process or human rights of lustrated judges and judicial personnel Number of 137 government 27 (48% (53% Indicator officials receiving Women, No changes in this Output Sep-16 0 92 Women, 0 0 500 24 USG-supported 52% reporting period. 47% anti-corruption Men) Men) training ER 2.2.2 Judiciary coordinates with the NAPC to develop and implement corruption-prevention measures within the Judiciary

Actual Actual Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Notes and Annual Annual Annual Quarter Annual ID Statement Level M - Y Value 2020 Explanations 2017 2018 2019 3, 2020 FY2020 Judiciary facilitates NABU and Prosecutor General’s Office investigations into alleged corruption or other illicit conduct by judges or judicial ER 2.2.3 personnel Number of stakeholder meetings to improve Indicator cooperation in No changes in this Output Sep-16 0 0 0 2 0 0 11 25 corruption reporting period. investigations involving judiciary and executive branch ER 2.2.4 Judiciary coordinates with parliamentary oversight committees, with due respect for judicial independence and freedom from interference Number of meetings between judicial representatives and Indicator parliament No changes in this Output Sep-16 0 0 0 0 0 0 11 26 representatives to reporting period. facilitate judicial independence and freedom from interference S-O 2.3 Social Accountability - Judiciary Held Accountable by Citizens, Civil Society and Independent Media Current data represents user Percent of satisfaction surveys Ukrainian courts Indicator in all courts of 23 that implement Output Sep-16 42% N/A N/A 81% 81% 81% 75% oblasts and city of 27 user satisfaction Kyiv conducted in surveys 2019. It's 613 (81%) of all courts in Ukraine.

Actual Actual Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Notes and Annual Annual Annual Quarter Annual ID Statement Level M - Y Value 2020 Explanations 2017 2018 2019 3, 2020 FY2020 New Justice announced grant RFA to analyze how courts implement Percent of partner CRC CSOs performance recommendations. Indicator improvement Current data is Outcome Sep-16 57% N/A N/A 57% 65% N/A 75% 28 recommendations interim and refers implemented by to one region courts (Cherkasy), the analysis has been done by Center for Social Adaptation NGO. ER 2.3.1 Citizens and CSOs actively participate in and monitor judicial reform processes at the local and national levels Number of citizens providing inputs in 11,056 38,429 judicial reform (Men (50% Indicator 50 No changes in this implementation Output Sep-16 21 151 7 180 47%, Women, 0 0 29 000 reporting period and monitoring and Women 50% court performance 53%) Men) evaluation ER 2.3.2 Court operations improved through direct citizen feedback (e.g., CRCs) Annual indicator. CRC integral score Current data Indicator represents 2019 for participating Outcome 0,84 N/A N/A 0,866 0,866 0,866 0,85 30 CRC surveys in 613 courts Ukrainian courts 16.сен completed. Formal linkages between civil society and judicial, governmental and parliamentary institutions established (through, e.g., MOUS or joint ER 2.3.3 strategies and action plans)

Actual Actual Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Notes and Annual Annual Annual Quarter Annual ID Statement Level M - Y Value 2020 Explanations 2017 2018 2019 3, 2020 FY2020 Number of formalized linkages Four new MOUs between civil signed by New society and judicial, Justice CSO partners Indicator governmental and in this reporting Output Sep-16 0 16 40 26 4 43 50 period, all four 31 parliamentary related to institutions Community Justice established, Center (CJC) in Bila documented and Tserkva implemented ER 2.3.4 Percent of survey Annual indicator. respondents who Current data Indicator indicate that are represent the latest Context Sep-16 7% 9% 16% 16% 16% 16% 21% national public 32 fully aware and survey results mostly aware about conducted in the judicial reform FY2019 ER 2.3.5 Citizen reports to anti-corruption organizations and agencies increased Percent of survey Annual indicator. respondents who Current data Indicator indicate their represents national Context Sep-16 50% 55% 69% 70% 33 extremely negative 69% 69% 69% public survey attitude towards results conducted in corruption FY2019. ER 2.3.6 Judicial-reform oriented CSOs organizational capacity score increased The annual 2019 USAID CSO 5,12 5,12 5,12 3,5 data is currently Sustainability Index Indicator under processing. for project partner Outcome Sep-16 N/A N/A N/A Expected to 34 (max generate the score judicial reform (max 1, (max 1, (max 1, 1, min next reporting oriented CSO min 7) min 7) min 7) 7) period. ER 2.3.7 Professional associations and Bar associations increase capacity for self-regulation and professional standards among members

Actual Actual Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Notes and Annual Annual Annual Quarter Annual ID Statement Level M - Y Value 2020 Explanations 2017 2018 2019 3, 2020 FY2020 USAID CSO Indicator Sustainability Index Outcome Sep-17 TBD N/A N/A N/A N/A N/A TBD Activity delay. 35 for Bar Associations Quality and volume of investigative journalism and other media reporting on corruption, judicial misconduct, judicial reforms, high-profile ER 2.3.8 court cases, and other rule of law issues increased Percent of journalists trained by Nove Pravosuddya who apply new knowledge and No programmatic skills in their Indicator activities related to professional Output Sep-16 0 N/A N/A N/A N/A N/A 30% this indicator took 36 activities reporting place during this on corruption, reporting period. judicial misconduct, judicial reforms, high-profile court cases, and other rule of law issues

Quality and volume of investigative journalism and other media reporting on corruption, judicial misconduct, judicial reforms, high-profile ER 2.3.9 court cases, and other rule of law issues increased

Current data counts Number of CSOs 11 CSOs who analyzing financial Indicator delegated their assets declarations Output Sep-16 1 9 11 11 11 3 representatives to 37 1 by judges and court new composition of staff Public Integrity Council Objective Administration of Justice Enhanced 3

Actual Actual Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Notes and Annual Annual Annual Quarter Annual ID Statement Level M - Y Value 2020 Explanations 2017 2018 2019 3, 2020 FY2020 Annual indicator. Ratio of Ukrainian Baseline justice system assessment took compliance with place in 2019 with the Commission for Indicator 101 local and 12 Efficiency of Justice Outcome Sep-18 0,6 N/A 0,6 appellate courts. 38 0,6 0,6 0,6 0,7 (CEPEJ) Check-list Ratio is 0.6 out of 1, for Promoting the for local courts is Quality of Justice 0.59 and for and the Courts appellate courts 0.62. Number of USG- assisted courts with Indicator improved case No changes in this Output Sep-16 383 81 136 177 N/A N/A 500 39 management reporting period. systems (FAF DR.1.5-1) S-O 3.1 Judicial Administration Institutions, Policies, and Procedures Strengthened ER 3.1.1 Judicial administration bodies function in more coherent and coordinated fashion

ER 3.1.2 Strategies, policies, and procedures for managing court operations, and providing quality services to the public implemented International Framework for Judicial Support Indicator Excellence (IFJSE) Indicator cancelled, Outcome N/A TBD N/A N/A N/A N/A N/A TBD replace by indicator 40 score for justice 40a. sector supporting institutions (MOJ, HQC, HCJ etc.)

Actual Actual Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Notes and Annual Annual Annual Quarter Annual ID Statement Level M - Y Value 2020 Explanations 2017 2018 2019 3, 2020 FY2020 Number of court policies and/or procedures developed and/ or This reporting Indicator improved with period counts COJ Output Sep-19 5 N/A N/A N/A 1 3 10 recommendations 40A USAID support to to address COVID- govern and manage 19 challenges court operations and service provision. ER 3.1.3 Courts equipped with and use IT and e-justice systems to improve efficiency of workflow, case management and accessibility to services

All Ukrainian courts Number of courts Indicator at the moment are implementing e- Output Mar-16 3 613 613 613 TBD pilot testing e- 41 7 17 justice systems justice system elements. ER 3.1.4 Courts hear and conclude cases in a timely manner and without undue delays Clearance rate of Ukrainian courts Indicator Current data refers (key CEPEJ Context Mar-16 99% 88,50% 93% 91% 97% 97% 99% to 2019 SJA judicial 42 indicator for the statistics efficiency of justice) Judicial budgeting, financial management, internal controls and external auditing improved and compliant with national laws an ER 3.1.5 international best practice ER 3.1.6 Judicial procurement systems more transparent and compliant with national laws and international best practices

Actual Actual Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Notes and Annual Annual Annual Quarter Annual ID Statement Level M - Y Value 2020 Explanations 2017 2018 2019 3, 2020 FY2020 The latest data refers to 2018 SJA Efficiency use of annual statistics resources in on cases Ukrainian courts processed by Indicator calculated by Ukrainian courts Context Mar-16 80% 91% 64% 78% N/A N/A N/A 43 CEPEJ- and budget recommended funding used to method of simple process these linear regression cases. SJA did not calculate this data for 2019. S-O 3.2 Professional Competencies and Expertise of Judges and Judicial Personnel Improved

ER 3.2.1 NSJ methodologies, core curriculum, and trainers strengthened and meet international standards

ER 3.2.2 Judges and judicial assistants trained in core substantive and procedural law, judicial ethics, leadership, and management

In this reporing 522 964 908 596 765 period New Justice trainined judges and judicial personnel on judicial response to COVID-19 Number of judicial challenges, stress personnel trained Indicator reduction for judges with USG assistance Output Sep-16 5 067 (64% (58% (58% (77% (75% 500 and court staff, 44 (FAF Standard women, women, women, women, women, distance education DR.1.3-1). 36% 42% 42% 23% 25% for law students, men) men) men) men) men) corporate mediation, court- annexed mediation, and digitailiszation in of judicial institutions operation. 64

ER 3.2.3 Judicial personnel demonstrate competencies in key areas of management and operational support Number of court Indicator No changes in this administrators Output Sep-16 120 N/A N/A 28 0 N/A TBD 45 reporting period. . certified Attitude of judges and judicial personnel of themselves and their peers is positive (e.g., self-image as honest, professional, performing a ER 3.2.4 public service, not-corrupt) Annual indicator. Percent of judges Current data refers and judicial FY2019 national personnel annual survey of judges. Indicator survey respondents 95% of survey Outcome Sep-16 89% 94,40% 94,40% 95% 95% 95% 95% respondents agreed 46 who admit their to the statement positive attitude to "Judges in your themselves and Court are highly their peers skilled professionals" By the end of the Program, the NSJ is able to provide high-quality, modern, professional development services to judges and judicial ER 3.2.5 personnel with limited donor support Number of training curricula implemented by Indicator No changes in this NSJ without donor Output Sep-16 5 7 7 7 7 10 47 7 reporting period support (or very limited donor support) S-O 3.3 Mediation and Alternative Dispute Resolution (ADR) Strengthened Number of Progress in this organizations Indicator reporting period: providing ADR Outcome Sep-16 7 7 10 1 13 20 added Bila Tsekrva 48 7 services supported Community Justice by Program Center Comprehensive analyses of current context, barriers and opportunities for developing mediation and other ADR processes in Ukraine ER 3.3.1 completed

Actual Actual Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Notes and Annual Annual Annual Quarter Annual ID Statement Level M - Y Value 2020 Explanations 2017 2018 2019 3, 2020 FY2020 Normative (legislative, regulatory) framework for mediation and other ADR processes strengthened consistent with international best ER 3.3.2 practices. Number of laws, regulations and No changes in this procedures for ADR Indicator reporting period. processes Output Sep-16 0 0 0 0 0 0 5 Draft Law passed 49 developed and first reading in the improved with Parliament project support ER 3.3.3 Professional association for mediators and other ADR practitioners strengthened. ER 3.3.4 Professional knowledge, expertise, and integrity of mediators enhanced ER 3.3.5 Mediation and other ADR processes integrated into the legal culture and court processes. ER 3.3.6 Use of mediation and other ADR processes in civil and commercial cases increased. Annual indicator. Current data calculated based on Organizational the result of capacity score for organizational Indicator association of capacity expert Outcome Sep-17 5,8 5,8 5,8 5,8 5,8 5,8 4 assessment of the 50 mediators using the Ukrainian National CSO Sustainability Association of Index Mediators conducted in 2018. Next assessment delays S-O 3.4 System of Enforcement of Judgments Improved ER 3.4.1 Normative framework for enforcement of judgments revised ER 3.4.2 Rules and procedures for licensing, oversight, and assignment of private enforcement agents adopted

Actual Actual Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Notes and Annual Annual Annual Quarter Annual ID Statement Level M - Y Value 2020 Explanations 2017 2018 2019 3, 2020 FY2020 No changes in this reporting period. Number of project New Justice supported newly conducted survey of adopted and private Indicator improved laws, enforcement agents Output Sep-16 0 0 5 0 0 0 TBD 51 regulations and and now processing procedures for survey results to enforcement of developed judgments recommendations on improving existing procedures. ER 3.4.3 Association of Enforcement Agents established and cadre of private enforcement agents trained and certified

Number of private Current data is enforcement agents cumulative as of Indicator today, based on trained and Output Sep-16 0 94 154 192 0 217 TBD 52 information certified with received by New USAID support Justice from MOJ

Enforcement agents equipped with the necessary systems, tools, and sufficient budgetary support to manage case load and adequately care ER 3.4.4 for assets under their supervision ER 3.4.5 Judgments are enforced in a timely and effective manner Current data represents statistics Percent of from private Indicator judgments enforced enforcement agents Context Dec-16 14% N/A 12,80% 12,80% 12,80% 12,80% TBD 53 within timeframe for 2017-2018. stipulated by law Updates for 2019 are not yet available from the MOJ Objective Quality of Legal Education Strengthened 4

Actual Actual Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Notes and Annual Annual Annual Quarter Annual ID Statement Level M - Y Value 2020 Explanations 2017 2018 2019 3, 2020 FY2020 Number of host country tertiary education institutions Indicator New Justice receiving capacity Output Sep-16 10 9 11 11 24 24 20 provides assistance 54 development to 24 law schools. support with USG assistance (FAF ES.2-1) S-O 4.1 National Strategy and Standards for Legal Education and Accreditation Adopted National education strategy and standards for legal education and accreditation adopted by Ministry of Education, with input the MOJ and ER 4.1.1 key stakeholders including representatives of civil society Number of policies This reporting and/or procedures period counts MOE developed with approved the List of USAID support Indicator Regulated regarding national Output Sep-16 0 2 0 2 1 8 10 Specialties, 55 standards for legal including Specialty education and 081 “Law” and implemented by Specialty 293 law school “International Law” Law school administrators, faculty leadership, and instructors aware of and understand national strategy and standards for legal education ER 4.1.2 and accreditation Number of tertiary- level educators and 76 345 154 304 389 This reporting faculty who period counts Indicator complete training for law Output Sep-16 149 (women (women (women (women (women 300 school professors 56 professional 58%, 48%, 62%, 80%, 79%, on distance development men men men men men education for law activities with USG 42%) 52%) 38%) 20%) 21%) students assistance. Law schools revise policies, procedures, and legal education practices in compliance with national standards for legal education and ER 4.1.3 accreditation

Number of policies This reporting and/or procedures period counts MOE developed with Indicator approved the List of USAID support 55 Regulated regarding national Output Sep-16 0 1 0 2 1 8 10 Specialties, measures standards for legal including Specialty this ER education and 081 “Law” and implemented by Specialty 293 law school “International Law” S-O 4.2 Quality Assurance Frameworks for Law Schools Developed Policies and procedures for quality assurance frameworks based on international standards and comparative best practices adopted by ER 4.2.1 leading law schools Law school administrators, faculty leadership, instructors, and student government representatives trained on nature, scope, and operation ER 4.2.2 of QAF ER 4.2.3 Quality Assurance Units in leading law schools established and functioning Quality Assurance Number of quality Units established assurance units in and functioning Indicator law schools with New Justice's Output Sep-16 0 N/A 2 3 3 3 20 support at following 57 established and law schools: functioning with USAID support 1) Od esa Law Academy

2) Yu ri Fedkovych Law School (Chernivtsi)

3) Na tional Law Academy

S-O 4.3 Practice Oriented and Skills Based Instruction, Curriculum, and Activities Integrated Modern instructional methods adopted and implemented to ensure effective practice oriented, skills based learning and formally adopted ER 4.3.1 into school curriculum ER 4.3.2 Institutional curriculum effectively prepares law student for career in the Judiciary and other legal professions ER 4.3.3 Law school legal clinics (including specialized clinics) developed and integrated into formal curriculum Number of law schools implementing methodology of Indicator No changes in this class room Output Sep-16 2 2 2 2 7 7 10 58 reporting period effectiveness rating using USAID- developed methodology ER 4.3.4 Judicial clerkship program created in coordination with judicial self-governance bodies and courts Number of law schools Indicator No changes in this implementing Output Sep-16 0 0 0 0 0 0 3 59 reporting period judicial clerkship program ER 4.3.5 Independent, external examinations for law school admissions and graduation implemented.

