Nove Pravosuddya Justice Sector Reform Program (New Justice)

NOVE PRAVOSUDDYA JUSTICE SECTOR REFORM PROGRAM (NEW JUSTICE)

Quarterly Performance Report October – December 2019

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 4 III. EXECUTIVE SUMMARY 5 IV. KEY NARRATIVE ACHIEVEMENT 13 OBJECTIVE 1: JUDICIAL INDEPENDENCE AND SELF GOVERNANCE STRENGTHENED 13 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 23 OBJECTIVE 5: ACCESS TO JUSTICE EXPANDED AND HUMAN RIGHTS PROTECTED 28 V. PROGRESS AGAINST TARGETS 33 VI. PERFORMANCE MONITORING, EVALUATION AND LEARNING 35 VII. LESSONS LEARNED 37 VIII. ENVIRONMENTAL MONITORING 38 IX. PROGRESS ON LINKS TO OTHER ACTIVITIES 39 X. PROGRESS ON LINKS TO HOST GOVERNMENT 40 XI. PROGRESS ON INCLUSIVE DEVELOPMENT 41 XII. FINANCIAL INFORMATION 42 XIII. GRANTS AND SUBCONTRACTS 43 XIV. ACTIVITY ADMINISTRATION 44 XV. ATTACHMENTS 46 A. List of Deliverables 46 B. Public Outreach Documents 48 C. Performance Data Table 49 D. Grants and Subcontracts Table 77 E. Future Activities Table 87 F. Milestones Progress Report 89 G. Counterparts and Beneficiaries Actively Involved in the Project 173 G. Success Story 209

I. ACRONYMS AND ABBREVIATIONS ADR Alternative Dispute Resolution 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 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 During the reporting period, the Verkhovna Rada considered number of important consitutional and legislative initiatives. The Parliamentary leadership stated that the MPs will stop the “turbo regime” in adopting the laws, which was highly criticized by the experts, civil society and opposition MPs.

Legal education reform gained momentum as the Verkhovna Rada ; on December 18, 2019, adopted the draft law #2299 amending the Law on Higher Education by 321 votes. The amendments strengthened requirements for education quality assurance as advocated for by New Justice. In particular, the amendments introduced the notion of a regulated profession that encompasses the legal profession. Further, the amendments stipulate the review of Ukraine’s system of fields of knowledge and specialties in light of the International Standard Classification of Education, enabling the merger of two specialties – Law and International Law – into one. The amendments also provide a statutory-level legal basis for (a) the mandatory, external, independent, standardized entrance exam for master’s degree programs in law, (b) unified state qualifications exam after a bachelor program in Law, and (c) legal education-specific requirements for law school licensing, as well as external, independent, on-site pre-licensing assessment of law schools. Importantly, the amendments eliminated public funding for universities’ dependence on their number of students. Further, the amendments stipulated the implementation of mandatory key performance indicators for university presidents and mandate the development and implementation of university academic integrity policies, including honor codes, and provide for a possibility of revoking conferred degrees in case of breach of academic integrity.

III. EXECUTIVE SUMMARY Key Narrative Achievements New Justice ensured quality implementation of program activities in the midst of ongoing political instability, backsliding, and a general lack of political will to proceed with comprehensive judicial reform. New Justice continued making a significant impact, including advancing implementation of the GOU’s Justice Sector Reform Strategy for 2015-2020. This included collaborating with a variety of governmental and civil society partners, as well as international and local technical experts, in addressing the most critical judicial and anti- corruption reform efforts, such as establishing the HACC, supporting the operations of the Supreme Court (SCt), developing IT solutions for Ukrainian courts, enhancing the enforcement of court judgments, improving the quality of legal education, and strengthening cooperation between governmental and judicial institutions with civil society, particularly focused on promoting integrity and transparency in judicial selection and discipline procedures, and increasing public trust and confidence in the judiciary. The following key achievements were made during the reporting period:

• In collaboration with project subcontractor the Rule of Law Collaborative at the University of South Carolina (USC-ROLC), New Justice supported Yaroslav Mudryi National Law University in launching the second round of the international Certificate Program in Rule of Law for judges, prosecutors, attorneys and other practicing lawyers (ROL Program). • On October 18, 2019, the High Anti-Corruption Court and New Justice signed a protocol of cooperation. • New Justice continued implementing the second round of a case weighting study for all courts levels and jurisdictions of Ukraine. The judiciary will use the resulting case weights to balance judicial workload and determine the number of judges needed to handle the courts’ current workload. • New Justice conducted and presented an audit of the e-filing module, developed by the State Enterprise Information Court Systems, to a broad judicial audience. The audit resulted in the preparation of over 15 recommendations on improving the modules’ usability. • New Justice provided support to the Council of Judges (COJ) Judicial Ethics Committee in analyzing judicial ethics related gaps and issues in order to amend the Code of Judicial Ethics. • Under New Justice grant support, two CSOs published and delivered to the SCt the reports with monitoring results of SCt case law and recommendations on increasing the quality and accessibility of the Cassation Courts and Grand Chamber decisions with regard to application of the ECHR principles and ECtHR legal opinions, as well as the SCt’s role in ensuring unification and predictability of the national courts’ practice. • In order to improve the 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 upon investigation results. • New Justice supported the VR Committee on Legal Policy Issues in developing amendments to the Law on the Judiciary and Status of Judges, the Law on the High Council of Justice, other laws and regulations that govern the grounds of and procedures for disciplining judges. • New Justice continued assisting the 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 conduct the curriculum TOT.

• New Justice supported the NSJ and the SJA in conducting the Chief Judge and Court Administrator Executive Education Program. • New Justice provided members of the Parliament Legal Policy Committee and the MOJ Working Group for Drafting Law on Mediation Development with a Comprehensive Analysis of Current Context, Barriers and Opportunities for Developing Mediation in Ukraine and Recommendation on How to Promote Mediation in Ukraine prepared by Alternative Dispute Resolution (ADR) experts. • New Justice supported the Public Integrity Council (PIC) in increasing self-reliance, building institutional capacity, and raising public awareness about its activities by: (1) evaluating PIC integrity and professional ethics criteria and providing a report with recommendations to improve the criteria, (2) evaluating PIC’s communications strategy and providing a report with recommendations for improvement, and (3) conducting communications skills training for PIC members. • New Justice supported the PIC in increasing self-reliance through funding a proposal from CSO DEJURE that included remuneration to all interested PIC members, analysts, and staff of the PIC Secretariat. • New Justice enhanced its efforts to improve procedures for judicial selection and qualifications evaluation by beginning development of a Handbook for HQC members. • New Justice supported the Association of Private Enforcement Officers of Ukraine (APEOU) in conducting the Consecutive Congress of PEOs of Ukraine, updating Rules of Procedures of Assembling Congress of PEOs of Ukraine, stipulating APEOU’s right to create a Training Center as a structural part of the Association, and selecting new members of the Audit Commission, Disciplinary Commission, and Qualification Commission. • New Justice supported Ukrainian courts to implement and use the Court Performance Evaluation (CPE) Framework developed by New Justice predecessor USAID Fair, Accountable, Independent, and Responsible Judiciary (FAIR) Project. Eleven selected Civil Society Organizations (CSOs) implemented user satisfaction surveys using Citizen Report Cards (CRC) in 23 oblasts and the City of Kyiv. CSOs presented survey results to courts together with CRC-based performance improvement recommendations. • With New Justice grant support, partner CSOs continue to strengthen capacity of the first three Ukrainian Community Justice Centers (CJC) in Chuhuyiv of Kharkiv Oblast, in the City of Odesa, as well as the CJC in Tatarbunary of Odesa Oblast. CJCs provide a wide range of services including legal aid and consultations, legal awareness campaigns, referral services, and alternative dispute resolution. Since opening, New Justice- supported CJCs provided legal aid services to more than 2,500 people. CJCs partnered with more than 20 local courts, law enforcement agencies, local government, bar associations, alternative disputes resolution practitioners (mediators), and CSOs in order to bridge the gap between justice sector institutions and communities they serve. • In cooperation with the Ministry of Justice Center for Free Legal Aid Provision (CLAP) and a partner CSO, New Justice identified several communities that are interested and have capacity to establish CJCs. These communities are located in Chernihiv, Kyiv, Khmelnytskyi, Poltava and Donetsk Oblasts. • New Justice continued to support the capacity of Ukrainian courts to communicate effectively with the public and media, including the newly established HACC, through conducting a two-day practical workshop for judges and press-officers on mastering their communications skills, as well as assisting with the design of information materials about the HACC. New Justice also supported the COJ in developing standardized content for all first-instance courts’ information boards and websites to raise courts’ information accessibility to citizens and media.

• New Justice supported the MoJ and the Parliament’s Legal Policy Committee in legal framework aimed at improvement of jury trials in Ukraine by providing them with the results of New Justice surveys of jurors and legal professionals, statistical analysis of court judgements rendered with the involvement of jurors in 2017-2018, and experts’ opinion on jury trial reform. • New Justice enhanced its efforts to promote the principle of gender equality in the justice system and women rights protection by supporting partner universities and NGO National Association of Women Lawyers in developing a curriculum for law school students on gender equality to equip future lawyers with deep knowledge on how to counteract gender discrimination and gender-based violence. • New Justice conducted a fourth international anti-corruption workshop in Kharkiv. The event brought together over 35 Ukrainian and American law students and professors that developed a Model Anti-Corruption Compliance Policy for Ukrainian Universities. • New Justice supported the National Agency for Higher Education Quality Assurance (NAHEQA) in developing its policy on academic integrity in research. New Justice’s International Academic Integrity Expert Leah Wortham revived a draft NAHEQA regulation on academic integrity and produced a report with recommendations on improving the Report on Enhancing Academic Integrity in Ukrainian Higher Education: Comments on proposed Procedure for the Annulment of Decisions of Specialized Academic Councils to Confer a Research Degree. • New Justice continued supporting NSJ and New Justice grantee the Ukrainian Helsinki Human Rights Union activities aimed at improving the judges’ ability to apply international humanitarian and international criminal law norms in considering cases related to the armed conflict on the territory of Ukraine. • New Justice supported the Coordination Center for Legal Aid in developing and piloting training curricula for lawyers providing free legal aid on communicating with people with mental and intellectual disabilities. • New Justice continued advancing innovative solutions for improving access to justice by supporting the Ministry of Justice, the Coordination Center for Legal Aid, Kyiv Legal Hackers community and Social Boost NGO in conducting an acceleration program for legal tech startups, organizing the Access to Justice Hackathon, and finalizing model law school curriculum on legal innovations. • During this reporting period, New Justice grantee Law and Democracy NGO conducted trainings for court sign language interpreters.

A. Quantitative Highlights From the start 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 44 Civil Society Organizations (CSOs).

This quarter the most notable quantitative highlights are linked to New Justice cooperation with CSOs and legal education institutions and include the following: • 11 partner CSOs finished the analysis of court user satisfaction surveys they conducted in 613 courts (81% of all courts in Ukraine) using Citizen Report Cards (CRC) methodology with New Justice grant support. • CRC surveys involved more than 39,000 court users who provided feedback regarding the accessibility of court premises and services, timeliness of court proceedings, performance of court staff and judges, and accessibility and clarity of information.

• The overall user satisfaction score with court services according to CRC surveys in 2019 is 0.86 of 1 which is higher than 2015-2016 when the most recent national CRC surveys took place in Ukrainian courts. • As of the end of this reporting period, New Justice CSO partners reported that based on the CRC survey results they developed and submitted more than 4,000 performance improvement recommendations to courts. • The CRC score for accessibility of court premises and services is 0.83 out of maximum 1 and it’s lower than the overall usual satisfaction score mentioned above mainly due to the lower level of user satisfaction with courts financial accessibility, e.g. amount of court fee and cost of legal services. • The CRC score for informational accessibility is notably higher than the overall satisfaction score, it’s 0.89 of maximum 1. This score measures completeness and clarity of information available on announcement boards in court as well as on court web pages on judicial portal of Ukraine and it says in general that the Ukrainian courts are performing high in terms of providing necessary information to court users. • New Justice CSO partners implement 37 Memorandums of Understanding, Protocols of Cooperation, joint programs and other formalized with judicial and governmental institutions at the national and local level. • New Justice CSO partners trained 133 Ukrainian judges, attorneys and human right defenders in communicating with people with intellectual and phycological disorders and human rights protection in armed conflict. • Number of policies and/or procedures developed with New Justice Program support regarding national standards for legal education and implemented by law schools increased from 2 to 7 in this reporting period. This quarter progress counts Legal education quality assurance policy and procedures, Procedures for self-assessments of legal education quality, Academic integrity policy, Standards and procedures for assessment of law schools’ legal clinics, Amendments to the Law on Higher Education providing for legal education-specific requirements for law school licensing. • As the result of New Justice technical assistance 7 leading Ukrainian law schools implement the methodology of classroom effectiveness rating which is one of the important aspects of legal education reform in Ukraine.

B. Activity Administration

During the reporting period, the New Justice did not face any operational challenges.

On October 18, 2019, New Justice entered into a Protocol of Cooperation with the newly established High Anti-Corruption Court to agree on areas for collaboration and outline responsibilities between the Program and the implementing partner.

On October 31, 2019 the duration of Employment Agreements (EAs) of 20 New Justice team members expired due to the end of the third project year. Supplementary Agreements extending the EAs validity through the next program year were concluded with 19 employees. The EA term concluded with the Communications Assistant was not extended by mutual agreement between the employee and the Program management.

During the reporting period, New Justice engaged 12 independent consultants to share their experience and expertise, including six international and five local consultants contracted on paid basis and one professional on a pro bono basis.

The New Justice has strived to receive the competitive rates and has regularly conducted market research related to the procurement of goods and services to save USG resources by attracting non-federal in-kind contributions from local partners or other international donor organizations when organizing trainings, conferences, roundtables and other events. During the reporting period, New Justice leveraged shared level of effort and costs with international donor community members, while several New Justice partners provided their in-kind contributions and co-funding by offering their premises to conduct joint events.

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 ensure and strengthen judicial independence and accountability. • New Justice will continue efforts to improve the level of understanding and promote support for implementing new constitutional and legislative amendments together with the Supreme Court by continuing a series of regional discussions about procedural legislation novelties, which were enacted in December 2017. New Justice will also support 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 to assist the HCJ in developing 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 inspectors procedural authorities and qualifications requirements for candidates to this position. • New Justice will finalize and present the draft curriculum “Judicial control over the caseflow management” to the NSJ, which is to be implemented into the NSJ training framework for appellate- and cassation-level judges. • Jointly with other international donors, New Justice will support the SCt in organizing the International Workshop ”Before or After: Issue of Retroactive Effect of Judgment of the Constitutional Court of Ukraine and Its Impact on Administrative Judicial Proceedings. Foreign Experience”. • New Justice will present the outcomes of analyzing HCJ business processes, as well as those of other judicial institutions, and support their institutional capacity building through the developing strategic plans, clear rules of procedure, job descriptions, and related documents based on the results of the business process analysis. • New Justice will complete a case weighting study aimed at updating the results of the previous study conducted in 2014, prepare case weights, and develop recommendations for determining the optimum number of judges and court staff for courts of all levels and jurisdictions. • New Justice will provide assistance to the judiciary in implementing its new Unified Court Case Management System, including facilitating discussions related to issues connected with system development and implementation, as well as building the capacity of judicial governance and self-governance institutions to oversee this process. • New Justice will transfer three training programs on Leadership and Management Skills for Chief Judges and Chiefs of Staff to the NSJ when finalized. • New Justice will continue to assist Ukrainian stakeholders in developing a consistent, modern, and all-encompassing regulatory framework for mediation and to support

professional associations and ADR practitioners in promoting a conflict resolution policy. • New Justice will continue to support the MOJ and APEOU in reviewing current qualification and disciplinary rules and procedures and developing recommendations on their improvement. Also, New Justice jointly with other donors will support the newly selected APEOU Disciplinary Ombudsman in unifying PEOs disciplinary practices and by providing trainings on international disciplinary standards. New Justice will also continue to support the MOJ’s Disciplinary and Qualification Commission by providing them with expertise on best ethical standards and requirements for fair and objective disciplinary proceedings. Furthermore, New Justice will conduct enforcement legal framework gaps analysis. • New Justice will continue its efforts to improve courts’ outreach to the public and media by supporting the HCJ in adopting the Communications Strategy of the Judiciary; the SJA and CoJ in updating typical job descriptions of judge-speaker, CPIO, chief of staff and the chief judge to make clearer their duties in court communications; developing Crisis Communications and Social Media Communications Guides for judges and court staff; and designing and printing information materials about HACC. • New Justice will also contribute to developing the legal framework on jury trials’ reform by providing expert support to the Parliamentary Committees on Legal Policy when discussing the Bills regarding jury trial reform submitted to the Parliament by the GoU. • Additionally, New Justice will engage a gender expert to 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 present the Curriculum on Gender Equality for law school students to the MoJ and MoE to seek their support in its wider implementation in law schools. The curriculum is aimed to provide future lawyers with deeper knowledge on the nature of gender discrimination, tools to identify it, and mechanisms of legal protections for their clients. • 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 conflict 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 MOE and the MOJ, 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 Verkhovna Rada Committee on Education, Science and Innovations, and the Committee on Legal Policy in organizing and conducting a joint committee hearing on legal education reform. • New Justice will support the National Academy of Legal Sciences in organizing and conducting a winter workshop on interactive teaching for faculty from at least 10 leading law schools to support the implementation of the Model Law School Curriculum and the Modern Teaching Toolkit to enhance the quality of legal training. • New Justice will continue to support the MOE and the MOJ in designing and implementing mandatory, external, independent standardized exams for law school admissions and graduation. New Justice will also continue to support leading law schools in developing their internal systems for legal education quality assurance and integrity infrastructures, skills-based and practice-oriented courses, and continue to

implement the Rule of Law Lecture Series as well as develop the Introduction to the Rule of Law Course Syllabus. • New Justice will continue implementing the Certificate Program in Rule of Law involving competitively selected U.S. and Ukrainian universities; facilitate presentations and discussions of capstone projects, and award certificates to the participants who complete the Certificate Program in Rule of Law with involvement of the Yaroslav Mudryi National Law University, and build 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 support successfully reformed HQC in improvement procedures for judicial selection and qualifications evaluation by developing a Handbook for HQC Members and organizing an orientation session for the newly elected 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 finalize the results of public monitoring of the HCJ and HQC decisions, as well as the opinions of the PIC issued in the course of qualifications evaluation. • New Justice will continue to strengthen organizational capacity of justice sector reform- oriented partner CSOs. In the next reporting period, New Justice will promote use of the CSO self-assessment tool developed by New Justice experts earlier in implementation, and use the results to build capacity development roadmaps by at least 10 partner CSOs. • New Justice will continue to support Ukrainian courts to implement and use the Court Performance Evaluation (CPE) Framework. In the next reporting period, New Justice will analyze completed user satisfaction surveys in all courts of Ukraine’s 23 oblasts and the City of Kyiv, including developing performance improvement recommendations. New Justice will focus on recommendations regarding removing barriers in access to court premises, services, and information, as well as on increasing accessibility of e- justice. • New Justice will continue to provide substantial technical assistance to Community Justice Centers (CJCs) in the City of Odesa, Kharkiv Oblast and Odesa Oblast. New Justice CJC local experts together with their international colleagues will conduct CJC capacity development trainings based on the needs identified this quarter by the interim CJC evaluation. • New Justice will award up to four grants to CSOs based on the results of an open grant competition to build the sustainability of the three existing CJCs and to establish two to four new CJCs in communities that are interested and capable of establishing and developing CJCs. New Justice will coordinate this activity with the MOJ Center for Free Legal Aid Provision, which is currently drafting the strategy for decentralization free legal aid. • New Justice will develop a guide with information on the rights and obligations of sign language interpreters during court proceedings, as well as the psychological aspects of professional interaction with persons with hearing impairments. New Justice will conduct a round table presenting results of the sign language interpreters training and recommendations on amendments to regulations to ensure proper access to justice systems for deaf people and persons with hearing impairments. • New Justice will continue to improve judges’ and advocates’ ability to apply international humanitarian law in cases related to the armed conflict on the territory of Ukraine and protect the rights of vulnerable populations. New Justice will support the

MOJ in establishing a “lawfare” expert group aimed at consolidating governmental response to legal disputes caused by the armed conflict on the territory of Ukraine. • New Justice will continue supporting the MOJ, the Coordination Center for Legal Aid, and Kyiv Legal Hackers community in advancing innovative solutions to improve services provided by the MOJ and expanding access to justice. • New Justice will also continue supporting civil society involvement in justice sector reform through developing a community advisors’ institute and advocating for better human rights protection with the GOU. • In the next reporting period New Justice will develop and publish Request for Proposals (RFP) for research companies to conduct national surveys of public, judges and legal professionals working in courts who are not judicial employees. These surveys will take place in 2020 spring aiming to collect empirical data on justice sector and anti- corruption reform progress.

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 October 1, 2019 through December 31, 2019.

OBJECTIVE 1: JUDICIAL INDEPENDENCE AND SELF GOVERNANCE STRENGTHENED

Current Status of Affairs Anti-Corruption Courts. On September 5, 2019, the HACC launched its operations. The court successfully entered the operational stage and works in the normal regime.

Legislative Framework. On October 16, 2019, the Verkhovna Rada (Parliament) adopted the Law on Amending Certain Laws Regarding the Activity of Judicial Governance Bodies (No. 1008) with 236 votes. The law aims at rebooting the High Qualification Commission of Judges (HQC), reducing the number of Supreme Court justices, and speeding up disciplinary proceedings against judges. From the submission and during consideration in the Parliament, the draft was considered controversial and was heavily criticized by the key stakeholders, including the HCJ, Supreme Court, experts, professional associations, and NGOs. On November 19, 2019, the Plenum of the Supreme Court submitted an application to the Constitutional Court of Ukraine on the unconstitutionality of certain provisions of the law. The Supreme Court stated that the law poses significant risks to the independence of the judiciary and may undermine the achievement of the justice sector reform of 2014-2018 in terms of strengthening the independence and de-politicization of the judiciary. Later, on December 9, 2019, the European Commission for Democracy Through Law (Venice Commission) published its Opinion on the law. The Venice Commission states that the stability of the judicial system and its independence are closely interrelated and citizens’ trust in the judiciary can grow only within a stable constitutional and legislative framework. The Venice Commission welcomed that the Law No. 193-IX simplifies the system of judicial administration by bringing closer the HCJ and the HQCJ. However, the Commission is worried that the Law may lead to major changes in the composition of the Supreme Court following a change of the political majority. “The Supreme Court was comprehensively reformed based on legislation adopted by the previous Verkhovna Rada. Doing so again, following elections, sends a message both to the judges and to the general public that it depends on the will of the respective majority in parliament whether judges of the highest court may stay in office or not. This is an obvious threat to their independence and to the role of judiciary in the light of Article 6 ECHR.” Experts and donor community are working on initiatives to amend the law so that it is in line with the European standards and respects the principles of the rule of law and judicial independence.

On October 25, 2019, the President of Ukraine submitted the draft Law on Amending Commercial Procedure Code, Civil Procedure Code, Code of Administrative Adjudication Regarding the Improvement of the Judicial Decisions Review in Appeal and Cassation (No. 2314) to the Parliament. The main aim of the draft was stated as the introduction of the procedural filters for the cassation review to improve the operations of the Supreme Court in the light of the decrease in the number of justices, envisaged by the Law No. 193. During the reporting period, New Justice, jointly with other donors, provided expert support to improve the draft law. New Justice’s overall concern, which shared in common with the EU PRAVO- Justice Project, is that the filtering system of cassation appeals proposed in the Law will not have a significant impact on the way the SCt functions. It will decrease the number of cases only to a limited extent, if at all, and will rather not contribute to the development of uniformity of practice. It must be borne in mind that the effects (if any) of the filters proposed in the Draft

Law no. 2314 will be visible only in the long run as they will not be applicable for cassation appeals that have already been filed with the SCt before the Draft has come into force.

Regulatory Framework. On December 10, 2019, HCJ adopted Regulation on the Competitive Selection of HQC Members in the furtherance of the Law 193-IX, and on December 12, 2019 announced competitive selection of HQC members that started on December 26, 2019. The regulation was considered controversial and was heavily criticized by the civil society and experts.

Judicial Selection. On November 7, 2019, Law 193-IX entered into force immediately terminating 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 - within 90 days from the time Law enters into the force.

Public Integrity Council. During the reporting period, New Justice continuously supported the PIC in increasing self-reliance, building institutional capacity, and raising public awareness about its activities.

Judicial Self-Governance. The new composition of the COJ, consisting of 31 members, was elected on March 2018. The COJ actively started its operations and identified the following priorities: increasing efficiency of court operations, increasing the judicial ethics application by judges, and improving court and community communication.

On March 14, 2019, the XVII Extraordinary Congress of Judges of Ukraine (Congress) elected retired Judge Halyna Yurovska and Chief-Judge Petro Filiuk of Volyn Court of Appeals as Justices of the Constitutional Court of Ukraine. Other candidates did not receive majority of votes, so one position will remain vacant till the next Congress which will take place in May, 2020. Also, the Congress elected Judge Oleksandr Panasiuk of Vinnytsia Court of Appeals and Judge Tetiana Shyroian of High Specialized Court in Civil and Criminal Matters as HQC members. None of the newly elected Justices of the Constitutional Court of Ukraine appeared in any blacklists prepared by the CSO, while the newly elected HQC member Tetiana Shyroian had a PIC Opinion.

Gender Issues. The level of women's representation in public and political life is recognized to be a major obstacle towards achieving gender equality and empowerment of women. A such, women’s representation in the judiciary and their involvement in the decision-making process is crucial. According to the SJA’s gender statistics as of June 2019, the first instance courts are more gender balanced (46% - women, 54% - men) as well as the Supreme Court (44% - women, 56% - men); while the appellate courts (40% - women, 60% - men) and High Anti-Corruption Court (36% - women, 64% - men) are less gender balanced. There is still a significant gender gap in high-ranking positions in the Judiciary: in local and appellate courts, 36% of chief judges are women, while 64% are men. Nearly the same percentages apply for deputy chief justices. New Justice continues its work to enhance the representation of women in judicial governance bodies and courts.

