Nove Pravosuddya Justice Sector Reform Program (New Justice)

NOVE PRAVOSUDDYA JUSTICE SECTOR REFORM PROGRAM (NEW JUSTICE)

Annual Performance Report October 2018-September 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 2 II. CONTEXT UPDATE 4 III. EXECUTIVE SUMMARY 5 IV. KEY NARRATIVE ACHIEVEMENT 16 V. PROGRESS AGAINST TARGETS 42 VI. PERFORMANCE MONITORING, EVALUATION AND LEARNING 44 VII. LESSONS LEARNED 48 VIII. ENVIRONMENTAL MONITORING 50 IX. PROGRESS ON LINKS TO OTHER ACTIVITIES 51 X. PROGRESS ON LINKS TO HOST GOVERNMENT 53 XI. PROGRESS ON INCLUSIVE DEVELOPMENT 54 XII. FINANCIAL INFORMATION 55 XIII. GRANTS AND SUBCONTRACTS 56 XIV. ACTIVITY ADMINISTRATION 57 XV. ATTACHMENTS 60 A. List of Deliverables 60 B. Public Outreach Documents 65 C. Performance Data Table 66 D. Grants and Subcontracts Table 96 E. Future Activities Table 114 F. Milestones Progress Report 118 G. Counterparts and Beneficiaries Actively Involved in the Project 189 H. Success Stories 223

I. ACRONYMS AND ABBREVIATIONS ADR Alternative Dispute Resolution ALCU Association of Legal Clinics of Ukraine APEOU Association of Private Enforcement Officers of Ukraine BPA Business Process Analysis CJC Community Justice Center CCU Constitutional Court of Ukraine CMI Court Management Institute CMU Cabinet of Ministers of Ukraine COE Council of Europe COJ Council of Judges CRC Citizen Report Card CSO Civil Society Organization ECHR European Convention on Human Rights ECtHR European Court of Human Rights 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 HIPC High Intellectual Property Court HQC High Qualifications Commission of Judges IAHR Institute for Applied Humanitarian Research IFJSE International Framework for Judicial Support Excellence IT Information Technology JSRS Justice Sector Reform Strategy LRC Legal Reform Commission 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 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 PEO Private Enforcement Officer PIC Public Integrity Council PIO Public Information Officer 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 On April 21, 2019, the second round of the Presidential elections took place. Volodymyr Zelenskyy won the elections with the support of 73.22% of the voters. On May 20, 2019, the newly elected President took the oath in the Verkhovna Rada. On August 7, 2019, President Zelenskyy established the Legal Reform Commission (LRC). The main task of the Commission is to enhance the further development of the legal system of Ukraine based on the rule of law, primacy of human rights, and compliance with the international obligations of Ukraine. With the same decree, the President liquidated the Constitutional Commission and Judicial Reform Council.

During the reporting period, the President proceeded to appoint 38 judges of the High Anti- Corruption Court (HACC) comprised of 27 in the HACC and 11 in the HACC Appellate Chamber. The final list of judges includes 19 (50%) judges, 12 (31.6%) lawyers, four (7.9%) law professors and four (10.5%) candidates with a mixed background.

The High Qualifications Commission of Judges (HQC) conducted a competitive selection for the 78 vacancies in the Supreme Court (SCt). The HCJ recommended 75 candidates for Presidential appointment. 15 out of 75 justices that have been appointed to the SCt have Public Integrity Council (PIC) negative opinions regarding their integrity and professional ethics.

Legal education reform gained momentum with the Cabinet of Ministers of Ukraine (CMU) adopting the Government Priority Action Plan for 2019 which included a provision for approval of the Legal Education Reform Concept Paper (LERCP) in 2019. Despite approvals from the Ministry of Education and Science (MOE), the Ministry of Justice (MOJ), and the Ministry of Finance, the Ministry of Economic Development and Trade, the CMU did not adopt the LERCP due to the time constraints imposed by the snap parliamentary election. The CMU launched the National Agency for Higher Education Quality Assurance (NAHEQA) and the National Bar Association set up its Legal Education Committee, increasing the number of legal education reform stakeholders. The SCt also shaped the legal education reform context by ruling on the legality of the CMU’s Decree on the List of the Fields of Knowledge and Specialties in Ukraine’s Higher Education System challenging its provisions regulating academic requirements for accessing the legal profession. As the SCt did not provide a clear cut solution regarding such academic requirements, New Justice advocated for legislative changes to enable the implementation of legal education reform and supported the MOE Working Group in drafting amendments to the Law “On Higher Education” pending consideration by the Verkhovna Rada. And now the LRC established includes a Working Group on Legal Education Reform aimed at finalizing the draft Legal Education Reform Concept Paper.