ER 4.3.6 Memorandum of Understanding concluded with key legal education partners to sustain USAID investments after the end of the Program.

Actual Actual Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Notes and Annual Annual Annual Quarter Annual ID Statement Level M - Y Value 2020 Explanations 2017 2018 2019 3, 2020 FY2020 Number of legal education partners Indicator concluded No changes in this Output Sep-16 3 5 8 8 8 7 60 memorandum of 7 reporting period. understanding with USAID. Objective Access to Justice Expanded and Human Rights Protected 5

S-O 5.1 Justice Accessible to Citizens, including the Most Vulnerable

Number of professionals 476 trained to increase justice Indicator No changes in this accessibilities (sign Output Sep-16 589 (Women 90 0 0 400 61 0 reporting period. language 60%, interpreters, Man judges, judicial 40%) personnel)

Physical, geographic, cultural, financial, informational, legal and procedural barriers to the courts removed or lowered for all citizens, ER 5.1.1 including vulnerable groups

ER 5.1.2 Citizens’ access to court information increased

CRC annual index Annual indicator. for accessibility of Indicator Current data court facility and Outcome Sep-16 0,84 N/A N/A 0,86 0,86 0,86 0,88 represents 62 access to combined score for information 613 courts for 2019

E-justice systems accessible to citizens to ease case filing, tracking, document submission; payment and other court procedures and ER 5.1.3 transactions.

CRC Score for Annual indicator. Indicator courts Current data Outcome Sep-16 0,76 N/A N/A 0,86 0,86 0,86 0,88 represents 63 implementing e- combined score for justice 613 courts for 2019

ER 5.1.4 Citizens access to court-annexed mediation/ADR processes developed under 3.3 increased

Data refers to 2019 CRC surveys in 613 courts. 22.7% of respondents Percent of CRC answers "Aware in survey respondents full" or "Mostly Indicator aware" to CRC that indicate their Context Sep-17 15,00% N/A N/A 22,70% 22,70% 22,70% TBD 64 question "To which awareness about degree you are ADR opportunities aware about the alternative disputes resolution opportunities in Ukraine?"

Awareness of the rights of Persons with Disabilities, SGBV survivors, IDPs, veterans and other vulnerable groups is increased among judges, ER 5.1.5 judicial personnel and advocates

ER 5.1.6 SGBV survivors, children and other vulnerable victims or witnesses afforded greater protections

Percent of judges, Annual indicator. judicial personnel This quarter data and advocates counts January annual survey 2019 survey of legal Indicator respondents who professionals Outcome Sep-18 41% N/A 41% 55% 55% 55% TBD working in courts 65 acknowledge but who are not applying their judicial employees knowledge of the (advocates only) rights of vulnerable and November groups in their job 2018 survey judges.

ER 5.1.7 Citizens, including vulnerable groups, actively participate in access to justice reforms

Number of vulnerable group 1,006 282 representatives (Women (Women Indicator participating in No changes in this Output Sep-16 50 0 66%, 82%, 0 0 150 66 project-supported reporting period Men Men public events on 34%) 18%) access to justice reforms

S-O 5.2 Human Rights Protected, especially the rights of the most vulnerable

Number of human Indicator rights defenders No changes in this Output Sep-16 0 0 0 0 0 0 150 67 trained and reporting period. supported

Awareness of human rights and humanitarian law, how to exercise those rights, and the role of the courts in protecting human rights ER 5.2.1 increased among judges, judicial personnel and advocates

ER 5.2.2 Increased number of human rights and humanitarian law cases resolved

ER 5.2.3 Referral networks among judges, judicial personnel, advocates, social workers, health workers, police, and community leaders strengthened Per cent of judges, judicial personnel and advocates who Annual indicator. acknowledge their Disaggregation: Indicator full or mostly full judges - 55%, Outcome Sep-18 45% N/A 45% 51% 51% 51% TBD 68 awareness about attorneys and the rights of prosecutors - vulnerable groups 43%. and humanitarian law

Human rights coalitions monitor and successfully advocate the GOU, Judiciary, and Legal Aid Centers for increased protection of human ER 5.2.4 rights by the courts

Number of policy paper proposals, reports, and Indicator assessments No changes in this Output Sep-16 0 0 0 0 0 1 9 69 prepared by human reporting period right coalition and submitted to GOU for consideration

Judiciary coordinates regularly with the Human Rights Ombudsman and other human rights institutions to improve protection of human ER 5.2.5 rights and humanitarian law through the courts

Actual Actual Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Notes and Annual Annual Annual Quarter Annual ID Statement Level M - Y Value 2020 Explanations 2017 2018 2019 3, 2020 FY2020 Percent of judges who report their Indicator Related activity awareness of the Outcome Jan-19 TBD N/A N/A N/A N/A N/A N/A cancelled. Indicator 70 Amicus Curie replaced with 70a Institute Number of coordination On-line meeting meetings between between courts and the judiciary and Indicator CJCs on alternative human rights Outcome Oct-19 0 N/A N/A N/A 2 2 2 disputes resolution 70a insitutions aimed at and addressing imrpoving human COVID-19 rights through challenges courts

D. Grants and Subcontracts Table Suba USAID IP USAID Project / Subaward ward Techni Name Subawarde Start End Development Award Activity Amount, Subaward Description ee cal (Prim e Name Date Date Objective No. Name USD Webp Office e) age Contract MORE : AID- Subcontract to develop PARTICIPATO OAA-I- and pilot a “Solution RY, 13- Nove Explorer” web-platform for TRANSPAREN 00032, Pravosud court-annexed online T AND Order dya dispute resolutions (ODR) https: ACCOUNTABL AID- Justice program to promote the //it- E 121-TO- Che Sector Septem use of Alternative Dispute artel. GOVERNANC 16- moni Reform March ber 30, Resolution (ADR) in com. E DRG 00025 cs Program IT Artil LLC 5, 2020 2020 27 440,43 Ukraine ua/ PROCESSES Contrac MORE t: AID- PARTICIPATO OAA-I- RY, 13- Nove TRANSPAREN 00032, Pravosud The grant project aims at T AND Order dya Civic improving access to ACCOUNTABL AID- Justice Association justice, administrative and E 121- Che Sector “Legal Novemb social services, legal aid http:// GOVERNANC TO-16- moni Reform Developme April 3, er 15, services and alternative ldn.or E DRG 00025 cs Program nt Network” 2020 2020 11 122,31 dispute resolution g.ua/ PROCESSES

Suba USAID IP USAID Project / Subaward ward Techni Name Subawarde Start End Development Award Activity Amount, Subaward Description ee cal (Prim e Name Date Date Objective No. Name USD Webp Office e) age The grant project aims at Contract increasing public MORE : AID- Nongovern confidence in the judiciary PARTICIPATO OAA-I- mental and public authorities by RY, 13- Nove Organizatio providing extensive TRANSPAREN 00032, Pravosud n opportunities for T AND Order dya “Associatio cooperation of courts, ACCOUNTABL AID- Justice n of judges and judicial staff www. E 121-TO- Che Sector Investigativ October with community arssu GOVERNANC 16- moni Reform e Judges of April 3, 15, representatives in the city .org.u E DRG 00025 cs Program Ukraine” 2020 2020 12 937,77 of Odesa a PROCESSES https: //ww w.fac Chuhuiv eboo Contract Town k.co MORE : AID- District The grant project aims at m/Ch PARTICIPATO OAA-I- Nongovern facilitating access to uguyi RY, 13- Nove mental justice, administrative and vHu TRANSPAREN 00032, Pravosud Organizatio social services, the man T AND Order dya n “Chuhuiv provision of legal aid and Right ACCOUNTABL AID- Justice Human alternative dispute sProt E 121-TO- Che Sector Rights Novemb resolution, expert support ectio GOVERNANC 16- moni Reform Protection April 3, er 15, decision making in the nGro E DRG 00025 cs Program Group” 2020 2020 10 441,05 community of Chuhuiv up/ PROCESSES Contract Nove Nongovern The grant project aims at www. MORE : AID- Pravosud mental strengthening the prote PARTICIPATO OAA-I- Che dya Organizatio Novemb capacity of the ction. RY, 13- moni Justice n April 3, er 15, communities of Chernihiv org.u TRANSPAREN DRG 00032, cs Sector “Chernihiv 2020 2020 15 384,83 Oblast to solve legal a T AND 77

Suba USAID IP USAID Project / Subaward ward Techni Name Subawarde Start End Development Award Activity Amount, Subaward Description ee cal (Prim e Name Date Date Objective No. Name USD Webp Office e) age Order Reform Human problems and contribute ACCOUNTABL AID- Program Rights to meeting the legal E 121-TO- Protection needs of their members GOVERNANC 16- Committee” through the establishing, E 00025 building and capacity PROCESSES development of a pilot Community Justice Center in Chernihiv and Ichnya communities Contract MORE : AID- PARTICIPATO OAA-I- RY, 13- Nove TRANSPAREN 00032, Pravosud T AND Order dya Civic ACCOUNTABL AID- Justice Association E 121-TO- Che Sector “Legal Novemb In-kind equipment and http:// GOVERNANC 16- moni Reform Developme April 3, er 15, furniture for Community ldn.or E DRG 00025 cs Program nt Network” 2020 2020 2 022,01 Justice Center grantee g.ua/ PROCESSES Contract MORE : AID- Nongovern PARTICIPATO OAA-I- mental RY, 13- Nove Organizatio TRANSPAREN 00032, Pravosud n T AND Order dya “Associatio ACCOUNTABL AID- Justice n of www. E 121-TO- Che Sector Investigativ October In-kind equipment and arssu GOVERNANC 16- moni Reform e Judges of April 3, 15, furniture for Community .org.u E DRG 00025 cs Program Ukraine” 2020 2020 1 582,05 Justice Center grantee a PROCESSES

Suba USAID IP USAID Project / Subaward ward Techni Name Subawarde Start End Development Award Activity Amount, Subaward Description ee cal (Prim e Name Date Date Objective No. Name USD Webp Office e) age MORE Chuhuiv PARTICIP Contract Town ATORY, : AID- District TRANSPA OAA-I- Nongovern RENT 13- Nove mental https://ww AND 00032, Pravosu Organizatio w.faceboo ACCOUN Order ddya n “Chuhuiv k.com/Ch TABLE AID- Justice Human uguyivHu GOVERN 121-TO- Sector Rights Novem In-kind equipment and manRight ANCE 16- Chem Reform Protection April 3, ber 15, furniture for Community sProtectio PROCES DRG 00025 onics Program Group” 2020 2020 3 162,99 Justice Center grantee nGroup/ SES MORE PARTICIP Contract ATORY, : AID- Nongovern TRANSPA OAA-I- mental RENT 13- Nove Organizatio AND 00032, Pravosu n ACCOUN Order ddya “Chernihiv TABLE AID- Justice Human GOVERN 121-TO- Sector Rights Novem In-kind equipment and www.prot ANCE 16- Chem Reform Protection April 3, ber 15, furniture for Community ection.org. PROCES DRG 00025 onics Program Committee” 2020 2020 953,28 Justice Center grantee ua SES

Total amount in the approved budget for sub-awards: $3,400,000 Total amount sub-awarded to date: $85,046.72

E. Future Activities Table

Date Location* Activity

July 2020 New Justice will support the MOE in conducting a meeting of the MOE Commission on Mandatory External Independent Standardized Entrance Exam (Commission on MEISEE) for master’s degree programs within the specialties 081 “Law” and 293 “International Law” in 2020. The MOE Commission on MEISEE is in charge of providing correct answers to MEISEE questions, disqualifying questions (if need be), and setting per each exam component a minimum score required to compete for admissions to master’s degree Ministry of Education and Science of programs in the specialties 081 “Law” or 293 “International Law”. During the July 3, 13 and 17, 2020 Ukraine, Conference Hall, 10 Peremohy July 3 meeting, the MOE after the administration of MEISEE’s main session, the Av MOE Commission on MEISEE will work to provide correct answers to MEISEE questions used in the main session. During the July 13 meeting, the MOE Commission on MEISEE will set minimum scores MIESEE takers have to get in the cognitive abilities test and the legal knowledge test to be able to compete for admissions to master’s degree programs in “Law” or “International Law”. On July 17, after the administration of MEISEE’s additional session, the MOE Commission on MEISEE will work to provide correct answers to MEISEE questions used in the additional session. New Justice will support the MOJ in conducting the videoconference “Different facesets of using law as an instrument of national power”. The event is aimed at July 9, 2020 Online improving communication and coordination among all governmental and non- governmental stakeholders involved in its strategic use of law in international letigations and national proceedings. New Justice will support the Kharkiv Chapter of the European Law Students Association in conducting the final round of the Online Moot Court Competition on International Humanitarian Law. The moot court will bring together via Zoom seven student teams with over 30 participants to debate the legal issues July 11-12, 2020 Online related to the interpretation and application of international humanitarian law. This effort will contribute to promoting practice-oriented and experiential legal education, developing the culture of moot courts, and improving the quality of legal education in Ukraine.

Date Location* Activity New Justice will support the COJ in conducting the meeting of the Working Group on Updating the Rules of Conduct for Court Staff. At this meeting, the July 16, 2020 Online Working Group members will review the comparative table of comments to the current version of the Rules of Conduct for Court Staff and come up with the final version which will be considered by the COJ. New Justice national communications Expert Ms. Iryna Khymchak will present to the CoJ, HCJ, SJA, Court Security Service and active in court media relations judge-speakers and court public information officers, the structure and a short July 21, 2020 Online content of Crisis Communications Guide for Courts to collect their feedback and expectations from the Guide in order to consider it in further work under the content.

New Justice will conduct a meeting with the HACC Leadership, Head of Communications and judge-speakers with the involvement of its international Experts - Benjamin Willson, Head of Communications of the UK National July 23, 2020 Online Infrastructure Commission, and Leah Gurowitz, Director of Media and Public Relations, DC courts. U.S. - to discuss Court's challenges and opportunities in outreach to the public and media and potential areas of assistance from New Justice.