Key Achievements to Date

Concept of Improvement of Legislation on the Judicial System, Status of Judges, Judiciary, and Related Legal Institutions. On October 2, 2019, President Zelenskii’s office organized the first meeting of the Legal Reform Commission members. The President identified the following priorities for the Commission: 1) constitutional changes in decentralization and human rights; 2) finalization of judicial reform to address the low level of public trust; 3) criminal justice

reform; 4) reintegration of Crimea and Donbass territories and people; and 5) transitional justice approach development with a focus on victims’ compensation /rehabilitation and punishment of criminals. During the reporting period, the Legal Reform Commission Judicial Reform Working Group worked on the Concept of Improvement of Legislation on the Judicial System, Status of Judges, Judiciary, and Related Legal Institutions. New Justice actively supported the process to ensure expert input, adherence to the rule of law principles, and international best practices. On December 25, 2019, the final draft was presented for voting by the Working Group members. The key positive elements of the Concept are: 1) reviewing the network of courts, taking into account administrative-territorial reform, ensuring access to justice, economic viability, and the demand for court services; 2) improving the status, procedure of formation, as well as organizational and legal principles of the Public Integrity Council’s activity and interaction with the qualification body, engagement into the process of conducting integrity checks of candidates for vacant positions in the first-instance courts, and support of its activity; 3) further developing legislation that provides for a proper fulfillment of the role of the High Council of Justice as the constitutional body of judicial governance, including regulation of procedural issues relating to its activities; 4) improving models and procedures used for regular evaluation of judges. Nevertheless, some crucial recommendations which might have a profound effect on the justice sector were not included in the Concept. Namely, it is strategically important to make a political decision to transform the SCt back into the unified classic structure with respective chambers. The current SCt format is not typical for a unitary state and from an economic point of view is too costly. With respect to a strategic solution regarding the structure and system of judicial governance and self-governance bodies, Council of Europe and Venice Commission experts emphasized that there is an overlap in some functions of the Higher Qualification Commission of Judges of Ukraine (HQCJ) and the High Council of Justice (HCJ). In order to avoid overlaps in functions and promote a more effective use of judicial resources, it is reasonable to consider establishment of a single body that will be responsible for selection, qualification evaluation, and discipline of judges. Also it is necessary to improve the legislative basis relating to the text of the oath, self-governance, self-governance system, and professional standards of the bar.

Anti-Corruption Courts. On October 18, 2019, the High Anti-Corruption Court and New Justice signed a protocol of cooperation. The program will support the High Anti-Corruption Court in strengthening judicial independence and judicial self-governance, increasing accountability and transparency of the judiciary to citizens and strengthening the rule of law, enhancing administration of justice, as well as expanding access to justice and protecting human rights. The following priority objectives of cooperation were identified: improving High Anti-Corruption Court Chief Judge Olena Tanasevych and USAID New Justice Program Chief of Party David Vaughn after court institutional capacity , finalizing the signing a Protocol of Cooperation on October 18, 2019. PHOTO: court’s 2019-2021strategic plan , raising USAID New Justice Program. public awareness of the High Anti- Corruption Court’s role in fairly adjudicating corruption related cases, further professional development of judges and judicial personnel and exposing them to best international practices, supporting the court processes automation applying the latest e-court technologies, and implementing the court performance framework.

U.S. Federal Judge, Chief Judge of the Tenth Circuit Court of Appeals (Denver, Colorado), Timothy Tymkovich, visited Ukraine on the invitation of the USAID New Justice Program on November 4-9, 2019. This assignment aimed to support joint efforts of international donors and Ukrainian partners of the Program to develop judges’ capacity to advocate and protect judicial independence and achieving court excellence.

At meetings with the leadership and representatives of the Supreme Court, High Anti- Corruption Court, High Council of Justice, and Council of Judges of Ukraine, Judge Tymkovich shared his personal experience and judicial leadership practices. Further, he discussed activities of judicial self-governance bodies including those in the sphere of asserting judicial independence and ensuring compliance with judicial ethics rules.

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 judicial ethics issues. For this purpose, New Justice has involved a retired Supreme Court of Ukraine Justice Olha Shapovalova to analyze the HCJ disciplinary practice for judicial ethics rules violation as well the requests submitted to the COJ by judges. New Justice presented research findings Working meeting with COJ Judicial Ethics Committee on to the COJ members for reflection in the November 4, 2019 in Kyiv. PHOTO: COJ Code of Judicial Ethics. Also, New Justice involved expert Chief- Judge Timothy Tymkovich of the United States Court of Appeals for the Tenth Circuit to conduct a working meeting with the COJ Judicial Ethics Committee leadership and staff to identify current issues related to judicial ethics and conflict of interest that judges face in their daily life and discuss the incorporation of certain amendments into the Code of Judicial Ethics. During the meeting, the COJ Judicial Ethics Committee members presented a summary of issues raised by judges during the regional discussions to Chief-Judge Tymkovich, including the prohibition for a judge to comment on final judgments and pending cases which questions the activities of judges-speakers, the rules on ex-parte communication, financial interests, and judicial presence in social media. Chief-Judge Tymkovich in turn shared his experience in bringing federal judges to disciplinary liability for violating judicial ethics rules and the importance of proper interpretation of ethics rules. This meeting resulted in a number of recommendations on improving the current text of the Code of Judicial Ethics.

In order to ensure broad representation among stakeholders involved in developing amendments to the Code of Judicial Ethics, New Justice supported the COJ in organizing a working meeting with CSO representatives on November 19, 2019. Representatives of the leading Ukrainian CSO that monitor judicial reform, including the Center for Democracy and Rule of Law, Chesno, and Public Integrity Council, contributed to the meeting and raised issues that they identified as problematic which the COJ would take into consideration while preparing the amendments to the Code of Judicial Ethics.

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

Public Integrity Council. New Justice supported the PIC in increasing self-reliance, building institutional capacity, and raising public awareness about its activities by: (1) evaluating PIC integrity and professional ethics criteria and providing report with recommendations for improving the criteria, (2) evaluating PIC communications strategy and providing report with recommendations for improving the strategy, and (3) conducting communications skills training for PIC members.

Following these efforts to support PIC institutional capacity, enhance cooperation with the HQC, and raise public awareness about its activities, the New Justice continued funding a proposal from NGO DEJURE, which included remuneration to all interested PIC members, PIC analytics, and staff of the PIC Secretariat.

Judicial Discipline. During the reporting period, New Justice local expert Professor Oleksandr Serdyuk finalized the draft comparative table with comprehensive legislative proposals for amending the Law on the Judiciary and Status of Judges, the Law on the High Council of Justices, and other laws and regulations governing the grounds of and procedures for disciplining judges. The proposed amendments are aimed at improving the HCJ judicial discipline practice to make it more consistent and predictable, as well as to provide better procedural guarantees for the parties to the proceedings. On December 11, 2019, New Justice presented the expert proposals to the members of the VR Committee on Legal Policy Issues and provided them with the drafts comparative table and explanatory note to the respective draft law.

During the reporting period, New Justice continued supporting the HCJ in developing the Manual on Disciplinary Proceedings against Judges. New Justice involved local expert Professor Andrii Boiko, a former HCJ Member, and provided him with a set of previously developed working materials, as well as the concept for designing the Manual. During the next reporting period, the expert will finalize the draft Manual and provide it to the HCJ for review and proposals.

Supreme Court. During the reporting period, New Justice grantees, NGO “Institute of Applied Humanitarian Research” and NGO “Lviv Law School”, published and delivered to the SCt the reports with monitoring results of independent expert analysis of SCt case law and recommendations on its improvement in view of application of the European Convention on Human Rights principles and European Court of Human Rights practice, quality of reasoning court decisions, and a need to ensure predictability and unification of the case law. Practical assignment during the ToT on Gender Equality Enhancing Representation and Curriculum for law school students, November 6, 2019, Lviv. PHOTO: JurFem Leadership of Women Judges in Judicial

Governance Bodies and Courts. During this reporting period New Justice grantee Association of Women Lawyers of Ukraine (“JurFem”) jointly with the partner universities developed and piloted a curriculum on gender equality for law school students in nine law schools from various regions of Ukraine. The curriculum aims to improve future lawyers’ knowledge in the area of gender equality, including how to counteract gender discrimination and gender-based violence. In the next reporting period, the grantee will finalize the curriculum in line with the feedback given by the law professors and students that participated in the pilot in order to present the curriculum to the MoE and MoJ for wider implementation.

Explanation on Deviations in Implementation of the Work Plan Due to the Law of Ukraine 193-IX entering into force on November 7, 2019, which immediately terminates HQC members’ term in office and suspended all HQC selection and qualifications evaluation proceedings until new members of the HQC are appointed (within 90 days from the time Law enters into the force), the objectives of the grant provided to NGO “Foundation Dejure” were deemed no longer attainable. Accordingly, New Justice processed to close out the grant, effective November 30, 2019.

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

Current Status of Affairs

Law on Bar and Legal Practice. On November 12, 2019, the MP Dmytro Shpenov withdrew his legislative initiate – draft Law “Amending the Law on Bar and Advocates’ Activity (regarding the Improvement of the Current Legislation on the Bar and Advocates’ Activity) (No. 1137). New Justice continues its support of the development and adoption of the improved legislative framework regarding self-regulation, self-governance, and professional standards of the professional associations and bar associations considering constitutional provisions on exclusive bar representation of clients before the court. New Justice also works to foster professional discussion on the merits and gaps of the draft.

Court Communications. New Justice continues its efforts to support the HCJ in adopting the Unified Communications Strategy of the Judiciary, which is still under revision. New Justice coordinates efforts in this area with other donor projects, in particular with the EUAM, through joint participation in monthly Working Group meetings of the Communications Committee of the Judiciary and other events in the area of improving court communications.

Improvement of Jury Service. The Legal Reform Commission and MoJ support the classic model of jury trial where the jurors are the fact finders who issue a verdict, and the judge applies the law accordingly, though the vision of the category of cases for which to use this model differ greatly between these two bodies. The MoJ will submit to the Parliament bills on jury trial improvement in the beginning of 2020. New Justice will provide necessary expert support for the improvement of the aforementioned legal framework.

Civil Society Engagement in Justice Sector Reform. In this reporting period, seven New Justice CSO partners continued their participation in monitoring and contributing to judicial reform. CSO projects this quarter aim to strengthen the role of alternative disputes resolution (ADR) in family disputes, promoting transparency, accountability, and integrity of judicial selection, monitor application of ECHR case law by the SCt, promote gender mainstreaming and non- discrimination in legal education, and improve access to justice and rights protection services for all citizens, including vulnerable groups. 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 the 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

Bar Code of Conduct. On December 3, 2019, New Justice met with the Deputy Minister of Justice Valeria Kolomiiets and other representatives of the MoJ and Coordination Center for Free Legal Aid Provision. During this meeting, New Justice and MoJ discussed areas of potential cooperation in the area of bar and free legal aid. MoJ agreed to cooperation to further promote improving standards for bar and free legal aid operation professional standards.

Improving Outreach by the Judiciary to the Public and Press. New Justice grantee CEDEM developed layouts of information materials (posters, leaflets and various applications’ templates) about courts services and procedures, aimed to improve court information accessibility to the public and media. The grant project has been implemented jointly with the CoJ, which plans to issue a decision to oblige the SJA to foresee funds for the next year to print these materials and provide all first-instance courts with them. The materials will be exposed on courts’ information boards HACC Judges, Head of Press-Service and New Justice Expert Ben and published on courts’ websites. Wilson posing for a group photo during the communications training, December 2, 2019, Kyiv. PHOTO: HACC New Justice also supported the HACC’s communications capacity by engaging Ben Wilson, the former Head of Communications of the United Kingdom Supreme Court, who conducted a two-day practical workshop for the HACC’s leadership, judge-speakers, and press-officers on improving their communications skills, covering communications of high-profile trials, use of social media by judges and court staff, how to give a successful interview to the media (including ambush interview), internal communications, and court’s mission to promote values.

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 them with the results of New Justice work in this area, including surveys of jurors and legal professionals, statistical analysis of court judgements rendered with the involvement of jurors in 2017-2018, and experts’ opinions on jury trial reform. New Justice also identified the area of cooperation with the Parliament and the MoJ in this respect, including further expert assistance for the legal framework.

Civil Society Engagement in Justice Sector Reform. In this reporting period New Justice collected data from 11 CSO partners who implemented user satisfaction surveys using the Citizen Report Card (CRC) methodology in 613 courts located in 23 oblasts of Ukraine and the city of Kyiv. This

data includes feedback received from more than 38,000 of court users and more than 2,300 performance improvement recommendations to courts. While CRC surveys target specific courts, they also serve to identify and confirm the current biggest issues that the majority of courts and their users are facing, including: a) the insufficient number of judges and lack of internal policies for timely consideration of cases; 2) low level of safety and security of court premises; 3) poor accessibility of court buildings for people with disabilities; 4) financial barriers in access to justice, for example, high court fees and high cost of legal services; 5) low accessibility of e-justice tools; 6) low awareness of court users on ADR opportunities; and 7) lack of timely updated information on court web-pages. New Justice is currently preparing a summary report with court performance improvement recommendations for national judicial institutions, particularly the High Council of Justice, Council of Judges, and State Judicial Administration.

Explanation on Deviations in Implementation of the Work Plan In this reporting period, New Justice postponed the task on developing an orientation video about jury service as a part of the public awareness campaign until the Parliament adopts the relevant legislation on the new model of jury trial, which will clarify how this new model is going to operate.

OBJECTIVE 3: ADMINISTRATION OF JUSTICE ENHANCED

Current Status of Affairs Administration of Justice. During this reporting period, New Justice focused efforts on building a broad consensus among stakeholders regarding the implementation of those provisions of the procedural codes of Ukraine which require the implementation of new automated solutions in the courts. The new management of the State Enterprise “Information Court Systems” came up with significant changes to the existing concept of the Unified Judicial Information and Telecommunication System (UJITS), which raised concerns both on the part of New Justice and the EU-funded Pravo Justice project. To that end, New Justice participated in several discussions, including with members of the Verkhovna Rada Legal Policy Committee, the High Council of Justice, the State Judicial Administration, the State Enterprise “Information Court Systems”, and other donors and stakeholders. In addition, the new government also aims to complete the court consolidation reform started by its predecessors several years ago, thus, New Justice provided its expert reports on this subject and plans to resume activities in this area.

Chief Judge and Court Administrator Executive Education Program. On November 19 - 21, 2019 New Justice supported the National School of Judges and State Judicial Administration in conducting the Chief Judge and Court Administrator Executive Education Program for 18 chief judges and 18 court administrators who already completed Chief Judge Leadership Program and Court Administrator Leadership Program in September 2019. This was a third and final program in the framework of leadership in courts program development. The purpose of the executive education program was to foster deep and abiding trust between the chief judge and the court administrator to withstand the challenges of leading no matter the conditions.

Improvement of Access to Justice through Mediation. During the reporting period, New Justice grantee Civic Association “Ukrainian Academy of Mediation” completed a “Support of Legal Higher Institutions Through the Development of Methodological Support for Educational Process of Mediation Disciplines in Order to Improve the Quality of Legal Education and Promote Wider Use of Alternative Dispute Resolution Mechanism” grant project and presented

a Textbook “Mediation in the Professional Activity of a Lawyer” and a methodical recommendation for law schools on how to use this Textbook for lawyers’ training. On November 25, 2019, New Justice representatives participated in a Round table on mediation conducted by the Legal Policy Committee of the Parliament of Ukraine and presented the Comprehensive Analysis of Current Context, Barriers and Opportunities for Developing Mediation with Recommendations how to Promote and Implement Mediation in Ukraine developed by New Justice ADR experts.

On December 28, 2019, a Draft Law on Mediation developed by the MoJ working group with New Justice support was registered in the Parliament of Ukraine.

New Justice grantee the NGO “Association for Family Mediators of Ukraine” is continuing implementation of its grant project “Sustainable regional development of family mediation in Ukraine in cooperation with social services for children to ensure access to justice and respect for the rights of the children”.

Improving the Enforcement Efficiency. Currently the Unified Registry of Private Enforcement Officers includes 217 private enforcement officers, including eight of those whose licenses were suspended and three whose licenses were deprived by the PEO Disciplinary Commission. APEOUs conducted Fifth Congress of PEOs of Ukraine updating Rules of Procedures of Assembling Congress of PEOs of Ukraine, stipulating APEOU right to create Training Center as a structural part of the Association, and selecting new members of the Audit Commission, Disciplinary Commission and Qualification Commission. On August 29, 2019 the new Minister of Justice Mr. Denys Maliyuska was appointed by the Cabinet of Ministers of Ukraine. Later on September 25, 2019, his Deputy on Enforcement Mr. Andriy Haychenko was appointed. Representatives of New Justice met with both leaders and discussed areas of further joint cooperation.

Key Achievements to Date Efficiency in Administration of Justice. During this reporting period, New Justice completed both rounds of data collection for the case weighting study for courts of all levels and jurisdictions in Ukraine. New Justice also completed processing data and started preparing the final report, due by the end of January 2020. The resulting case weights will be used by the judiciary to balance judicial workload and determine the number of judges needed to handle the current workload of the courts.

New Justice also continues to provide support to the HCJ in implementing recommendations of the business process analysis conducted by New Justice for the HCJ during the previous reporting period. To that end, the HCJ established a permanent working group tasked with rolling out the recommendations, currently focusing on reassigning functions of the staff of HCJ members’ offices to ensure greater productivity, and on identifying and implementing off-the- shelf software solutions which could be used to automate HCJ activities. As part of this effort, the HCJ sent cooperation proposals to major software developers and plans to conduct a series of meetings with potential vendors starting mid-January 2020.

New Justice also continued providing support to the implementation of the UJITS. As part of this effort, New Justice joined the EU-funded Pravo Justice Project in preparing an opinion on the new UJITS concept proposed by the State Enterprise “Information Court Systems”, suggesting a revision of the proposed approach as it posed high technical, administrative, managerial, and financial risks. New Justice also contributed to the preparation of an updated UJITS concept by Pravo Justice, suggesting establishing clear governance structures, reducing role of the State

Enterprise in the process, as well as basing any software development on business process analysis results, and jointly presented it to the SJA. New Justice then participated in several follow-on meetings, in which both projects were able to reach a consensus with the State Judicial Administration regarding amendments to be introduced to the existing concept. At the same time, New Justice conducted meetings with representatives of the Verkhovna Rada Legal Policy Committee and the HCJ, lobbying for the establishment of clear governance and reporting structures in all matters related to UJITS development, with a special focus on process ownership.

In addition, in response to the priorities of the new government, New Justice resumed activities in the area of court consolidation which had been suspended in late 2017 due to the passage of a series of presidential decrees apparently making a final decision in the consolidation process. However, implementation of the suggested changes to the court map were stalled due to a number of flaws in the initial reform design. To that end, New Justice presented the findings made in 2017 regarding this issue and participated in a round table discussion on court consolidation. New Justice will continue responding to the needs of Ukrainian authorities in this area.

Chief Judge and Court Administrator Executive Education Program. Following up a leadership training for chief judges and then for court administrators, New Justice Program supported the National School of Judges of Ukraine and the State Judicial Administration in conducting a final education program for court administrators and chief judges. The goal of the program was to boost the atmosphere of trust, mutual respect, and confidence in the process of cooperation between a chief judge and chief of staff to improve court’s operation. 18 executive teams of chief judges and court administrators who successfully completed the respective preliminary programs in September 2019 participated in the program. They jointly worked on the vision and identified values of relationships in the executive team, considered roles, duties, and authorities of the team members, improved delegation and strategic planning skills, as well as jointly developed mutually agreed action plans. The innovation fair took place during the program, where the participants shared their experience of introducing innovations, initiatives, and projects in their courts and jointly came up with new ideas on how to improve access to court services and court administration in their courts.

HACC Judicial Administration. New Justice engaged short-term expert Markus Zimmer to assist the HACC in developing guidance on internal operations. The expert developed comprehensive guidelines for the HACC Chief of Staff and Apparatus of the court on the most urgent issues in the court operations. The report, covers issues including usage of modern IT tools in the courts, maintaining public trust in the court, and courthouse design. The report will be translated and shared with the HACC leadership.

Improving the Enforcement Efficiency. New Justice jointly with the MoJ developed a joint Action Plan that outlines areas of cooperation including further reforming the system of judgement through (i) legislative changes; (ii) accelerating access to the PEO profession; (iii) updating the list of mandatory training subjects for initial trainings of PEO candidates and on-going trainings of acting PEOs; (iv) improving the Recommended Plan for internships for PEO candidates, (v) enhancing the process for administering the qualification exam of private enforcement officer candidates; and (vi) analyzing the practice of the Disciplinary Commission of Private Enforcement Officers based on a review of the Commission’s decisions in disciplinary cases. Also, New Justice engaged local expert Maryna Ogay, who will review available statistical data or sources in order to develop a recommended baseline to evaluate acting PEOs effectiveness.

Explanation on Deviations in Implementation of the Work Plan New Justice experienced a two month delay in completing the case weighting study due to the large volume of data integrity and cross-reference checks which needed to be performed with the data.

OBJECTIVE 4: QUALITY OF LEGAL EDUCATION STRENGTHENED Current Status of Affairs New Justice continued to advocate for amendments to the Law on Higher Education that would enable a comprehensive legal education reform. During the reporting period, legal education reform gained momentum as the Verkhovna Rada of Ukraine adopted the draft law #2299 amending the Law on Higher Education. On October 22, 2019, the Verkhovna Rada of Ukraine registered the draft Law on Amending Certain Laws of Ukraine Regarding the Improvement of Education in the Sphere of Higher Education. Four MPs from the Servant of the People Party, namely Serhiy Babak, Yuliia Hryshyna, Olha Koval, and Volodymyr Voronov, tabled the draft law (# 2299) prepared by the Ministry of Education Working Group with contributions from New Justice.

On October 30, 2019, New Justice organized a stakeholder discussion of the draft, bringing together law school administrators, opinion leaders, and representatives of the MOJ and international technical assistance projects to analyze the draft. The meeting resulted in the development of recommendations for the Verkhovna Rada Committee on Education, Science, and Innovations to improve the draft law #2299.

On November 21, 2019, New Justice conducted a working meeting with Head of the Subcommittee on Higher Education of the Verkhovna Rada Committee on Education, Science, and Innovations Yuliia Hryshyna. As a result, New Justice presented key results of USAID efforts to improve legal education quality in Ukraine to Dr. Hryshyna, discussed the current state of legal education, and agreed to cooperate on strengthening legal education. New Justice successfully advocated for conducting an inter-committee hearing on legal education reform, engaging the Verkhovna Rada Committee on Education, Science, and Innovations and the Committee on Legal Policy. On December 16, 2019, New Justice supported a working meeting with key stakeholder representatives, including the MOE, the MOJ, and the Working Group on Legal Education Reform of the Legal Reform Commission under the President of Ukraine to organize the inter-committee hearing.

On December 18, 2019, the Verkhovna Rada of Ukraine adopted the draft Law # 2299 by 321 votes. The amendments strengthened the requirements for education quality assurance as advocated by New Justice. In particular, the amendments introduced the notion of a regulated profession that encompasses the legal profession. Additionally, the amendments stipulate the review of Ukraine’s fields of knowledge and specialties system in the light of the International Standard Classification of Education. This enables the merger of two specialties, Law and International Law.. The amendments also provide a statutory-level legal basis for (a) mandatory, external, independent, standardized entrance exam for master’s degree programs in law, (b) unified state qualifications exam after a bachelor program in Law, and (c) legal education-specific requirements for law school licensing as well as external, independent, on- site pre-licensing assessment of law schools. Importantly, the amendments eliminated public funding for universities’ dependent on their enrollment. Further, the amendments stipulated that the implementation of mandatory key performance indicators for university presidents and mandate the development and implementation of university-level academic integrity policy, including honor codes, as well as provide for a possibility of revoking conferred degrees in case academic integrity is breached.

New Justice will continue to support the MOE, the Verkhovna Rada Committee on Education, Science, and Innovations, the National Agency for Higher Education Quality Assurance, and other key stakeholders in implementing the amendments and improving the quality of legal education, which is a precursor for a well-functioning legal profession in Ukraine.

Key Achievements to Date

New Justice continued to support the MOE, MOJ, and leading law schools 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.

During the reporting period, New Justice continued to support the Working Group on Legal Education Reform of the Legal Reform Commission under the President of Ukraine in its work to finalize the draft Legal Education Reform Concept Paper and Action Plan for its implementation. To this end, New Justice supported the Working Group Head, Nataliya Kuznietsova, with briefings on the USAID efforts to support legal education reform in Ukraine, as well as Professor Speedy Rice is discussing with Nataliya Kuznietsova working meetings with key legal the US experience regarding law school accreditations on December 2, 2019. PHOTO: USAID New Justice Program. education reform stakeholders, including the Verkhovna Rada Committee on Education, Science, and Innovation and New Justice’s international legal education experts to make sure the Working Group stays on top of legal education reform efforts. Further, on December 20, 2019, New Justice supported the Working Group in conducting its meeting on discussing key issues related to the finalization of the draft Legal Education Reform Concept Paper and development of the Working Group’s action plan for 2020. New Justice will continue to support the Working Group in its efforts to finalize the draft Legal Education Reform Concept Paper outlining a comprehensive vision for reform moving forward.

New Justice also continued to support the MOE in developing legal education standards. To this end, on October 9 and October 23, 2019, New Justice supported the MOE Sub-committee on Developing Standards for Legal Education in developing a draft Standard for Preparing Masters of Law. With New Justice’s expert and organizational support, the Sub-committee chaired by Dr. Andriy Boyko, designed the draft with the MOE’s methodological recommendations and relevant best international practices in mind.

Then, New Justice International Legal Education Expert Delaine Swenson, per Dr. Boyko’s request, reviewed the draft, provided recommendations, and, on December 16, 2019, publicly presented his report with these recommendations on improving the draft standards at the

extended MOE Sub-Committee’s meeting with law school administrators, faculty, and student leaders. The Sub-Committee then finalized the draft and submitted it to the MOE for review.

Furthermore, New Justice continued to advocate for law school-specific licensing and accreditation standards to be introduced in Ukraine. To this end, on December 2, 2019, New Justice brought together over 12 representatives of key legal education stakeholders, including the Working Group on Legal Education Reform of the Legal Reform Commission under the President of Ukraine, the Ministry of Justice of Ukraine, National Agency for Higher Education Quality Assurance, the National Bar Association, Participants of the public discussion regarding the draft Standard for Preparing Masters of Law in Kyiv on December 16, the Association of Ukrainian Lawyers, 2019. PHOTO: USAID New Justice Program. and the European Law Students’ Association, to present New Justice’s report outlining the US experience regarding the procedure and practice of law school accreditations. New Justice International Legal Education Expert Speedy Rice contributed to the event and answered questions from the participants. This effort helped the participants better understand how law school accreditations work in the U.S. and enabled an open discussion as to possible ways of using relevant US experience and lessons learned in developing the system of law school accreditations in Ukraine.

New Justice continued to support the National Agency for Higher Education Quality Assurance (NAHEQA) in developing its policy on academic integrity and relevant implementing legislation. To this end, during the reporting period, New Justice International Academic Integrity Expert Leah Wortham, Professor Emerita of the Catholic University of America, upon NAHEQA Head Serhiy Kvit’s request, reviewed the draft NAHEQA regulation on ensuring academic integrity in research. As a result, Dr. Wortham produced a report with tailored recommendations on improving the draft regulation, which the NAHEQA leadership will be reviewing to take Dr. Wortham’s recommendations into account.

New Justice continued to support the MOE, the MOJ, and leading law schools in developing a model syllabus for a course on legal innovations. On October 10 – 11, 2019, New Justice in cooperation with the OSCE Project Coordinator supported a working meeting of an MOJ task force comprised of MOJ experts and ten representatives of leading law schools working on legal innovations. The task force developed a model syllabus on legal innovations for law students that can be included in formal curricula. New Justice will promote the model syllabus among leading Ukrainian law schools so more students and faculty can learn about legal innovations and become better prepared for legal practice in today’s technology-driven world.