During the first half of 2019, Private Enforcement Officers (PEOs) collected UAH 1,3billion, nearly twice the amount collected over the entire course of 2018 (UAH 795 million). Furthermore, representatives of the profession showed impressive effectiveness by enforcing 82% of cases in 2018. The total number of acting PEOs grew from 55 in the second half of 2017 to 163 in 2018 and to 197 by the end of 2019.

On August 29, 2019, the CMU appointed a new Minister of Justice, Mr. Denys Malyuska. He immediately announced his intention to make the reform of the system of enforcement of judgements to be one of his key priorities.

III. EXECUTIVE SUMMARY Key Narrative Achievements Extraordinary Parliament Elections which took place in July 2019 resulted in one pro-President party majority in the Parliament, creating threats to democratic governance in Ukraine as the checks and balances system became very fragile. Building upon its previous accomplishments and lessons learned in 2019, New Justice had to safeguard the progress achieved in the Ukrainian justice sector, including the terms of judicial independence and accountability; transparency of justice sector institutions and their adherence to the rule of law; legal education; and access to justice reforms. During the reporting period, New Justice continued to collaborate 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. This collaboration included the establishment of the High Anti-Corruption Court (HACC), supporting the operations of the 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 focus was placed on promoting the integrity and transparency of judicial selection judicial discipline procedures and increasing the public trust and confidence in the judiciary. The following key achievements were made during the reporting period:

• New Justice jointly with EU Anti-Corruption Initiative (EUACI), EU Project “Pravo – Justice”, EU Advisory Mission (EUAM), “Support to Judicial Reform Project” Canada and International Development Law Organization (IDLO) supported the National School of Judges (NSJ) in conducting a three-week orientation program for the judges of the HACC and its Appellate Chamber. • New Justice efforts to support the HACC included a series of training sessions for the HACC judges and judges of the Appellate Chamber, their assistants, and court staff on leadership, case management, strategic communications, professional ethics and judicial opinion writing. The strategic planning session organized by New Justice for the court team resulted in shaping a shared vision of the court’s mission, core values and the authority of the HACC, as well as identifying the goals and tasks of the court and developing a strategic action plan. New Justice also provided computer equipment and switching facilities to the court to improve their administration and operation. • New Justice supported the HQC in organizing the monitoring of the exam for the judicial positions in the HACC and SCt and providing HQC members with a presentation detailing the Report and Recommendation on the Results of the Monitoring of the Exam to the Supreme Court and High Anti-Corruption Court. • New Justice supported the HQC in revising and improving procedures for judicial selection and qualifications evaluation by engaging two international experts with expertise on judicial candidates’ testing. • New Justice together with EU Project “Pravo-Justice” supported the HQC in conducting a lessons-learned roundtable to review good practices and lessons learned from the process of selecting judges for the SCt and HACC and identify areas for improving judicial selection and qualifications evaluation processes. • New Justice supported the PIC in increasing self-reliance and building institutional capacity by: (1) organizing an orientation session for the newly elected PIC members, (2) organizing training for the PIC members on interviewing skills, (3) conducting a strategic planning session, (4) delivering a training on public speaking and presentation skills, and (5) conducting a workshop on the results of the evaluation of the PIC integrity and professional ethics criteria. These skills are critical for PIC members to effectively