New Justice will support the Ukrainian Catholic University School of Law (UCU Law School) in presenting and launching its brand-new bachelor’s degree program that UCU Law School developed with New Justice’s expert support based on the Innovative (Model) Law School Curriculum earlier designed by New Justice’s team of international experts to support Ukrainian law schools in July 29, 2020 Online modernizing their curricula. This event will support the UCU Law School in publicly promoting its brand-new curriculum as a result of the law school’s cooperation with New Justice. This effort will further promote the Innovative (Model) Law School Curriculum as an innovative tool for strengthening the quality of legal education in Ukraine.

New Justice will support the COJ in conducting the meeting of the Working Group on Amending the Code of Judicial Ethics. At this meeting, the Working TBD Online Group members will review the comparative table of comments to the current version of the Code of Judicial Ethics and come up with the final version which will be considered by the COJ.

Date Location* Activity New Justice will support the NSJ in conducting the webinar to present finalized TBD Online draft curriculum “Judicial control over the caseflow management: foundations and fundamentals”.

September 2020

New Justice will condut the videoconference with the participation of MOJ, MFA, TBD Online PGO to present expert reports and recommendations on advancing the use of law as an instrument of national power.

New Justice will support the COJ in conducting the fourth round table discussion within the series of regional events on updating the Code of Judicial Ethics. The round table discussion is aimed at introducing the participants to the U.S. TBD Online practice of handling judicial ethics related issues, identifying the relevant issues of judicial ethics and conflict of interest that judges face in practice and need additional regulation. Also, participants of the event will discuss necessity of revising certain provisions of the Code of Judicial Ethics.

New Justice will support the WG on jury service improvement in conducting its TBD Online online Roundtable on latest legislative initiatives regarding implementation of classic jury trials in Ukrainian courts.

F. Milestones Progress Report From the Program start to date New Justice worked towards 367 milestones As of the end of this reporting period New Justice achieved 212 milestones (58%), and 80 milestones (22%) are in progress. New justice cancelled 33 (9%) of planned milestones and postponed 42 (11%) due to contextual changes in GOU partner priorities.

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Program Goal: Independent, accountable, transparent and effective justice system that upholds the rule of law and is empowered to fight corruption Objective 1: Judicial Independence and Self-Governance strengthened

Sub-Objective 1.1: Judicial independence established through reformed Constitutional, Statutory and Regulatory framework On June 21, 2019, the President of Ukraine dissolved the Constitutional ER 1.1.1 Constitutional safeguards Commission, which oversaw Technical review of draft constitutional developing draft constitutional 09/2019 Cancelled for judicial independence amendments related to human rights conducted amendments related to human strengthened in key areas, rights. New Justice will track (including appointment, promotion, the initiatives of the Legal transfer, and discipline of judges), Reform Commission and will adjust its activity as needed. comply with international and Joint PTP anti-corruption court study visit to 11/2016 European standards of judicial Achieved Slovakia and Bosnia designed and implemented 04/2017 independence, and reflect citizen Draft concept paper for establishing the High input. 05/2017 Achieved Specialized Anti-Corruption Court developed Amendments to Article 375 of the Criminal Code 03/2017 Achieved drafted

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY

Draft law on establishing the High Specialized The Law on the High Anti- 06/2018 Achieved Corruption Court was adopted Anti-Corruption Court drafted in June 7, 2018 New Justice Expert Dr. Fazari developed Roadmap for the SJA in instituting Recommendations on jury trial implementation traditional jury trial model 06/2020 Achieved in Ukraine, which in June in Ukraine developed 2020 were sent to the SJA, MoJ and the Legal Policy Committee in the Parliament.

On December 20, 2018, the draft Law on Amending Some Legislative Acts of Ukraine to Recommendations on bringing the domestic Ensure the Harmonization of legislative framework in line with the 10/2018 Achieved the Criminal Legislation with international humanitarian law developed the Provisions of the International Law was registered in the Verkhovna Rada of Ukraine (#9438). New Justice conducted four ER1.1.2 Inclusive consultative regional discussions on processes for developing and establishing Anti-Corruption implementing constitutional Six seminars conducted to promote the new Court which directly touches an issue of judicial amendments, legislation, and other constitutional and legislative provisions with 09/2019 Achieved independence. Jointly with the normative acts related to judicial respect to judicial independence conducted Supreme Court New Justice independence established. conducted two reginal seminars on the procedural legislation.

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Three information campaigns supported through grants 09/2018 Achieved

Information campaign on constitutional The grant project is completed complaint supported through grant 06/2019 Achieved by the NGO Center for Constitutional Initiatives Roundtable with key stakeholders on judicial After the recent Presidential ER1.1.3 The Judiciary positively independence and the rule of the law conducted and Parliamentary elections, it influences the parliament and is needed to review the 09/2019 Cancelled approach of the activities executive branch in the aimed at fostering dialogue development and allocation of between the branches of legislation affecting the judiciary, government. including the judicial budget. Information campaign on judicial independence 10/2020 Postponed launched ER1.1.4 Legislation, regulations, and operating procedures to implement Public awareness campaign on judicial reform constitutional amendments related launched 10/2020 Postponed to judicial independence adopted with public notice and consultation

Sub-Objective 1.2: Judicial Self-Governance Strengthened

Judicial self-governance conference conducted 12/2016 Achieved

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY HCJ governance structure, including specialized HCJ established three committees, established specialized boards to ensure coordination within the ER 1.2.1 Authorities of Judicial self- judiciary and with governance bodies (e.g., the High 09/2017 Partly achieved international donors, Council of Justice, among others) however, it did not establish clearly defined and understood by the "thematic" specialized judicial leadership, judges, and committees New Justice was advocating for judicial personnel.

HCJ internal rules of procedure developed/updated to 09/2020 In progress reflect BPA results Online training tool for judges, court staff, and jurors to promote compliance with ethical 09/2020 In progress standards developed. ER 1.2.2 The Judiciary exerts Current disciplinary practice for violation of The report based on the leadership in developing strategies, judicial ethics rules assessed. 09/2019 Achieved conducted assessment is being objectives, and initiatives to finalized. effectively promote and protect its HCJ staff trained on general management skills 10 out of 10 training sessions independence, while ensuring 11/2018 Achieved have been conducted, certificates awarded. accountability, integrity, transparency and high ethical Rules of Conduct for Court Staff revised. Two meetings of the respective working group took standards 09/2019 Achieved place. New Justice submitted the recommendations to the COJ.

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Judicial statistics take into account gender New Justice provided SJA and disaggregation data COJ with the Gender Sensitivity Index of the Judiciary which indicators should be taken into account 06/2019 Cancelled during data collection process. Starting January 2019, SJA collects and makes publicly available gender disaggregation data

ER 1.2.3 Representation and Gender index for the judiciary developed Gender Sensitivity Index of the leadership of women judges in Judiciary was developed by NJ 09/2017 Achieved judicial governance bodies and short-term gender expert courts enhanced. Maryna Rudenko. Research on women judges as leaders conducted Research on women judges as 09/2017 Achieved leaders conducted Training curriculum for women judges on New Justice grantee developed leadership and gender awareness developed and piloted training program curriculum on leadership and gender awareness for women 01/2019 Achieved judges and women attorneys, and will finalize the curriculum in the next reporting period.

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Regional trainings for women judges on Training Program was increasing leadership skills and gender developed and piloted by the awareness conducted. grantee Women Perspectives Center. It was submitted to the 06/2019 Achieved NSJ for further implementation. These trainings were also conducted during Women-Lawyers Forum in June 2019.

Working Group on Gender Issues in the Judiciary Postponed to the next 09/2020 Pending established. reporting period. Gender Sensitivity Index of the Judiciary The Expert is identified and 09/2020 In progress updated. will start working. Curriculum on Gender Equality for law school New Justice grantee students developed and tested. Association of Women 02/2020 Achieved Lawyers of Ukraine finalized the Curriculum on Gender Equality after its piloting. Visit of Ukrainian judges to the Biennial Due to budget constraints and Conference of International Association of other priorities New Justice Women Judges “Celebrating Diversity” in cancelled this activity. Auckland, New Zealand supported. However, New Justice provided support to Ukrainian 05/2020 Cancelled Association of Women-Judges in obtaining their membership in International Association of Women-Judges to facilitate the visit.

National Forum of Women Lawyers conducted. 09/2020 Cancelled Cancelled due to pandemic.

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Two roundtable discussions aimed at improving ER 1.2.4 Participation and inclusion judicial operations and promoting better bar- 09/2019 Pending of judges, judicial personnel, bench relations conducted. advocates, and citizens in judicial Cooperation agreement between judicial self- governance strengthened. governance leadership and organizations 06/2019 Pending representing court staff signed ER 1.2.5 Judicial performance Recommendations for improving procedures for New Justice engaged two standards for merit-based testing, judicial selection and qualifications evaluations international experts with vetting, recruitment, performance developed expertise of judicial evaluation, transfer, promotion, candidates’ testing matter to support HQC in reviewing a discipline, and lustration set of internal regulations established. governing each stage of 03/2019 Achieved selection procedures. During this period experts presented their reports and recommendations to the HQC and participated in the lessons learned roundtable conducted by the HQC. Recommendations for developing standards for New Justice had to postpone test items and case studies preparation development of the elaborated recommendations due NSJ request. NSJ did not finish 09/2020 Pending developing draft standards for test items and case studies preparation and was not able to provide it for the review.

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY

Report with recommendations for preparing a New members of the HQC single harmonized set of rules for HQC 09/2020 Pending were not appointed in the developed reporting period Handbook for HQC Members developed New Justice engaged two international experts and two 09/2020 In progress national experts to draft Handbook for HQC Members. Selection Commission internal regulations Selection Commission was not developed 09/2020 Pending established in the reporting period. Report with recommendations on amending rules regarding judicial corruption, violation of judicial ethics and illegal conduct of judges, 04/2017 Achieved judicial personnel, advocates and citizens prepared and disseminated

ER 1.2.6 Rules regarding New Justice submitted to the corruption, judicial ethics and Draft law on amending legal provisions Verkhovna Rada Legal Policy regarding judicial corruption, violation of judicial Committee comparative table illegal conduct, as well as related 09/2020 In progress disciplinary sanctions and ethics and illegal conduct of judges, judicial and explanatory note to the personnel, advocates and citizens prepared draft law, and will advocate enforcement procedures, for its adoption. strengthened. This milestone shall make a part of the Rules of Conduct Draft Regulation on Managing Conflicts of for Court Staff to be revised 09/2020 In progress Interest of the Court Staff prepared under the ER 1.2.2. Completion date for this assignment changed. Report with recommendations on updating the Anti-Corruption Program of the HCJ developed 05/2018 Achieved and submitted to the HCJ

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Report with recommendations to the HQC Anti- 03/2019 Achieved Corruption Program 2019 developed According to the potential consultant for respective assignment, the stakeholder Methodology for anti-corruption audit of draft (Verkhovna Rada Steering 08/2019 Cancelled laws developed Committee on Anti-Corruption Policy) applies methodology for public anti-corruption audit developed in 2016. Report with recommendations on Anti- New Justice will identify the Corruption Programs’ implementation 09/2020 Pending expert(s) to undertake developed respective assignment.

Report on legal obstacles and disincentive mechanisms for reporting judicial corruption 04/2017 Achieved ER 1.2.7 Reporting of corruption, developed and disseminated unethical or illegal conduct Survey on reporting judicial corruption and Achieved simplified and made more protection of informers and whistleblowers 09/2017 conducted accessible for judges, judicial personnel, advocates, and citizens. Informational materials on reporting judicial Milestone will be revisited in Pending view of adoption on October corruption and protection and incentive mechanisms for those who report designed and 17, 2019, of the Law "On Amending the Law of Ukraine disseminated 09/2020 “On Preventing Corruption” regarding the Whistleblowers of Corruption” which entered into force on January 1, 2020.

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Draft law on amending legal provisions New Justice submitted to the governing processes for reporting corruption, Verkhovna Rada Legal Policy Committee comparative table violation of judicial ethics, and illegal conduct 09/2020 In progress prepared and explanatory note to the draft law, and will advocate for its adoption. Second annual survey on reporting judicial corruption and protection of informers and 10/2018 Achieved whistleblowers conducted Judicial training program on anti-corruption Starting from September 5, issues and consideration of corruption cases 2019, the High Anti- updated and submitted to NSJ Corruption Court become a single competent court for consideration of corruption 09/2019 Cancelled cases. Remainder of minor corruption cases to be disposed by the courts of general jurisdiction does not require update of judicial training program. Survey on reporting judicial corruption and protection of informers and whistleblowers 05/2019 Achieved conducted Survey on reporting judicial corruption and protection of informers and whistleblowers 06/2020 conducted Report with recommendations on legal ER 1.2.8 Protections increased for mechanisms on the protection and incentives for individuals who report corruption, individuals who report judicial corruption 04/2017 Achieved unethical or illegal conduct against developed and disseminated

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY judges, judicial personnel and On August 29, 2019, the advocates. President of Ukraine submitted to the Verkhovna

Draft Law on the Protection of Whistleblowers Rada draft law No. 1010 on amendments to the Law on and Information Disclosure on Damages and 09/2019 Cancelled Corruption Prevention with Threat to Social Interests (No.4038a) updated regard to whistleblowers’ protection. Thus, development of a separate legislation in this area is not relevant anymore. Whistleblower Protection Concept Paper finalized 09/2020 Achieved

Sub-Objective 1.3: Judiciary exercises independence effectively Survey of judges on judicial independence and ER 1.3.1 The Judiciary exercises accountability conducted 09/2017 Achieved independence with regards to judges, personnel, budget authority, Second annual survey among judges on judicial 10/2018 Achieved and other areas of judicial independence and accountability conducted competence. Survey among judges on judicial independence and accountability conducted 06/2020

ER 1.3.2 The Judiciary effectively Guidelines for interviewing candidates to the Is being developed in the exercises competencies in judicial highest courts developed. 12/2018 Cancelled framework of the Handbook for HQC Members (ER 1.2.5) testing, vetting, recruitment, performance evaluation, transfer, Report with results of monitoring and promotion, discipline and lustration recommendations on improving procedures related to competition to judicial positions in the 09/2019 Achieved of judges using merit-based system. highest courts developed.