New Justice continued to promote anticorruption education by engaging leading Ukrainian law schools across Ukraine to teach an online course on anticorruption in cooperation with Dr. Speedy Rice, Professor of Practice at the Washington and Lee University School of Law (Lexington, Virginia, USA). Further, on November 25-26, 2019, New Justice organized and conducted the 4th International Anticorruption Workshop in cooperation with the Washington and Lee University School of Law (W&L) and four leading Ukrainian law schools whose students and faculty participated in the implementation of an international online anticorruption course with Dr. Rice. During the workshop, Dr. Rice facilitated student and faculty teamwork to develop a Students and faculty are developing a Model University Model University Anticorruption Anticorruption Compliance Policy on November 25, 2019, in Kharkiv. PHOTO: USAID New Justice Program. Compliance Policy and designing recommendations and actionable steps for its implementation based on the Ukrainian legislation and international best practices. This workshop empowered over 35 Ukrainian faculty and students with new knowledge, skills, and tools to promote an ethical learning environment at Ukrainian law schools.

On November 29, 2019, New Justice in cooperation with the American Councils’ Strengthening Academic Integrity in Ukraine Project, the W&L School of Law, and the Taras Shevchenko National University Institute of International Relations (KNUIR) conducted an international dialogue on academic integrity. 35 KNUIR and W&L students and faculty members discussed W&L experience in designing and implementing an honor system and how to use this experience to develop the integrity infrastructure at the KNUIR. Thanks to this dialogue, KNUIR students learned about the W&L honor system, obtained reports on international experience regarding rules of procedure for investigating honor violations, and became more empowered to contribute to strengthening academic integrity in Ukraine.

During the reporting period, New Justice continued to support the MOE and the MOJ in institutionalizing a mandatory, external, independent, standardized entrance exam for master’s degree programs in law and international law (MEISEE). On October 24 and November 18, 2019, New Justice supported the MOE and the MOJ in conducting the first two meetings of the MOE Working Group on Mandatory External Independent Standardized Entrance Exam (WG on MEISEE) for master’s degree programs within specialties 081 “Law” and 293 “International Law” in 2020. The MOE established the WG on MEISEE 2020 by its Decree of October 11, 2019 #1287 to ensure organizational and analytical support in preparing for and administering MEISEE 2020. As a result of these meetings, the WG on MEISEE updated the MEISEE program,

discussed the action plan for its implementation in 2020, and discussed the MOE’s journey to self-reliance.

New Justice also continued to support the MOE and the MOJ in conceptualizing the Unified State Qualifications Exam (USQE). On November 7, 2019 the MOE with New Justice’s support established the Task Force on USQE to bring together policymakers and experts coming from the MOE, MOJ, leading law schools, and CSOs. New Justice supported the first two meetings of the Task Force on USQE on November 18 and November 22, 2019. To strengthen the Task Force on USQE’s capacity to develop a concept, program and an action plan for the USQE implementation as a high-stake legal examination, New Justice engaged International Testing

Dr. Kellie Early is presenting at the MOE her preliminary Technologies Expert Kellie Early, who recommendations on developing the concept, program, and the serves as Chief Strategist at the National action plan for the USQE implementation on November 22, Conference of Bar Examiners. 2019. PHOTO: USAID New Justice Program.

Dr. Early attended and contributed to the Task Force meetings as well as collected opinions of other stakeholder in the course of her other working meetings with the leadership of the MOE, the Verkhovna Rada Committee on Education, Science, and Innovations, the Working Group on Legal Education Reform of the Legal Reform Commission under the President of Ukraine, the Ukrainian Center for Education Quality Evaluation, and the National Agency for Higher Education Quality Assurance. As a result, Dr. Early produced a report with recommendations on designing the concept, program, and action plan for the USQE implementation, which New Justice shared with the Task Force on USQE and other stakeholders. New Justice will continue to support the MOE and the MOJ in designing and implementing the USQE going forward to strengthen legal education quality in Ukraine.

During the reporting period, New Justice continued to promote rule of law in Ukraine. To this end, New Justice’s grantee, the Ukrainian Catholic University (UCU) developed a model syllabus for a course titled “Rule of Law Issues” based on the New-Justice supported rule of law lectures, disseminated the syllabus among 30 leading Ukrainian law schools, and on October 31, 2019, conducted a public presentation of the syllabus to law school administrators, faculty, and student leaders to promote the implementation of this course in formal law school curricula.

Further, on November 7, 2019, New Justice conducted for 30 students and faculty members of the Taras Shevchenko Kyiv National University School of Law a meeting with Chief Circuit Judge of the US Court of Appeals for the Tenth Circuit Timothy Tymkovich. The meeting participants discussed the US experience as to developing an independent, ethical judiciary and how this experience can be used to strengthen rule of law in Ukraine.

New Justice supported the development and implementation of the second round of the landmark graduate certificate program on rule of law for judges, prosecutors, and legal professionals. This innovative program that formalized collaboration between the University of South Carolina and Kharkiv National Law University provides participants with the ability to not only understand rule of law, but how to apply in their day-to-day work as justice sector Students and faculty of the Rule of Law Certificate Program on personnel. During the two weeks of in- November 22, 2019 in Kharkiv. PHOTO: USAID New Justice class instruction in October and Program November 2019, 29 participants improved their knowledge and skills in the following areas: history and theory of the rule of law, human rights and mechanisms of their protection, lawyer’s ethical obligations, legal reasoning, legal consulting and interviewing, as well as dispute resolution. After completing the in-class instruction, participants prepared capstone projects that focused on addressing a rule of law challenge facing Ukraine. Topics selected include issues related to commercial dispute resolution, protection of property rights, protection of the right for a safe environment, effective functioning of a jury trial, protecting the rights of disabled persons, and proper investigation of domestic violence. Once final capstone projects have been approved, participants will receive a joint certificate from the Yaroslav Mudryi National Law University and the University of South Carolina at a graduation ceremony in March 2020. This effort helps to strengthen the rule of law by providing legal professionals with improved capacity to administer justice and protect human rights which in its turn contributes to economic and social development.

Explanation on Deviations in Implementation of the Work Plan Due to the ongoing judicial qualification evaluation processes and competition for several high courts, trial courts are understaffed and judges are overwhelmed. As such, New Justice postponed implementation of a judicial clerkship program in cooperation with the judiciary.

OBJECTIVE 5: ACCESS TO JUSTICE EXPANDED AND HUMAN RIGHTS PROTECTED Current Status of Affairs New Justice continued supporting NSJ and CSO activities aimed at improving the ability of judges to consider cases involving vulnerable group populations, including GBV-victims, people with mental and intellectual disorders, and cases related to the armed conflict on the territory of Ukraine. New Justice supported the MOJ, the Coordination Center for Legal Aid and Kyiv Legal Hackers community in organizing activities for advancing innovative solutions to improve services provided by the MOJ and expanding access to justice.

New Justice grantee, Law and Democracy NGO, continued activities aimed at improving access to the justice system for persons with impaired hearing through conducting trainings for court sign language interpreters.

In November this year, the European Union and the Council of Europe urged Ukrainian authorities to push forward the ratification of the Council of Europe Convention on Preventing and Combating Domestic Violence and Violence against Women (Istanbul Convention) that has been pending since 2011 due to strong resistance from the Council of Churches of Ukraine and the majority of the former Parliament. At present, ratification of the Istanbul Convention is one

of Ukraine's unfulfilled commitments in the frames of the Association Agreement with the EU. If ratified, Ukraine as a state will be obliged to better protect the rights of DV and GBV victims internally and abroad, as well as monitor the situation in this area and regularly report to the COE on the progress done.

New Justice continues to support developing Community Justice Centers (CJC) in Ukraine. CJC 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, established and operate three CJCs in Kharkiv and Odesa Oblasts. In addition, New Justice, in cooperation with the Ministry of Justice Center for Free Legal Aid Provision (CLAP) and partner CSOs, identified several communities that have willingness and capacity to establish and develop CJCs. These communities are located in Chernihiv, Kyiv, Khmelnytskyi, Poltava, and Donetsk Oblasts.

Key Achievements to Date Improving Access to Courts and Court Services for All Citizens Including Vulnerable Groups.

During this reporting period, New Justice grantee Law and Democracy NGO in collaboration with the All-Ukrainian Non-Governmental Organization for the Disabled “Ukrainian Society of People with Impaired Hearing” (UTOG) completed a series of seven trainings for 176 court sign language interpreters in seven cities across Ukraine (Uzhgorod, Zaporizhzhya, Kharkiv, Kyiv, Odesa, Vinnytsya, and Ternopil) to improve access to justice and court services for persons with impaired hearing. During the trainings, sign language interpreters learned more about the specific features of a translator’s legal status, the psychological characteristics of persons with disabilities, the ethical principles of providing services to such persons in the court system and interacting with lawyers and lawful representatives, in addition to improving their knowledge of court services and procedures. They have also mastered the practical skills of an interpreter’s participation in administrative, civil, and criminal proceedings.

During this reporting period, New Justice supported the NSJ in conducting ToT for judges on international humanitarian law (IHL) and international criminal law (ICL) application in armed conflict related cases. The NSJ will conduct regional trainings in the next reporting period. New Justice also supported the Ukrainian Helsinki Human Rights Union in piloting a training curriculum for judges and advocates on international humanitarian law and peculiarities of considering cases related to occupation of Crimea, conducting training for 68 judges in Kherson, Odesa, and Kyiv, designing training curricular in consultation with NSJ and organizing a workshop for judges and advocates to share lessons learned and develop recommendations to improve awareness activities for legal professionals on international humanitarian law application.

New Justice supported the Coordination Center for Legal Aid (CLAP) and Human Rights NGO in developing and piloting a training curriculum for lawyers providing free legal aid on communicating with people with mental and intellectual disorders. The CLAP will conduct trainings for lawyers and develop distance training in the next reporting period.

New Justice continued supporting initiatives aimed at advancing innovations to improve access to justice through the grant program with SocialBoost NGO on accelerating legal tech startups. Seven competitively selected startup teams developed their innovation projects for better access to justice, which were reviewed by a jury at the final BoostCamp event. The event was organized in cooperation with the Hague Institute for Innovation of Law (HiiL). Participants of the event were representatives of the justice sector, business, civil society, and academia. As a result, the

winner AirLaw, which helps passengers receive compensation for delayed, canceled, or Participants of training for lawyers providing free resold flights as well as luggage problems, will legal aid on communicating with people with mental participate in Innovating Justice Forum and intellectual disorders organized by Human Rights organized by HiiL in February 2020 in the NGO in PRAVOCATOR Club on November 18, 2019 in Hague, the Netherlands. Kyiv. PHOTO: Human Rights NGO

New Justice also supported the CLAP and Kyiv Legal Hackers community in organizing an Access to Justice Hackathon to develop project ideas aimed at protecting the rights of citizens and simplifying access to justice, in particular for vulnerable groups. Fifty hackathon participants – lawyers, students, IT professionals, marketers, designers from all over Ukraine – formed teams and, with the help of experienced legal tech mentors, developed ideas for providing legal services to people who cannot afford to pay for lawyers; products aimed at protecting rights, combating discrimination, bullying, domestic violence, and alternative ways of solving legal problems to make justice simple and accessible. The winner, Refugee Helper, a chatbot in Facebook that will provide legal advice to refugees and asylum seekers in Ukraine will participate in the Innovating Justice Forum organized by Innovating Justice Challenge BoostCamp participants and HiiL and receive continued consultation winners on October 24, 2019 in Kyiv. PHOTO: SocialBoost NGO from organizers.

Providing Greater Protections to the GBV Victims and Other Vulnerable Groups. During this reporting period, New Justice grantee NGO Center for Democracy and Rule of Law developed standardized user-friendly content for information boards in courts and for courts’ websites, which among others contain information on services provided by courts, governmental agencies and relevant NGOs to GBV victims. Another New Justice grantee Association of Women-Lawyers of Ukraine developed jointly with the partner universities the Curriculum on Gender Equality for law school students, aimed to encourage better knowledge of future lawyers on the nature of gender discrimination, tools to identify it and mechanism of legal protections for their clients, including GBV-victims.

Developing Community Justice Centers. In this reporting period three existing Community Justice Centers (CJCs) made significant progress in terms of building their sustainability and self- reliance, which is the result of significant technical assistance provided by New Justice throughout the whole calendar year 2019. Progress towards CJC sustainability and self-reliance includes: • Community Justice Center Promoting Access to Justice in the town of Tatarbunary of Odesa Oblast established with New Justice grant support by Odesa Oblast Organization of the Committee of Voters of Ukraine (Odessa CVU) in cooperation with Tatarbunary Raion Court and local self-governance authorities. In this reporting period, Odesa CVU received substantial grant support from the European Union (EU) for further development of this CJC as a platform for solutions to and prevention of community legal issues. The EU funding to this CJC is to work not only in Tatarbunary District but also to expand its activities to communities in the southern part of the Odesa Oblast. • The Association of Investigative Judges of Ukraine, in cooperation with Kyivskyi District Court of the City of Odesa continues to operate the first court annexed CJC in Ukraine. This CJC has the important role of being an example for other courts in Ukraine on how to bridge the gap between the judiciary and the communities it serves. Odesa CJC has a significant list of stakeholders including law enforcement agencies, bar associations, alternative disputes resolution practitioners (mediators), MOJ’s regional department, city administration, PRAVOKATOR, Club of the Center for Free Legal Aid Provision, and civil society organizations. This CJC has provided services to more than 1,600 people since its opening in February 2019. Services include legal aid and consultations, referrals, and alternative dispute resolution. In this reporting period Odesa CJC started negotiations with Odesa City authorities on the possibility of local budget funding for CJC operations and reached preliminary agreement about the availability of this funding during the third quarter of the calendar year 2020. In addition, this CJC expanded its cooperation with pro-bono attorneys to increase the volume of its legal services to vulnerable groups. • The Legal Development Network (LDN) is working together with several local NGOs, local courts, and self-governance authorities on developing and strengthening a CJC in the town of Chuhuyiv of Kharkiv Oblast. CJC in Chuhuyiv provides legal aid, alternative disputes resolution, public law education, legal needs assessment, and other services. In a very short period of time since its opening, CJC in Chuhuyiv was able to help local residents resolve their legal issues including winning disputes in local court. Currently CJC serves several hundreds of clients, including vulnerable populations such as internally displaced persons (IDPs) and victims of the armed conflict in the East of Ukraine. In this reporting period, Chuhuyiv CJC conducted an analysis of successful practices and failures in the work of the CJC and prepared report on it. This report became a useful tool for further improvement of Ukrainian CJC model and establishment CJCs in other Ukrainian communities. The key conclusion made by this analysis is that CJCs act in response to community legal demands more effectively than any other governmental or non-governmental legal aid providers. Thus, Chuhuyiv CJC’s experience demonstrates to other communities the benefits of establishing and developing CJCs as well as helps communities and CJC-operating CSOs to advocate for local budget funding of CJC activities.

In cooperation with Ministry of Justice Center for Free Legal Aid Provision (CLAP) and partner CSOs, New Justice identified several communities that have needs, interest, and capacity to establish and develop CJCs. These communities are in Chernihiv, Kyiv, Khmelnytskyi, Poltava, and Donetsk Oblast. New Justice developed and published a Grant Announcement for CSOs on strengthening three existing CJCs and establishing two to four CJCs in capable and interested

communities. New Justice will collect applications and make grant awards through standard open competition in the next reporting period.

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 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 for this reporting period. 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 1 Objective 2 19 16 1 Objective 3 16 14 3 Objective 4 7 7 7 Objective 5 10 10 4 TOTAL 70 63 16

In this reporting period New Justice made measurable progress towards achieving 16 out of 63 (25%) targets set for this Program Year.

The areas where New Justice program made progress this quarter include: • Changes to legal and regulatory framework for judiciary in order to make it more independent and accountable. • Strengthening enforcement of court decisions through developing capacity of private enforcement agents. • Training judges and court staff including those who represent the newly created High Anti-Corruption Court. • Strengthening capacity of organizations who provide alternative disputes resolution (ADR) services. • Legal education reform including developing and implementation standards for legal education, establishing quality assurance unites and implementation modern curricula. • Promoting partnership between judiciary and civil society organizations. • Increasing the role of civil society in improving the justice sector in Ukraine.

The areas where New Justice did not achieve progress towards annual 2020 targets include: • Strengthening capacity of the High Council of Justice (HCJ), State Judicial Administration (SJA), and High Qualifications Commission of Judges (HQC) to proceed with reform in line with public expectations for independent, accountable and transparent judiciary.

• 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 HAC and HQC to implement judicial performance indicators. • 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 lacking progress towards achieving 2020 targets in this reporting period include: • The monopoly status of the state-owned enterprise Information Court Systems that not only creates corruption risks within the judiciary, but also creates unnecessary 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 – HCJ, HQC, SJA, NSJ, MOJ, Bar Association • October 2019 legislative changes related to are not supported by the key national judicial institutions – Supreme Court, HCJ, HQC and others as they may jeopardize the judicial independence from executive branch. • Judicial institutions’ delay of certain judicial reform activities for various reasons, ranging from inadequate state funding to lack of political consensus.

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 measurable progress: • Number of laws, regulations and procedures enhancing judicial independence adopted. In October 2019 the Verkhovna Rada adopted the Law on Amending Certain Laws Regarding the Activity of Judicial Governance Bodies. Although the Ukrainian judiciary as well as several international donors including the European Union and the Council of Europe have controversial opinion about this legislative amendment, New Justice counts this law towards mentioned above indicator because it implements nearly half of 150 recommendations developed by New Justice. The adopted Law address several critical issues for the Ukrainian judiciary including vetting the ethics and integrity of sitting Supreme Court justices and nominated candidates to the High Council of Justice, introducing a clearer timeframe for judicial disciplinary proceedings, improving functions of the High Qualifications Commission of Judges and increasing its transparency. Taking into consideration that these law amendments enhance judicial accountability, and accountability is a pre-requisite of judicial independence, New Justice considers this law as the one that enhances judicial independence. • Number of judicial personnel trained with USG assistance. In this reporting period New Justice trained 67 judges and judicial personnel on leadership, communication with public and international humanitarian law. • Number of organizations providing ADR services supported by Program. This indicator increased from 10 in the beginning of the quarter to 11. This increase by one organization is notable achievement because it counts the Association of Family Mediators – the new organization that with New Justice support actively started providing mediation services specifically in family disputes where demand is high and is constantly increasing. • Number of private enforcement agents trained and certified with New Justice support increased this quarter by nearly 10% - rom 192 to 217. This achievement is also notable because the enforcement of court decisions is one of the biggest issues for Ukrainian justice sector, and private enforcement agents have much higher effectiveness rate than state agents – 80% against 12%. • Number of quality assurance units in law schools established and functioning with New Justice support increased this quarter from 3 to 5 which is important because the quality of legal education is the key priority of legal education reform in Ukraine. • Number of law schools implementing methodology of class room effectiveness rating using New Justice-developed methodology increased this quarter from 2 to 7 which is also, as in the previous case, creates conditions for increasing quality of legal education.

New Justice learning from the Quarter 1 of Program Year 4 be further addressed include:

• Success of judicial reform and GOU anti-corruption policy requires all branches working together. New Justice will continue to support events and programs where the judiciary, executive branch, and civil society work together. • New Justice will develop capacity of its key civil society partners to develop clear strategies on their contribution to the justice sector and anti-corruption reform, and to hold them accountable for implementing these strategies. • New Justice will promote self-reliance of Ukrainian partners, taking into consideration two priorities – their commitment and capacity to proceed with improving justice sector and combatting corruption. • Justice sector reform at the local level is critically important as it is a pre-requisite for public confidence in the judiciary. New Justice will continue supporting local initiatives where courts, civil society, local government, local councils, and community leaders involved.

VII. LESSONS LEARNED • Purposeful donor coordination is critical to successfully support the improvement of the 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. • There is still a need to better communicate to the Parliament of Ukraine, judges, legal professionals, and the general public the importance of ADR implementation as an instrument for expanded access to justice. • The state of legal education in Ukraine should be discussed at the Verkhovna Rada level so that the legislature can be fully aware of the challenges and in turn, can allocate the necessary public resources for a comprehensive legal education reform, including the completion of institutionalization of MEISEE, as well as development and institutionalization of the USQE, to ensure Ukraine’s self-reliance with ensuring high legal education quality going forward. • Private Enforcement reform is brand new for Ukraine, thus not many experts are available to support drafting, review, and improvement of the legal framework, rules, and regulations covering the issue. As a result, many activities related to the reviews of laws and regulations were delayed under the sub-objective 3.4. In the future, it is warranted to consider such factors in scheduling experts’ workloads and the intensity of their involvement. • Advancing innovative solutions in justice sector services requires clear and regular communication between all stakeholders. Also, there is a need for ensuring judicial leadership and ownership, as well as innovators and private sector involvement in justice system services development.

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, in cooperation with IRF and MOJ, supported developing a community advisors institute in Ukraine. • New Justice, in cooperation with The Hague Institute for Innovation of Law foundation (HiiL) and Kyiv Legal Hackers community, supported startup entrepreneurs in bringing innovations to the justice sector. • New Justice closely cooperates with the EU Project “Support to Rule of Law Reforms in Ukraine (PRAVO-JUSTICE)”. The EU Delegation in advocating amendments to justice sector legislation to ensure their adherence to the international and European Standards of judicial independence. • New Justice cooperates with the USAID Financial Sector Transformation Project on building legal clinics’ capacities to carry out public legal education activities to increase citizens’ financial literacy. • 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 development of standards for legal education, trainings on interactive methods of teaching law, as well as the implementation of the MEISEE and development of the USQE. New Justice also cooperates with the American Council’s Strengthening Academic Integrity in Ukraine Project and the United Nations Office on Drugs and Crime’s Education for Justice Initiative on anticorruption education and developing integrity infrastructure in Ukrainian law schools.

X. PROGRESS ON LINKS TO HOST GOVERNMENT • With New Justice grant support and intensive technical assistance, Program partner CSOs established the first three 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 and CJC in Tatarbunary of Odesa Oblast. MOJ Coordination Center for Free Legal Aid Provision positively assessed the CJC pilot projects and included establishing CJCs in its draft Strategy for Decentralization of Free Legal Aid. • New Justice assisted the Working Group on Legal Education Reform of the Legal Reform Commission under the President of Ukraine in discussing and finalizing the draft Legal Education Reform Concept Paper. This effort supports the implementation of the President’s vision for a comprehensive justice sector reform, which, among other activities, includes legal education reform.

XI. PROGRESS ON INCLUSIVE DEVELOPMENT

• New Justice grantee Law and Democracy NGO continued activities aimed at improving access to the justice system for persons with impaired hearing through conducting trainings for court sign language interpreters. • New Justice supported activities aimed at expanding access to justice for women from vulnerable groups through developing standardized user-friendly content for courts’ websites and information boards, which contain information such as services provided by courts, governmental agencies, and relevant NGOs to GBV victims. • New Justice continued supporting Human Rights NGO and the Coordination Center for Legal Aid in designing and piloting training curriculum for lawyers providing free legal aid on communicating with people with mental and intellectual disorders.

XII. FINANCIAL INFORMATION

Per Section F of the prime contract, budget execution information will be provided in the Year 3 annual report.

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

XIV. ACTIVITY ADMINISTRATION A. Constraints and Critical Issues

Chemonics has not experienced any constraints or critical issues during the reporting period.

B. Personnel

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

Simultaneously with the end of the third project year, on October 31, 2019 the duration of Employment Agreements (EAs) of 20 New Justice team members expired. In line with the results of annual performance evaluation the respective Supplementary Agreements extending the EAs validity for one more year till October 31, 2020 were concluded with 19 employees. The term of the EA concluded with the Communications Assistant was not extended based on mutual agreement between the employee and the Program management.

Following the negotiations carried out between the New Justice and the Program office landlord, light renovation works were conducted in the premises located on the third floor of the Program office at the end of December 2019. The repairs were done at the cost of the landlord and included painting of walls and replacement of the ceiling and air-conditioning system.

During the reporting period, New Justice involved the expertise of 6 Short-Term Technical Assistance (STTA) Expatriates, 1 STTA Pro Bono Expatriates, and 5 STTA Cooperating Country National (CCN) experts. The STTA Expatriates included experts from the U.S. and Third Country National (TCN) experts representing Netherlands, Slovenia, and United Kingdom.

C. Contract Modifications and Amendments

Within the reporting period there were no amendments or modifications applied to the prime contract.

Program Registration and Protocols of Cooperation. New Justice entered into a protocol of cooperation with the High Anti-Corruption Court on October 18, 2019. The document outlined areas where joint actions can be taken and where mutual support can be provided.

There have been no updates/amendments introduced to the New Justice MOEDTU registration card during October-December 2019.

Work Planning. The New Justice Annual Implementation Plan for the period from October 1, 2019 to September 30, 2020 was approved by USAID.

Program Monitoring by Beneficiary. Per beneficiaries’ request, New Justice provided them with detailed reports on program activities with regard to activity for each objective for the second half of the 2019.

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 the rule of law donor assistance, including avoiding duplication of effort, New Justice conducted three rule of law donors and implementers meetings. These meetings included 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. Within the reporting period, the above-mentioned meetings covered issues related to challenges with the enforcement of judgments in Ukraine, activities and priorities of State Registration Sector, ensuring quality of mediation service in Ukraine, and the High Council of Justice plans and priorities.

XV. ATTACHMENTS A. List of Deliverables

Annex 01: Results of Monitoring the Supreme Court Case Law (Report) (Ukr.)

Annex 02: Results of Grant Project Implementation on Analysis of the Supreme Court Case Law (Report) (Ukr.)

Annex 03: Caseflow Management Curriculum Training Model (Report) (Eng.)

Annex 04: Caseflow Management Curriculum Training Model (Report) (Ukr.)

Annex 05: Comparative Table to the Draft Law of Ukraine “On Amending the Law of Ukraine on the Judiciary and Status of Judges and Several Other Laws” (regarding disciplinary liability of judges) (Draft) (Ukr.)

Annex 06: Explanatory Note to the Draft Law of Ukraine “On Amending the Law of Ukraine on the Judiciary and Status of Judges and Several Other Laws” (regarding disciplinary liability of judges) (Draft) (Ukr.)

Annex 07: Responses to HACC Judicial Administration (Report) (Eng.)

Annex 08: Report on the Assistance in Establishing Bachelor of Law Studies at Ukrainian Catholic University Using the Model Curriculum for Bachelor Studies (Eng.)

Annex 09: Report on the Development and Implementation of Abilities Testing in 2019 (Ukr.)

Annex 10: Draft Standards of Master’s Degree in Law in Ukraine (Eng.)

Annex 11: Draft Standards of Master’s Degree in Law in Ukraine (Ukr.)

Annex 12: Report with Comments and Recommendations on the Draft Standards of Master’s Degree in Law in Ukraine (Eng.)

Annex 13: Report with Comments and Recommendations on the Draft Standards of Master’s Degree in Law in Ukraine (Ukr.)

Annex 14: Report on the Design, Development, and Implementation of the Unified State Qualifications Exam for Law Schools Master Program Graduates in Ukraine (Eng.)

Annex 15: Report on the Design, Development, and Implementation of the Unified State Qualifications Exam for Law Schools Master Program Graduates in Ukraine (Ukr.)