carry out their roles in contributing to the competition for the SCt, High Intellectual Property Court (HIPC) and qualifications evaluation of the sitting judges. • New Justice supported the PIC in increasing self-reliance, building institutional capacity, enhancing cooperation with the HQC and raising public awareness about its activities through reviewing and approving for funding full proposal from NGO DEJURE that includes remuneration to all interested PIC members, analysts and staff of the PIC Secretariat. • New Justice jointly with OSCE, Canadian Embassy, EU, and COE Projects supported the NSJ in conducting a five-day orientation training program for newly appointed SCt justices May 13-17, 2019. New Justice led a full day program on the Rule of Law and Ensuring the Uniformity of the Case Law by the Supreme Court on May 13, 2019. • New Justice launched a project with the NSJ to develop a modern training program for cassation courts judges on caseflow management, aimed at increasing judicial productivity and efficiency in considering court cases. • In cooperation with the State Judicial Administration (SJA) and NSJ, New Justice wrote teaching/lesson plans and student materials for the Court Administrator Leadership Comprehensive Curriculum, the Chief Judge Leadership Comprehensive Curriculum, as well as for the Executive Team Leadership Comprehensive Curriculum. New Justice also selected participants and conducted piloting of the leadership programs for up to 20 court administrators and chief judges with their further participation in the executive team joint training for chief judges and court administrators. • New Justice Alternative Dispute Resolution (ADR) experts prepared a Comprehensive Analysis of Current Context, Barriers and Opportunities for Developing Mediation in Ukraine and Recommendation on How to Promote Mediation in Ukraine. • New Justice supported the Council of Judges (COJ) in developing amendments to the Code of Judicial Ethics as well as the Rules of Conduct for Court Staff in order to reflect the recent trends in professional ethics and public’s demand for the integrity and professionalism of the justice sector. • In order to move towards achieving the UN Sustainable Development Goals, particularly target 16.3 “promote the rule of law at the national and international levels and ensure equal access to justice for all”, New Justice in collaboration with project subcontractor the Rule of Law Collaborative at the University of South Carolina (USC-ROLC) supported Yaroslav Mudryi National Law University in launching the landmark innovative Rule of Law Certificate Program (ROL Program) aimed at providing legal professionals with tools and approaches to apply the rule of law in their daily work advancing access justice and protecting human rights which overall will contribute to improving the democratic and economic development of the country. • New Justice supported the Association of Legal Clinics of Ukraine (ALCU) in increasing the quality of legal clinical education through applying the innovative Legal Clinics’ Operations Monitoring Instrument and drafting the comprehensive textbook on legal clinical education. • New Justice conducted and presented an assessment of the functionality and user experience of the Personal Cabinet e-filing module, developed by the State Enterprise Information Court Systems as part of the Unified Judicial Information- Telecommunication System (UJITS). • During this reporting period, New Justice began developing a Terms of Reference (TOR) document for designing a pilot online dispute resolution module. • In support of the implementation of the UJITS, New Justice conducted an analysis of the business processes of the High Council of Justice (HCJ). This effort included mapping all the administrative processes which take place in the HCJ in all areas of operations,

developing recommendations to improve operational efficiency, and piloting some of the recommendations to demonstrate their feasibility. • In order to improve judicial discipline practice, New Justice conducted an international conference and two-day workshop for HCJ Members, inspectors of the HCJ Service of Inspectors, and officers of the HCJ Secretariat to extend their knowledge and understanding of international and European standards and good practices of judicial discipline, as well as to discuss current challenges and outstanding issues in disciplining judges in Ukraine. New Justice also developed and provided to the HCJ an extensive list of recommendations upon the results of expert discussions during the events. • New Justice supported the CSO “Institute of Applied Humanitarian Research” in monitoring the HCJ judicial discipline practices and decisions in 2017 and 2018, presenting the research results to the HCJ Members, and publishing the report with recommendations for implementation in the HCJ judicial disciplinary procedures. • New Justice supported two CSOs – the “Institute of Applied Humanitarian Research” and “Lviv Law School” – in monitoring the SCt decisions in terms of their compliance with the principles of the ECHR developed in the ECtHR case law, as well as with regard to their consistency, quality of reasoning, and application of proportionality principle. • In order to ensure effective prevention of corruption within the judiciary, New Justice developed expert recommendations for improvement of the HQC draft Anti-Corruption Program 2019, and the SCt Anti-Corruption Program 2018-2020. • Jointly with the USAID “Support to Anti-Corruption Champion Institutions” (SACCI) Program, New Justice developed the Concept Paper on Whistleblowers Protection in Ukraine in light of the EU Directive on the protection of persons reporting on breaches of Union law. • In order to increase the judiciary’s accountability to citizens and improve court performance New Justice supported Ukrainian courts to implement and use the Court Performance Evaluation (CPE) Framework developed by New Justice predecessor USAID FAIR Project. During the reporting period New Justice helped more than 250 courts to implement internal surveys of judges and court staff in order to receive judges and court staff feedback regarding working conditions, leadership, effectiveness of judicial self- governance, case flow management, internal and external communications and other aspects of court performance. Eleven selected Civil Society Organizations (CSOs) implemented user satisfaction surveys using Citizen Report Cards (CRC) in all courts of 23 oblasts of Ukraine and the city of Kyiv and, based on received user feedback, developed more than two thousand recommendations to courts on improving court performance. • New Justice supported APEOU in promoting the reform of enforcement of judgements by producing video on due process of enforcement of judgements which became the part of overall national I HAVE A RIGHT! Campaign. • Also, to protect interest of the PEOs undergoing disciplinary investigation, as well as to report possible non-disciplinary actions of acting PEOs, under New Justice support the Association of Private Enforcement Officers of Ukraine established a position of a Disciplinary Ombudsman and selected two finalists to assume the duty. • New Justice provided support to APEOU in drafting (1) Regulation on Disciplinary Ombudsman, (2) Regulation on Selecting Committee Authorized to Recommend Candidates on a Position of a Disciplinary Ombudsman and (3) Methodology of Interviewing of Candidates on a Position of a Disciplinary ombudsman and Qualification Criteria. • New Justice assisted the MOE and the MOJ in developing a draft Legal Education Reform Strategy, securing the Association of Ukrainian Lawyers’ public support of the draft Legal Education Reform Concept Paper. New Justice then assisted the MOE and the MOJ