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Report with recommendations for improving PIC 12/2019 Achieved Communications Strategy developed Report with recommendations for improving PIC Indicators to Determine Non-compliance of 12/2019 Achieved Judges and Judicial Candidates with Integrity and Professional Ethics Criteria developed Orientation session for Selection Commission Selection Commission was not members conducted 03/2020 Pending established in the reporting period Orientation session for new HQC conducted New members of the HQC 03/2020 Pending were not appointed in the reporting period

ER 1.3.3 90% of Judicial testing, Analysis of the legislative and regulatory vetting, recruitment, performance framework, as well as all relevant web resources evaluation, transfer, promotion, regarding the online publication of information 09/2020 In progress discipline and lustration results regarding the judicial selection, qualifications published online. evaluation, and discipline developed. Report with recommendations on amending HCJ 06/2017 Achieved ER 1.3.4 Implementation of ethics internal regulations developed enforcement mechanisms IT needs assessment of the HCJ conducted 06/2017 Achieved strengthened. Curriculum for initial training of HCJ judicial Milestone will be revisited in inspectors developed view of coming HCJ reboot 09/2020 Pending according to the law No. 193- IX adopted on October 16, 2019

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Report with recommendations on improving Milestone will be revisited in Regulation on Judicial Inspector of the High view of coming HCJ reboot Council of Justice prepared and submitted to the 09/2020 Pending according to the law No. 193- HCJ IX adopted on October 16, 2019 Initial training of HCJ judicial inspectors 10/2018 Achieved conducted Manual on disciplinary proceedings against New Justice engaged for this judges finalized 01/2020 In progress assignment local expert Professor Andrii Boiko Recommendations on performance evaluation of Milestone will be revisited in HCJ inspectors developed view of coming HCJ reboot 09/2020 Pending according to the law No. 193- IX adopted on October 16, 2019 Recommendations on amendment of the HCJ Integrity and Ethics Rules of Procedure developed 02/2020 Pending Commission was not set up during reporting period Integrity and Ethics Draft Regulation on the Integrity and Ethics 02/2020 Pending Commission was not set up Commission developed during reporting period

ER 1.3.5 Judges, judicial personnel, Roundtable on reporting judicial corruption by peers conducted 09/2017 Achieved and advocates change attitudes

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY towards reporting corruption, Milestone will be revisited in unethical or other illegal conduct by view of adoption on October Recommendations on ways and factors for 17, 2019, of the Law "On their peers. changing attitudes towards reporting judicial Amending the Law of Ukraine 09/2020 In progress corruption by peers within the justice sector “On Preventing Corruption” developed regarding the Whistleblowers of Corruption” which entered into force on January 1, 2020 Survey on reporting judicial corruption and protection of informers and whistleblowers conducted, results presented to and discussed 06/2020 with stakeholders

Survey among judges, judicial personnel, advocates and citizens to explore attitude related 10/2018 Achieved to reporting corruption in the courts conducted

ER 1.3.6 Reporting of corruption, Survey of justice sector professionals and jurors unethical or illegal conduct by regarding judicial reform and corruption 05/2019 Achieved judges, judicial personnel, conducted advocates and citizens increased. Survey among judges, judicial personnel, advocates and citizens to explore attitudes 06/2020 related to reporting corruption in the courts conducted Survey among judges, judicial personnel, ER 1.3.7 Protections for individuals advocates and citizens on their awareness about who report corruption, unethical or protection of whistleblowers and people who 10/2018 Achieved illegal conduct against judges, inform about corruption in the courts conducted

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY judicial personnel and advocates Survey of justice sector professionals and jurors Achieved regarding judicial reform and corruption 05/2019 applied. conducted Survey among judges, judicial personnel, advocates and citizens on their awareness about 06/2020 protection of whistleblowers and people who inform about corruption in the courts conducted ER 1.3.8 Number of disciplinary measures against judges, judicial Report with recommendations and monitoring personnel and advocates for results of the HCJ decision in judicial disciplinary 02/2019 Achieved corruption, unethical or illegal cases drafted and presented to the HCJ conduct increased.

Sub-Objective 1.4: Improper and unlawful external influence on Judiciary reduced Curriculum was reviewed and NSJ decided to proceed with ER 1.4.1 Judicial decisions are based five different curricula, which solely on the facts and law, and Judicial opinion writing manual and curriculum are based on the Judicial updated 09/2017 Achieved opinion writing curriculum. reversed only through the appellate Judicial opinion writing process. manual was reviewed. These activities were conducted under ER 3.2.1. ER 1.4.2 Members of the International Standards for the Judiciary book International Standards for updated and broadly disseminated 09/2017 Achieved the Judiciary book was Presidential Administration, updated and published.

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Government and Parliament engage At least one mechanism for bar-bench the Judiciary in a constructive cooperation established manner that respects judicial independence and refrains from 09/2020 Postponed improperly or unlawfully interfering with the impartiality of judicial decision-making and professional conduct.

ER 1.4.3 Sufficient resources are Assessment report on the resources needed to This activity was canceled to allocated to protect judges and protect judges and judicial personnel from leverage the resources with other donors. In next work- judicial personnel from threats such threats, intimidation, and violence drafted 09/2018 Cancelled planning periods it will be as harassment, assault, and other reviewed to address the needs forms of intimidation and violence. of the stakeholders

ER 1.4.4 Judges are empowered to Standardized form and guidelines for judges and New Justice launched this report improper or illegal court staff to report improper or illegal activity and involved three 09/2020 In progress interference in their judicial interference developed experts (one international and decision making and conduct. two local).

Objective 2: Accountability and Transparency of the Judiciary to Citizens and the Rule of Law Increased

Sub-Objective 2.1: Transparency by the Judiciary Increased Up to 5 participants of “Limits of Transparent New Justice supported ER 2.1.1 Increased awareness Justice” conference supported participation of two COJ among citizens of the right to and 12/2016 Achieved members in “Limits of limitations of judicial transparency Transparent Justice” Conference

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY in courtroom proceedings and “Effective Delivery of Justice as a Means to The conference was conducted in April 19-20, 2018 in Kyiv. judicial governance. Increase Public Trust and Confidence in the 04/2018 Achieved Up to 200 participants Judiciary” Conference conducted attended. Public awareness campaign regarding role of HCJ New Justice communications designed and implemented. expert Olena Ivanova provided 03/2019 Achieved recommendations to the HCJ on the format of the campaign in January 2019. Public awareness activities on judicial reform New Justice grantee NGO and services provided by courts designed and Center for Democracy and Law prepared jointly with the SJA implemented. and COJ standardized content 01/2020 Achieved regarding the services provided by courts for courts’ information boards and websites. The materials are exposed in pilot courts. Survey was completed, and its Nationwide survey of jurors conducted. 05/2019 Achieved results were presented to major stakeholders. ER 2.1.2 Increased public access to Working Group on Jury Service Improvement New Justice supports the 09/2020 In progress courtroom and judicial governance activities supported. regular meetings of the WG. proceedings in-person, on-line, via Cancelled in view of the TV/radio, or through archived Court decisions rendered with the involvement of jurors analyzed. current legislative initiative to recordings and records. completely change current 09/2020 Cancelled model of jury trials in Ukraine and this data analysis will be not relevant.

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Public awareness campaigns regarding jury Materials were printed and service designed and implemented. disseminated in May-June 2019 under the I HAVE A RIGHT! Campaign. New Justice postponed the activities on developing orientation and 09/2020 In progress PSA videos regarding the jury service to the next reporting periods after the Parliament of Ukraine adopts legislative amendments that completely change the jury trial model. Teaching materials for jurors developed and New Justice postponed this disseminated. activity to the next reporting periods after the Parliament of 09/2020 Pending Ukraine adopts legislative amendments on the reform of jury trials. Audio and visual needs assessment regarding At this point New Justice has not received the request from HCJ and HQC conducted. 09/2020 Pending HCJ and HQC regarding audio and visual equipment needs. Methodology for more balanced selection of New Justice Expert from the jurors developed. U.S., Dr. Fazari addressed this 06/2020 Achieved issue in the Roadmap for SJA in instituting traditional model of jury trials in Ukraine.

100

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Regional series of training programs for judge- New Justice short-term speakers and PIOs conducted communications expert Leah Gurowitz jointly with the HCJ conducted the Workshop for 04/2018 Achieved judge-speakers and courts PIOs on Improvement of Courts Communication Policy on April 16-18, 2018. Unified Communications Strategy of the Judiciary New Justice short-term local and its Implementation Plan developed Communications Expert Olena Ivanova finalized the draft 03/2019 Achieved Strategy and presented it to the Communications Committee of the Judiciary. Annual Forum for courts PIOs New Justice jointly with the ER 2.1.3 Increased outreach by the Canadian Support to Judicial 10/2018 Achieved Judiciary to the public and press. Reform Project conducted this event in October 2018. COJ website updated New Justice IT Expert Dmytro Kiselyov finalized Software Requirement Specification for COJ web site modernization, 03/2019 Achieved that was approved by the COJ. State Enterprise “Information Court Systems” confirmed that they will implement the developed SRS. Job descriptions for judge-speakers and PIOs New Justice is identifying the updated Expert, who will cooperate 09/2020 Pending with the Comms Committee of the Judiciary to work on this task.

101

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Social Media Communications Guide for judges New Justice involved national Communications Expert, Ms. and Model Crisis Communications Matrix for 09/2020 In progress Iryna Khymchak who is courts developed working on this task. ER 2.1.4 90% completion of financial and asset declarations by Number of judicial declarations published online Will be resumed once HQC will judges and judicial personnel, with increased 08/2020 Pending restart its operation. 90% of judicial financial and asset declarations published online.

Sub-Objective 2.2: Horizontal Accountability -Checks and Balances on the Judiciary by other Branches of Government strengthened

102

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Monitor of the judicial vetting process of the New Justice continue to lustration of public officials by the governmental monitor the process of re- institutions and process of judicial re-attestation attestation of the judges that by the HQC the HQC started in March 2018. Over the last reporting period no qualification evaluations were conducted as HQC still undergoes structural ER 2.2.1 Lustration process changes after 2019 reform. concludes without violations of due Thus the figures remain the process or human rights of same: a 279 judges 08/2020 In progress lustrated judges and judicial successfully passed personnel. qualification evaluation and proved their capability to deliver justice. Totally starting from March 2018, the HQC disqualified 156 judges while 2113 remained on bench after successful examination. When speaking about public officials – 878 of them were lustrated as of today.

103

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Monitor results of lustration cases under October 17, 2019 th EtCHR consideration by the new Supreme Court and supported rendered by its the у ECHR. Six Chamber judgement in the case Polyakh and Others v. Ukraine admitting that the dismissal of civil servants under Ukraine’s lustration law led to violations of their rights. Generally, the Court admitted that the Government Cleansing (Lustration) Act (GCA): (I) is contrary “to the 08/2020 In progress constitutional provisions guaranteeing the principles of individual liability and the presumption of innocence”; (ii) raise the possibility that some of its measures “may have been motivated, at least in part, by vindictiveness towards those associated with the previous governments”; (iii) is lacking clarity as to the applicable time-frame; and (iv) is of broad scope.

104

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Monitor progress of the Constitutional Court While there were two closed review of lustration cases. hearings, during the last reporting period the Constitutional Court of 08/2020 In progress Ukraine made no progress in considering lustration cases. NJ keeps monitor the situation.

ER 2.2.2 Judiciary coordinates with Involve expert to review COJ Regulation on New Justice analyzed current Conflict of Interest and provide COJ Regulation on Conflict of the NAPC to develop and implement Interest and provided corruption-prevention measures recommendations on its improvement. recommendations on its within the Judiciary content and wording 08/2020 In progress improvement. NJ will continue to advocate for the recommendations implementation once CoJ operation is fully resumed after covid19 quarantine.

105

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Conduct sustainability building workshop for newly appointed COJ Ethical Committee members on best ethical standards including Over this reporting period managing conflict of interest. New Justice conducted two days Judicial Ethics Workshop for the new members of the COJ introducing them to international best practices and lessons learned in judicial ethics and conflict of interest and improving their skills in preparing advisory opinions and managing conflict of 10/18 Achieved interest. Judge of 10th Circuit Bankruptcy Appellate Panel Hon. William T. Thurman and Dr. Tilman Hoppe leaded the event sharing their knowledge, experience and expertise in identifying, disclosing and managing conflict of interest and other ethical dilemmas in activities of judges and members of judicial self-governing bodies.

106

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Support the HCJ Working Group on Judicial CCU rendered a judgements Independence’s sessions and provide expert admitting current wording of the Article 375 of the CCU support in re-writing provisions of Article 375 of ER 2.2.3 Judiciary facilitates NABU unconstitutional. Currently the CCU number of legislative initiative and Prosecutor General’s Office 08/2020 In progress were registered in the investigations into alleged Pariament, specifically draft corruption or other illicit conduct law -1, -2 and 3500-3. New by judges or judicial personnel Justice№350 will0, also №3500 shre with the №3500Parliament recommendations№ of its expert Volodymyr Koreniaka with this regard. New Justice developed recommendations on amendments to the Law On Parliament Rules of Continue to foster communication between the Procedures and the Law On judiciary and Parliament by supporting joint Parliament Committee that ER 2.2.4 Judiciary coordinates with would address the issue of events and dialog between the HCJ and In progress 08/2020 parliamentary oversight Parliamentarian Secretariat in developing official intercommunication committees, with due respect for between respective unified approach to the process of providing HCJ institutions. New Justice will judicial independence and freedom advisory opinions. advocate for the adoption of from interference. above mentioned recommendations by the Parliament.

Assess quality of available HCJ consultative New Justice is looking for a Pending opinions on draft laws and provide 08/2020 best suitable expert for this task. recommendations on their improvement.

107

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY HCJ does not consider this Provide expert support to the HCJ members in activity as a top priority at the Pending obtaining practical skills of advisory opinions 08/2020 moment due to the collapse of

drafting the HQC operation.

New Justice developed recommendations on amendments to the Law On Parliament Rules of Procedures and the Law On Support the HCJ in developing recommendations Parliament Committee that would address the issue of how to comply provisions of the Law on the HCJ, In progress 08/2020 Rules of Procedures of the Parliament, and Rules official intercommunication between respective of Procedures of the HCJ. institutions. New Justice will advocate for the adoption of above mentioned recommendations by the Parliament.

Sub-Objective 2.3: Social Accountability - Judiciary Held Accountable by Citizens, Civil Society and Independent Media Political Economy Analysis (PEA) on partner CSO New Justice is in the process to find international experts and challenges and opportunities to contribute to 03/21 Postponed train program staff to conduct ER 2.3.1 Citizens and CSOs actively judicial reform conducted. participate in and monitor judicial PEA. Estimated completion date changed reform processes at the local and national levels. Assessment of CSO capacity to monitor and contribute to the implementation of judicial 12/18 Achieved reform completed

108

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Up to four CSO projects on monitoring judicial Seventeen CSO projects are performance evaluation, selection and discipline completed contributing to citizen and CSO monitoring of 12/19 Achieved as well as overall judicial reform implemented judicial reform and participating in together with GOU partners. Comprehensive analysis of the results of New Justice national surveys of population, judges, judicial personnel, advocates and jurors 06/19 Achieved conducted, identified trends and forecasts completed Completed partner CSO self-assessment of capacity to monitor and contribute to judicial CSO self-assessment tool 09/20 In progress reform implementation. developed

Results of 2015-2016 CRC surveys in courts New Justice cancelled this milestone and related activity analyzed and communicated. N/A Cancelled due to currently undergoing court consolidation process. TOT for CSOs who provide Citizen Report Cards 22 individuals representing ER 2.3.2 Court operations improved (CRC) surveys training to courts conducted, at 11 CSOs trained on through direct citizen feedback (e.g., least 20 CSO representatives trained. 12/18 Achieved conducting CRC and CRCs) training court staff in CRC

surveys Partner CSO conducted training sessions for Citizen Report Cards court staff on CRC implementation in all oblasts 03/19 Achieved completed in twenty-three of Ukraine. Oblasts and the City of Kyiv.