Annex 16: Report on Enhancing Academic Integrity in Ukrainian Higher Education: Comments on proposed Procedure for the Annulment of Decisions of Specialized Academic Councils to Confer a Research Degree (Eng.)

Annex 17: Report on Enhancing Academic Integrity in Ukrainian Higher Education: Comments on proposed Procedure for the Annulment of Decisions of Specialized Academic Councils to Confer a Research Degree (Ukr.)

Annex 18: Manual on Communicating with people with Intellectual and Phycological Disorders. (Ukr.)

Annex 19: Report on Accreditation of Law Schools in the U.S.: History, procedure, and lessons learned (Eng.)

Annex 20: Report on Accreditation of Law Schools in the U.S.: History, procedure, and lessons learned (Ukr.)

Annex 21: Anti-Corruption Education for Law Students: A Workshop Resolution and Model Anti- Corruption Compliance Policy for Ukrainian Universities (Eng.)

Annex 22: Anti-Corruption Education for Law Students: A Workshop Resolution and Model Anti- Corruption Compliance Policy for Ukrainian Universities (Ukr.)

Annex 23: Layouts of information materials for courts’ information boards and websites (Ukr.)

Annex 24: Review of Public Integrity Council Indicators of Integrity and Professional Ethics (Report) (Eng.)

Annex 25: Review of Public Integrity Council Communications Strategy (Report) (Eng.)

Annex 26: Public Integrity Council Annual Report 2019 (Ukr.)

Annex 27: Draft PIC Communications Strategy (Ukr.)

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 Quarter 1 of FY2020. Table also contains necessary notes and explanations for each indicator.

Actual Actual Actual Actual Log Frame Indicator Baseline Baseline Target Log Frame Statement Annual Annual Annual Quarter Notes and Explanations ID Level M - Y Value 2020 2017 2018 2019 1, 2020

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

Ratio of Ukrainian This indicator is measured justice system annually. Indicator 1 compliance with the Outcome Oct-17 0.54 0.54 0.56 0.5735 0.5735 0.8 Current figure is FY2019 Venice Commission data assessed by Rule of Law Checklist Stakeholder Advisory Group (SAG) in July 2019.

Objective 1 Judicial Independence and Self-Governance strengthened

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 of ER 1.1.1 judges), comply with international and European standards of judicial independence, and reflect citizen input

Actual Actual Actual Actual Log Frame Indicator Baseline Baseline Target Log Frame Statement Annual Annual Annual Quarter Notes and Explanations ID Level M - Y Value 2020 2017 2018 2019 1, 2020 Annual indicator. Current data represents the latest annual survey of SAG Indexed score for members. Score 5.9 out of European Network of possible 10 means yellow Councils for Judiciary (neutral) conditions for (ENCJ) basket of judicial independence in Indicator 2 Outcome Apr-17 5.8 5.8 5.9 5.9 5.9 8 indicators for Ukraine. This is an integral objective and score that combines subjective judicial indicators for legal base of independence. judicial independence, organizational autonomy, funding, human resource decisions, public trust etc. Inclusive consultative processes for developing and implementing constitutional amendments, legislation, and other normative acts related to ER 1.1.2 judicial independence established Number of judicial personnel, GOU, and 629 911 civil society representatives involved in public discussions on the No changes in this reporting Indicator 3 Output Sep-16 0 287 0 400 implementation of (57% (61% period constitutional and women, women, legislative 43% 39% amendments men men) regarding justice sector reform The Judiciary positively influences the parliament and executive branch in the development and allocation of legislation affecting the judiciary, ER 1.1.3 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 Log Frame Indicator Baseline Baseline Target Log Frame Statement Annual Annual Annual Quarter Notes and Explanations ID Level M - Y Value 2020 2017 2018 2019 1, 2020 Number of laws, regulations and Law on Amending Certain Laws Regarding the Activity Indicator 4 procedures enhancing Output Sep-16 21 2 1 19 8 1 of Judicial Governance judicial independence Bodies adopted in Oct 2019. adopted S-O 1.2 Judicial Self-Governance Strengthened Annual indicator. Current Indexed Score of ENCJ data represents the latest indicator on survey of SAG members. Score 6.6 out of possible 10 Indicator 5 Organizational Outcome Apr-17 7.7 6.4 6.6 8 6.6 6.6 means green (positive) Autonomy of the conditions of organizational Judiciary 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 measured annually through national surveys. The current data represents the most recent national survey of judges Percent of judges and completed in November judicial personnel 2018. 46% of survey respondents agreed to the Indicator 6 who consider judicial Outcome Apr-17 38% 38% 38% 46% 50% 46% statement "I believe the High self-governance in Council of Justice has Ukraine effective adequate mechanisms and procedures to ensure efficient protection of judicial independence", 2018 annual target was 45%. The Judiciary exerts leadership in developing strategies, objectives, and initiatives to effectively promote and protect its independence, while ER 1.2.2 ensuring accountability, integrity, transparency and high ethical standards

Actual Actual Actual Actual Log Frame Indicator Baseline Baseline Target Log Frame Statement Annual Annual Annual Quarter Notes and Explanations ID Level M - Y Value 2020 2017 2018 2019 1, 2020 Annual indicator. Current Indexed Score of ENCJ data represents the latest Indicator 5 indicator on survey of SAG members. Score 6.6 out of possible 10 measures Organizational Outcome Apr-17 7.7 6.4 6.6 6.6 8 6.6 means green (positive) this ER Autonomy of the conditions of organizational Judiciary autonomy of judiciary in Ukraine. ER 1.2.3 Representation and leadership of women judges in judicial governance bodies and courts enhanced Percent of female Current figure represents chief judges in courts second SJA assessement of and female gender balance of Ukrainian Indicator 7 Outcome Mar-17 TBD N/A 36% 36% 36% 35% courts conducted in January chairpersons in 2019. Current number of judicial governance female chief judges is 210 bodies out 585 which is 35.9%. ER 1.2.4 Participation and inclusion of judges, judicial personnel, advocates, and citizens in judicial governance strengthened

Annual indicator. Current Indicator 5 Indexed Score of ENCJ data represents the latest mentioned indicator on survey of SAG members. Score 6.6 out of possible 10 above Organizational Outcome Apr-17 7.7 6.4 6.6 6.6 8 6.6 means green (positive) measures Autonomy of the conditions of organizational this ER Judiciary autonomy of judiciary in Ukraine. 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 performance operations in Oct 2019 due Indicator 8 Output Sep-16 10 10 10 10 N/A 10 indicators adopted to legislative changes. Target and implemented for 2020 revised. Rules regarding corruption, judicial ethics and illegal conduct, as well as related disciplinary sanctions and enforcement procedures, ER 1.2.6 strengthened

Actual Actual Actual Actual Log Frame Indicator Baseline Baseline Target Log Frame Statement Annual Annual Annual Quarter Notes and Explanations ID Level M - Y Value 2020 2017 2018 2019 1, 2020

ER 1.2.7 Reporting of corruption, unethical or illegal conduct simplified and made more accessible for judges, judicial personnel, advocates, and citizens

ER 1.2.8 Protections increased for individuals who report corruption, unethical or illegal conduct against judges, judicial personnel and advocates

No changes in this reporting Number of newly period. developed or New Justice continues to improved tools for work with international and reporting corruption, Ukrainian short-term Indicator 9 unethical or illegal Output Sep-16 0 0 0 0 0% 7 experts to develop conducts such as recommendations to the standardized forms, GOU regarding the effective web-based petitions, mechanisms for incentives and protection for hotlines etc individuals who report corruption. S-O 1.3 Judiciary exercises independence effectively Annual data. Current data represents the latest survey of SAG members. Score 3.5 Indexed score for out of possible 10 means European Network of orange (negative) rate of Indicator Councils for Judiciary subjective judicial Outcome Apr-17 4.6 3.6 3.5 3.5 3.5 7 10 (ENCJ) indicators for independence. This subjective judicial indicator assesses public independence trust in the judiciary and perception of judicial independence by public in general and by court users. ER 1.3.1 The Judiciary exercises independence with regards to judges, personnel, budget authority, and other areas of judicial competence

Actual Actual Actual Actual Log Frame Indicator Baseline Baseline Target Log Frame Statement Annual Annual Annual Quarter Notes and Explanations ID Level M - Y Value 2020 2017 2018 2019 1, 2020 Annual indicator. Current data represents the latest Index score for ENCJ survey of SAG members. Indicator Score 5.4 means yellow indicator for funding Outcome Apr-17 4.3 4.3 5.4 5.4 5.4 7 11 (neutral) rate for funding of of the Judiciary the judiciary in Ukraine and it’s progress comparing to the year 2017. 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 Percent of HCJ and refers to HCJ only. Indicator HQC decisions Output Apr-17 62% 86% 100% 100% 100% 100% 12 published on their HQC suspended its operations in Oct 2019 due websites 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

Percent of judges, Annual indicator. Current judicial personnel and data combines results of the advocates who second annual survey of Indicator acknowledge their judges, court staff and the Outcome Jul-17 45% 30.50% 32.10% 63% 63% 70% fourth bi-annual survey of 13 responsibility for legal professionals reporting corruption, (attorneys and prosecutors) unethical or illegal participating in court conduct by their peers 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

Actual Actual Actual Actual Log Frame Indicator Baseline Baseline Target Log Frame Statement Annual Annual Annual Quarter Notes and Explanations ID Level M - Y Value 2020 2017 2018 2019 1, 2020 This indicator measured annually. The current data derives of October 2018 Percent of survey New Justice national public respondents who survey where 20.4% of report known or survey respondents Indicator admitted that they will personally Context Sep-17 25.30% 25.30% 20.40% 20.40% 20.40% N/A 14 report corruption cases to experienced cases of anti-corruption authorities, corruption, unethical, law enforcement or judicial or illegal conduct authorities. This is significantly lower than baseline. Next survey is scheduled for 2020 spring. ER 1.3.8 Number of disciplinary measures against judges, judicial personnel and advocates for corruption, unethical or illegal conduct increased Number of discipline Indicator sanctions Outcome Sep-16 4 4 4 4 4 7 No changes since baseline. 15 implemented by judiciary and bar SO 1.4 Improper and unlawful external influence on Judiciary reduced Annual indicator. Current Indexed score for data represents 2018 survey procedures in case of of SAG members. Indicator threat to Score 4.4 means orange Outcome Apr-17 4.4 4.4 4.4 7 (negative) status of 16 independence. Part of 4.4 4.4 procedures in case of threat ENCJ basket for to judicial independence, e.g. judicial independence 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

Actual Actual Actual Actual Log Frame Indicator Baseline Baseline Target Log Frame Statement Annual Annual Annual Quarter Notes and Explanations ID Level M - Y Value 2020 2017 2018 2019 1, 2020 Score for quality of Annual indicator. 2019 data Indicator judgment in European refers to latest EBA Court Context Sep-16 2.81 2.92 2.81 2.81 N/A N/A Index Report published in 17 Business Association April 2019. Expected next Court Index Court Index in April 2020. Members of the Presidential Administration, Government and Parliament engage the Judiciary in a constructive manner that respects judicial ER 1.4.2 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 Indexed score for data represent the latest Indicator procedures in case of survey of SAG members. 16 threat to Score 4.4 means orange Outcome Apr-17 4.4 4.4 4.4 7 (negative) status of measures independence. Part of 4.4 4.4 procedures in case of threat these ERs ENCJ basket for to judicial independence, e.g. judicial independence 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 Indicator their readiness to Annual indicator. Current Outcome Jul-17 13.06% 13.06% 5.60% 5.60% 5.60% 15% data refers to the latest 18 report improper or national survey of Judges. illegal interference in their judicial decision making

Actual Actual Actual Actual Log Frame Indicator Baseline Baseline Target Log Frame Statement Annual Annual Annual Quarter Notes and Explanations ID Level M - Y Value 2020 2017 2018 2019 1, 2020

Objective 2

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 procedures – Index score ENCJ 7, periodic reporting – Indicator indicators for 4.9, relations with press Outcome Apr-17 6.8 6.03 6.6 6.6 8 19 accountability of the 6.6 – 9.2, external audit – judiciary and judges 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 Ukrainian Kyiv Administrative Court of courts and judicial Indicator Appeals is the only one court institutions that Output Sep-17 0% 0% 0.20% 0.20% N/A TBD of Ukraine that developed 20 develop and publish and published annual report annual reports. for 2017. ER 2.1.1 Increased awareness among citizens of the right to and limitations of judicial transparency in courtroom proceedings and judicial governance

Increased public access to courtroom and judicial governance proceedings in-person, on-line, via TV/radio, or through archived recordings and ER 2.1.2 records

Actual Actual Actual Actual Log Frame Indicator Baseline Baseline Target Log Frame Statement Annual Annual Annual Quarter Notes and Explanations ID Level M - Y Value 2020 2017 2018 2019 1, 2020 Annual indicator. Current data represents FY2019 Percent of citizens public survey results where Indicator reporting that 16% of respondents agreed Context Sep-17 13.40% 13.40% 16% 16% 16% 25% with the statement that 21 judiciary is open and “Ukrainian Judiciary is transparent transparent and open for public, media and civil society” ER 2.1.3 Increased outreach by the Judiciary to the public and press Number of communication New Justice support HCJ, COJ Indicator strategies and SJA in preparing unified Output Sep-16 24 25 25 N/A 0 50 22 implemented by template for court courts and judicial communication strategy. institutions 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 There are 8,249 financial and assets declarations from judges for calendar year 2018 posted in Unified Registry of Public Officials Percent of financial Declarations. However this and assets number exceeds the actual declarations by judges Indicator number of judges in Ukraine and judicial personnel Outcome Mar-18 TBD N/A N/A N/A 100% which according to SJA is 23 N/A posted in Unified 5,253. The higher numerator Registry of Public is the result of some judges Officials Declarations submitting more than one declaration for reporting period because making mistakes in previous submission. Having said that the conclusion is that GOU at

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 27 (48% 137 (53% government officials Indicator Women, Women, No changes in this reporting receiving USG- Output Sep-16 0 92 0 500 24 52% 47% period. supported anti- Men) Men) corruption training ER 2.2.2 Judiciary coordinates with the NAPC to develop and implement corruption-prevention measures within the Judiciary

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 reporting Output Sep-16 0 0 0 2 0 11 25 corruption 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 Indicator between judicial No changes in this reporting Output Sep-16 0 0 0 0 0 11 26 representatives and period. parliament

Actual Actual Actual Actual Log Frame Indicator Baseline Baseline Target Log Frame Statement Annual Annual Annual Quarter Notes and Explanations ID Level M - Y Value 2020 2017 2018 2019 1, 2020 representatives to facilitate judicial independence and freedom from interference S-O 2.3 Social Accountability - Judiciary Held Accountable by Citizens, Civil Society and Independent Media New Justice partner CSOs Percent of Ukrainian completed user satisfaction Indicator courts that implement surveys in all courts of 23 Output Sep-16 42% N/A N/A 81% 81% 75% 27 user satisfaction oblasts and city of Kyiv. It's surveys 613 (81%) of all courts in Ukraine. Percent of partner CSOs performance User satisfaction surveys Indicator improvement have been completed in the Outcome Sep-16 57% N/A N/A 57% N/A 75% end of FY2019. New Justice 28 recommendations currently is analyzing the implemented by results. courts 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 No changes in this reporting implementation and Output Sep-16 21,151 7,180 47%, Women, 0 50,000 29 period monitoring and court Women 50% performance 53%) Men) evaluation ER 2.3.2 Court operations improved through direct citizen feedback (e.g., CRCs)

Indicator CRC integral score for Annual indicator. User Outcome 16-Sep 0.84 N/A N/A 0.866 0.866 0.85 satisfaction surveys in 613 30 participating courts Ukrainian courts completed.

Actual Actual Actual Actual Log Frame Indicator Baseline Baseline Target Log Frame Statement Annual Annual Annual Quarter Notes and Explanations ID Level M - Y Value 2020 2017 2018 2019 1, 2020 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) Number of formalized linkages between civil society and judicial, Progress in this reporting governmental and period: added 11 MOUs Indicator concluded by Association of parliamentary Output Sep-16 0 16 40 26 37 50 31 Investigative Judges to institutions support Odesa Community established, Justice Center. documented and implemented ER 2.3.4 Percent of survey respondents who Annual indicator. Current Indicator indicate that are fully data represent the latest Context Sep-16 7% 9% 16% 16% 16% 21% 32 aware and mostly national public survey aware about the results conducted in FY2019 judicial reform ER 2.3.5 Citizen reports to anti-corruption organizations and agencies increased

Percent of survey respondents who Annual indicator. Current Indicator indicate their data represents national Context Sep-16 50% 55% 69% 70% 33 extremely negative 69% 69% public survey results attitude towards conducted in FY2019. corruption

ER 2.3.6 Judicial-reform oriented CSOs organizational capacity score increased

Actual Actual Actual Actual Log Frame Indicator Baseline Baseline Target Log Frame Statement Annual Annual Annual Quarter Notes and Explanations ID Level M - Y Value 2020 2017 2018 2019 1, 2020

USAID CSO 5.12 5.12 5.12 3.5 Sustainability Index The annual 2019 data is Indicator currently under processing. for project partner Outcome Sep-16 N/A N/A 34 (max Expected to generate the judicial reform (max 1, (max 1, (max 1, score next reporting period. 1, min oriented CSO min 7) min 7) min 7) 7) ER 2.3.7 Professional associations and Bar associations increase capacity for self-regulation and professional standards among members USAID CSO Indicator Sustainability Index Outcome Sep-17 TBD 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 skills in their No programmatic activities Indicator professional activities related to this indicator took Output Sep-16 0 N/A N/A N/A N/A N/A 36 reporting on place during this reporting corruption, judicial period. 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 Number of CSOs Current data counts 11 CSOs Indicator analyzing financial who delegated their Output Sep-16 1 1 9 11 11 11 representatives to new 37 assets declarations by composition of Public judges and court staff Integrity Council

Actual Actual Actual Actual Log Frame Indicator Baseline Baseline Target Log Frame Statement Annual Annual Annual Quarter Notes and Explanations ID Level M - Y Value 2020 2017 2018 2019 1, 2020

Objective 3 Administration of Justice Enhanced Ratio of Ukrainian justice system Annual indicator. Baseline compliance with the assessment took place in Commission for Indicator 2019 with 101 local and 12 Efficiency of Justice Outcome Sep-18 0.6 N/A 0.6 appellate courts. Ratio is 0.6 38 0.6 0.6 0.7 (CEPEJ) Check-list for out of 1, for local courts is Promoting the Quality 0.59 and for appellate courts of Justice and the 0.62. Courts Number of USG- assisted courts with Indicator No changes in this reporting improved case Output Sep-16 383 81 136 177 N/A 500 39 period. management 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 Indicator cancelled due to Judicial Support lack of HCJ, HQC, SJA and Indicator Excellence (IFJSE) MOJ capacity to implement Outcome N/A TBD N/A N/A N/A N/A TBD 40 score for justice sector International Framework for supporting Judicial Support Excellence. institutions (MOJ, Replace by indicator 40a. HQC, HCJ etc.)

Actual Actual Actual Actual Log Frame Indicator Baseline Baseline Target Log Frame Statement Annual Annual Annual Quarter Notes and Explanations ID Level M - Y Value 2020 2017 2018 2019 1, 2020 Number of court policies and/or This reporting period counts procedures developed procedure for (1) Indicator and/ or improved submission of electronic Output Sep-19 5 N/A N/A N/A 2 10 40A with USAID support to documents to courts and (2) govern and manage policy on creating back court operations and offices of HCJ 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

Number of courts Indicator All Ukrainian courts at the implementing e- Output Mar-16 3 613 613 500 moment are 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 Current data refers to 2018 Clearance rate of SJA judicial statistics. Ukrainian courts (key Indicator Indicator is 88% for local CEPEJ indicator for Context Mar-16 99% 88.50% 93% 91% 91% 99% courts and 100% for 42 the efficiency of appellate courts. 2019 data justice) is expected in February 2020. Judicial budgeting, financial management, internal controls and external auditing improved and compliant with national laws an international ER 3.1.5 best practice ER 3.1.6 Judicial procurement systems more transparent and compliant with national laws and international best practices

Actual Actual Actual Actual Log Frame Indicator Baseline Baseline Target Log Frame Statement Annual Annual Annual Quarter Notes and Explanations ID Level M - Y Value 2020 2017 2018 2019 1, 2020 Current data is based on 2018 SJA annual statistics Efficiency use of on cases processed by resources in Ukrainian courts and Ukrainian courts budget funding used to Indicator calculated by CEPEJ- Context Mar-16 80% 91% 64% 78% N/A N/A process these cases. 43 recommended Indicator is calculated method of simple using statistics linear regression regression. 2019 data is expected next reporting period. 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

This quarter New Justice 522 964 908 67 trainined judges and judicial Number of judicial personnel on leadership, personnel trained communication and Indicator international humanitarian with USG assistance Output Sep-16 5,067 (64% (58% (58% (70% 500 44 law. In addition this quarter (FAF Standard DR.1.3- women, women, women, women, data counts training for law 1). 36% 42% 42% 30% professors on gender men) men) men) men) mainstreaming in legal education. ER 3.2.3 Judicial personnel demonstrate competencies in key areas of management and operational support Number of court Indicator No changes in this reporting administrators Output Sep-16 120 N/A N/A 28 0 50 45 period. . certified

Actual Actual Actual Actual Log Frame Indicator Baseline Baseline Target Log Frame Statement Annual Annual Annual Quarter Notes and Explanations ID Level M - Y Value 2020 2017 2018 2019 1, 2020 Attitude of judges and judicial personnel of themselves and their peers is positive (e.g., self-image as honest, professional, performing a public ER 3.2.4 service, not-corrupt) Percent of judges and Annual indicator. Current judicial personnel data refers FY2019 national annual survey Indicator survey of judges. 95% of respondents who Outcome Sep-16 89% 94.40% 94.40% 95% 95% 95% survey respondents agreed 46 admit their positive to the statement "Judges in attitude to themselves your Court are highly skilled and their peers professionals" By the end of the Program, the NSJ is able to provide high-quality, modern, professional development services to judges and judicial personnel ER 3.2.5 with limited donor support Number of training curricula implemented by NSJ Indicator No changes in this reporting without donor Output Sep-16 5 7 7 7 10 47 7 period support (or very limited donor support) S-O 3.3 Mediation and Alternative Dispute Resolution (ADR) Strengthened Number of organizations Indicator Progress in this reporting providing ADR Outcome Sep-16 7 7 10 11 20 period: added Association of 48 7 services supported by Family Mediators Program Comprehensive analyses of current context, barriers and opportunities for developing mediation and other ADR processes in Ukraine ER 3.3.1 completed Normative (legislative, regulatory) framework for mediation and other ADR processes strengthened consistent with international best ER 3.3.2 practices.

Actual Actual Actual Actual Log Frame Indicator Baseline Baseline Target Log Frame Statement Annual Annual Annual Quarter Notes and Explanations ID Level M - Y Value 2020 2017 2018 2019 1, 2020 Number of laws, regulations and Indicator procedures for ADR No changes in this reporting Output Sep-16 0 0 0 0 0 5 49 processes developed period. and improved with 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 Organizational data calculated based on the capacity score for result of organizational Indicator association of capacity expert assessment Outcome Sep-17 5.8 5.8 5.8 5.8 5.8 4 50 mediators using the of the Ukrainian National CSO Sustainability Association of Mediators Index 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 Number of project No changes in this reporting supported newly period. New Justice adopted and conducted survey of private Indicator improved laws, enforcement agents and now Output Sep-16 0 0 5 0 0 5 processing survey results to 51 regulations and developed procedures for recommendations on enforcement of improving existing judgments procedures. ER 3.4.3 Association of Enforcement Agents established and cadre of private enforcement agents trained and certified

Actual Actual Actual Actual Log Frame Indicator Baseline Baseline Target Log Frame Statement Annual Annual Annual Quarter Notes and Explanations ID Level M - Y Value 2020 2017 2018 2019 1, 2020 Number of private Current data is cumulative Indicator enforcement agents as of today, based on Output Sep-16 0 94 154 192 217 250 52 trained and certified information received by with USAID support New Justice from MOJ Enforcement agents equipped with the necessary systems, tools, and sufficient budgetary support to manage case load and adequately care for ER 3.4.4 assets under their supervision ER 3.4.5 Judgments are enforced in a timely and effective manner Current data represents Percent of judgments statistics from private Indicator enforced within enforcement agents for Context Dec-16 14% N/A 12.80% 12.80% 12.80% TBD 53 timeframe stipulated 2017-2018. Updates are by law expected next reporting period. .

Objective 4 Quality of Legal Education Strengthened

Actual Actual Actual Actual Log Frame Indicator Baseline Baseline Target Log Frame Statement Annual Annual Annual Quarter Notes and Explanations ID Level M - Y Value 2020 2017 2018 2019 1, 2020 New Justice provides assistance to 24 law schools. In this reporting period we added: National Academy of Legal Sciences, Yaroslav Mudryi National Law University, Ivan Franko Lviv National University School of Law, Vasyl Stefanyk National University School of Law, Volodymyr Vernadskyi Tavriyskyi Number of host National University School country tertiary of Law, Lesiya Ukrainka education institutions Indicator East-European National receiving capacity Output Sep-16 10 9 11 11 24 20 University School of Law, 54 development support Khmelnytskyi University of with USG assistance Public Administration and (FAF ES.2-1) Law, Elie Metchnikoff Odesa National University School of Law, Vadym Hetman Kyiv National University School of Law, National Aviation University School of Law, University of Economics and Law “Krok”, Fedir Burchak Academic and Research Institute for Private Law and Commerce, Kyiv University of Tourism, Economics, and Law. 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 key ER 4.1.1 stakeholders including representatives of civil society

Actual Actual Actual Actual Log Frame Indicator Baseline Baseline Target Log Frame Statement Annual Annual Annual Quarter Notes and Explanations ID Level M - Y Value 2020 2017 2018 2019 1, 2020

In this reporting period New Justice completed 5 new policies/procedures development. In addition to the annual 2019 data we added: • Legal education quality Number of policies assurance policy and and/or procedures procedures developed with USAID • Procedures for self- Indicator support regarding assessments of legal Output Sep-16 0 2 0 2 7 10 55 national standards for education quality legal education and • Academic integrity policy implemented by law • Standards and procedures school for assessment of law schools’ legal clinics • Amendments to the Law on Higher Education providing for legal education-specific requirements for law school licensing. 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- 76 345 154 level educators and 25 This reporting period counts faculty who complete training for law school Indicator (women (women professional Output Sep-16 149 (women 300 professors on gender 56 58%, 48%, (women mainstreaming in legal development 62%, men men men 100%) education activities with USG 38%) assistance. 42%) 52%) Law schools revise policies, procedures, and legal education practices in compliance with national standards for legal education and ER 4.1.3 accreditation

Actual Actual Actual Actual Log Frame Indicator Baseline Baseline Target Log Frame Statement Annual Annual Annual Quarter Notes and Explanations ID Level M - Y Value 2020 2017 2018 2019 1, 2020 Number of host country tertiary Indicator education institutions In this reporting period we 54 added 13 law schools, receiving capacity Output Sep-16 10 9 11 11 24 20 measures current cumulative number development support this ER is 24. with USG assistance (FAF ES.2-1) ER 4.1.4 A minimal standard and gold standard accreditation is adopted to increase competition among the law schools Number of policies and/or procedures Indicator developed with USAID 55 support regarding In this reporting period we Output Sep-16 0 1 0 2 7 10 added 5 new policies measures national standards for adopted. Target set at 10 this ER legal education and implemented by law school 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 leading ER 4.2.1 law schools Law school administrators, faculty leadership, instructors, and student government representatives trained on nature, scope, and operation of ER 4.2.2 QAF ER 4.2.3 Quality Assurance Units in leading law schools established and functioning Quality Assurance Units established and functioning Number of quality with New Justice's support assurance units in law Indicator at following law schools: 1) schools established Output Sep-16 0 N/A 3 5 20 Odesa Law Acatemy, 2) Yuri 57 2 and functioning with Fedkovych, 3) National Law USAID support Academy, 4) Academy of Advocacy, 5) Kyiv Mohyla Academy

Actual Actual Actual Actual Log Frame Indicator Baseline Baseline Target Log Frame Statement Annual Annual Annual Quarter Notes and Explanations ID Level M - Y Value 2020 2017 2018 2019 1, 2020 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 into ER 4.3.1 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 This reporting period data counts Odesa Law Academy, Yaroslav Mudryi Law Number of law University, Ukrainian schools implementing Catholic University School of methodology of class Indicator Law, Kyiv-Mohyla Academy room effectiveness Output Sep-16 2 2 2 2 7 10 School of Law, Ostroh 58 rating using USAID- Academy School of Law, Ivan developed Franko National Law methodology University School of Law, and Uzhorod National University School of Law ER 4.3.4 Judicial clerkship program created in coordination with judicial self-governance bodies and courts Number of law Indicator schools implementing No changes in this reporting Output Sep-16 0 0 0 0 0 3 59 judicial clerkship period 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. Number of legal education partners Indicator concluded No changes in this reporting Output Sep-16 3 5 8 8 10 60 memorandum of 7 period. understanding with USAID.

Actual Actual Actual Actual Log Frame Indicator Baseline Baseline Target Log Frame Statement Annual Annual Annual Quarter Notes and Explanations ID Level M - Y Value 2020 2017 2018 2019 1, 2020

Objective 5 Access to Justice Expanded and Human Rights Protected

S-O 5.1 Justice Accessible to Citizens, including the Most Vulnerable In this reporting period New Number of 476 14 Justice partner CSO Human professionals trained Rights trained lawyers to increase justice providing free legal aid on Indicator (Women accessibilities (sign Output Sep-16 589 0 90 (Women 100 communicating with people 61 60%, with intellectual and language interpreters, 50%, Man Man phycological disorders. judges, judicial 50%) personnel) 40%) Annual target for 2020 revised from 400 to 100. Physical, geographic, cultural, financial, informational, legal and procedural barriers to the courts removed or lowered for all citizens, including ER 5.1.1 vulnerable groups ER 5.1.2 Citizens’ access to court information increased CRC annual index for Indicator accessibility of court CRC survey completed, data Outcome Sep-16 0.84 N/A N/A 0.86 0.86 0.88 represent combined score 62 facility and access to for 613 courts. information 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 courts Indicator CRC survey completed, data implementing e- Outcome Sep-16 0.76 N/A N/A 0.86 0.86 0.88 represent combined score 63 justice for 613 courts. ER 5.1.4 Citizens access to court-annexed mediation/ADR processes developed under 3.3 increased Data refers to 2019 CRC Percent of CRC survey surveys in 613 courts. respondents that Indicator 22.7% of respondents indicate their Context Sep-17 15.00% N/A N/A 22.70% 22.70% TBD answers "Aware in full" or 64 awareness about ADR "Mostly aware" to CRC opportunities question "To which degree you are aware about the

Actual Actual Actual Actual Log Frame Indicator Baseline Baseline Target Log Frame Statement Annual Annual Annual Quarter Notes and Explanations ID Level M - Y Value 2020 2017 2018 2019 1, 2020 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 Annual indicator. This quarter data counts January Percent of judges, 2019 survey of legal judicial personnel and professionals working in advocates annual courts but who are not survey respondents Indicator judicial employees who acknowledge Outcome Sep-18 41% N/A 41% 55% 55% TBD (advocates only) and 65 applying their November 2018 survey knowledge of the judges. Disaggregation: rights of vulnerable judges - 66% (of those who groups in their job experienced such cases), attorneys and prosecutors - 44%. ER 5.1.7 Citizens, including vulnerable groups, actively participate in access to justice reforms Number of vulnerable group representatives 1,006 282 participating in (Women Indicator (Women No changes in this reporting project-supported Output Sep-16 50 0 66%, 0 150 66 82%, Men period public events on Men 18%) access to justice 34%) reforms S-O 5.2 Human Rights Protected, especially the rights of the most vulnerable 119 This reporting period counts Number of human training in human rights Indicator (Women rights defenders Output Sep-16 0 0 0 0 150 protection in armed conflict 67 61%, Man trained and supported and training for young 39%) lawers in legal innovations.

Actual Actual Actual Actual Log Frame Indicator Baseline Baseline Target Log Frame Statement Annual Annual Annual Quarter Notes and Explanations ID Level M - Y Value 2020 2017 2018 2019 1, 2020 Awareness of human rights and humanitarian law, how to exercise those rights, and the role of the courts in protecting human rights increased ER 5.2.1 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 Annual indicator. Current Per cent of judges, data counts January 2019 judicial personnel and survey of legal advocates who professionals working in acknowledge their full courts but who are not Indicator or mostly full Outcome Sep-18 45% N/A 45% 51% 51% 50% judicial employees 68 awareness about the (advocates only) and rights of vulnerable November 2018 survey of groups and judges. Disaggregation: humanitarian law judges - 55%, attorneys and prosecutors - 43%. Human rights coalitions monitor and successfully advocate the GOU, Judiciary, and Legal Aid Centers for increased protection of human rights ER 5.2.4 by the courts Number of policy paper proposals, reports, and Indicator assessments prepared No changes in this reporting Output Sep-16 0 0 0 0 0 9 69 by human right period. 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 rights ER 5.2.5 and humanitarian law through the courts Indicator Percent of judges who Related activity cancelled. Outcome Jan-19 TBD N/A N/A N/A N/A N/A 70 report their Indicator replaced with 70a

Actual Actual Actual Actual Log Frame Indicator Baseline Baseline Target Log Frame Statement Annual Annual Annual Quarter Notes and Explanations ID Level M - Y Value 2020 2017 2018 2019 1, 2020 awareness of the Amicus Curie Institute Number of coordination meetings between the judiciary Indicator New indicator from Oct and human rights Outcome Oct-19 0 N/A N/A N/A 0 2 70a 2019 insitutions aimed at imrpoving human rights through courts

D. Grants and Subcontracts Table IP USAID Subawa USAID Nam Project / Subaward Techn Subawardee Start End rdee Development Award e Activity Amount, Subaward Description ical Name Date Date Webpag Objective No. (Pri Name USD Office e me) MORE Subcontract to deliver PARTICIPA Contract: computer equipment and TORY, AID- peripherals for the Access TRANSPAR OAA-I- Nove to Justice Innovation ENT AND 13- Pravosud Center, the National ACCOUNTA 00032, dya Agency for the Quality BLE Order Justice Assurance of Higher GOVERNAN AID-121- Che Sector Ulys October Education and the High http://ul CE TO-16- moni Reform Systems August 15, 113,121.8 Anti-Corruption Court of yssys.c PROCESSE DRG 00025 cs Program LLC 8, 2019 2019 8 Ukraine om/ S The grant project aims at evaluation of effectiveness of the tools used to identify the suitability of judges appointed (elected) before the amendments to the MORE Constitution of Ukraine PARTICIPA Contract: (regarding justice) to the TORY, AID- Nongovern position of a judge and for TRANSPAR OAA-I- Nove mental verifying the capability of ENT AND 13- Pravosud Organizatio judicial candidates to ACCOUNTA 00032, dya n “Institute administer justice; BLE Order Justice for Applied evaluation of GOVERNAN AID-121- Che Sector Humanitari August Decemb effectiveness of the tools http://w CE TO-16- moni Reform an 15, er 31, used to verify judge's ww.iahr. PROCESSE DRG 00025 cs Program Research” 2018 2019 14,374.35 integrity under judicial com.ua S

IP USAID Subawa USAID Nam Project / Subaward Techn Subawardee Start End rdee Development Award e Activity Amount, Subaward Description ical Name Date Date Webpag Objective No. (Pri Name USD Office e me) selection and evaluation procedures; improvement of normative framework and practices of the agencies authorized to select and evaluate judges

MORE PARTICIPA Contract: TORY, AID- TRANSPAR OAA-I- Nove This grant project is ENT AND 13- Pravosud aimed at facilitation of ACCOUNTA 00032, dya Civic access for people to BLE Order Justice Association justice, administrative and GOVERNAN AID-121- Che Sector “Legal Novemb Novemb social services, legal aid http://ld CE TO-16- moni Reform Developme er 12, er 12, services and alternative n.org.ua PROCESSE DRG 00025 cs Program nt Network” 2018 2019 37,959.65 dispute resolution / S MORE PARTICIPA Contract: Odesa TORY, AID- Oblast TRANSPAR OAA-I- Nove Organizatio The grant project aims at ENT AND 13- Pravosud n of All- facilitation of access for ACCOUNTA 00032, dya Ukrainian people to justice, BLE Order Justice NGO administrative and social GOVERNAN AID-121- Che Sector “Committee Novemb Novemb services, legal aid CE TO-16- moni Reform of Voters of er 12, er 12, services and alternative http://cv PROCESSE DRG 00025 cs Program Ukraine” 2018 2019 31,044.79 dispute resolution u.od.ua/ S

IP USAID Subawa USAID Nam Project / Subaward Techn Subawardee Start End rdee Development Award e Activity Amount, Subaward Description ical Name Date Date Webpag Objective No. (Pri Name USD Office e me) The grant project aims at association of judicial institutions and other state MORE bodies in order to facilitate PARTICIPA Contract: Nongovern the access to justice and TORY, AID- mental legal aid for all citizens, TRANSPAR OAA-I- Nove Organizatio including vulnerable ENT AND 13- Pravosud n groups, as well as to raise ACCOUNTA 00032, dya “Associatio citizens' awareness of BLE Order Justice n of justice, judicial system, GOVERNAN AID-121- Che Sector Investigativ Novemb Decemb judicial reform, legal aid www.ar CE TO-16- moni Reform e Judges of er 12, er 31, and alternative dispute ssu.org. PROCESSE DRG 00025 cs Program Ukraine” 2018 2019 52,112.32 resolutions ua S The grant project aims at analyzing the existing experience of applying the MORE ECtHR case law by PARTICIPA Contract: Supreme Court and its TORY, AID- Nongovern importance for improving TRANSPAR OAA-I- Nove mental the quality of Supreme ENT AND 13- Pravosud Organizatio Court’s decisions and the ACCOUNTA 00032, dya n “Institute possibility to enhance BLE Order Justice for Applied unification of national GOVERNAN AID-121- Che Sector Humanitari Novemb Novemb case law and compliance http://w CE TO-16- moni Reform an er 5, er 10, with international ww.iahr. PROCESSE DRG 00025 cs Program Research” 2018 2019 12,795.00 standards of fair trial com.ua S Contract: Non- The grant project aims at http://la MORE AID- Nove government developing conclusions w.lnu.e PARTICIPA OAA-I- Pravosud al and recommendations on du.ua/a TORY, 13- Che dya Organizatio Novemb Novemb new Supreme Court’s bout/vh TRANSPAR 00032, moni Justice n “Lviv Law er 5, er 10, case law that would o- ENT AND DRG Order cs Sector School” 2018 2019 12,515.12 contribute to the fulfillment lvivska- ACCOUNTA

IP USAID Subawa USAID Nam Project / Subaward Techn Subawardee Start End rdee Development Award e Activity Amount, Subaward Description ical Name Date Date Webpag Objective No. (Pri Name USD Office e me) AID-121- Reform of its main objective, pravnyc BLE TO-16- Program namely ensuring ha- GOVERNAN 00025 uniformity of judicial shkola CE practice and its PROCESSE development S The grant project aims at identification of the presence or absence of changes in the judicial system after the amendments to the Constitution in the part of judicial reform and the new version of the Law of MORE Ukraine "On the judicial PARTICIPA Contract: system and the status of TORY, AID- Nongovern judges" came into force, TRANSPAR OAA-I- Nove mental by way of computer ENT AND 13- Pravosud Organizatio processing of arrays of ACCOUNTA 00032, dya n publicly available court BLE Order Justice “Ukrainian decisions, preparation GOVERNAN AID-121- Che Sector Center for Decemb January and processing of data, socialda CE TO-16- moni Reform Social er 14, 30, statistical analysis of ta.org.u PROCESSE DRG 00025 cs Program Data” 2018 2020 27,132.67 these data. a S This grant project is MORE Contract: Nove aimed at improving the PARTICIPA AID- Pravosud quality of legal education TORY, OAA-I- dya Civic in Ukraine through the TRANSPAR 13- Justice Association developing a handbook ENT AND 00032, Che Sector “Ukrainian Februar Decemb “Mediation in the http://m ACCOUNTA Order moni Reform Academy of y 1, er 31, professional activity of a ediation BLE DRG AID-121- cs Program Mediation” 2019 2019 25,186.79 lawyer” as a quality .ua/ GOVERNAN

Nongovern MORE mental PARTICIPA Contract: Organizatio This grant project is TORY, AID- n “NGO aimed at assisting courts TRANSPAR OAA-I- Nove “Cultural of all levels and ENT AND 13- Pravosud and jurisdictions in conducting ACCOUNTA 00032, dya Educational citizen report cards BLE Order Justice Society for surveys of participants in GOVERNAN AID-121- Che Sector People with Februar October litigation in Ivano- CE TO-16- moni Reform Disabilities y 15, 31, Frankivsk Oblast of PROCESSE DRG 00025 cs Program UMG” 2019 2019 12,691.61 Ukraine. (CRC) - S The grant project aims at raising qualifications of judges and lawyers in the MORE application of international PARTICIPA Contract: humanitarian law TORY, AID- standards in national TRANSPAR OAA-I- Nove Civic judicial practice through ENT AND 13- Pravosud Association engaging civil society’s ACCOUNTA 00032, dya “Ukrainian expertise in this field, BLE Order Justice Helsinki specifically by developing, GOVERNAN AID-121- Che Sector Human Decemb testing and promoting a https://h CE TO-16- moni Reform Rights May 15, er 31, relevant comprehensive elsinki.o PROCESSE DRG 00025 cs Program Union” 2019 2019 28,080.11 training program rg.ua/ S

IP USAID Subawa USAID Nam Project / Subaward Techn Subawardee Start End rdee Development Award e Activity Amount, Subaward Description ical Name Date Date Webpag Objective No. (Pri Name USD Office e me) The grant project aims at improving the quality of MORE judicial services and PARTICIPA Contract: strengthening citizens' TORY, AID- confidence in the judiciary TRANSPAR OAA-I- Nove Charity through increasing the ENT AND 13- Pravosud Organizatio capacity of the courts in ACCOUNTA 00032, dya n Rivne oblast to efficiently BLE Order Justice “Ukrainian use the Court GOVERNAN AID-121- Che Sector Coalition Novemb Performance Evaluation pravoon CE TO-16- moni Reform for Legal May 15, er 15, System (CPES) tools line.org. PROCESSE DRG 00025 cs Program Aid” 2019 2019 9,565.52 (CRC) ua S MORE PARTICIPA Contract: The grant project aims at TORY, AID- improving the justice TRANSPAR OAA-I- Nove system by collecting data, ENT AND 13- Pravosud Nongovern analyzing it, identifying ACCOUNTA 00032, dya mental problems in the BLE Order Justice Organizatio administration of justice GOVERNAN AID-121- Che Sector n “Center Novemb and advocating for the CE TO-16- moni Reform for Social May 15, er 15, solutions for relevant PROCESSE DRG 00025 cs Program Adaptation” 2019 2019 7,850.20 problems - S Contract: MORE AID- The grant project aims at PARTICIPA OAA-I- Nove raising efficiency, capacity TORY, 13- Pravosud and quality of courts’ https:// TRANSPAR 00032, dya Nongovern performance in Kyiv www.fa ENT AND Order Justice mental oblast through conducting cebook. ACCOUNTA AID-121- Che Sector Organizatio Novemb Citizen Report Cards com/lug BLE TO-16- moni Reform n “Public May 15, er 15, (CRC) surveys of trial anskreg GOVERNAN DRG 00025 cs Program Platform” 2019 2019 9,913.87 participants ion/ CE

MORE Nongovern The grant project aims at PARTICIPA Contract: mental assisting the courts of TORY, AID- Organizatio Kyiv regions in conducting TRANSPAR OAA-I- Nove n an external assessment of ENT AND 13- Pravosud “Internation the quality of court ACCOUNTA 00032, dya al functioning through BLE Order Justice Developme surveying the citizens GOVERNAN AID-121- Che Sector nt Novemb participating in court CE TO-16- moni Reform Foundation May 15, er 15, proceedings using the http://in- PROCESSE DRG 00025 cs Program ” 2019 2019 12,190.80 CRC methodology fd.com/ S MORE PARTICIPA Contract: The grant project aims at TORY, AID- improving access to TRANSPAR OAA-I- Nove justice in Ukraine by ENT AND 13- Pravosud raising awareness of the ACCOUNTA 00032, dya Nongovern innovative opportunities BLE Order Justice mental and by supporting justice http://so GOVERNAN AID-121- Che Sector Organizatio October innovators and startup cialboos CE TO-16- moni Reform n “Social June 3, 31, community in the field of t.com.u PROCESSE DRG 00025 cs Program Boost” 2019 2019 18,988.73 law across the country a/ S

IP USAID Subawa USAID Nam Project / Subaward Techn Subawardee Start End rdee Development Award e Activity Amount, Subaward Description ical Name Date Date Webpag Objective No. (Pri Name USD Office e me) The grant project aims at ensuring qualitative selection of judges to the Appeal Chamber of the HCIP, appeal courts, as well as fulfilment of the judge's qualification assessment through strengthening the role of civil society in increasing the transparency and accountability of the MORE judiciary to society and PARTICIPA Contract: strengthening the rule of TORY, AID- law by developing the TRANSPAR OAA-I- Nove institutional capacity of ENT AND 13- Pravosud Nongovern the Public Integrity ACCOUNTA 00032, dya mental Council, activation of the BLE Order Justice Organizatio citizens and raising http://w GOVERNAN AID-121- Che Sector n January awareness regarding the ww.deju CE TO-16- moni Reform “Foundatio July 10, 15, 158,759.2 activities of the Public re.found PROCESSE DRG 00025 cs Program n Dejure” 2019 2020 9 Integrity Council. ation/ S Contract: MORE AID- PARTICIPA OAA-I- Nove Society TORY, 13- Pravosud Organizatio TRANSPAR 00032, dya n “Centre The grant project aims at ENT AND Order Justice for supporting the judicial ACCOUNTA AID-121- Che Sector Democracy Decemb administration bodies in http://ce BLE TO-16- moni Reform and Rule of August er 30, ensuring their systematic dem.org GOVERNAN DRG 00025 cs Program Law” 1, 2019 2019 17,869.53 and coordinated work .ua/ CE

The grant project aims at introducing a system of MORE continuous training of sign PARTICIPA Contract: language interpreters who TORY, AID- participate in litigation in TRANSPAR OAA-I- Nove Regional order to improve their ENT AND 13- Pravosud Public knowledge of legal and ACCOUNTA 00032, dya Charitable judicial terminology, court BLE Order Justice Foundation procedures and to ensure GOVERNAN AID-121- Che Sector “Law and Februar proper access the deaf www.fo CE TO-16- moni Reform Democracy July 11, y 12, people and persons with nd.lviv.u PROCESSE DRG 00025 cs Program ” 2019 2020 25,314.99 hearing impaired to justice a S MORE PARTICIPA Contract: The grant project aims at TORY, AID- increasing the TRANSPAR OAA-I- Nove professional competence ENT AND 13- Pravosud of the Legal Aid Office ACCOUNTA 00032, dya Human staff with regard to BLE Order Justice Rights communications with www.pr GOVERNAN AID-121- Che Sector Organizatio Septem January people with intellectual ava- CE TO-16- moni Reform n “Human ber 4, 15, and psychological lyudyny. PROCESSE DRG 00025 cs Program Rights” 2019 2020 10,701.43 impairments. org S

IP USAID Subawa USAID Nam Project / Subaward Techn Subawardee Start End rdee Development Award e Activity Amount, Subaward Description ical Name Date Date Webpag Objective No. (Pri Name USD Office e me) https:// The grant project aims at www.fa creating a culture of cebook. peaceful and effective com/Ас MORE conflict resolution in оціація- PARTICIPA Contract: Non- Ukrainian families to Сімейн TORY, AID- government ensure the observance of их- TRANSPAR OAA-I- Nove al children's rights and Медіат ENT AND 13- Pravosud Organizatio reduce the burden on the орів- ACCOUNTA 00032, dya n courts by informing and України BLE Order Justice “Associatio providing access to family - GOVERNAN AID-121- Che Sector n for Family Septem Februar mediation as an 523040 CE TO-16- moni Reform Mediators ber 16, y 28, alternative way of settling 308205 PROCESSE DRG 00025 cs Program of Ukraine” 2019 2020 12,678.90 disputes 640/ S MORE The grant project aims at PARTICIPA Contract: Nongovern raising law students' TORY, AID- mental gender awareness and TRANSPAR OAA-I- Nove Organizatio improving the quality of ENT AND 13- Pravosud n legal services through ACCOUNTA 00032, dya “Ukrainian developing a curricular on BLE Order Justice Women gender equality and non- GOVERNAN AID-121- Che Sector Lawyers January discrimination and http://jur CE TO-16- moni Reform Association October 15, conducting TOT for fem.co PROCESSE DRG 00025 cs Program “JurFem” 3, 2019 2020 12,700.78 university professors m.ua/ S

Total amount in the approved budget for sub-awards: $3,400,000 Total amount sub-awarded to date: $663,548.32

E. Future Activities Table

Date Location* Activity

January 2020 New Justice will support the Kyiv Regional Center of the National Academy of Legal Sciences in conducting a winter school on modern methods of interactive teaching for law school administrators and faculty representing leading law schools across Ukraine. Head of the Working Group on Legal Education Reform of the Legal Reform Commission under the President of Ukraine Nataliya Kuznietsova, Head of the Ministry of Education and Science Sub-Committee on Developing Legal Education Standards Andriy Boyko, and President of the National Academy of Legal Sciences Oleksandr National Academy of Legal Sciences, 70 Petryshyn will contribute to the event. 40 winter school participants and facilitators will January 13-18, 2020 Pushkinska Str., Kharkiv work together in plenary sessions and break-out groups to share and discuss their

experiences in implementing new teaching methods and develop recommendations for transforming law school curricula and teaching modalities in the light of the Innovative (Model) Law School Curriculum and Modern Teaching Toolkit earlier developed and presented by New Justice. Further, the participants will develop recommendations for faculty on preparing students for the Unified State Qualifications Exam. This effort will help representatives of Ukrainian law schools gain new knowledge, skills, and instruments necessary for improving the quality of legal education in Ukraine.

February 2020 New Justice grantee Association of Women-Lawyers of Ukraine will present the TBD Kyiv, TBD Curriculum on Gender Equality for law schools to representatives of the MoJ and MoE as well as to the partner universities. Start of grant projects to develop organizational capacity of existing Community TBD TBD Justice Centers (CJC) and to establish up to four new CJCs March 2020

Date Location* Activity New Justice, jointly with other international donors, will support the SCt in organizing the International Workshop «Before or After: Issue of Retroactive Effect March 19-20, 2020 Kyiv, TBD of Judgment of the Constitutional Court of Ukraine and Its Impact on Administrative Judicial Proceedings. Foreign Experience”

New Justice will support the University of South Carolina Rule of Law Collaborative Yaroslav Mudryi National Law and the Yaroslav Mudryi National Law University in conducting the final round University Learning‐Research Center, table and graduation ceremony on the results of implementation of the second March 12-13, 2020 84-A Pushkinska Str., Kharkiv, round of the Rule of Law Certificate Program. During the event, the Rule of Law Ukraine Certificate Program’s participants will present their capstone projects and receive joint certificates from the Yaroslav Mudryi National Law University and the University of South Carolina.

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. practice TBD Kharkiv, TBD 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 conduct its Stakeholder Advisory Group (SAG) meeting in order to conduct the annual expert survey experts to assess the current state of the judicial independence and accountability in Ukraine according to European Network of TBD Kyiv Councils for Judiciary (ENCJ) indicators. This meeting is Monitoring, Evaluation and Learning (MEL) event which aims to develop recommendations for the USAID New Justice Program to improve the efficiency of the program objectives implementation and achievement of its goals.

F. Milestones Progress Report In Program Year Four New Justice implementation works toward 344 milestones under 85 Program Expected Results (ERs) to date. Three ERs do not have milestones for Program Year Four because no related programmatic activities planned for this year. This annex provides the detailed cumulative listing of all New Justice milestones and their current status.

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 Consitutional Commission, ER 1.1.1 Constitutional safeguards which oversaw developing Technical review of draft constitutional 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 will select Recommendations on jury trial implementation appropriate international 01/2020 In Progress in Ukraine developed expert(s) to develop recommendations 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 regional discussions on establishing Anti-Corruption Six seminars conducted to promote the new Court which directly touches an issue of judicial ER1.1.2 Inclusive consultative constitutional and legislative provisions with 09/2019 Achieved independence. Jointly with the processes for developing and respect to judicial independence conducted Supreme Court New Justice implementing constitutional conducted two reginal amendments, legislation, and other seminars on the procedural normative acts related to judicial legislation. independence established. 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

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

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

HCJ internal rules of procedure developed/updated to 09/2020 In progress reflect BPA results

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

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 ER 1.2.3 Representation and 06/2019 Cancelled during data collection process. leadership of women judges in Starting January 2019, SJA collects and makes publicly judicial governance bodies and available gender courts enhanced. disaggregation data

Gender index for the judiciary developed Gender Sensitivity Index of the Judiciary was developed by NJ 09/2017 Achieved short-term gender expert Maryna Rudenko.

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY 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. 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 Despite the WG was established. established on January 26, 2018 at the event on presentation of the Gender Sensitivity Index of the 03/2020 In progress Judiciary, consisting of 33 gender experts from the key stakeholders, the Judiciary needs to re-enforce its efforts to conduct the WG-meetings on a regular basis.

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Gender Sensitivity Index of the Judiciary Planned for the next reporting 03/2020 Pending updated. period. Curriculum on Gender Equality for law school New Justice grantee students developed and tested. Association of Women Lawyers of Ukraine is 02/2020 In progress currently finalizing 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. Planned for the next reporting National Forum of Women Lawyers conducted. 08/2020 Pending period. 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

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY 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. Report with recommendations for preparing a New members of the HQC single harmonized set of rules for HQC developed 09/2020 Pending were not appointed in the 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.