109

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY All Ukrainian courts implemented CRC surveys. It covers all territory of Achieved Ukraine that is under GOU- 09/19 partially control except Dnipropetrovsk Oblast. Analysis of court implementation of CSO- Analysis of developed recommendations conducted 10/20 In progress recommendations is and discussed with stakeholders. currently underway. At least five formal linkages between judicial reform-oriented CSOs and their GOU partners 09/19 Achieved newly established or strengthened. Thirteen CSO partners implement 43 MOUs with GOU and local government entities, ER 2.3.3 Formal linkages between At least ten formal linkages between judicial New Justice expect ten more in civil society and judicial, reform-oriented CSOs and their GOU partners 2020. 03/20 Achieved governmental and parliamentary newly established or strengthened. institutions established (through, e.g., MOUS or joint strategies and PEA of New Justice governmental and non- New Justice is in the action plans). governmental partner cooperation studied process to find issues and challenges to establish and develop international experts and 03/21 Postponed formal linkages between CSO and GOU train program staff to institutions including judiciary. conduct PEA. Estimated completion date changed ER 2.3.4 Citizen awareness of Information materials updated This activity will be conducted judicial reform and corruption 09/2019 Cancelled under ER 2.1.1. increased.

110

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Complete 2018 survey of the public awareness 2018 survey conducted. Its results effectively on corruption reporting procedures and 09/19 Achieved communicated to the judiciary mechanisms and policy makers. Conduct analysis of the survey results and discuss the outcomes with the civil society and 09/19 Achieved Same as above. ER 2.3.5 Citizen reports to anti- judiciary. corruption organizations and Complete 2019 survey of the public awareness New Justice completed to agencies increased. on corruption reporting procedures and survey lawyers and court staff. 09/19 Achieved Results were presented to the mechanisms public and New Justice counterparts. Conduct analysis of the 2019 survey results and discuss the outcomes with the civil society and 09/9 Achieved Same as above. judiciary. Second round of partner CSO organizational CSO organizational capacity capacity assessment conducted. self-assessment tool 10/20 In progress developed and distributed to CSO partners ER 2.3.6 Judicial-reform oriented Training program for CSOs on self-assessment Representatives of twenty- CSOs organizational capacity score and capacity building roadmap and conducted three New Justice Partner increased. for at least 25 partner CSOs. CSOs trained in self- 12/18 Achieved assessment and

organizational capacity building roadmap development

111

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY

Program Management workshop for CSOs New Justice cancelled this participating in Public Integrity Council 06/19 Cancelled activity according to developed and conducted stakeholder program agendas Strategic management sessions for at least 5 Partially Strategic sessions conducted for judicial reform-oriented CSOs conducted 06/19 achieved three partner CSOs

Distance training program on organizational capacity development for judicial reform New Justice changed 12/20 Postponed oriented designed and implemented. completion date for this activity

Monitoring and Evaluation Handbook for judicial reform oriented CSOs developed and distributed New Justice changed 12/20 Postponed to partner CSOs. completion date for this activity

Bar Professional Conduct Rules revised The expert finalized the 11/2018 Achieved review of Bar Professional Conduct Rules ER 2.3.7 Professional associations Comparative law materials on the constitutional New Justice supported the and Bar associations increase provisions regarding role and status of the bar development of the draft Law capacity for self-regulation and on Bar and Legal Practice. This developed draft aims at fixing the current professional standards among 09/2018 Cancelled gaps in the legislative members. regulation, along with ensuring the implementation of the constitutional provisions.

112

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Commentary to the Bar Professional Conduct New Justice initiated the Rules developed working group with professional NGOs. New 09/2020 Pending Justice works to launch the activities of the working group. Survey of lawyers conducted Ukrainian National Bar Association does not support this activity. New Justice 09/2018 Cancelled leverages the resources to ensure the efficient implementation of its activity. Recommendations for the improvement of the The expert developed the recommendations for the Bar Professional Conduct Rules developed. 10/2018 Achieved improvement of the Rules of Conduct Analysis of the disciplinary practice of the regional qualifications – disciplinary commissions of the bar and the High 10/2020 Pending Qualifications – Disciplinary Commission of the Bar conducted.

113

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Regional series of training programs for New Justice jointly with SJRP journalists conducted supported the HCJ in conducting the Forum “Independent Courts and Free Media” with workshops on judicial journalist for regional 05/2019 Achieved media to highlight the importance of upholding journalism standards and ER 2.3.8 Quality and volume of procedural laws’ limitations investigative journalism and other when it comes to investigative journalism and media media reporting on corruption, coverage of court cases. judicial misconduct, judicial Courts and Media Manual for Journalists updated Manual is in open access reforms, high-profile court cases, and disseminated online. New Justice will and other rule of law issues support with its materials HCJ, increased. 09/2019 Achieved numerous CSOs and international partners who educate journalists on court reporting topics. New Justice materials on judicial journalism, New Justice supports and including Courts and Media Manual for participates at the events and meeting aimed at educating 09/2020 In progress Journalists, shared and consultations to journalists on how to highlight interested partners conducted. court cases and other relevant topics.

114

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY CSO monitoring of financial asset declarations New Justice continues to monitor activities of CSO ER 2.3.9 Media and CSOs analyze submitted by judges and court staff conducted partners who conduct analysis and publicize financial and asset of financial and assets 09/2020 In progress declarations compared to actual declarations of judges and lifestyle. court staff including analysis conducted by Public Integrity Council. Objective 3: Administration of Justice Enhanced

Sub-Objective 3.1: Judicial Administration Institutions, Policies, and Procedures Strengthened Coordination of activities between HCJ and COJ takes place in a structured and sustainable HCJ established coordination 09/2017 Achieved format councils

ER 3.1.1 Judicial administration HCJ internal rules of procedure developed/updated to bodies function in more coherent 09/2020 In progress reflect BPA results and coordinated fashion. Study visit to Serbia and Slovakia for HACC Upon the request of the HACC judges conducted and action plan for applying and the COVID-19 relate 10/2020 Postponed quarantine and travel best practices and lessons learnt prepared limitations the study visit is postponed till fall 2020. IFJSE presented and discussed with members of Presented and discussed. New Achieved ER 3.1.2 Strategies, policies, and the HCJ, COJ and SJA 12/2017 Justice will proceed with procedures for managing court implementation. operations, and providing quality Draft SJA performance evaluation framework services to the public implemented. prepared, presented, and discussed with Cancelled due to lack of 12/2019 Cancelled members of the HCJ, COJ, and SJA. interest.

115

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Training in IT and Strategic Planning for HCJ's 09/2020 In progress permanent IT Commission members conducted. Comprehensive HCJ strategic plan for the development and implementation of IT solutions 09/2020 In progress and other changes called for by Ukraine’s new procedural codes prepared. Case Management Plan for the HACC 09/2020 In progress development. SJA’s needs to create comfortable conditions for the work of jurors in courts assessed SJA provided its assessment report regarding creating 06/2019 Achieved comfortable conditions for the work of jurors in courts

TOR for Business Process Analysis for the courts ER 3.1.3. Courts equipped with and 09/2020 In progress prepared. use IT and e-justice systems to improve efficiency of workflow, TOR for ODR Platform prepared and reviewed 11/2019 Achieved case management, and accessibility Tender for ODR Platform conducted, platform to services 12/2019 In progress RFP announced successfully developed, tested and launched. Three Round table regional discussions of UJITS 09/2020 In progress implementation status and issues conducted. Cybersecurity risks management training designed Analytical report identifying and conducted for SJA and court IT staff. 09/2020 In progress main cybersecurity risks prepared

116

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY BPA for HCJ completed. 06/2019 Achieved

Survey of users of the e-Court module developed by the SE "Information Court Systems" 08/2019 Achieved conducted, recommendations prepared and presented to SJA. Case weights prepared together with New Justice expects to recommendations on how to determine 01/2020 In progress complete the case weighting ER 3.1.4 Courts hear and conclude optimum number of judges and staff, results study by January 30, 2020 cases in a timely manner and presented to SJA/COJ/HCJ. without undue delays. Timeliness of court proceedings evaluated, recommendations for improvement prepared 09/2019 Cancelled No award has been made and submitted to the HCJ, COJ and SJA Judicial budgeting practices evaluated, report ER 3.1.5 Judicial budgeting, with recommendations prepared and submitted 04/2019 Achieved financial management, internal to COJ, SJA, and HCJ controls and external auditing improved and compliant with Training for court personnel on budgeting and procurement issues conducted (Joint with ER national laws and international best 20/2020 In progress practice 3.1.6).

117

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Processes and procedures currently governing court procurement evaluated, and recommendations prepared and submitted to 04/2019 Achieved ER 3.1.6 Judicial procurement COJ, SJA and HCJ systems more transparent and compliant with national laws and international best practices Training for court personnel on budgeting and procurement issues conducted (Joint with ER 20/2020 In progress 3.1.5.).

Sub-Objective 3.2: Professional Competencies and Expertise of Judges and Judicial Personnel Improved Judicial training program on anti-corruption Will happen in the next Program Year. New Justice issues and handling corruption cases updated 09/2020 Pending changed estimated completion ER 3.2.1 NSJ methodologies, core date for this milestone. curriculum, and trainers Training program for newly appointed judges of An Orientation Training strengthened and meet the Supreme Court developed and implemented Program for the newly Achieved appointed Supreme Court international standards. 12/2017 Justices was implemented starting from November 14 through November 23, 2017.

118

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Library for newly appointed Supreme Court On November 14, 2017 New justices created and presented to each Supreme Justice presented to each justice a set of manuals and Court justices publications produced under FAIR and New Justice, Achieved including tools and resources on such topics as Rule of Law, 12/2017 Human Rights, Judicial Opinion Writing, Commentary to the Code of Judicial Ethics, Judges’ Book, Court and Community Communication, European and International Standards in Judiciary, etc. Training program “To Be a Judge. Introduction to Achieved the profession” designed. 09/2018

Orientation training program for newly The program was conducted appointed justices of the Supreme Court 09/2019 Achieved from May 13 to 17, 2019 developed and implemented Orientation training program for newly The Program was conducted appointed judges of the High Anti-Corruption 10/2019 Achieved on April 01-19, 2019. Court developed and implemented

Curriculum on Caseflow Management for New Justice involved Supreme Court justices and judges of appellate International expert Mr 09/2020 In Progress courts finalized and transferred to the NSJ. Giuseppe Fazari to develop and finalize the Curriculum.

119

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Training for Trainers (TOT) on Caseflow New Justice International Management for Supreme Court justices and expert Mr Giuseppe Fazari will judges of appellate courts conducted. 09/2020 Cancelled finalize the curriculum and present to the NSJ for implementation Course for chief judges on Courts and The NSJ is implementing Community Communications developed developed with FAIR support the Online course on Communications for Press 03/2018 Cancelled Secretaries. The NSJ is cooperating with the Canadian Project in conducting trainings for chief judges on Courts and Community Communications. Course for judge-speakers on Courts and 03/2018 Cancelled See previous comment. ER 3.2.2 Judges and judicial Community Communications developed assistants trained in core Orientation training curriculum for jurors on As decided on the Jury Trial substantive and procedural law, their rights and obligations and for judges on Improvement WG meeting on judicial ethics, leadership, and May 17, 2019 instead of their work with jurors developed developing the orientation management. 06/2019 Cancelled curriculum for jurors, is better to develop an orientation video and public awareness materials. This activity will be implemented under ER 2.1.2. Online course “Human Rights and environmental Achieved protection” developed/ 09/2018

Mentor Training Program developed Achieved 06/2018

120

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Chief Judge Leadership and Management training Achieved Program developed 06/2018

Chief Judge Leadership Comprehensive New Justice involved International expert Ms Curriculum Framework developed 02/2019 Achieved Maureen Conner to prepare such curriculum framework Teaching lessons plans and students materials New Justice involved International expert Ms for Chief Judge Leadership Comprehensive 11/2019 Achieved Maureen Conner to develop Curriculum Framework developed such materials Workshop on modern internationally recognized New Justice involved International expert Mr case management practices for SC justices 07/2019 Achieved Giuseppe Fazari to develop conducted and conduct such workshop Teaching materials for an orientation training New Justice supported NSJ curriculum for jurors and judges provided. with examples of booklets for 12/2018 Achieved jurors from Germany and U.S. and provided samples of orientation videos. TOT for NSJ faculty members to teach International humanitarian law and 11/2019 Achieved international criminal law application in conflict context conducted. TOT for NSJ faculty members to teach the Chief Judge Leadership Program, Court Administrator Leadership Program, and Executive Team 09/2020 Canceled Removed from work plan Leadership Program for chief judges and court administrators conducted

121

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Chief Judge Leadership Program Curriculum, Court Administrator Leadership Program Curriculum, and Executive Team Leadership 09/2020 In progress Program Curriculum for chief judges and court administrators transferred to the NSJ Up to 15 court administrators completed Executive Team Leadership Program for court 11/2019 Achieved administrators and chief judges Task 3.2.3.1. Conduct content assessment for 02/19 Achieved court administrator leadership comprehensive

curriculum framework development. Task 3.2.3.2. Write teaching lesson plans and student materials for all programs/modules that ER 3.2.3 Judicial personnel are selected for the court administrator demonstrate competencies in key leadership comprehensive curriculum areas of management and framework; if necessary identify desired knowledge and skills for additional faculty, select operational support. 09/19 Achieved the additional faculty and conduct faculty

training to teach the new curriculum framework. Select participants and conduct the leadership program for up to 40 court administrators with their further participation in the executive team training for chief judges and court administrators.

122

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Task 3.2.3.3. Conduct Strategic Session for representatives of Institute of Court 09/2020 In Progress Management NGO to increase capacity of court administrators NGO. Linked to ER 2.3.6. New Justice assessed the Bootcamp program developed for training HACC feasibility of such program. No 10/2019 Canceled court staff and HACC staff trained. impact was identified for this kind of program. Mid-level management training program for the 10/2020 In Progress HACC staff developed and conducted.

Training program for SC staff developed and New Justice is currently 09/2020 Suspended assessing the feasibility of such a conducted program

Chief Judge and Court Administrator Joint 06/2018 Achieved Executive Education Program developed ER 3.2.4 Attitude of judges and judicial personnel of themselves and their peers is positive (e.g., self- Chief Judge and Court Administrator Leadership New Justice involved image as honest, professional, International expert Ms. Comprehensive Curriculum Framework 02/2019 Achieved performing a public service, not- Maureen Conner to prepare developed corrupt). such curriculum framework

Teaching lesson plans and students’ materials for New Justice involved all programs/modules that are selected for the International expert Ms. 09/2019 Achieved comprehensive curriculum framework Maureen Conner to develop developed. such materials

123

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY

Existing Judicial Ethics Curricula (in-class and 09/2020 In Progress on-line) updated

ER 3.2.5 By the end of the Program, the NSJ is able to provide high- quality, modern, professional No activities planned for TBD N/A N/A development services to judges and FY2019 judicial personnel with limited donor support. Sub-Objective 3.3: Mediation and Alternative Dispute Resolution (ADR) Strengthened Strategy and Recommendations developed and The activities postponed for presented to Ukrainian stakeholders for how the next work planning periods. It caused by the not mediation would be best implemented in 09/2021 Pending adoption of the Draft Law on Ukraine Mediation. New Justice ER 3.3.1 Comprehensive analyses of changed estimated completion current context, barriers and date for this milestone. opportunities for developing Conference on Online Dispute Resolution 09/2017 Achieved mediation and other ADR processes conducted in Ukraine completed. Comprehensive analyses of current context, barriers and opportunities for developing New Justice involved 2 International and 2 local mediation and other ADR processes in Ukraine 06/2019 Achieved experts to complete such developed. analyses

124

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Comprehensive Analyses of Current Context, The Analyses presented to the Barriers and Opportunities for Developing Legal Policy Committee of the 09/2020 Achieved Mediation and Other ADR Processes in Ukraine Parliament, MOJ, law schools presented. and mediators’ community.