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

New Justice local short-term expert Prof. Mykola Draft law on amending legal provisions Khavronyuk developed ER 1.2.6 Rules regarding corruption, regarding judicial corruption, violation of judicial comparative table for the draft judicial ethics and illegal conduct, as 09/2020 Pending law. Development of the draft ethics and illegal conduct of judges, judicial law will be reconsidered well as related disciplinary personnel, advocates and citizens prepared against GOU further plans on sanctions and enforcement reforming legislation on the procedures, strengthened. judiciary and status of judges 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 Report with recommendations to the HQC Anti- 03/2019 Achieved Corruption Program 2019 developed

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY 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- Corruption Programs’ implementation 09/2020 developed

Report on legal obstacles and disincentive mechanisms for reporting judicial corruption 04/2017 Achieved developed and disseminated ER 1.2.7 Reporting of corruption, Survey on reporting judicial corruption and unethical or illegal conduct protection of informers and whistleblowers 09/2017 Achieved simplified and made more conducted accessible for judges, judicial Informational materials on reporting judicial Milestone will be revisited in personnel, advocates, and citizens. corruption and protection and incentive Pending view of adoption on October mechanisms for those who report designed and 17, 2019, of the Law "On disseminated Amending the Law of Ukraine 09/2020 “On Preventing Corruption” reguarding 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 local short-term governing processes for reporting corruption, expert Prof. Mykola violation of judicial ethics, and illegal conduct Khavronyuk developed prepared comparative table for the draft 09/2020 Pending law. Development of the draft law will be reconsidered against GOU further plans on reforming legislation on the judiciary and status of judges 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

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Report with recommendations on legal mechanisms on the protection and incentives for individuals who report judicial corruption 04/2017 Achieved developed and disseminated

On August 29, 2019, the President of Ukraine submitted to the Verkhovna ER 1.2.8 Protections increased for Rada draft law No. 1010 on Draft Law on the Protection of Whistleblowers amendments to the Law on individuals who report corruption, and Information Disclosure on Damages and 09/2019 Cancelled Corruption Prevention with unethical or illegal conduct against Threat to Social Interests (No.4038a) updated regard to whistleblowers’ judges, judicial personnel and protection. Thus, development advocates. of a separate legislation in this area is not relevant anymore Milestone will be revisited in view of adoption on October 17, 2019, of the Law "On Whistleblower Protection Concept Paper Amending the Law of Ukraine finalized 09/2020 “On Preventing Corruption” regarding the Whistleblowers of Corruption” which entered into force on January 1, 2020

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 independence and accountability conducted

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY and other areas of judicial Survey among judges on judicial independence competence. and accountability conducted 06/2020

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

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Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Report with recommendations on amending HCJ 06/2017 Achieved internal regulations developed IT needs assessment of the HCJ conducted 06/2017 Achieved 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 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- ER 1.3.4 Implementation of ethics HCJ IX adopted on October 16, 2019 enforcement mechanisms Initial training of HCJ judicial inspectors strengthened. 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 Rules of Procedure developed 02/2020

Draft Regulation on the Integrity and Ethics 02/2020

Commission developed

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Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Roundtable on reporting judicial corruption by peers conducted 09/2017 Achieved

Milestone will be revisited in ER 1.3.5 Judges, judicial personnel, view of adoption on October and advocates change attitudes Recommendations on ways and factors for 17, 2019, of the Law "On changing attitudes towards reporting judicial Amending the Law of Ukraine towards reporting corruption, 09/2020 In progress corruption by peers within the justice sector “On Preventing Corruption” unethical or other illegal conduct by developed regarding the Whistleblowers their peers. 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 judges, judicial personnel, advocates conducted and citizens increased. Survey among judges, judicial personnel, advocates and citizens to explore attitudes 06/2020 related to reporting corruption in the courts conducted

102

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Survey among judges, judicial personnel, advocates and citizens on their awareness about protection of whistleblowers and people who 10/2018 Achieved inform about corruption in the courts conducted ER 1.3.7 Protections for individuals who report corruption, unethical or Survey of justice sector professionals and jurors illegal conduct against judges, regarding judicial reform and corruption 05/2019 judicial personnel and advocates conducted applied. 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.

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Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY ER 1.4.2 Members of the International Standards for the Judiciary book International Standards for Presidential Administration, updated and broadly disseminated 09/2017 Achieved the Judiciary book was updated and published. Government and Parliament engage the Judiciary in a constructive At least one mechanism for bar-bench cooperation established manner that respects judicial independence and refrains from improperly or unlawfully 09/2020 Postponed 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 report improper or illegal court staff to report improper or illegal 04/2020 Postponed interference in their judicial interference developed decision making and conduct.

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

104

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 03/2019 Achieved provided recommendations to the HCJ on the format of the campaign in January 2019. Public awareness activities on judicial reform This task will be implemented and services provided by courts designed and by the New Justice grantee NGO Center for Democracy implemented. and Law that will be preparing jointly with the SJA and COJ 01/2020 In progress standardized content regarding the services provided by courts for courts’ information boards and websites. Survey was completed, and its ER 2.1.2 Increased public access to Nationwide survey of jurors conducted. 05/2019 Achieved results were presented to courtroom and judicial governance major stakeholders. proceedings in-person, on-line, via Working Group on Jury Service Improvement New Justice supports the 09/2020 In progress activities supported. regular meetings of the WG.

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Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY TV/radio, or through archived Court decisions rendered with the involvement New Justice grantee Social recordings and records. of jurors analyzed. Data Center conducted statistical analysis of court decisions rendered with the involvement of jurors in 2017- 2018. Currently New Justice is 06/2020 In progress identifying local Expert to analyze court decisions that were rendered with the involvement of jurors to assess qualitative indicators of the jurors' impact on the justice delivery process. 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 on reform of the jury trials. 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.

106

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY 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 postponed this jurors developed. activity to the next reporting periods after the Parliament of 09/2020 Pending Ukraine adopts legislative amendments on the reform of jury trials. 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. ER 2.1.3 Increased outreach by the Unified Communications Strategy of the Judiciary New Justice short-term local Judiciary to the public and press. 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 Canadian Support to Judicial 10/2018 Achieved Reform Project conducted this event in October 2018.

107

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY 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 will select local updated Expert or NGO who will 04/2020 Pending cooperate with the Comms Committee of the Judiciary to work on this task. Social Media Communications Guide for judges New Justice will select local and Model Crisis Communications Matrix for Expert or NGO who will 04/2020 Pending cooperate with the Comms courts developed Committee of the Judiciary to work on this task. ER 2.1.4 90% completion of New Justice will continue financial and asset declarations by Number of judicial declarations published online explore the HQC capability to improve their dossier judges and judicial personnel, with increased 08/2020 In progress database that includes assets 90% of judicial financial and asset declaration of all judges and declarations published online. judicial candidates.

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

108

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 279 judges successfully ER 2.2.1 Lustration process passed qualification concludes without violations of due evaluation and proved their capability to deliver justice. process or human rights of lustrated 08/2020 In progress Totally starting from March judges and judicial personnel. 2018, the HQC disqualified 156 judges while 2113 remained on bench after successful examination. When speaking about public officials – nine hundred twenty- one of them were lustrated as of today.

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Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Monitor results of lustration cases under October 17, 2019 the Six consideration by the new Supreme Court and Chamber of thr EtCHR ECHR. rendered 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 constitutional provisions guaranteeing the principles of 08/2020 In progress 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. MOJ is preparing to file an appeal to the Grand Chamber of the ECtHR. NJ will monitor further progress in the case.

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Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Monitor progress of the Constitutional Court During the last reporting review of lustration cases. period the Constitutional Court of Ukraine made no 08/2020 In progress 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 the NAPC to develop and implement Conflict of Interest and provide COJ Regulation on Conflict of Interest and provided her corruption-prevention measures recommendations on its improvement. recommendations on its within the Judiciary 08/2020 In progress content and wording improvement. NJ continue to advocate for those

recommendations implementation.

111

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.

112

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Support the HCJ Working Group on Judicial New Justice will continue to ER 2.2.3 Judiciary facilitates NABU Independence’s sessions and provide expert support the HCJ in these activities with new and Prosecutor General’s Office 08/2020 Pending support in re-writing provisions of Article 375 of composition of the institution. investigations into alleged the CCU As of now, joint Action Plan corruption or other illicit conduct including these activities is by judges or judicial personnel being negotiated between the

HCJ and NJ. Continue to foster communication between the judiciary and Parliament by supporting joint events and dialog between the HCJ and Pending 08/2020 Same as above Parliamentarian Secretariat in developing ER 2.2.4 Judiciary coordinates with unified approach to the process of providing HCJ parliamentary oversight advisory opinions. committees, with due respect for judicial independence and freedom Assess quality of available HCJ consultative New Justice is looking for a Pending from interference. opinions on draft laws and provide 08/2020 best suitable expert for this task. recommendations on their improvement. Provide expert support to the HCJ members in New Justice is looking for a Pending obtaining practical skills of advisory opinions 08/2020 best suitable expert for this task. drafting

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Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY New Justice drafted concept of legislative changes needed to set due procedure of requesting and providing by the HCJ consultative opinions Support the HCJ in developing recommendations to the draft laws influencing how to comply provisions of the Law on the HCJ, Pending 08/2020 judiciary and status of judges. Rules of Procedures of the Parliament, and Rules The document will be shortly of Procedures of the HCJ. submitted to the Chair of the Parliament Committee on Verkhovna Raga Rules of Procedures for consideration and advocating.

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 challenges and opportunities to contribute to 06/20 Postponed and train program staff to

judicial reform conducted. conduct PEA. Estimated completion date changed ER 2.3.1 Citizens and CSOs actively Assessment of CSO capacity to monitor and participate in and monitor judicial contribute to the implementation of judicial 12/18 Achieved reform processes at the local and reform completed national levels. 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.

114

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY 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 03/20 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 (CRC) surveys training to courts conducted, at 11 CSOs trained on least 20 CSO representatives trained. 12/18 Achieved conducting CRC and training court staff in CRC

surveys ER 2.3.2 Court operations improved through direct citizen feedback (e.g., Partner CSO conducted training sessions for Citizen Report Cards CRCs) court staff on CRC implementation in all oblasts 03/19 Achieved completed in twenty-three of Ukraine. Oblasts and the City of Kyiv. It covers all territory All Ukrainian courts implemented CRC surveys. of Ukraine that is under Achieved 09/19 GOU-control except partially Dnipropetrovsk Oblast. Analysis of court implementation of CSO- Analysis of developed recommendations conducted and 06/20 In progress recommendations is discussed with stakeholders. currently underway.

115

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY 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 40 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 In progress 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 09/20 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. Complete 2018 survey of the public awareness 2018 survey conducted. Its results effectively on corruption reporting procedures and 09/19 Achieved ER 2.3.5 Citizen reports to anti- communicated to the judiciary mechanisms and policy makers. corruption organizations and agencies increased. Conduct analysis of the survey results and discuss the outcomes with the civil society and 09/19 Achieved Same as above. judiciary.

116

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Complete 2019 survey of the public awareness New Justice completed to 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 assessment conducted. capacity self-assessment 06/20 In progress tool developed and distributed to CSO partners Training program for CSOs on self-assessment Representatives of twenty- and capacity building roadmap and conducted three New Justice Partner for at least 25 partner CSOs. CSOs trained in self- 12/18 Achieved assessment and ER 2.3.6 Judicial-reform oriented organizational capacity CSOs organizational capacity score building roadmap increased. development

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

117

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Distance training program on organizational capacity development for judicial reform New Justice changed 06/20 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 06/20 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 Comparative law materials on the constitutional New Justice supported the provisions regarding role and status of the bar development of the draft Law ER 2.3.7 Professional associations on Bar and Legal Practice. This developed draft aims at fixing the current and Bar associations increase 09/2018 Cancelled gaps in the legislative capacity for self-regulation and regulation, along with professional standards among ensuring the implementation of the constitutional members. provisions. Commentary to the Bar Professional Conduct New Justice initiated the Rules developed working group with the UNBA. 09/2020 Pending The UNBA did not respond to the proposal. New Justice will continue promoting the idea.

118

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY 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. Regional series of training programs for New Justice jointly with SJRP journalists conducted supported the HCJ in ER 2.3.8 Quality and volume of conducting the Forum investigative journalism and other “Independent Courts and Free Media” with workshops on media reporting on corruption, judicial journalist for regional judicial misconduct, judicial 05/2019 Achieved media to highlight the reforms, high-profile court cases, importance of upholding journalism standards and and other rule of law issues procedural laws’ limitations increased. when it comes to investigative journalism and media coverage of court cases.

119

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Courts and Media Manual for Journalists updated Manual is in open access and disseminated online. New Justice will support with its materials HCJ, 09/2019 Cancelled 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. 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 ER 3.1.1 Judicial administration 09/2017 Achieved format councils bodies function in more coherent and coordinated fashion. HCJ internal rules of procedure developed/updated to 09/2020 In progress reflect BPA results

120

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Study visit to Serbia and Slovakia for HACC judges conducted and action plan for applying 05/2020 In progress best practices and lessons learnt prepared IFJSE presented and discussed with members of Presented and discussed. New Achieved the HCJ, COJ and SJA 12/2017 Justice will proceed with implementation. Draft SJA performance evaluation framework prepared, presented, and discussed with Cancelled due to lack of 12/2019 Cancelled members of the HCJ, COJ, and SJA. interest. ER 3.1.2 Strategies, policies, and procedures for managing court Training in IT and Strategic Planning for HCJ's operations, and providing quality 09/2020 In progress services to the public implemented. 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 ER 3.1.3. Courts equipped with and the work of jurors in courts assessed SJA provided its assessment report regarding creating 06/2019 Achieved use IT and e-justice systems to comfortable conditions for the improve efficiency of workflow, work of jurors in courts case management, and accessibility to services TOR for Business Process Analysis for the courts 09/2020 In progress prepared.

121

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

TOR for ODR Platform prepared and reviewed 11/2019 Achieved

Tender for ODR Platform conducted, platform 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 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 optimum 01/2020 In progress complete the case weighting ER 3.1.4 Courts hear and conclude number of judges and staff, results presented to study by January 30, 2020 cases in a timely manner and 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

122

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Judicial budgeting practices evaluated, report Achieved ER 3.1.5 Judicial budgeting, financial with recommendations prepared and submitted 04/2019 management, internal controls and to COJ, SJA, and HCJ external auditing improved and Training for court personnel on budgeting and compliant with national laws and procurement issues conducted (Joint with ER 20/2020 In progress international best practice 3.1.6).

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 ER 3.2.1 NSJ methodologies, core Program Year. New Justice issues and handling corruption cases updated 09/2020 Pending curriculum, and trainers changed estimated completion date for this milestone.

123

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY strengthened and meet Training program for newly appointed judges of An Orientation Training international standards. the Supreme Court developed and implemented Program for the newly Achieved appointed Supreme Court 12/2017 Justices was implemented starting from November 14 through November 23, 2017.

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

124

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

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. Training for Trainers (TOT) on Caseflow New Justice involved Management for Supreme Court justices and International expert Mr 09/2020 In Progress judges of appellate courts conducted. Giuseppe Fazari to conduct such TOT 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. ER 3.2.2 Judges and judicial Course for judge-speakers on Courts and 03/2018 Cancelled See previous comment. assistants trained in core Community Communications developed substantive and procedural law, Orientation training curriculum for jurors on As decided on the Jury Trial judicial ethics, leadership, and their rights and obligations and for judges on Improvement WG meeting on management. May 17, 2019 instead of their work with jurors developed developing the orientation 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

125

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Mentor Training Program developed Achieved 06/2018

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.

126

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY 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 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 ER 3.2.3 Judicial personnel 02/19 Achieved court administrator leadership comprehensive demonstrate competencies in key curriculum framework development.

127

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY areas of management and Task 3.2.3.2. Write teaching lesson plans and operational support. student materials for all programs/modules that are selected for the court administrator leadership comprehensive curriculum framework; if necessary identify desired knowledge and skills for additional faculty, select the additional faculty and conduct faculty 09/19 Achieved

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

128

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

Chief Judge and Court Administrator Joint 06/2018 Achieved Executive Education Program developed

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

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

129

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY 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 09/2020 Pending adoption of the Draft Law on Ukraine Mediation. New Justice changed estimated completion date for this milestone. Conference on Online Dispute Resolution 09/2017 Achieved ER 3.3.1 Comprehensive analyses of conducted current context, barriers and Comprehensive analyses of current context, opportunities for developing barriers and opportunities for developing New Justice involved 2 International and 2 local mediation and other ADR processes mediation and other ADR processes in Ukraine 06/2019 Achieved experts to complete such in Ukraine completed. developed. analyses

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 ER 3.3.2 Normative (legislative, conducted Committee conducted the first discussion. The updated with regulatory) framework for 09/2019 Achieved NJ support draft law was sent mediation and other ADR processes to the Committee on Jan 18, 2018.

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Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY strengthened consistent with Up to 15 representatives of Ukrainian international best practices. stakeholders participated in a Study Tour to the 11 representatives of 06/2017 Achieved Ukrainian stakeholders Superior Court of the District of Columbia in participated in this Study Visit Washington, DC Set of materials produced in FAIR and New Justice Projects - Expert Reports – presented to Set of materials was presented to the Legal Policy Committee 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

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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.

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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 cases for family mediation. 09/2020 In progress mediators of Ukraine is implementing a grant project

Information campaign related to family Association of Family mediators of Ukraine is mediation conducted in 5 regions by distributing 09/2020 In progress implementing a 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 mediators application received. 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

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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 New Justice expert Prof. Yuriy enforcement procedures drafted by the MOJ and Bilousov due to the health conditions couldn’t complete 09/2020 In progress provide recommendations this assignment. NJ is looking for a new expert at the moment. Support the MOJ Legislation Department in New Justice jointly with the advocating changes by supporting discussions, EU PRAVO-Justice Project developed recommended presentations, etc, incl. the forum titled changes to the enforcement ER 3.4.1 Normative framework for “Territory of Justice”. 08/2020 In progress legislation and presented to enforcement of judgments revised. the leadership of the MOJ. NJ will continue to advocate adoption of the respective changes. Continue to examine enforcement processes and New Justice is looking for a procedures, identify gaps and provide best suitable expert at the moment. With this regard New recommendations Justice contacted Dean of the 09/2020 In progress Enforcement Proceedings of the National University named after Taras Shevchenko.

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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. ER 3.4.2 Rules and procedures for New Justice provides support to the APEOU Ethical licensing, oversight, and assignment Train Ethical Commission of the PEO Association Committee in reviewal of the In progress of private enforcement agents on international standards on conflict of interest 09/2020 provisions of the Code of adopted. management Ethics of PEOs to recommend next congress of PEOs regarding its improvement.

New Justice jointly with the PEOs Association conducted second round of PEOs survey conducting more detailed Support MOJ Working Group in developing analysis of their current standard curricula of initial trainings for the training needs and problems 09/2020 In progress PEOs candidates by conducting needs they encounter in disciplinary assessment, surveys, etc. procedures and ethical dilemmas. Results will be communicated to the MOJ for the adjustment of training programs.

135

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY New Justice supported PEOs Congress and rebooting compositions of PEOs Review qualification rules and procedures Disciplinary and Qualification In progress established by the MOJ. And provide 08/2020 Commissions. New Justice will

recommendations on their improvement continue to improve disciplinary practices of PEOs and qualification requirements. Review Disciplinary rules and procedures In progress established by the MOJ and provide 07/20 Same as above.

recommendations on their improvement Review rules for conducting functions and In progress oversight and provide recommendations on their 07/20 Same as above

improvement

While developing the TOR for the APEOU web-site New Review current structure of the association, ER 3.4.3 Association of Enforcement Justice assisted Association legislative requirements and its actual SOW and Agents established and cadre of needs and weaknesses. New provide assessment of capacity needs, involve 09/2020 In progress private enforcement agents trained Justice will continue to help foreign expertise on the best standards in APEU grow its capacity and and certified. establishing self-governing organizations. strength and address those weaknesses.

136

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY New Justice supported five regional round table discussions (two in Odessa, one in Kharkiv, one in Dnipro 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.

New Justice is looking for the Explore best international standards if best suitable expert. ER 3.4.4 Enforcement agents evaluation of quality of services provided by the 08/2020 In progress equipped with the necessary PEOs systems, tools, and sufficient budgetary support to manage case New Justice IT expert Dmitriy Kisilyov finalized the TOR for load and adequately care for assets In progress Provide assistance in developing PEOs official Association renewed web-site. under their supervision. 09/2020 web-site. NJ currently is drafting RFQ to select vendor who will develop APEOU new web-site.

137

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY 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 court decisions disseminated brochures ER 3.4.5 Judgments are enforced in informing citizens on due a timely and effective manner. process of court decisions effective enforcement. New leadership of the MOJ closed the compaign. New Justice is hiring local short-term expert Maryna Outline the baseline for the private enforcement Ogay who will analyze all based on the initial statistical data available for 09/2020 In progress empiric data possible to set the first operational years. parameters of PEOs effectiveness for the benefit of the PEOs association. Objective 4: Quality of Legal Education Strengthened

Sub-Objective 4.1: National Strategy and Standards for Legal Education and Accreditation Adopted

138

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Draft Legal Education Reform Concept Paper Despite approvals of the MOE, improved and prepared for the GOU approval the MOJ, and the Ministry of Finance, the Ministry of Economic Development and Trade, the CMU did not manage to adopt the Legal Education Reform Concept ER 4.1.1 National education strategy Paper due to the time and standards for legal education constraints imposed by a snap and accreditation adopted by parliamentary election. After Ministry of Education, with input 06/20 In progress Ukraine’s new President the MOJ and key stakeholders Volodymyr Zelenskyy including representatives of civil established the Law Reform society. Commission that now includes a Working Group on Legal Education Reform, New Justice is supporting the Working Group in finalizing the draft Legal Education Reform Concept Paper.

139

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Draft Legal Education Reform Concept Paper and Despite approvals of the MOE, Action Plan developed and prepared for the the MOJ, and the Ministry of GOU’s approval Finance, the Ministry of Economic Development and Trade, the CMU did not manage to adopt the Legal Education Reform Concept Paper due to the time constraints imposed by a snap parliamentary election. After 06/20 In progress Ukraine’s new President Volodymyr Zelenskyy established the Law Reform Commission that now includes a Working Group on Legal Education Reform, New Justice is supporting the Working Group in finalizing the draft Legal Education Reform Concept Paper.

140

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 will host the meetings of the 03/20 In progress MOE Working Group on Legal Education Standards to develop and finalize the draft Legal Education Standards for Master’s Degrees in Law. New Justice supported international expert review of the draft Legal Education Standards for Master’s Degrees in Law. 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 ER 4.1.2 Law school administrators, Kharkiv, Chernivtsi, and Dnipro conducted Education Reform Concept faculty leadership, and instructors Paper in Odesa, Vinnitsia. aware of and understand national Up to three public roundtable discussions on the New Justice supported the strategy and standards for legal updated draft Legal Education Reform Concept MOJ and the Association of education and accreditation. Ukrainian Lawyers’ paper conducted 05/19 Achieved Committee on Legal Education in conducting such public discussions in Lviv, Kharkiv, and Kyiv.

141

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY International Legal Forum at the Yaroslav The Forum took place in Mudryi National Law University 11/17 Achieved Kharkiv on October 3-6, 2017.

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 Conference 04/18 Achieved "Legal Education Quality Assurance, University Autonomy and Academic Freedom in Preparing Legal Professionals for the 21st Century". 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 06/20 In progress Justice is considering presentation of such standards to interested 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.

142

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

143

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Draft guidelines for Ukrainian law schools’ New Justice developed an revision of their policies, procedures, and Innovative (Model) Law School Curriculum based on curricula to be in line with the adopted legal the Bologna requirements and education standards developed other international standards 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 06/20 In progress for its implementation. Five leading Ukrainian law schools received expert support in implementing the Innovative (Model) Law School Curriculum. New Justice plans to develop Methodological Recommendations for the Implementation of the Legal Education Standards using the Innovative (Model) Law School Curriculum. 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.

144

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY 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 ER 4.1.4 A minimal standard and Quality. Further, New Justice supported the recently- gold standard accreditation is established National Agency adopted to increase competition 10/20 In progress for Higher Education Quality among the law schools. Assurance and successfully advocated for using the

Methodology for the purposes of developing Standards for Accreditation of Education Programs, including educational programs in Law. 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 06/20 In progress Fedkovych Chernivtsi National University School of Law, the Taras Shevchenko Kyiv National University School of Law, and the Association of Ukrainian Lawyers showed their interest in implementing this instrument together. Sub-Objective 4.2: Quality Assurance Frameworks for Law Schools Developed

145

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Study tour to the U.S.A. for up to 15 policymakers, 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 school administrators, faculty, quality assurance frameworks Law University conducted and the Assessment 02/18 Achieved students, and other based on international standards Report publicly presented. stakeholders, including the MOE and the MOJ, on February and comparative best practices 6, 2018. adopted by leading law schools. New Justice supported the MOE, the MOJ, and the Taras Shevchenko Kyiv National University with organizing and conducting the International conference on legal education International Conference 04/18 Achieved quality assurance and assessment conducted "Legal Education Quality Assurance, University Autonomy and Academic Freedom in Preparing Legal Professionals for the 21st Century".

146

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.

147

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Up to two workshops on nature, scope, and application of the Standards and Guidelines for ER 4.2.2 Law school administrators, Quality Assurance in the European Higher faculty leadership, instructors, and Education Area (ESG) and the ESG-based Methodology for External, Independent, On-site student government 09/18 Achieved Assessment of Legal Education Quality representatives trained on nature, conducted for law school administrators, faculty scope, and operation of QAF. leadership, instructors, and student government members representing at least 10 Ukraine’s leading law schools 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.

148

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY New Justice publicly presented the draft Bylaws at the international conference Draft Bylaws on a Legal Education Quality in 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. Sub-Objective 4.3: Practice Oriented and Skills Based Instruction, Curriculum, and Activities Integrated

New Justice devoted one section of the May 30-31 Up to two basic TOT on modern methods of workshop on the Methodology ER 4.3.1 Modern instructional interactive teaching and learning the law for law for External, Independent, On- site Assessment of Legal methods adopted and implemented school faculty and student self-governance Education Quality for 18 members representing at least 10 Ukraine’s to ensure effective practice Achieved administrators and faculty to 07/17 leading law schools conducted interactive teaching methods oriented, skills based learning and formally adopted into school and skills-based education. Further, New Justice curriculum. conducted in July 2017 a workshop on developing experiential criminal law and procedure courses.

149

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

150

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

151

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

152

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

153

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

154

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY 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 Course implemented Professional Responsibility Course Syllabus. The Yuri by at least three leading law schools 06/19 Achieved Fedkovych Chernivtsi Law School, Ostroh Law School and Odesa Law Academy are implementing the course. 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.

155

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY 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 06/20 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 08/20 Partly achieved. conducted. conducted. Current practices and challenges related to ER 4.3.4 Judicial clerkship program organizing externships for students to 09/2020 Pending created in coordination with judicial stakeholders assessed. self-governance bodies and courts. Roundtable discussion on externships and 09/2020 Pending clerkship conducted.

156

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.

157

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.

158

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.

159

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY New Justice continues to advocate for the MOJ to set up a Center for Legal Testing to ensure Ukraine’s self-reliance as to developing quality legal test items going forward. The draft Legal Education Reform Concept Paper provides for the establishment of such Center for Legal Testing under Draft roadmap to support the MOE and the MOJ's the Ministry of Justice of implementation of a Unified State Qualifications Ukraine. On July 17, 2019 the 12/19 In progress Examinations of Bachelor and Master of Law Cabinet of Ministers of Candidates developed Ukraine adopted a Framework Regulation on the Unified State Qualifications Exam (USQE). New Justice successfully advocated for the establishment of a joint, MOE- MOJ Task Force on USQE and will provided expert support 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

160

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. Memorandums of understanding with three key New Justice also achieved a legal education reform stakeholders, including preliminary agreement with 12/19 In progress leading law schools and bar associations, the leadership of the Vasyl conducted Stus National University School of Law 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 cultural, financial, informational, conducted and assessed existing barriers in 09/19 Achieved CRC surveys in 613 courts legal and procedural barriers to the access to courts. located in 23 oblasts and city of Kyiv. CRC surveys courts removed or lowered for all Recommendations to remove or lower barriers in access to courts developed and communicated assessed existing barriers citizens, including vulnerable 12/19 Achieved in access to courts. citizens to GOU. groups. access to court information.

161

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

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

information and communicated them to courts. 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)

162

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY 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, COJ and SJA, although needs to revise them taking Achieved 06/20 into consideration current partially SJA implementation of e- ER 5.1.3 E-justice systems justice systems, court accessible to citizens to ease case consolidation process and filing, tracking, document results of CRC surveys. submission; payment and other Currently New Justice is working on incorporating court procedures and transactions. recommendations developed as the result of CRC surveys. 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.

163

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Task 5.1.5.1. Under APS support NGOs in their activities aimed at increase awareness of the 02/19 rights of people with disabilities among judges Achieved

and improving access to justice for people with disabilities. Up to 240 sign language court interpreters increased their knowledge of legal and judicial 12/19 terminology related to court hearings and Achieved

procedures.

Standards and criteria for participation of sign Grantee in cooperation with ER 5.1.5 Awareness of the rights of language interpreters in court hearings All Ukrainian Organization of Persons with Disabilities, SGBV developed and presented to judicial institution to Ukrainian Association of survivors, IDPs, veterans and other amend the law with purpose of clear legal People with Hearing 12/18 Pending Impairments provided vulnerable groups is increased regulation of sign language interpreters recommendations into current among judges, judicial personnel participating in court hearings. Draft Law on Regulation of and advocates. Issues of Sign Language Use in government, self-governance institutions and courts. 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.

164

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY 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 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 ER 5.1.6 SGBV survivors, children training course for judges on implementation of Ukraine jointly with NSJ and other vulnerable victims or the COE Istanbul Convention developed and piloted the 10/2018 training course for judges on Achieved witnesses afforded greater adjudicating domestic protections. violence cases that contain most of the provisions of the COE Istanbul Convention. Research on access to justice for SGBV victims New Justice conducted an 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

165

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Roundtable on the importance of ratification the Planned for the next reporting Istanbul Convention conducted period after the Parliamentary 09/2020 Pending elections as the new composition of the Parliament can ratify the Convention. 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. First in Ukraine up to seven Community Justice Three CJCs established and Center in Ukraine established and strengthened. functioning, two more are currently under New Justice consideration. New Justice partner CSOs in Partially cooperation with local 06/20 achieved communities are currently in the process of ER 5.1.7 Citizens, including developing proposals for vulnerable groups, actively establishing three more participate in access to justice CJCs. Estimated reforms. completion data changed. GOU included Community Justice Center New Justice key GOU approach in its strategy for reforming free legal partner on CJC is MOJ aid system. Coordination Center for Legal Aid Provision (CLAP); 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

166

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

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.

Expert working group to develop the training Expert working group to program for judges on humanitarian law and 03/18 Achieved develop training program

human rights protection in conflict context established. established ER 5.2.1 Awareness of human rights Round table on IHL and ICL application in armed Achieved and humanitarian law, how to conflict related cases with justices of the 04/19 Round table conducted exercise those rights, and the role of Supreme court conducted the courts in protecting human ToT on on application of the IHL and protection The ToT conducted rights increased among judges, of the rights of the most vulnerable in armed 12/19 Achieved November 26-27, 2019 judicial personnel and advocates conflict context conducted RFA for conducting ToT is issued. CSO is selected. The Training of trainers program on juvenile justice Grant Selection Committee did 03/20 In progress conducted not recommend the winner. New Justice will conduct ToT in the next reporting period. RFA for conducting ToT is issued. CSO is selected. The Training programs on juvenile justice for Grant Selection Committee did 05/20 In progress advocates conducted not recommend the winner. New Justice will conduct ToT in the next reporting period.

167

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY 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 Informational materials to support the campaigns implementation produced and National “I HAVE A RIGHT!” public awareness 09/18 Achieved disseminated. New Justice will

campaign conducted continue to support the campaign in the next reporting period. ER 5.2.2 Increased number of MOJ's Open Office, Donetsk and Luhansk regional Achieved Donetsk and Lugansk regional 03/18 human rights and humanitarian law departments are supported. departments supported cases resolved 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

168

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

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

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

169

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

National standards on teaching child rights New Justice is waiting work protection for all professionals working with 03/20 In progress plan confirmation from the children including judges and lawyers developed. MOJ Up to three CSOs selected and supported in Achieved monitoring and advocating for human rights 09/18 CSOs selected and supported.

protection by the courts

Human rights coalition supported in advocating New Justice experts supported CSOs advocating for the draft for the draft law on amending Criminal Code in 09/18 Achieved law adoption. Draft law is accordance with the IHL under review of GOU Up to ten CSOs supported in monitoring and Achieved CSOs selected and advocating for human rights protection by the 09/18 implemented grant programs ER 5.2.4 Human rights coalitions courts. monitor and successfully advocate the GOU, Judiciary, and Legal Aid Centers for increased protection of Human rights coalition supported in Achieved Draft law registered at the human rights by the courts. 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 Achieved and advocating for human rights 01/2019 and presenting piloting results

protection by the courts. of LHRI methodology

170

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY 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 Achieved protection of the rights of elderly people through 04/19 provided success stories and

courts are identified recommendations Partnership among judiciary and key human rights institutions strengthened 09/20 In progress

CSO (UHHRU) supported in conducting ER 5.2.5 Judiciary coordinates Precedent-UA 2017 in cooperation with Human 09/18 Achieved CSO selected and implemented regularly with the Human Rights Rights Ombudsman, judges and other human grant program Ombudsman and other key human rights institutions rights institutions to improve the Recommendations for promoting amicus curiae protection of human rights and institute in Ukraine developed and presented to Canceled humanitarian law through the 09/18 the judiciary. courts.

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

171

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

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.

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 Pending law conducted.

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

172

G. Counterparts and Beneficiaries Actively Involved in the Project

Counterpart/Beneficiary Importance to the Project/ Counterpart/Beneficiary Contact Information Description Role in the Project

Verkhovna Rada of Ukraine • The Parliament of Ukraine - the sole body of High: Chairman – Dmytro Razumkov (VR) legislative power in Ukraine • The Verkhovna Rada is • Participates in formation of the judiciary – responsible for adoption Address: 5, Hrushevskogo St., Kyiv, (National policymaker) appointment of one-third of the Constitutional of the laws of Ukraine Court composition, lifetime appointment of judges 01008, http://iportal.rada.gov.ua/en • Principal New Justice’s counterparts - the VR Legal Policy and Justice Committee

Presidential Office (PO) • Administrative office of the President of Ukraine High: Head – Andrii Bohdan • Established to provide organizational, legal, • The main state body (National policymaker) advisory, informational, expert and analytical, and formulating all national Address: 11, Bankova St., Kyiv, 01220, other support in the realization of Presidential policies regarding the Tel.: +03 (044) 255 7333, powers as stipulated by the Constitution of Ukraine judiciary http://www.president.gov.ua/en/

173

Counterpart/Beneficiary Importance to the Project/ Counterpart/Beneficiary Contact Information Description Role in the Project

Legal Reform Commission • Advisory body for the President of Ukraine High: Co-Chairs: • Created by the President of Ukraine on August 7, • The main task of the - Mykhailo Buromenskyi (Advisory body for the 2019 Commission is to enhance - Ruslan Riaboshapka President of Ukraine) • Members include members of the Parliament, the further development academics, judges, prosecutors, lawyers and of the legal system of Address: 11, Bankova St., Kyiv, 01220, representatives of the international donors’ Ukraine based on the rule community. of law, primacy of human • Established to address the reform of the judiciary rights, and with due and other related areas respect to the international obligations of Ukraine.

High Anti-Corruption Court • •The specialized court in the system of courts of High: Chief Judge – Judge Olena Tanasevych (HACC) general jurisdiction, which adjudicates high – • The HACC is the judicial profile corruption cases body which adjudicates Address: 41, Peremohy Avenue, Kyiv, (Judicial body) high-profile corruption Tel.: + +38044-585-27-43 cases in Ukraine https://hcac.court.gov.ua/hcac/

E-mail: [email protected]

174

Counterpart/Beneficiary Importance to the Project/ Counterpart/Beneficiary Contact Information Description Role in the Project

High Council of Justice (HCJ) • The HCJ is a collective, independent constitutional High: Chairman – Andrii Ovsiienko body of state power and judicial governance • One of the most important (Judicial governance body) operating on a permanent basis in Ukraine. New Justice’s counterparts Address: 12A Studentska Str., Kyiv, • The HCJ focuses on ensuring the judicial • As part of cooperation 04050, independence, functioning of the judiciary on with the HCJ, New Justice Tel.: +38 (044) 481 0620, principles of responsibility and accountability to contributes to the https://hcj.gov.ua/en society, establishing an integrity-based and highly development, discussion professional judicial corps, as well as observance of and introduction of the Constitution and laws of Ukraine, including constitutional, legislative professional ethics in the activities of judges and and regulatory changes prosecutors. with the view of strengthening judicial independence in compliance with the international standards. • The Program also provides support to improve the HCJ’s disciplinary practice with due consideration of and bringing in line with the international expertise and best practice.

175

Counterpart/Beneficiary Importance to the Project/ Counterpart/Beneficiary Contact Information Description Role in the Project

High Qualifications • The body operating on a permanent basis in the High: Chairman – Serhii Koziakov Commission of Judges of judiciary. The HQC’s main functions are (1) judicial • One of the most important Ukraine (HQC) selection and recommending for appointment and New Justice’s partners. Address: 9, Henerala Shapovala Str., (2) judicial qualifications evaluation • Cooperation between Kyiv, 03110, Ukraine • The HQC is composed of sixteen members: (Judicial governance body) New Justice and the HQC Tel.: +38 (044) 233-6702 1) eight judges appointed by the Congress of Judges is aimed at improving http://vkksu.gov.ua/en/ of Ukraine; judicial selection and

2) two persons appointed by the Congress of qualification evaluation. representatives of higher law schools and scientific institutions; 3) two persons appointed by the Congress of Lawyers; 4) two persons appointed by the Ombudsman of the Verkhovna Rada of Ukraine; 5) two persons appointed by the Head of State Judicial Administration

176

Counterpart/Beneficiary Importance to the Project/ Counterpart/Beneficiary Contact Information Description Role in the Project

Public Integrity Council • The PIC was established to assist the HQC in High: Coordinators – Mykhailo Zhernakov (PIC) determining the conformity of judges (candidates • New Justice provides and Andrii Kulibaba for judgeship) with the professional ethics and expertise and technical integrity criteria in the light of qualifications support to the Public Address: 9, Henerala Shapovala Str., assessment. Integrity Council targeted Kyiv, 03110, Ukraine • The PIC provides information to the HQC regarding at the Council’s Tel.: +38 (067) 799 7441 judges (candidates for judgeship) and, if there are institutional building, the appropriate grounds, the opinion on non- implementation of https://grd.gov.ua/ conformity of a judge (a candidate for judgeship) transparent and effective with the professional ethics and integrity criteria, operational procedures,

which is attached to the candidate’s dossier or the and building efficient judicial dossier. cooperation with the HQC. • The PIC’s composition includes representatives of human rights communities, academic lawyers, advocates and journalists who are recognized and highly reputable professionals in their area of activities and meet the political neutrality and integrity criteria.

177

Counterpart/Beneficiary Importance to the Project/ Counterpart/Beneficiary Contact Information Description Role in the Project

National School of Judges of • The NSJ is a state body with special status in High: Rector – Mykola Onishchuk Ukraine (NSJ) Ukraine’s judicial system, which provides courts • One of the most important Vice-rector – Nataliya Shuklina with qualified judicial and court staff, conducts New Justice’s counterparts (Body within the judiciary) trainings, scientific, and research activities in the in the area of training of Official address: 16-D Lypska St., Kyiv, judicial field judicial candidates and 01601, • The NSJ is established by the decision of the HQC ongoing training of judges Address for correspondence: / 30, 21.12.2010 822\p.4-3 and court staff Kyiv, 03110, а с № № Location: 120A Zhylyanska Str., Kyiv, 03110, Tel: +38 (044) 353 8340, E-mail: [email protected], www.nsj.gov.ua

State Judicial • The state agency responsible for administrative, High: Head - Zynovii Holodniuk Administration of Ukraine logistic, financial and other support to the judiciary • Main distributor of (SJA) funding to courts Address: 18/5 Lypska St, Kyiv, • Main performer of all Ukraine, (Body within the judiciary) statistical, IT and other Tel/fax: +38 (044) 277 7600 administrative work • Developer and implementer of all related policies • Has strong influence on courts despite its service status

178

Counterpart/Beneficiary Importance to the Project/ Counterpart/Beneficiary Contact Information Description Role in the Project

Supreme Court • The highest judicial body in the system of courts of High: Chief Justice – Justice Valentyna (SC) general jurisdiction. • The Supreme Court is the Danishevska • The authority of the Supreme Court includes, in highest judicial body in (Judicial body) particular, the administration of justice in line with Ukraine Address: 8, P.Orlyka St., Kyiv, procedural law, the analysis of judicial statistics, the Tel.: +38 0-800-501-492, generalization of judicial practice, as well as the https://supreme.court.gov.ua/suprem provision of opinions on draft bills relating to the judicial system, justice administration, status of e/ judges, enforcement of judgements and other issues E-mail: [email protected] concerning the functioning of the Ukrainian judiciary.

Local and appellate courts Courts of the first and second instances within judicial Medium: of all jurisdictions system of Ukraine • This cooperation provides the possibility to work not only at the top levels, but also at the grassroots level in practical implementation of all activities

179

Counterpart/Beneficiary Importance to the Project/ Counterpart/Beneficiary Contact Information Description Role in the Project

Council of Judges of Ukraine • The highest judicial self-governance body during High: Chair – Judge Bohdan Monich (COJ) the period between the Congresses of Judges, • Determines the policy of developing and providing for implementation judicial self-governance (Judicial self-governance measures to ensure judicial independence and to • Is responsible for Address: 18/5 Lypska St., Kyiv, 01601, consider issues related to legal and social protection body) implementing the Code of Tel.: + 38 (044) 277 7629, of judges Judicial Ethics and the http://rsu.gov.ua/ • Performs control over the organization of courts Communications Strategy activities and submits suggestions with respect to for the Judiciary court operation matters to the state authorities and developed in cooperation local self-governance bodies, executes other powers with New Justice. stipulated by law and included in the COJ terms of • Plays an important role in reference piloting court • The primary project counterpart is the COJ Expert performance evaluation Group on the Code of Ethics standards

180

Counterpart/Beneficiary Importance to the Project/ Counterpart/Beneficiary Contact Information Description Role in the Project

Ministry of Justice of • The principal body within the central executive High: Minister of Justice – Denys Malyuska Ukraine (MOJ) system responsible for implementation of the state • Partnership and legal policy and coordinated by the Cabinet of cooperation with MOJ will Address: 13 Horodetskogo St., Kyiv (Governmental body) Ministers of Ukraine contribute to improving 01001, • Resolves issues arising from generally accepted administrative services, Tel.: +38 (044) 278-3723, provisions of international law and international reforming effective [email protected], treaties of Ukraine acknowledged as binding by the enforcement of Verkhovna Rada judgements forming of an http://minjust.gov.ua/ • Ukraine’s judicial system comprises the MOJ and its effective free legal aid territorial bodies. The powers of the MOJ spread system in Ukraine and over notary, scientific institutions of forensic legal education reform examinations, enterprises, institutions and organizations • The coordinating Center for Free Legal Aid providing acts under the MOJ • Implements overall enforcement reform including launch of the profession of the private enforcement officer

Ministry of Education and • The central executive body coordinated by the High: Minister – Hanna Novosad Science of Ukraine Cabinet of Ministers of Ukraine • New Justice cooperates • A part of the central executive authority of Ukraine with the MOE in the area Address: Prospect Peremogy, 10, (Governmental body) and the main body responsible for the central of legal education reform 01135 Kyiv, executive development and implementation of Tel: +38 (044) 226 2661; + 38 (044) national policy in education and science (including issues of innovation and information technology, 481 4771, and intellectual property rights), youth, physical E-mail: [email protected], culture and sport www.mon.gov.ua

181

Counterpart/Beneficiary Importance to the Project/ Counterpart/Beneficiary Contact Information Description Role in the Project

Council of Europe (COE) • Based in Strasbourg (France) covers virtually the High: Olena Lytvynenko – Deputy Head of entire European continent among its 47 member • The COE can provide the Council of Europe Office in Ukraine (Donor) countries support in expert • Seeks to develop common and democratic assessment of key judicial Address: 8 Illinska Street, 7 entrance, principles based on the European Convention on legislation and conducting 6th floor, 04070 Kyiv, Human Rights and other reference texts on the events protection of individuals throughout Europe Tel: +38 (044) 425 6001, E-mail: [email protected] https://www.coe.int/en/web/kyiv

Organization for Security • The OSCE Project Coordinator is the second OSCE High: Ambassador - Henrik Villadsen and Cooperation in Europe field operation to have been established in Ukraine • New Justice achieved (OSCE) Project Coordinator for the purpose of carrying out tasks related to the cooperation with the OSCE Address: 16, Striletska St., Kyiv 01030, in Ukraine new form of co-operation between Ukraine and the Project Coordinator in Tel +38 (044) 492 0382, OSCE. This cooperation consists of the planning, Ukraine in the legislative http://www.osce.org/ukraine implementation, and monitoring of projects area and legal education (Donor) between relevant authorities of Ukraine and the reform initiatives OSCE and its institutions. Such projects may cover all aspects of OSCE activities (including rule of law and human rights) and may involve governmental as well as non-governmental bodies of Ukraine.

182

Counterpart/Beneficiary Importance to the Project/ Counterpart/Beneficiary Contact Information Description Role in the Project

EU-funded Project “Pravo- • EU-funded Project “Pravo-Justice” promotes greater High: Dovydas Vitkauskas, Team Leader of Justice” rule of law in Ukraine, in line with European • New Justice cooperates EU-funded Project “Pravo-Justice” standards and comparative practices. The Project closely with the EU Project (Donor) involves experts from various EU Member States in implementing private Address: 8 Illinska str., entrance 10, 2 and beyond, and will continue until the end of 2017. enforcement reform, legal floor, Kyiv, 04070, Ukraine Among other activities, the Project has assisted education and judicial [email protected] Ukrainian authorities in the judiciary reset and selection reform. selection of new Supreme Court judges, creation of Phone/Fax: +38 093 897 88 44 the Judicial Reform Council, restructuring of MOJ, https://www.pravojustice.eu/ reform of registers and e-justice, setting up of probation service, etc.

NGO “Transparency • TIU is a part of a global anti-corruption network High: Andrii Borovyk, Executive Director International Ukraine” founded in 1993 and known through its analytical • As New Justice grantee, (TIU) reports: the Corruption Perception Index and Global TIU implemented the Address: 37-41 Sichovykh Striltsiv str, Corruption Barrometer Study. TIU is one of the project aimed at Kyiv, 02000, Ukraine leading Ukrainian anti-corruption organizations (Grantee) supporting the PIC in [email protected] working on transparency in public finance, open developing its institutional Phone: +38 044 360 52 42 governance, development of effective anti- capacity and raising public corruption policies, and nurturing a network of awareness about PIC https://ti-ukraine.org/en/ skilled anti-corruption activists. activities.

183

Counterpart/Beneficiary Importance to the Project/ Counterpart/Beneficiary Contact Information Description Role in the Project

Nongovernmental • DEJURE Foundation was established in July 2016 as High: Iryna Shyba, Project Manager Organization “Foundation a result of many years of cooperation of experts • Dejure implemented Dejure” from the Judicial Reform Group of the Reanimation the project aimed at Telephone: +380 63 158 14 47 Package of Reforms. From September 2016, the increasing the E-mail: [email protected] organization is a member of the coalition of (Grantee) institutional capacity Reanimation Package of Reforms. DEJURE of arbitration courts Foundation is a non-governmental, non-profit to improve the organization. The organization was created with the protection of human purpose of promoting the development of the rule rights in arbitration of law as a doctrine and fundamental value, the courts. principle of building of a modern developed society • As New Justice and organization of public power, establishing a fair grantee, Dejure is trial, protecting human rights, and preventing and implementing the combating corruption in Ukraine and abroad. The project aimed at organization has four main areas of activity: justice supporting the PIC in for business, justice for children, anti-corruption developing its courts, and legal education. The goal of the institutional capacity, organization is to: promote the development of the raising public rule of law and reforms in the justice sector in awareness about PIC Ukraine. activities and providing remuneration for interested PIC members.

184

Counterpart/Beneficiary Importance to the Project/ Counterpart/Beneficiary Contact Information Description Role in the Project

NGO “Institute of Applied • Operating since 1999, the Institute has accumulated High: Mykhaylo Buromenskyi, President of Humanitarian Research” extensive experience in the field of fundamental • A New Justice grantee, the the Institute analytical research which has significant value for Institute performed a (Grantee) the Ukrainian law reform, accomplishments in law- project on monitoring Address: Constytutsiyi Square 1, making, conducting large–scale sociological surveys, judicial discipline practice, entrance 4, office 46-10, Kharkiv, organizing human rights events, conducting and currently implements 61002, Ukraine educational trainings and seminars. a project on monitoring • Key activities include promoting judicial reform in decisions of the both the [email protected] Ukraine, combatting corruption, electoral laws, and HQC and HCJ, as well as Phone: +38 057 714 99 52 human rights protection. the PIC opinions issued in www.iahr.com.ua the course of qualifications evaluation of judges and judicial candidates. • The Institute is competitively selected to implement grant project on monitoring SC decisions • In cooperation with the Council of Judges the Institute is developing standardized methodology to monitor public trust in the judiciary

185

Counterpart/Beneficiary Importance to the Project/ Counterpart/Beneficiary Contact Information Description Role in the Project

NGO “Court Management High: Nataliya Chumak, CEO Institute” The non-government organization “Court Management CMI implemented pilot testing Institute” (NGO “CMI”) is a non-profit, non-government of the European Commission Phone: +380 67 782 7033 organization that was founded in 2015 by alumni of (Grantee) for the Efficiency of Justice E-mail: [email protected] first ever in Ukraine Court Administrator Certification (CEPEJ) Check List for

Program implemented by USAID FAIR Justice Project in Promoting Quality of Justice cooperation with the Michigan State University. The and Courts in Ukrainian main goals of the Organization are: to unite judicial courts. Implementation of the officials’ efforts for addressing and protecting their joint Check List not only measures legal interests that are connected to innovative court courts organizational capacity management in Ukraine; to involve judicial officials in but also builds roadmap for public activities; to contribute to positive improvement for each court transformations in society; to develop, introduce, and through comprehensive self- share progressive ideas in the realm of court evaluation process management; to help with the institutionalization of court management in Ukraine.

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The Association of Investigative Judges of Ukraine is a Association of Investigative non-profit organization which aims to improve court High: Serhii Chvankin, Chief Judge of Judges of Ukraine administration practices and implement innovations in • The AIJU is a partner of Kyivskiy District Court of Odesa, Head (AIJU) the work of the court. Established by judges and has New Justice in a number of of Association judges as members. key areas related to the (Grantee) implementation of Phone: +380 50 395 0802 modern innovative IT

solutions in courts. • The AIJU, in cooperation with Kyivskyi District Court of the City of Odesa established with New Justice grant support and technical assistance the first in Ukraine court- annexed Community Justice Center.

NGO “Lviv Law School” Medium: Roksolana Lemyk, Head of the Lviv • Lviv Law School is a non-governmental • The Institute is Law School organization established in July 2014 to conduct competitively selected to (Grantee) analytical professional legal research, as well as implement grant project scientific and educational events. Address: 14 Sichovykh Striltsiv Str., on monitoring SC • The organization brings together academic experts Lviv, 79000, Ukraine decisions in the field of law (professors, associate professors, [email protected] and young researchers) who implement scientific Phone: +38 (032) 239-41-02 and have practical know-how that have been http://law.lnu.edu.ua/about/vho- developed for many years by the Lviv Law School. lvivska-pravnycha-shkola

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Ukrainian Bar Association • All-Ukrainian public organization, founded in 2002 Medium: President – Denys Buhai (UBA) to bring together lawyers for a strong and • One of the most dynamic influential professional community, which would and active organization of Address: 5 Mezhigirska street, office (Professional association) become a powerful voice of the legal profession of lawyers in Ukraine 15, Kyiv, 04071, Ukraine, Ukraine expanding activities Tel.: +38 (044) 492 8848, • The UBA is committed to the developing the legal abroad and taking a http://www.uba.ua/eng/ profession, improvement of legislation, proactive stance on many implementing ethical standards in provision of legal issues of legal life in services, protecting the professional rights of UBA Ukraine members and human rights in general • New Justice cooperates • Unites over 3,000 lawyers from all regions of the with the UBA in the areas country, including attorneys, notaries, scholars, of the bar, free legal aid judges, civil servants, MPs and well-known and legal education scientists in the field of law; student division of the UBA consists of more than 1,500 future lawyers from more than 50 educational institutions

Association of Private • All-Ukrainian professional organization, founded in Medium: Head – Serhiy Nikolaev Enforcement Officers of November 2017 joining private enforcement • New Justice Ukraine (APEOU) officers of Ukraine as prescribed by the Law. cooperates closely Address: 6 Mykoly Shepeleva Str., • APEOU is legal entity created to represent interests with the APEOU in Kyiv, 03061 of the profession and unites all private enforcement (Professional association) implementing private https://www.apvu.com.ua/index.php officers. enforcement reform.