Two discussions of a draft Law on Mediation On Dec 15,2017 the conducted Committee conducted the first discussion. The updated with 09/2019 Achieved NJ support draft law was sent to the Committee on Jan 18, 2018. Up to 15 representatives of Ukrainian stakeholders participated in a Study Tour to the 11 representatives of 06/2017 Achieved Ukrainian stakeholders ER 3.3.2 Normative (legislative, Superior Court of the District of Columbia in participated in this Study Visit regulatory) framework for Washington, DC mediation and other ADR processes Set of materials produced in FAIR and New strengthened consistent with Justice Projects - Expert Reports – presented to Set of materials was presented to the Legal Policy Committee international best practices. the MOJ, the Profile Committee of the Parliament 09/2020 Achieved of the Parliament, MOJ and of Ukraine, and other interested stakeholders. other interested stakeholders.

Draft Law on Mediation developed On December 28, 2019 a new Draft Law on Mediation developed by the MOJ working 09/2020 Achieved group with New Justice support was registered in the Parliament of Ukraine

125

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY A working group developed a draft Code of Conduct for Mediators. After 10 regional discussions NAMU adopted it on Dec 7, 2017, and presented during the Conference on December 8, 2017. New A working group to develop consolidated Justice will continue work approaches to rules of conduct, accreditation with mediators’ community on procedure, selection and trainings of mediators, 09/2019 Achieved development standards for monitoring of their activities, continuous their self-regulation. trainings created NJ will continue this activity in ER 3.3.3 Professional association for FY2018. mediators and other ADR In framework of a grant NAMU developed training standards practitioners strengthened. for mediators and presented them to the mediators’ community.

NAMU adopted the Code of Conduct for Mediators on Dec 7, 2017, and presented it Code of Conduct for Mediators developed 12/2017 Achieved during the Conference on December 8, 2017.

The grantee successfully Standards for training of mediators developed 08/2019 Achieved implemented the grant project.

126

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY

Up to 40 social workers trained on how to refer Association of Family mediators of Ukraine cases for family mediation. 09/2020 Achieved completed implementation a grant project Association of Family Information campaign related to family mediators of Ukraine completed implementation a mediation conducted in 5 regions by distributing 09/2020 Achieved grant project booklets in social services and in online sources

New Justice updated this milestone and estimated completion date for it. 30 judges, 30 representatives of regional free 09/2018 Cancelled NJ cancelled this activity legal aid centers, and 18 representatives of NGOs because it was foreseeing as a ER 3.3.4 Professional knowledge, participated in referral trainings grant activity but no one expertise, and integrity of application received. mediators enhanced Ukrainian Academy of Draft textbook on mediation developed 09/2019 Achieved Mediation successfully completed this grant project. Textbook "Mediation in the Professional Activity Ukrainian Academy of of a Lawyer" developed. 12/2019 Achieved Mediation successfully implemented the grant project Ukrainian Academy of Mediation information campaign developed Mediation implemented this ER 3.3.5 Mediation and other ADR 03/2018 Achieved information campaign with processes integrated into the legal New Justice grant funding. culture and court processes. ODR program designed and implemented 09/2020 In progress

127

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY ER 3.3.6 Use of mediation and other No activities planned for ADR processes in civil and TBD N/A N/A FY2019 commercial cases increased. Sub-Objective 3.4: System of Enforcement of Judgments Improved Analyze draft law amending laws on NJ jointly with the UE Pravo- enforcement procedures drafted by the MOJ and Justice program analyzed provisions of the recently provide recommendations registered in the Parliament draft law #3609 developed by 09/2020 In progress the MoJ and provided negative opinion. Furthermore, both projects advocated for the alternative to this bill legislative initiative #3726 – 3729. ER 3.4.1 Normative framework for Support the MOJ Legislation Department in enforcement of judgments revised. Due to new MOJ priorities and advocating changes by supporting discussions, quarantine restrictions was 08/2020 Pending presentations, etc, incl. the forum titled decided to postponed this “Territory of Justice”. event. Continue to examine enforcement processes and New Justice continues to procedures, identify gaps and provide provide expert recommendations to the MOJ recommendations and the APEOU regarding 09/2020 In progress improvement of enforcement procedure. Some of them were reflected at the mentioned above draft #3726.

128

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY New Justice continues to Review rules and procedures adopted by the provide expert Congress of PEAs to offer recommendations on recommendations to the MOJ 09/2020 In progress and the APEOU regarding their improvement. improvement of Rules and Procedures regulating PEOs operations. New Justice provides support to the APEOU Ethical Train Ethical Commission of the PEO Association Committee in reviewal of the In progress on international standards on conflict of interest 09/2020 provisions of the Code of ER 3.4.2 Rules and procedures for licensing, oversight, and assignment management Ethics of PEOs to recommend next congress of PEOs of private enforcement agents regarding its improvement. adopted. New Justice jointly with the PEOs Association conducted Support MOJ Working Group in developing second round of PEOs survey standard curricula of initial trainings for the conducting more detailed 09/2020 In progress analysis of their current PEOs candidates by conducting needs training needs and problems assessment, surveys, etc. they encounter in disciplinary procedures and ethical dilemmas.

Review qualification rules and procedures New Justice initiatives in this In progress established by the MOJ. And provide 08/2020 regard were reflected in the

recommendations on their improvement draft law #3726. Review Disciplinary rules and procedures In progress established by the MOJ and provide 07/20 Same as above.

recommendations on their improvement

129

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Review rules for conducting functions and In progress oversight and provide recommendations on their 07/20 Same as above

improvement

Review current structure of the association, New Justice will continue to legislative requirements and its actual SOW and help APEU grow its capacity provide assessment of capacity needs, involve 09/2020 In progress and strength and address foreign expertise on the best standards in those weaknesses. establishing self-governing organizations.

ER 3.4.3 Association of Enforcement New Justice supported five regional round table Agents established and cadre of discussions (two in Odessa, private enforcement agents trained one in Kharkiv, one in Dnipro and certified. and one in Kyiv) devoted to Support Regional discussions of the practical the issues of PEOs aspects of the operation of private enforcement involvement in bankruptcy officers and develop recommendations for the 09/19 Achieved procedures, best IT solutions for efficient enforcement and MOJ effective advertisement of the profession at legal market. All worded recommendations and listed procedural problems were communicated to the MOJ.

130

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY New Justice is looking for the Explore best international standards if best suitable expert. 08/2020 In progress ER 3.4.4 Enforcement agents evaluation of quality of services provided by the PEOs equipped with the necessary systems, tools, and sufficient New Justice IT expert Dmitriy budgetary support to manage case Kisilyov finalized the TOR for load and adequately care for assets Achieved Association renewed web-site. Provide assistance in developing PEOs official under their supervision. 02/2020 Colleagues from EU Pravo- web-site. Justice based on the developed

TOR will hire IT specialist who will develop new web-site.

Selected by New Justice PlusOne company developed animation “Guide on Enforcement Proceedings@ that was released by the MOJ Support public awareness campaign I HAVE A and included into the national Achieved I HAVE A RIGHT! Campaign. RIGHT! In relation to the right on enforcement of 09/19 Also NJ published and ER 3.4.5 Judgments are enforced in court decisions disseminated brochures a timely and effective manner. informing citizens on due process of court decisions effective enforcement. New leadership of the MOJ closed the campaign. New Justice local short-term Outline the baseline for the private enforcement expert Maryna Ogay continues based on the initial statistical data available for 09/2020 In progress her analysis of the PEOs the first operational years. effectiveness for the benefit of the PEOs association.

131

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Objective 4: Quality of Legal Education Strengthened

Sub-Objective 4.1: National Strategy and Standards for Legal Education and Accreditation Adopted Draft Legal Education Reform Concept Paper New Justice is supporting the improved and prepared for the GOU approval Working Group on Legal Education Reform of the Legal Reform Commission under the President of Ukraine and the Verkhovna Rada Committee on Education, Science and Innovations in updating the ER 4.1.1 National education draft Legal Education Reform strategy and standards for legal Concept Paper. On February education and accreditation 26, 2020, the Verkhovna Rada Committee on Education, adopted by Ministry of Education, 09/20 In progress Science and Innovations on its with input the MOJ and key website published an updated stakeholders including version of the draft Legal representatives of civil society. Education Reform Concept Paper to be discussed and finalized at the Committee Hearing on Legal Education Reform initially scheduled for April 7 and then postponed to September 2020 due to the COVID-19 outbreak.

132

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Draft Legal Education Reform Concept Paper and New Justice is supporting the Action Plan developed and prepared for the Working Group on Legal GOU’s approval Education Reform of the Legal Reform Commission under the President of Ukraine and the Verkhovna Rada Committee on Education, Science and Innovations in updating the draft Legal Education Reform Concept Paper. On February 26, 2020, the Verkhovna Rada Committee on Education, 09/20 In progress Science and Innovations on its website published an updated version of the draft Legal Education Reform Concept Paper to be discussed and finalized at the Committee Hearing on Legal Education Reform initially scheduled for April 7 and then postponed to September 2020 due to the COVID-19 outbreak.

133

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Draft Legal Education Standards for Master’s MOE approved the Legal Degrees in Law developed and prepared for the Education Standards for Bachelor’s Degrees in Law. MOE approval. New Justice continued to support the MOE Sub- Committee on developing draft Legal Education Standards for Master’s Degrees in Law. New Justice provided expert and organizational support to the MOE Sub-committee on Legal 03/20 Achieved Education Standards in developing and finalizing the draft National Standards for Master’s Degrees in Law. Head of the MOE Sub-committee on Legal Education Standards submitted the final draft for the National Agency for Higher Education Quality approval and subsequent adoption by the MOE.

New Justice supported NAHEQA in developing such Draft Regulation of the National Agency for Regulation by providing Higher Education Qality Assurance (NAHEQA) on international expertise on 12/19 Achieved academic integrity, reviewing Ensuring Academic Integrity developed with the the draft Regualtion, and input from New Justice. providng expert recommendations for improvement.

134

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Three regional presentations and roundtable In addition to the planned legal education stakeholder discussions on the regional discussions, New Justice also supported the 11/16 Achieved draft Legal Education Reform Concept Paper in discussions of the draft Legal Kharkiv, Chernivtsi, and Dnipro conducted Education Reform Concept Paper in Odesa, Vinnitsia. Up to three public roundtable discussions on the New Justice supported the updated draft Legal Education Reform Concept MOJ and the Association of Ukrainian Lawyers’ paper conducted 05/19 Achieved Committee on Legal Education in conducting such public ER 4.1.2 Law school administrators, discussions in Lviv, Kharkiv, faculty leadership, and instructors and Kyiv. aware of and understand national International Legal Forum at the Yaroslav The Forum took place in strategy and standards for legal Mudryi National Law University 11/17 Achieved Kharkiv on October 3-6, 2017. education and accreditation. International conference on current challenges New Justice supported the in the field of legal education in Ukraine MOE, the MOJ, and the Taras Shevchenko Kyiv National conducted University with organizing and conducting the International 04/18 Achieved Conference "Legal Education Quality Assurance, University Autonomy and Academic Freedom in Preparing Legal Professionals for the 21st Century".

135

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Up to three roundtable stakeholder discussions After the MOE adopted the of the national standards for legal education Legal Education Standards for Bachelor’s Degrees in Law and conducted Master’s Degrees in Law, New Justice plans to develop 09/20 In progress methodological guidelines for their implementation and present such standards to interested law schools and other stakeholders.

ER 4.1.3 Law schools revise policies, External, independent, onsite assessment of legal Presentation of the Assessment Report with procedures, and legal education education quality at the NUOLA conducted 03/17 Achieved Recommendations will take practices in compliance with place on May 29, 2017. national standards for legal CNU and NUOLA revised their policies, Odesa Law Academy prepared education and accreditation. procedures and legal education practices in light its Action Plan for Implementation of New of the ESG, best international legal education Justice’s Expert practices, and national standards for legal Recommendations following

education and accreditation the external, independent, on- site assessment of Odesa Law Achieved 09/17 University in March 2017. CNU

set up with New Justice's support its Legal Education Quality Assurance Unit working on revising the law school policies and practices. These are first steps and further support is required.

136

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Report on Practices of Bar Associations in New Justice developed the Advancing Legal Education presented to report and publicly presented 11/2016 Achieved it together with the Ukrainian bar associations Association of Ukrainian Lawyers. Draft methodological guidelines for the New Justice developed an implementation of the adopted national Innovative (Model) Law standards for bachelor and master programs in School Curriculum based on the light of the Innovative (Model) Law School the Bologna requirements and other international standards Curriculum developed and related best practices as well as promoted it among stakeholders. New Justice also developed a Modern Teaching Toolkit for Ukrainian Legal Educators and the Action Plan for its implementation. Five leading Ukrainian law schools 09/20 In progress received expert support in implementing the Innovative (Model) Law School Curriculum. Once all the legal education standards are adopted, New Justice plans to develop Methodological Recommendations for the Implementation of the Legal Education Standards using the Innovative (Model) Law School Curriculum and the Modern Teaching Toolkit.

137

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Draft University/Law School Anticorruption New Justice supported the Policy developed development of a Model Achieved University Anticorruption 11/17 policy through joint efforts of Ukrainian and American faculty and law students. Draft Methodology for Public Accreditation New Justice developed and and/or Ranking of Ukrainian Law Schools based piloted the Methodology for External, Independent, On-Site on the objective, pre-established criteria Assessment of Legal Education developed Quality. Further, New Justice supported the recently- established National Agency for Higher Education Quality Assurance and successfully ER 4.1.4 A minimal standard and advocated for using the Methodology for the purposes gold standard accreditation is of developing Standards for adopted to increase competition 10/20 In progress Accreditation of Education among the law schools. Programs, including educational programs in Law.

New Justice is advocating for professional associations of lawyers that set up their Legal Education Committees with New Justice’s support to enhance their cooperation with law schools and commit to conducting public accreditations and/or rankings of law schools.

138

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Law School Advisory Boards established in two New Justice developed a leading law schools report on international best practices of establishing Law School Advisory Boards and shared the report with interested law schools and bar associations. The Yuriy Fedkovych Chernivtsi National University School of Law, the Taras Shevchenko Kyiv National University School of Law, and the Association of 09/20 In progress Ukrainian Lawyers showed their interest in implementing this instrument together. The same goes for the Association of Advocates of Ukraine and the Zaporizhia Classic Private University School of Law. New Justice will continue to work with legal education stakeholders on building links between the academia and the legal profession. Expert recommendations for establishing and developing law school alumni relations New Justice is collecting best developed and presented to the administrators 09/20 In progress practices of alumni relations of leading Ukrainian law schools. management.

Sub-Objective 4.2: Quality Assurance Frameworks for Law Schools Developed

139

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Study tour to the U.S.A. for up to 15 policy- makers, representatives of leading Ukrainian law schools, and Ukrainian bar associations aimed at learning policies and procedures for 09/17 Achieved comprehensive legal education quality assurance conducted

External, independent, on-site assessment of New Justice presented the ER 4.2.1 Policies and procedures for Assessment Report to the law legal education quality at the Yaroslav Mudryi quality assurance frameworks school administrators, faculty, Law University conducted and the Assessment based on international standards 02/18 Achieved students, and other Report publicly presented. stakeholders, including the and comparative best practices MOE and the MOJ, on February adopted by leading law schools. 6, 2018. New Justice supported the MOE, the MOJ, and the Taras Shevchenko Kyiv National University with organizing and International conference on legal education conducting the International 04/18 Achieved Conference "Legal Education quality assurance and assessment conducted Quality Assurance, University Autonomy and Academic Freedom in Preparing Legal Professionals for the 21st Century".