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American Chamber of • One of the most active non-governmental and non- Medium: President - Andy Hunder Commerce in Ukraine (ACC) profit business organizations operating in Ukraine The ACC provides opportunity • Represents the internationally oriented investment to promote the rule of law in Address: Horizon Park Business (Professional association) community and facilitates the entrance of potential business community Center, new investors in the market 12 Amosova Street, 15 Floor, • Advocates on behalf of its members from more than 50 nations to the Ukrainian government and other Kyiv, 03680, governments-economic partners of Ukraine on Tel.: +38 (044) 490 5800, matters of trade, commerce, and economic reform Fax: +38 (044) 490 5801, • The Anti-Corruption and Bar Legislation Working E-mail: [email protected], Groups established within the ACC http://www.chamber.ua/

Yaroslav Mudryi National • A leading Ukrainian law school Medium: Rector – Vasyl Y. Tatsiy Law University • Has been actively participating in a number of New • Participated and continues Justice programs and events with an impact on the to participate in a series of Address: 77 Pushkinskaya Str., 61024, nation-wide legal education system New Justice activities and Kharkiv Ukraine events making an impact T l. +38 (057) 704 9293 on the modernization of E-mail: [email protected] the nation-wide legal е education system Website: http://nlu.edu.ua/

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National University "Odesa • A leading Ukrainian law school Medium: Rector – Viktor Zagorodniy Law Academy" • Has been actively participating in a number of New • Participated and continues Justice programs and events with an impact on the to participate in a series of Address: 23 Fontanska Doroga, Odesa, nation-wide legal education system New Justice activities and 65009, Ukraine events making an impact T l. +38 (8048) 719 8801, on the modernization of E-mail: [email protected] the nation-wide legal е education system Website: http://onua.edu.ua/

Taras Shevchenko Kyiv • A leading Ukrainian law school Medium: Rector – Leonid Guberskii National University, Law • Has been actively participating in a number of New • Participated and continues Dean – Ivan Hrytsenko

School Justice programs and events with an impact on the to participate in a series of nation-wide legal education system New Justice activities and Address: 60 Volodymyrska Str., Kyiv. events making an impact 01601, Ukraine on the modernization of the nation-wide legal Fax +38 (044) 239 3237, education system ETеl.-mail: +38 [email protected] (044) 239 3186, Website: https://www.law.univ.kiev.ua/ua/

Yuriy Fedkovych Chernivtsi • A leading Ukrainian law school Medium: Rector – Stepan Melnychuk National University, Law Has been actively participating in a number of New • Participated and continues Dean – Petro Patsurkivskyi School Justice programs and events with an impact on the to participate in a series of nation-wide legal education system New Justice activities and Address: 2 Kotsjubynskyi Str. events making an impact Chernivtsi 58012, Ukraine on the modernization of T l. +380-372-526235, the nation-wide legal education system Fax +380-372-552914, E-еmail: [email protected] Website: http://www.chnu.cv.ua/

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Law School Director – Ivan Gorodyskii Ukrainian Catholic • A leading Ukrainian law school Medium: University Law School • Has been actively participating in a number of New • Participated and continues Address: 17 Sventsytskogo Str., Lviv, Justice programs and events with an impact on the to participate in a series of 79011, Ukraine nation-wide legal education system New Justice activities and T l. +38 (032) 240 9944, events making an impact Fax +38 (032) 240-99-50, on the modernization of е the nation-wide legal E-mail: [email protected] education system Website: http://law.ucu.edu.ua

Vasyl Stus Donetsk National • A leading Ukrainian law school Medium: Dean – Antonina Bobkova University, Law School • Has been actively participating in a number of New • Participated and continues Justice programs and events with an impact on the to participate in a series of Address: 2 Grushevskogo Str., nation-wide legal education system New Justice activities and Vinnytsya, 21050, Ukraine events making an impact T l. +380 (432) 50 8947 on the modernization of the nation-wide legal E-mail: [email protected] е education system Website: http://law.donnu.edu.ua/uk- ua/about-the-faculty President – Andrii Meleshevych National University of • A leading Ukrainian law school Medium: Dean – Denys Azarov “Kyiv-Mohyla Academy”, • Has been actively participating in a number of New • Participated and continues Faculty of Law Sciences Justice programs and events with an impact on the to participate in a series of Address: 2 Skovorody Str., Kyiv, nation-wide legal education system New Justice activities and 04070, Ukraine events making an impact T l. +38 (044) 425 6059, on the modernization of Fax +38 (044) 463 6783, the nation-wide legal E-еmail: [email protected] education system Website: http://www.ukma.edu.ua/index.php/ osvita/fakulteti/fpn

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NGO “Civic Lustration • The CLC aims to purge government of individuals Medium: Chair of the Board - Oleksandra Drik Committee” (CLC) who compromised themselves with work for the • As a New Justice grantee, previous regime and corruption. CLC is CLC monitors public Address: 16-22 B. Khmelnytskogo Str., (Grantee) permanently exercising civic control over the officials lustration and Building B, Room 408 / 1-3 0, Kyiv, implementation of the Law "On government judicial vetting progress 01030, Ukraine cleansing" and the Law "On prevention of T l. +38 (067) 719 9835, corruption" (in terms of e-declaration). Activities E-mail: [email protected] are also related to legislation and reforms of the е judiciary, civil service, law enforcement agencies, Website: www.lku.org.ua disclosure of public/budget expenditures and wealth of officials

NGO “Centre Women • CWP works in the area of women’s rights Medium: Director, Project Manager – Luba Perspectives” (CWP) protection, gender equality, providing legal and • A New Justice grantee, Maksymovych psychological support to the domestic and sexual CWP jointly with NSJ is (Grantee) violence victims as well as to the victims of human finalizing a training Address: 36 Chervona Kalyna Ave, trafficking. They also implement initiatives to program for women Trade Center “Shuvar”, office 315, Lviv increase the competitiveness of women in the labor judges on leadership and Tel. +38 (050) 910-57-55 market to promote women to the decision-making gender awareness. level positions. E-mail: [email protected] Website http://women.lviv.ua

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NGO “La Strada Ukraine” • LSU is focused on conducting research on human Medium: President – Olga Kalashnyk trafficking, sexual exploitation of children, gender- (LSU) A New Justice grantee, LSU based violence, including domestic violence, jointly with NSJ is finalizing a Address: 71/2 Peremogy Str., office. (Grantee) discrimination, and on developing initiatives to Curriculum for judges on improve state policy and public awareness on these 32, Kyiv, 03113 Adjudicating Domestic areas. LSU also operates a Hot Line on prevention, Tel. +38 044 205 36 95 providing with consultations on safely going abroad Violence Cases. E-mail: [email protected] to work, study, marry, etc., on violence prevention Website https://la-strada.org.ua/ and child rights protection, and psychological, legal and informational assistance to victims of trafficking and violence.

NGO “Association for the • ARSSU is focused on the development of judicial Medium: Project Manager - Margaryta Development of Judicial self-government and responsible leadership in the A New Justice grantee, ARSSU Stepanyuk. Self-Government in judiciary in Ukraine and is a voluntary association produced animation videos Ukraine” (ARSSU) of judges to exercise and protect their professional and a book for kids (7-9 years Address: 5 Mezhyhirska St., off. 15, rights and strengthening of the independence of of age) to raise awareness Kyiv, 04071 judges. (Grantee) about courts and ideas of Tel: +38 044 492-88-48 justice. E-mail: [email protected] Website: http://arssu.org.ua/ As New Justice’s grantee, the ARSSU conducted a series of round tables on judicial self- governance issues and prepared recommendations for improvement of operations of top judicial institutions in multiple areas.

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NGO “European Dimension” • European Dimension aims for the realization and Medium: Program Manager – Nataliia Gres protection of social, economic, legal, environmental, A New Justice grantee, (Grantee) creative, spiritual, and other common interests of its European Dimension Address: Sumy, 160 Kondratiev St., members. Consolidation of social activities on conducted the “Changing the room 1 protection of national interests of Ukraine and Court Together – We Form the Mobile: +380501306247 provision of explanatory activities on Ukrainian integration into European social democratic Law System of the Future” E-mail: [email protected] (economic) dimension. activity in Sumy Oblast. The activity aimed to increase public awareness of judicial reform and increase public trust in the judiciary. The grantee conducted two roundtable discussions: “Positive Vision for the Court: Perspectives for Development,” and “Perspectives of Mediation Implementation in Courts.” They also produced three leaflets: “New Justice - the Main Changes,” “Accessible Justice,” and “Openness of Trial.” Moreover, the grantee conducted a series of off-site “judiciary school” trainings for children and first-year students of non-law faculties in Okhtyrka, Lebedyn, Putivl and Sumy (Sumy Oblast). The

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Counterpart/Beneficiary Importance to the Project/ Counterpart/Beneficiary Contact Information Description Role in the Project grantee also conducted a judicial tournament among the pupils of Sumy schools.

NGO “Committee of Voters • CVU’s mission is to create conditions for human Medium: Program Manager – Natalia Lynnyk of Ukraine” (CVU) rights implementation and actual democracy by A New Justice grantee, CVU means of the following: (1) education and implemented the project Adress: Ukraine, 01001, Kyiv \ 25 (Grantee) involvement of citizen, civil society organizations; “Raising Public Awareness on Telephone/Fax: +38 044 337 5101, (2) participation in developing and implementation the Status and Progress of the +38 094 906 0101, +38 050 469а с 2164 of state policy; (3) public monitoring and control over policy implementation; (4) interaction with Judicial Reform at Local and / +38 044 337 5101 stakeholders. National Levels” activity in 14 E-mail: [email protected] oblasts. The activity aimed to raise public awareness on the status of judicial reform, restore confidence in the judiciary, and strengthen awareness of the inevitability and necessity for judicial reform.

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NGO “Zaporizhzhia Human • ZHRG’s major objectives of are: (1) provision of free Medium: Executive Director – Serhii Rights Protection Group" legal aid to disadvantaged population; (2) human A New Justice grantee, ZHRG Pashchukov (ZHRG) rights popularization, dissemination of information completed its grant activity and knowledge about human rights; (3) aid to “Judicial Reform at the Local Address: Apt. 100, 11 Shchaslyva St., internally displaced persons of Donbas and Crimea; (Grantee) Level: Simply About Zaporizhzhia, 69065 Zaporizhzhia (4) monitoring of openness and transparency of public authorities and local self-government; and Complicated Things” in oblast (5) monitoring of human rights observance Zaporizhzhia Oblast. The Phone: +38 067 106 1340 activity aimed to increase E-mail: [email protected] Zaporizhzhia Oblast residents’ awareness on judicial reform implementation, and also encourage them to proactively participate in monitoring judicial reform in the region. The grantee produced and disseminated informational leaflets and posters entitled “Judicial Reform – Simply About Difficult”. Moreover, the grantee facilitated eight seminars for students on “Judicial Reform at the Local Level – Role of Universities and Youth” and six roundtables entitled “Judicial Reform at the Local Level and Protection of Human Rights” in Zaporizhzhia Oblast.

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Civic Union "Ukrainian • UHHRU is the largest association of human rights Medium: Telephone: +38 044 485 17 92 E-mail: Helsinki Human Rights organizations in Ukraine, which brings together 29 A New Justice grantee, UHHRU [email protected] Union" human rights NGOs with the purpose of human completed a grant activity (UHHRU) rights protection. UHHRU deems itself as part of the aimed at helping the free legal Helsinki movement and continuator of traditions aid system to become more and activities of the Ukrainian Helsinki Group to (Grantee) Promote the Implementation of the Helsinki effective in carrying out their Accords on Human Rights. tasks in the provision of legal aid, especially in civil and administrative cases; a grant activity aimed at improving the application of the European Court for Human Rights (ECtHR) case law by national courts; and a grant activity aimed at ensuring the observance of human rights in activities of local self- government through public monitoring of local policies and programs in context of the respect for human rights and taking into account the needs of vulnerable groups.

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Nongovernmental • Legal Development Network is a coalition of NGOs Medium: Executive Director, Yevgen Poltenko, Organization "Legal engaged in the development of local communities A New Justice grantee, LDN [email protected], Development Network" by providing free primary legal aid. The Network completed a grant activity +38 (050) 315 2340 (LDN) emerged in 2009, entitled "The Network of aimed at increasing access to Community Law Centers". 8 organizations decided justice for vulnerable groups to join their efforts in order to: (Grantee) - develop common approaches for legal aid in the by establishing effective communities communication between - summarize and analyze typical providers of legal aid in applications\requests communities and courts, - standardize the provision of legal aid. monitoring activities of legal aid in the communities of Volyn, Kharkiv, and Kherson.

Nongovernmental • Chernihiv Public Committee of Human Rights Medium: Viktor Tarasov, Executive Director Organization "Chernihiv Protection (ChPCHRP) is a registered non- A New Justice grantee, Human Rights Protection governmental, non-profit, non-partisan ChPCHRP completed a grant Telephone: +38 (0462) 625 381 Committee" independent organization. ChPCHRP’s mission is to activity aimed at facilitating E-mail: [email protected] defend human rights and fundamental freedoms in (ChPCHRP) access to justice for asylum order to secure principles of human dignity and promote a democratic legal society. seekers, migrants and other (Grantee) vulnerable groups of non- citizens in Ukraine.

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Nongovernmental • SocialBoost is a technology-focused NGO operating Medium: Viktor Gurskyi, Executive Director Organization "Social Boost" in Ukraine since 2011. It brings together the startup A New Justice’ grantee, community and the government to address the SocialBoost completed a grant Telephone: +38 050-731-27-13 (Grantee) challenges Ukraine faces by launching innovative activity aimed at improving E-mail: [email protected] start-ups and electronic services. In 2016 access to justice in Ukraine by SocialBoost received support from USAID, Western NIS Enterprise Fund, IRF and Microsoft, amounting raising awareness of the to about $1.8 million in grant and non-grant funds. innovative opportunities and by supporting justice innovators and startup community in the field of law across the country.

Human Rights Organization • The objective of the Human Rights NGO is to Medium: Vitaliy Drobotun, Director “Human Rights” establish a harmonious democratic society in which A New Justice grantee, Human there is no corruption and the rights and freedoms Rights NGO completed a grant Mobile: +38 066-955-31-31 (Grantee) of citizens are being protected, including the right to activity aimed at promoting Email: [email protected] access to justice for vulnerable groups of the the effective use of the right to population. The organization also aims to improve and protect the rights of people with disabilities in access to justice for persons Ukraine. The organization's vision is that people with mental health and with disabilities in Ukraine are full and equal in intellectual disabilities by their rights members of society. raising awareness of judges, court staff, advocates, and human rights defenders about the special needs and rights of this category of citizens.

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Nongovernmental • The Human Rights Vector NGO is a human rights Medium: Valeriya Rybak, Director Organization “Human organization founded in 2016 for the purpose of A New Justice grantee, Human Rights Vector” realizing and protecting fundamental freedoms and Rights Vector NGO completed Telephone: +38 050 41 12 047 human rights through support to the practical a grant activity aimed at E-mail: [email protected] implementation of the norms and principles (Grantee) creating an effective regional contained in the international documents ratified by Ukraine as well as other obligations of Ukraine in network of legal the sphere of human rights and fundamental commentators by the forces of freedoms. lawyers, experts in the field of justice and activists from different oblasts of Ukraine as a new mechanism for monitoring the implementation of the right for a fair trial, enhancing the level of transparency of court activities, raising the level of citizens' awareness of the principle of litigation transparency, as well as other components of the right for a fair trial.

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Nongovernmental • CPLR is a non-government think-tank, non-profit Medium: Mykola Stepanov Organization “Centre for civil society organization established in 1996 to A New Justice grantee, CPLR Policy and Legal Reform” facilitate political and legal reforms. In 2016, CPLR completed a grant activity Telephone: +38 044 278 03 17 was recognized as one of the most transparent (CPLR) aimed at facilitating E-mail: [email protected] think tanks in the world. establishing fair judicial [email protected] (Grantee) defense of rights in the Constitutional Court of Ukraine by constitutional appealing.

Transcarpathia Oblast • Activities of the Transcarpathian Regional Medium: Gennadiy Chichak Charity Foundation "Roman Charitable Foundation "Roma Long Life" (founded A New Justice grantee, RLT Lungo Trayo" in 2002) aims to help Roma population to improve completed a grant activity [email protected] its living conditions through implementation of aimed at protecting the rights +380505694884 various projects and actions. Over the years, the (Grantee) of representatives of the organization has accumulated extensive experience in working with the Roma, especially in the Roma minority and expand protection of their rights and interests. The Fund their access to justice. has a good reputation in Roma communities and across the region. This is evidenced by the numerous reviews of gratitude of customers, co- organizers and partners.

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Nongovernmental • The non-governmental organization “Society and Medium: Oksana Koval, Head of the Board Organization “Society and Law” currently includes 8 members. The A New Justice grantee, Society Law” organization’s goal is to unify intellectual and public and Law Telephone: +38 097 981 27 38 resources in order to promote the protection and completed a grant activity E-mail: [email protected] safeguarding of human and civil rights and (Grantee) aimed at raising awareness fundamental freedoms in accordance with the Constitution, Ukrainian legislation and among senior people in the international legal agreements on human city of Lviv and Lviv region rights. It also aims to promote the formation of regarding their rights and civil society based on the principles of the rule of ways to protect them, law and development of legal culture and citizens' particularly through trial, as legal consciousness. well as increasing the level of citizens' trust in the judicial system of Ukraine through familiarization with judicial procedures and trials.

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Nongovernmental • KyivPride is a newly created NGO which relies on Medium: Panukhnyk Rusalana, Director Organization “KyivPride” the rich experience and professionalism of its A New Justice grantee, members who have worked in previous Organizing KyivPride completed a grant Telephone: +380 97 759 03 39 (Grantee) Committees since 2012. Also, KyivPride is well activity aimed at analyzing the E-mail: [email protected] known and respected within the international and state of affairs in Ukraine national stakeholders’ community. regarding access to justice of one of the most vulnerable, closed and discriminated groups of society - the community of gays, lesbians, trans, bisexuals and intersex people.

International Charitable • The international charitable organization Medium: Hanna Khomechko, Projects and Organization Environment- “Environment-People-Law” (EPL) was founded in EPL was implementing the Programs Manager People-Law 1994 as one of the first environmental NGOs in the project aimed at improving (EPL) former Soviet Union. The mission of the access to justice in the field of Telephone: +380 67 128 26 74 organization is to secure the rule of law for the protection of the environment E-mail: [email protected] environmental protection purpose. EPL provides (Grantee) free legal consultations to citizens on protection of and environmental rights of their rights, handles court cases, does law drafting citizens through education for and commenting, analyzes and develops judges. environmental policy, develops environmental education and culture.

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Civic Association “Ukrainian • UAM has established and maintains a platform for Medium: Luiza Romanadze, 1President Academy of Mediation” legal professionals and mediators – an Annual UAM implemented the project (UAM) Mediation and Law Forum. The above-mentioned aims at promotion of better Telephone: +380 67 939 35 85 platform provides an opportunity for legal access to justice by providing E-mail: [email protected] professionals to gain and deepen their knowledge citizens and lawyers with (Grantee) on mediation and other alternative dispute information on alternative resolution methods. The forum rapidly gained popularity. In 2017, more than 130 lawyers from extrajudicial and peaceful different regions of Ukraine participated in it settlements of disputes and (almost one-third of the forum participants were giving citizens an opportunity judges of virtually every jurisdiction, almost half of to apply for gratuitous all participants were attorneys for the defense, and mediation service. the remaining part were legal professionals from among lawyers and academia representatives). On a UAM is implementing the permanent contractual basis, UAM cooperates with the courts of various jurisdictions (Commercial project “Support of Legal Court of Odessa Oblast, Odessa Circuit Higher Institutions Through Administrative Court, Kyiv District Court of Odessa, the Development of etc.) in order to raise awareness of judges on the Methodological Support for issue of mediation and develop draft amendments Educational Process of to procedural codes with the view of extensive use Mediation Disciplines in Order of mediation in Ukraine. to Improve the Quality of Legal Education and Promote Wider Use of Alternative Dispute Resolution Mechanism”, in framework of each UAM is developing a Textbook “Mediation in the Professional Activity of a Lawyer” and a Methodical recommendation for law schools how to use this

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Counterpart/Beneficiary Importance to the Project/ Counterpart/Beneficiary Contact Information Description Role in the Project Textbook for lawyers’ training.

NGO “Association for Family • Basing on the best world practices and experience, Medium: Svitlana Stadnyk, Chairman of the Mediators of Ukraine” the “Association for Family Mediators of Ukraine” AFMU is implementing the Board was created on January 2019 in order to: offer the project aims at promotion of a (Grantee) community of professional family mediators culture of peaceful and Telephone: +380 50 385 96 57 internationally recognized code of practice and effective conflict resolution in E-mail: [email protected] accreditation; provide support for family mediators in their quest for development and Ukrainian families to ensure professionalization; promote the values and the observance of children's practice of family mediation for Ukrainian families. rights and reduce the burden Our great dream is that every Ukrainian would on the courts by informing know about family mediation. and providing access to family • At this moment AFMU: is coordinating work of mediation as an alternative experts on Standarts of training of family way of settling disputes mediators; is providing monthly supervisions, intervisions and simulations for professional support and growth of family mediators; provides free online and offline educational activities for parents in order to raise awareness about family mediation; holds webinars for family mediators with experts in family mediation from around the globe; in cooperation with Federal Association for Family Mediation e.V. of Germany provided education to train supervisors in family mediation in Ukraine

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NGO National Association of • NGO "National Association of Mediators of Ukraine" Medium: Diana Protsenko, President Mediators of Ukraine is a non-governmental and non-profit association of (NAMU) specialists in the field of mediation and conflict In framework of a grant NAMU Telephone: +380 63 769 5130 developed training standards for resolution who understand the value of joint efforts e-mail: [email protected] in development of their professional sphere. The mediators and presented them to Association was registered in 2014. NGO "NAMU" the mediators’ community. coordinates interaction of the mediator community with legislators in the process of forming a regulatory framework in this area, cooperates with state authorities in the implementation of procedures and rules for resolving disputes in their spheres of competence. In particular, there is cooperation with a relevant Parliamentary Committee (bill on mediation), the Ministry of Justice (cross-border mediation), the Ministry of Social Policy (issues of standardization of the provision of social mediation services), and others.

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Center for Constitutional • NGO “Center for Constitutional Initiatives” (CCI) is Medium: Serhii Riznyk, Head Initiatives an analytical non-governmental organization that CCI was implementing the 12 Storozhenka street, Suite 501, Lviv, project aimed at promotion of (CCI) carries out expert, research, legislative and 79018 the effective implementation educational activities. The main partner of CCI is the Law School of Lviv National University named after of the constitutional (Grantee) Telephone: +38 (096) 274 25 36; Ivan Franko. complaint in the actual mechanism of human rights +38 (032) 239 50 59 protection in Ukraine through [email protected] the multilevel informational http://www.cki.org.ua/ and educational impact on various social and professional groups with allowance for their needs and motives for using this institution, level of legal knowledge, general educational background etc. Regional Public Charitable • The NGO has considerable experience in Medium Telephone: +38-032-255-04-19 Foundation “Law and implementing projects related to access to justice. The grantee implements the E-mail: [email protected] Democracy” • The Foundation closely cooperates with a large project aimed at introducing a Andriy Buryy system of continuous training number of NGOs from Western Ukraine, as well as Email: [email protected] other human rights organizations in Ukraine and of sign language interpreters Grantee international institutions, including: Ukrainian who participate in litigation in Helsinki Human Rights Union, National Association order to improve their of Persons with Disabilities of Ukraine, UTOG, knowledge of legal and Foundation judicial terminology, court of German-Polish Mutual Understanding (Poland), procedures and to ensure ResidentsBatory Foundation Advice Bureau (Poland), (Poland), Krzyżowa the Danish proper access for the deaf Institute for Human Rights (Denmark), the US people and persons with Embassy in Ukraine, USAID, etc. The organization hearing impaired to justice actively engages volunteers in its activities.

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Nongovernmental The organization was established in 2011 with the goal Medium Sergiy Kovalenko, Chairman of the Organization “Donbas of comprehensive protection and promotion of human The grant project aims at Board facilitating access to justice for Democratic Development rights in Donbas. people with disabilities in Agency” Activities: Donetsk and Luhansk oblasts Telephone: +38-093-507 76 95 • Legal research and legal education; through implementation of E-mail: [email protected] Grantee • Protection of rights of internally displaced persons effective mechanisms for in Donbas monitoring the rights of • Development of draft regulations and their people with disabilities and promotion in state authorities and local self- raising awareness of judges government. and court staff about the • Monitoring of human rights violations in the region rights of people with • Lobbying of public interests in the state authorities disabilities. and local self-governments

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G. Success Story SNAPSHOT Using Innovative Technology to Attract Investment and Increase Access to Justice in Ukraine Young innovators are using their tech skills to Unpredictable judicial decision-making together with confusing and time- increase transparency in the justice sector in consuming court procedures, badly structured and “dirty” open data, Ukraine. poorly qualified lawyers and expensive legal services are some of the foremost challenges for Ukrainians facing legal problems. However, with the ingenuity of young, tech savvy Ukrainians all of this is changing. Since 2017, USAID through its New Justice Program in a partnership with SocialBoost, a Ukrainian civic tech NGO, come together with Kyiv Legal Hackers is supporting developers in promoting start-ups focused on improving access to justice in Ukraine.

Kyrylo Zakharov, Co-founder of the legal tech start-up Court on the Palm, despite not having a law degree, is creating a more transparent legal system in Ukraine through gathering data from government registries, analyzing the database of court decisions, and systemically cleaning and organizing these data sets. Court on the Palm allows Ukrainians to search, explore,

and visualize data related to court decisions. More than 400,000 Ukrainians PHOTO: SocialBoost NGO have used Court on the Palm’s interface and data to meet their legal needs, including ten teams of developers designing new products. Natalia Vladimirova speaks at the boostcamp event in Kyiv organized by SocialBoost with USAID New Justice Natalia Vladimirova, CEO and co-founder of PatentBot, created a bot that Program support. helps users to quickly and inexpensively check and register trademarks. PatentBot reduces the trademark registration process to 5 minutes and halves the cost for similar services provided by a typical patent lawyer. " We strive to ensure that as many people as Attracting $70,000 in angel investment funding, PatentBot has now scaled possible can get protection for their business. up from Ukraine extending the reach of its services to the European This is our goal!” Union, United States, and China. This success has not gone unnoticed with Forbes magazine citing PatentBot as an easy to use tool for a mundane — Natalia Vladimirova, Co-founder and CEO of task.1 PatentBot Brothers Yuriy and Oleg Zaremba, co-founders of Axdraft, combine legal and IT expertise to automate the most common work for lawyers – drafting legal documents. As Yuriy noted in a Financial Times article, almost any legal document can be automated in about a week.2 Axdraft provides services for law firms and companies reducing the cost and time that it takes to prepare routine documents. In 2019, Axdraft received $1.1 million in angel investment, allowing it to scale up business in the Europe, growing its client base to Carlsberg and Creative Mobile, an independent game developer, and the United States, where it launched a site that provides free legal documents for start-ups.3

These successful innovations are a result of collaborative and problem- solving approach led by USAID contributed to improved mechanisms for better access to justice in Ukraine and ultimately around the globe.

1 https://www.forbes.com/sites/curtissilver/2018/02/22/teampay-accountancy-suite-bots-business/#4d39f1e83eaa 2 https://www.ft.com/content/3dca8588-d061-11e8-9a3c-5d5eac8f1ab4 3 https://www.avodocs.com/ 209