140

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY New Justice engaged International Legal Education Expert David Kereselidze to develop a Law Program Self- Assessment Questionnaire and plans its piloting at leading Ukrainian law schools, including the Vasyl Stus Law Facilitated self-assessment of legal education School. The Vasyl Stus Law 04/19 Achieved School filled in the quality at the Vasyl Stus Law School conducted questionnaire and New Justice supported its preparations for and implementation of the facilitated assessment of its curriculum in light of the Standards and Guidelines for Education Quality Assurance in the European Higher Education Area. New Justice supported Yaroslav Mudryi Law University Vice Rector on Education Yuriy Barabash and Up to two administrators of leading Ukrainian Ukrainian Catholic University Achieved School of Law Director Ivan law schools benefited from the ELFA Annual 04/19 Horodyskyi with their Conference in 2019 participation in the 2019 ELFA Annual Conference “Integration and Diversity in Legal Education” on Apr 11- 12, 2019 in Torino, Italy.

141

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY New Justice supported the UCU School of Law in Brand-new bachelor of law program based on developing its brand-new bachelor’s degree program the Innovative (Model) Law School Curriculum based on the Innovative launched at the Ukrainian Catholic University (Model) Law School 09/20 In progress School of Law. Curriculum. The MOE accredited the program and the UCU School of Law will start the program implementation in September 2020. Up to two workshops on nature, scope, and application of the Standards and Guidelines for Quality Assurance in the European Higher Education Area (ESG) and the ESG-based Methodology for External, Independent, On-site 09/18 Achieved Assessment of Legal Education Quality ER 4.2.2 Law school administrators, conducted for law school administrators, faculty faculty leadership, instructors, and leadership, instructors, and student government student government members representing at least 10 Ukraine’s representatives trained on nature, leading law schools scope, and operation of QAF. Over 70 law school administrators, faculty and At least 15 law school administrators and faculty student leaders trained on leaders trained on best international practices of 06/20 Achieved conducting examinations law student examination. online as a response to the

Covid-19 challenges.

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Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY New Justice addressed NAHEQA leadership asking about priorities for Members of the NAHEQA Legal Education Expert cooperation as to legal Council trained on the application of standards education quality and guidelines for legal education quality 10/20 In progress assurance to make sure assurance. New Justice’s technical

assistance meets NAHEQA’s needs and priorities. Two Quality Assurance Units established and functioning at Quality Assurance Units in leading law schools Odesa Law Academy and the 09/17 Achieved established and functioning Yuri Fedkovych Law School (Chernivtsi) with New ER 4.2.3 Quality Assurance Units in Justice's support. leading law schools established and functioning. New Justice supported the MOJ and leading law schools Draft concept paper on a model Legal Education with developing the draft and Achieved Quality Assurance Unit and its business 09/18 presenting it at the processes developed international conference in Kyiv on April 24-25, 2018.

143

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY New Justice publicly presented the draft Bylaws at the international conference in Draft Bylaws on a Legal Education Quality Kyiv on April 24-25, 2018, promoted the draft among the Assurance Unit finalized and promoted among 12/19 Achieved leading Ukrainian law schools administrators of leading law schools and then shared the document with the National Agency for Higher Education Quality Assurance. New Justice engaged Professor Rice of the Whashington and Lee University School aof Law Up to two roundtable discussions to promote the conducted two roundtable value of academic integrity in the university discussions to promote 12/19 Achieved setting conducted. academic integrity, one of which in cooperation with American Councils’ Strengthening Academic Integrity in Ukraine Project. Sub-Objective 4.3: Practice Oriented and Skills Based Instruction, Curriculum, and Activities Integrated

144

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY

New Justice devoted one section of the May 30-31 Up to two basic TOT on modern methods of workshop on the Methodology interactive teaching and learning the law for law for External, Independent, On- school faculty and student self-governance site Assessment of Legal Education Quality for 18 members representing at least 10 Ukraine’s Achieved administrators and faculty to 07/17 leading law schools conducted interactive teaching methods

and skills-based education. ER 4.3.1 Modern instructional Further, New Justice conducted in July 2017 a methods adopted and implemented workshop on developing to ensure effective practice experiential criminal law and oriented, skills based learning and procedure courses. formally adopted into school curriculum. Ukrainian component syllabus of the international anti- corruption course developed. Capacity of up to four Ukraine’s leading law International academic anti- corruption workshop schools to deliver high-quality anti-corruption conducted in Kyiv on April 13- 06/17 Achieved education enhanced and the international online 14, 2017. The international anticorruption course in up to four of Ukraine’s and local components of the leading law schools implemented in cooperation anticorruption course taught. with the W&L Concepts an action plans for anti-corruption community service projects developed.

145

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Assistance in conducting up to 12 events aimed New Justice jointly with the at raising public awareness about global trends Ukrainian Catholic University in the understanding of the rule of law provided Rule of Law Center conducted seven public lectures on crosscutting rule of law issues related to legal reforms in a democratic society, engaging over 290 law students, 09/17 Achieved academics, legal practitioners, and public officials who attended the events in dialogues with international experts, while live broadcast attracted over 4,300 unique online viewers.

Chernivtsi Department of the Student The Student Anticorruption Anticorruption Action Center’s capacity to fight Action Center representatives corruption in the academia strengthened benefited from the international anticorruption 06/17 Achieved online course and the April 13-14, 2017 international academic anticorruption workshop in Kyiv. Concept and draft curriculum for the certificate Concept for the certificate program in rule of law developed program in rule of law and 05/2018 Achieved draft curriculum developed.

146

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Certificate Program in Rule of Law delivered The respective Ukrainian and U.S. universities implemented 04/2019 Achieved. the program which was completed on April 17, 2019. Local faculty members of the Certificate Program The seminar took place on July in Rule of Law trained to implement the 07/2019 Achieved. 8 to 12. certificate program further. Up to three workshops on modern methods of New Justice conducted a first interactive teaching and learning the law and workshop on October 3-4, 2017 and a second workshop lawyers’ professional ethics for law school 09/18 Achieved faculty conducted on April 26-27, 2018, and a third workshop on September 6-7, 2018. At least 10 public rule of law lectures conducted New Justice in cooperation with the Ukrainian Catholic in the 2017-2018 academic year 08/18 Achieved University conducted 12 public lectures At least 10 public rule of law lectures conducted New Justice in cooperation in the 2018-2019 academic year with the UCU Rule of Law Center conducted two public rule of law lectures in October 06/19 Achieved and December 2018, four public lectures in January – March 2019, and nine public lectures in April – June 2019. International academic anti-corruption New Justice conducted the workshop on developing a University/Law International Academic Anticorruption Workshop on School Anticorruption Policy conducted Achieved 11/2017 November 21-22, 2017 in

cooperation with one American and four Ukrainian law schools.

147

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY International academic anti-corruption New Justice in cooperation workshop on strengthening integrity of law with the Washington and Lee school communities conducted University School of Law and the United Nations Office on Drugs and Crime conducted on Nov 14-16 two international workshops on analyzing 11/2018 Achieved integrity infrastructures of six leading Ukrainian law schools, conducting mock Honor Committee hearings, and using UNODC-developed Online Modules on Ethics and Integrity. Draft Rules of Procedure for the implementation New Justice continues to work of the CNU Law School Honor Code developed with the CNU Law School on developing the Rules of Procedure for its Honor Committee to enforce the CNU Honor Code. New Justice produced a Report on an Investigational Procedure for 12/18 Achieved Honor Violations and conducted a workshop with the CNU administrators, faculty, and students on the development of the draft Rules of Procedure and facilitated the subsequent finalization of the draft.

148

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Up to two workshops on modern methods of New Justice engaged interactive teaching and learning conducted for International Legal Education law school administrators, faculty, and students Expert Sophie Sparrow, who conducted on Feb 25-27 for law school administrators and faculty a workshop on the implementation of the Modern Teaching Toolkit earlier developed by New Justice International Legal Education 04/19 Achieved Expert Gerald Hess. New Justice also engaged International Legal Education Expert Delaine Swenson to conduct a workshop on May 22-24, 2019 on interactive methods of teaching to support the implementation of the Innovative (Model) Law School Curriculum.

Up to three workshops/winter/summer schools New Justice supported the on modern methods of interactive teaching and Kyiv Regional Center of the learning for law school faculty conducted National Academy of Legal 01/20 Achieved Sciences in conducting the Winter School for over 50 representatives of more than ten leading law schools.

149

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY International online anticorruption course New Justice supported the implemented by up to seven Ukrainian law implementation of the schools in cooperation with the W&L School of international online Law during the 2019 Fall Semester. anticorruption course in 12/19 Achieved cooperation with the

Washington and Lee University School of Law and four leading Ukrainian law schools.

Workshop for law faculty on teaching New Justice preliminary anticorruption conducted agreed with the United Nations Office on Drugs and 10/20 In progress Crime to cooperate on the implementation of the training program for Ukrainian faculty on ethics and integrity.

Up to five public rule of law lectures conducted

This activity has been postponed due to the Covid-19 10/20 Postponed restrictions related to conducting public events.

New Justice developed a ER 4.3.2 Institutional curriculum Draft concept paper on the nature, mandate, and report on the law school boards of external advisors effectively prepares law student for operations of Law School Boards of External Advisors aimed to ensure the law school with all their key features career in the Judiciary and other 09/18 Achieved covered and explained and curriculum effectively prepares law students for legal professions. will continue to advocate for career in the judiciary and other legal law schools to use boards of

professions developed external advisors to improve their curricula.

150

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY

New Justice engaged Draft Modern Teaching Toolkit for Ukrainian International Legal Education 11/18 Achieved Expert Gerald Hess to develop legal educators developed the Modern Teaching Toolkit for Ukrainian legal educators.

New Justice worked with the inter-law-school task force to finalize the draft with support Draft model syllabus on lawyers’ professional from New Justice International 09/18 Achieved responsibility developed Legal Education Experts James Moliterno and Leah Wortham and publicly present the draft in Kyiv on September 6, 2018. In September 2018, New Justice presented the Professional Responsibility Professional Responsibility Course implemented Course Syllabus. The Yuri Fedkovych Chernivtsi Law by at least three leading law schools 06/19 Achieved School, Ostroh Law School, Odesa Law Academy, and the Vasyl Stus Donetsk National University School of Law are implementing the course.

151

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY In September 2018, New Justice supported the Yaroslav Mudryi Nataional Law University with conducting a Online Justice and Innovations course piloted at public presentation of the 06/19 Achieved the Yaroslav Mudriy National Law University Justice, Innovations, Technology and Law Course. 15 students completed the course in during the 2018- 2019 academic year. New Justice engaged Professor David Kereselidze, Sophie Sparrow, Delaine Swenson, Up to three trainings on the implementation of and Speedy Rice to train the 06/19 Achieved the Model Law School Curriculum conducted leadership of interested Ukrainian law schools on the implementation of the Model Law School Curriculum. Model Regulation on a Legal Clinic of a Higher Educational Institution approved by the 09/20 Pending ER 4.3.3 Law school legal clinics respective ministries and presented to (including specialized clinics) stakeholders. developed and integrated into Model syllabus for the Legal Clinical Education 09/20 In progress formal curriculum. course developed. Three monitoring missions to legal clinics Two monitoring missions 09/20 Partly achieved. conducted. conducted.

ER 4.3.4 Judicial clerkship program Current practices and challenges related to organizing externships for students to 09/2020 Pending created in coordination with stakeholders assessed. judicial self-governance bodies and Roundtable discussion on externships and courts. 09/2020 Pending clerkship conducted.

152

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY On August 3, 2017, the UCEE successfully administered MEISEE for 16,081 candidates at 75 venues all over Ukraine. The exam consisted of three sub-tests: critical, analytical, and logical thinking test akin Mandatory, external, independent, standardized to the Law School Admission entrance exam (MEISEE) for master’s degree Test (LSAT) in the United programs in law implemented nationwide in 08/17 Achieved States, legal knowledge test, 2018 ER 4.3.5 Independent, external and a foreign language examinations for law school (English, German or French) admissions and graduation test. The UCEQE automatically implemented. processed the answer sheets and announced the exam results on August 15, 2017. As a result, 12,856 (nearly 80%) of candidates passed the exam.

Mandatory, external, independent, standardized On July 13, 2018 over 15,800 entrance exam (MEISEE) for master’s degree applicants for master’s degree 07/18 Achieved programs in Law and International Law programs in law and implemented nationwide in 2018 international law sat MEISEE.

153

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY In December 2018, the MOE- developed and MOJ-approved Rules of Admission to HEIs in 2019 entered into force. The Rules set the minimum number of score points for Minimum number of score points per each three certificates of the certificate of the external, independent, external, independent, standardized testing of high school graduates 12/18 Achieved standardized testing of high needed to compete for admissions to law schools school graduates (arithmetic in Ukraine increased. mean) needed to compete for admissions to law schools in Ukraine at 130 out of 200 points and, thus, increasing admission standards and improve the quality of student body.

154

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY In December 2018, the MOE- developed and MOJ-approved Rules of Admission to HEIs in 2019 entered into force, providing the legal basis for conducting MIESEE in 2019. Mandatory, independent, external entrance exam The MOE established its for master’s degree programs in Law and Working Group on MEISEE 07/19 Achieved International Law implemented nationwide in 2019 and approved the exam 2019 programs for eight legal disciplines. In July 2019 the Ukrainian Center for Education Quality Evaluation successfully administered MEISEE for over 14,250 exam- takers nation-wide.

Mandatory, independent, external entrance exam Per the MOE request, New Justice provided the MOE with (MEISEE) for master’s degree programs in Law 07/20 In progress expertise as to developing and International Law implemented nationwide cognitive abilities testing as in 2020 part of MEISEE 2020.

155

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY New Justice continues to advocate for the MOE to ensure the Ukrainian Center for Education Evaluation’s self-reliance as to developing and administering quality legal test items going forward. On July 17, 2019 the Cabinet of Ministers of Ukraine adopted a Framework Regulation on the Draft roadmap to support the MOE and the MOJ's Unified State Qualifications implementation of a Unified State Qualifications Exam (USQE). New Justice 09/20 In progress successfully advocated for the Examinations of Bachelor and Master of Law establishment of a joint, MOE- Candidates developed MOJ Task Force on USQE and will provided expert support in developing the concept, program, and the roadmap for the USQE implementation. New Justice will continue to support the MOE Task Force on USQE in developing the concept, program, and the roadmap for the USQE implementation. ER 4.3.6 Memorandum of Memorandums of Understanding with key legal New Justice concluded the Understanding concluded with key education reform stakeholders to ensure smooth implementation of the USAID Nove Pravosyddya Protocols of Cooperation legal education partners to sustain 09/17 Achieved (PoC) with the key Program and sustainability of USAID USAID investments after the end of governmental partners, investments after the end of the Program namely the MOE and the MOJ. the Program. executed

156

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY New Justice concluded the Protocols of Cooperation Memorandums of understanding with five key (PoC) with the MOE, the MOJ, the Yaroslav Mudryi Law legal education reform stakeholders, including University, Yuri Fedkovych 09/18 Achieved leading law schools and bar associations, Chernivtsi University Law concluded School, Odesa Law Academy, the Kyiv-Mohyla University, and the Taras Shevchenko Kyiv National University. New Justice concluded the PoC with the National Agency for Higher Education Quality Assurance. New Justice also achieved a Memorandums of understanding with three key preliminary agreement with legal education reform stakeholders, including the leadership of the Vasyl 09/20 In progress leading law schools and bar associations, Stus National University conducted School of Law and the Association of Ukrainian Lawyers on sighing the Protocol of Cooperation on strengthening legal education quality. Objective 5: Access to Justice Expanded and Human Rights Protected

Sub-Objective 5.1: Justice Accessible to Citizens, including the Most Vulnerable

ER 5.1.1 Physical, geographic, 2018-2019 CRC surveys in all Ukrainian courts 11 partner CSOs completed conducted and assessed existing barriers in 09/19 Achieved CRC surveys in 613 courts cultural, financial, informational, access to courts. located in 23 oblasts and

157

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY legal and procedural barriers to the Recommendations to remove or lower barriers city of Kyiv. CRC surveys in access to courts developed and communicated assessed existing barriers courts removed or lowered for all 12/19 Achieved citizens, including vulnerable to GOU. in access to courts. citizens access to court information. groups. Up to eight grant projects awarded under the Concepts collected and APS contributing to removing physical, reviewed by New Justice geographic, cultural, financial, informational, team. Grant awards cancelled due to legal and procedural barriers to courts. 09/19 Cancelled reprogramming funds for supporting Public Integrity Council (PIC) and developing Community Justice Centers (CJCs) 2018-2019 CRC surveys in all Ukrainian courts 11 partner CSOs completed conducted and assessed citizens’ access to court CRC surveys in 613 courts located in 23 oblasts and information. 09/19 Achieved city of Kyiv. CRC surveys

ER 5.1.2 Citizens’ access to court assessed citizens access to information increased. court information. Recommendations to increase citizens’ access to CRC implementers court information developed and communicated developed to GOU. recommendations on 11/19 Achieved increasing access to court

information and communicated them to courts.

158

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Up to three grant projects awarded under the One project in 10 courts of City of Kyiv implemented APS contributing to increasing access to court Achieved 12/19 by the Center for information. partially Democracy and Rule of Law

(CEDEM) Expert recommendations to improve e-court Court performance services accessibility developed and evaluation expert communicated to HCJ, SJA and courts developed set of recommendations to improve e-courts. New Justice submitted these recommendations to HCJ, ER 5.1.3 E-justice systems COJ and SJA, although accessible to citizens to ease case needs to revise them taking Achieved filing, tracking, document 06/20 into consideration current partially submission; payment and other SJA implementation of e- court procedures and transactions. justice systems, court consolidation process and results of CRC surveys. Currently New Justice is working on incorporating recommendations developed as the result of CRC surveys.

159

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Since 2019 all courts in Ukraine implement e- User satisfaction surveys in 17 pilot courts justice in pilot testing mode. CRC surveys implementing e-justice conducted 09/19 Achieved conducted in 613 courts included specific questions regarding e-justice elements.

ER 5.1.4 Citizens access to court- Activities under this ER are annexed mediation/ADR processes TBD N/A N/A conducted under ER 3.3.4. and developed under 3.3 increased. 3.3.5. Task 5.1.5.1. Under APS support NGOs in their activities aimed at increase awareness of the ER 5.1.5 Awareness of the rights of 02/19 rights of people with disabilities among judges Achieved Persons with Disabilities, SGBV and improving access to justice for people with survivors, IDPs, veterans and other disabilities. vulnerable groups is increased language court interpreters increased among judges, judicial personnel 202 sign their knowledge of legal and judicial terminology 12/19 Achieved and advocates. related to court hearings and procedures.

160

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Standards and criteria for participation of sign New Justice grantee in language interpreters in court hearings cooperation with All Ukrainian developed and presented to judicial institution to Organization of Ukrainian amend the law with purpose of clear legal Association of People with Hearing Impairments regulation of sign language interpreters developed and sent participating in court hearings. recommendations on amendments to regulations on Partially 02/20 a legal status of court sign Achieved language interpreters to

Verkhovna Rada Legal Policy Committee. Also, Grantee requested the SJA to send clear instruction to territorial departments on a procedure of compensation for court sign language interpreter’s services. Monitoring of access to courts and court services for PWD in 6 towns of Donetsk region conducted 09/18 Achieved and report with results presented to courts,

judicial institutions and civil society organizations. Grant issued on awareness of the rights of SGBV New Justice will select survivors, IDPS, veterans and other vulnerable 09/2020 Pending appropriate grantee when the

groups among judges, judicial personnel and new APS is issued. advocates. Grant issued to support elimination of LGBTI 03/18 communities discrimination and to ensure better Achieved CSO selected and grant issued

protection of their rights through the courts

161

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Roundtable with the involvement of the COJ, FLA Panel discussion on the representatives, Police, Prosecutor’s Office, and importance of unified Ministry of Social Policy to discuss a unified approach in practical approach in practical implementation of the Law implementation of the Law on 06/19 Achieved Prevention and Counteraction on Prevention and Counteraction on domestic on domestic violence violence conducted conducted during Second All- Ukrainian Forum of Women- Lawyers in June 1-2, 2019. Grant issued to support NSJ in developing New Justice grantee La Strada training course for judges on implementation of Ukraine jointly with NSJ the COE Istanbul Convention developed and piloted the 10/2018 training course for judges on Achieved adjudicating domestic violence ER 5.1.6 SGBV survivors, children cases that contain most of the provisions of the COE Istanbul and other vulnerable victims or Convention. witnesses afforded greater Research on access to justice for SGBV victims New Justice conducted an protections. affected by conflicts: international experience 09/2017 Achieved event on July 18, 2017. New and recommendations for Ukraine conducted Justice expert had a presentation on access to Event to discuss needs and problems of SGBV justice for SGBV victims survivors, children and other vulnerable victims 09/2017 Achieved affected by conflicts: or witnesses afforded greater access to justice international experience and conducted recommendations for Ukraine Roundtable on the importance of ratification the Maybe cancelled as the legislative initiatives on Istanbul Convention conducted 09/2020 Pending ratification of the Convention are in an active stage now. Expert support to CJC on public awareness New Justice will select campaign on access to justice and social services 09/2020 Pending appropriate expert in the next for GBV and SGBV survivors provided. reporting periods.

162

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY First in Ukraine up to seven Community Justice Six CJCs established and Center in Ukraine established and strengthened. 06/20 Achieved functioning.

ER 5.1.7 Citizens, including GOU included Community Justice Center New Justice key GOU vulnerable groups, actively approach in its strategy for reforming free legal partner on CJC is MOJ participate in access to justice aid system. Coordination Center for Legal Aid Provision (CLAP); reforms. 09/20 In progress CLAP is currently drafting the strategy mentioned in this milestone. Estimated completion date changed. Sub-Objective 5.2: Human Rights Protected, especially the rights of the most vulnerable

Training curricula for judges on application of the IHL and protection of the rights of the most Training program piloted in 09/19 Achieved vulnerable in armed conflict context developed Kharkiv and Dnipro. ER 5.2.1 Awareness of human rights and humanitarian law, how to exercise those rights, and the role of the courts in protecting human Expert working group to develop the training Expert working group to program for judges on humanitarian law and 03/18 Achieved rights increased among judges, develop training program human rights protection in conflict context judicial personnel and advocates established. established Round table on IHL and ICL application in armed Achieved conflict related cases with justices of the 04/19 Round table conducted

Supreme court conducted

163

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY ToT on on application of the IHL and protection The ToT conducted of the rights of the most vulnerable in armed 12/19 Achieved November 26-27, 2019 conflict context conducted Training curricular developed. Training of trainers program on juvenile justice New Justice will conduct ToT 10/20 In progress conducted as soon as quarantine restrictions allow.

Training programs on juvenile justice for New Justice will conduct 10/20 In progress regional trainigns as soon as advocates conducted quarantine restrictions allow. Training curricular for judges on communicating with people with intellectual and phycological Achieved Training curricular developed 09/19 disorders developed. and handovered to NSJ

Model law school curriculum on innovations in Achieved 10/19 Curriculum developed law developed.

National practice on execution of the ECHR Achieved 09/18 judgements improved ER 5.2.2 Increased number of Informational materials to support the campaigns human rights and humanitarian law implementation produced and National “I HAVE A RIGHT!” public awareness 09/18 Achieved cases resolved disseminated. New Justice will

campaign conducted continue to support the campaign in the next reporting period.

164

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY MOJ's Open Office, Donetsk and Luhansk regional Achieved Donetsk and Lugansk regional 03/18 departments are supported. departments supported Open Office supported.

Professional development training program for Directorate on human rights under the MOJ 02/2019 Achieved Training program completed. conducted.

Annual I HAVE A RIGHT! Festival conducted 06/19 Achieved Festival conducted

“Law and Awareness” Forum conducted 05/19 Achieved Forum conducted

Concept on consolidated position of legal norms New Justice involved experts to support the MOJ with this application in cases related to the armed conflict 09/20 In progress task. New Justice conducted 2 on the territory of Ukraine developed. coordination meetings.

Referral networks among judges, judicial New Justice assessed ER 5.2.3 Referral networks among personnel, advocates, social workers, health possibilities to create a workers, and police and community leaders are 09/18 Achieved paralegal profession in judges, judicial personnel, in place Ukraine and concluded that it advocates, social workers, health does not fit for Ukrainian legal workers, police, and community professions. New Justice in Recommendations for paralegal's role cooperation with the IRF leaders strengthened development in Ukrainian communities 09/18 Achieved conducted trainings for developed community advisors.

165

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Referral networks among judges, judicial Methodology developed, personnel, advocates, social workers, health piloted and presented to MOJ. 09/18 Achieved workers, and police and community leaders are Key stakeholders signed MoU in place to continue cooperation. Recommendations provided Recommendations on juvenile justice 03/18 and presented to MOJ and Achieved development in Ukraine developed Interdisciplinary Council on JJ Grant issued to Ukrainian Legal Aid Foundation to Community advisors institute developed in support the activity. Two 12/20 Achieved Ukraine training sessions conducted. Community advisors’ initiatives supported.

New Justice is waiting Independent non-governmental legal aid 09/20 Pending concept proposal from the providers institute developed. MOJ

National standards on teaching child rights New Justice provided protection for all professionals working with recommendations to the 12/20 In progress draft and coordinates its children including judges and lawyers efforts with the MOJ and developed. UNICEF. Up to three CSOs selected and supported in Achieved ER 5.2.4 Human rights coalitions monitoring and advocating for human rights 09/18 CSOs selected and supported. monitor and successfully advocate protection by the courts the GOU, Judiciary, and Legal Aid Human rights coalition supported in advocating New Justice experts supported Centers for increased protection of CSOs advocating for the draft for the draft law on amending Criminal Code in 09/18 Achieved human rights by the courts. law adoption. Draft law is accordance with the IHL under review of GOU

166

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Up to ten CSOs supported in monitoring and Achieved CSOs selected and advocating for human rights protection by the 09/18 implemented grant programs courts.

Human rights coalition supported in Achieved Draft law registered at the 01/19 advocating for the draft law on amending Parliament Criminal Code in accordance with the IHL

Up to two CSOs supported in monitoring CSOs supported in piloting and Achieved and advocating for human rights 01/2019 presenting piloting results of

protection by the courts. LHRI methodology

Manual for lawyers providing legal aid on communicating with people with mental and Training curricular developed 02/20 Achieved and handovered to MOJ, ToT intellectual disorders developed. conducted.

Success stories and recommendations for better Society and Law NGO provided ER 5.2.5 Judiciary coordinates Achieved protection of the rights of elderly people through 04/19 success stories and regularly with the Human Rights courts are identified recommendations Ombudsman and other key human rights institutions to improve the Partnership among judiciary and key human protection of human rights and rights institutions strengthened 09/20 In progress

167

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY humanitarian law through the CSO (UHHRU) supported in conducting courts. Precedent-UA 2017 in cooperation with Human 09/18 Achieved CSO selected and implemented Rights Ombudsman, judges and other human grant program rights institutions Recommendations for promoting amicus curiae institute in Ukraine developed and presented to Canceled 09/18 the judiciary.

CSO supported in developing innovations for justice program to facilitate dialogue between innovators and 09/20 Achieved Social Boost NGO supported judiciary.

Justice Innovations Center established 09/19 Canceled

Justice Innovation Center opened. 10/19 Canceled

Common strategy, action plan and “success Innovations for justice are criteria” for advancing innovations to ensure promoted among judiciary, 09/20 Pending human rights protection and access to justice entrepreneurs, academia and developed and approved. business though joint events.

168

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Chief Innovation Officers and Legal Innovation Officers trained. 02/20 Canceled

Ukrainian experience in advancing innovations in justice presented to global audience at Justice 02/20 Canceled Forum in Hague Netherlands.

Legal Innovation Summer School for teachers of 07/20 Canceled law conducted.

Educational course "Hacking for Access to 03/20 Canceled Justice" conducted.

169

G. Success Story SNAPSHOT Supporting Communities in Addressing COVID-19 Related Legal Challenges Community Justice Centers help effectively address Six USAID-established and supported Community Justice Centers the legal needs of communities during the COVID-19 (CJCs) currently operate in Ukraine, providing about a dozen pandemic and quarantine providing a sustainable types of legal services to citizens and serving as a dialogue platform mechanism for collaboration between justice sector between citizens, governmental, and non-governmental institutions and the communities that they serve. stakeholders to identify, resolve, and prevent community legal issues.

As a result of the COVID-19 pandemic situation and imposed quarantine measures, the number of legal issues communities face has increased related to employment, business operations, housing, and health care. The quarantine limitations also increased threats to human rights and created additional barriers in access to justice and legal aid. In these circumstances, CJCs became a consolidative platform for civil society, local government, and the private sector efforts to effectively address the rapidly growing legal needs of communities.

With USAID’s New Justice Program support, the CJCs in Chuhuyiv of Kharkiv Oblast, Chernihiv, Ichnya of Chernihiv Oblast, Bila Tserkva of Kyiv Oblast, Tatarbunary of Odesa Oblast, and the City of Odesa not only seamlessly shifted to providing PHOTO: CJC in the City of Chernihiv online legal consultations in the communities that they serve, but also expanded the range of services provided to include Representatives of the CJC in the City of Chernihiv in May 2020. psychological and stress resistance related support through various online platforms, social networks, and phone hotlines. Since April 2020, six CJCs provided online legal The CJCs substantially increased their cooperation with courts, support to more than 5,000 citizens, each CJC including distance consultations to litigants about court serves 150-200 citizens per month using various procedures and operations, and raised public awareness about remote methods – phone, messengers such as courts and work of judges, including available alternative dispute Skype, Viber and WhatsUp, Facebook groups, etc. resolution services. They also helped communities tackle legal concerns regarding quarantine restrictions, including CJCs in Kyiv, Chernihiv, and Kharkiv Oblast, who led efforts on identifying and preventing community conflict between entrepreneurs and local administrations concerning limitations on operations that entrepreneurs believed discriminated against them.

The USAID New Justice Program will continue to provide expert support to the CJCs to build their organizational capacity, as well as their ability to use online tools for service provision, experience exchange, webinars and video-conferencing, mediation, and facilitation of community dialogue through social networks.

170