in finalizing a draft Legal Education Reform Concept Paper that the MOE and the MOJ publicly presented on June 12, 2019. • New Justice continued to support the development and implementation of a mandatory, external, independent, standardized entrance exam (MEISEE) for master’s degree programs in law. The MOE with assistance from New Justice conducted the third annual MEISEE for master’s degree programs in law. This year, over 14,250 law students

nationwide took the exam A group of Kyiv-based candidates for master’s degree programs in with only 45% earning the law and international law taking MEISEE on July 4, 2019. PHOTO: minimum passing score, USAID New Justice Program which the MOE made more stringent than previous years to increase admissions standards allowing only the best performing test takers to access public funding for graduate legal education. MEISEE also further limits opportunities for corruption in higher education through promoting fair, objective, and transparent admissions procedures and ultimately improves the overall quality of legal professionals by raising the level of students entering law schools. Based on the success of MEISEE, the MOE is extending the foreign language component of the exam to testing over 40,000 applicants to other graduate programs. • New Justice assisted the MOE in establishing National Standards for Legal Education. On December 12, 2018, the MOE approved a decree establishing National Standards for a Bachelor’s Degree in Law. USAID has worked with the MOE since 2015 in developing, reviewing, and finalizing the new requirements in line with international and European quality assurance standards. This document is an important step for Ukraine to achieve self-reliance in ensuring a quality legal education. It provides law schools with minimum requirements for key learning outcomes, establishes indicators for measuring the quality of legal education, lays the foundation for a standardized law school graduation exam, and allows students more flexibility in changing universities. • New Justice assisted the newly established National Agency for Higher Education Quality Assurance (NAHEQA) and provided NAHEQA with international expert support in developing its academic integrity policy as well as procured computer equipment. This assistance facilitated NAHEQA’s institutional development and transition to its self- reliance in ensuring the quality of legal education going forward. • New Justice also continued to promote integrity-centered, skills-based, technology- driven and practice-oriented training of future lawyers. To this end, New Justice supported over 25 faculty and students of the Yaroslav Mudryi National Law University (NLU) in acquiring knowledge and skills in justice innovations the innovative, practice- oriented course entitled “Innovation, Technology, Justice and Law” and a subsequent workshop conducted in cooperation with the Civil Resolution Tribunal (CRT), Canada’s first online administrative tribunal. • New Justice continued the implementation of its Rule of Law Lecture Series in cooperation with the Ukrainian Catholic University (UCU). During the reporting period,

New Justice and UCU conducted 16 rule of law lectures. These events contributed to building a better understanding of rule of law by over 950 academics, judges, legal practitioners, and law students who attended the events in person, as well as over 20,000 online viewers. • New Justice also continued to work on supporting five leading Ukrainian law schools with the implementation of the Model Law School Curriculum (MLSC). As a result, New Justice produced tailored recommendations for legal education quality assurance and implementation of the MLSC by respective law schools. As an outcome, the law schools updated their curricula in line with the key expert recommendations related to (1) ensuring the clarity of the curriculum structure; (2) emphasis on practice-oriented, skills-based legal education; and (3) widening students’ choice of disciplines and improving academic mobility. • The project supported trainings for judges and court staff on increasing communication skills in their work with people with disabilities (PWD) and monitoring of access to justice for PWD in Donetsk and Lugansk Regions as well as trainings on judicial sign language terminology for court sign language interpreters. • In cooperation with Ukrainian governmental and non-governmental partners, in Year 3 New Justice successfully established the first Community Justice Centers in Ukraine, located in the City of Odesa, in Chuhuyiv of Kharkiv Oblast, and in Tatarbunary of Odesa Oblast. The three CJCs provide a wide range of services in their communities such as legal aid, consultations, community legal needs assessment, mediation, peacemaking, conflict prevention, and public awareness campaigns. During the first year of their operations, the three CJCs provided services to several thousand people including representatives of vulnerable groups, including people with disabilities, IDPs, veterans, and victims of domestic violence. The success of these first pilot CJCs prompted the Ukrainian Government, specifically the MOJ Center for Free Legal Aid Provision (CLAP) to consider establishing CJCs in lieu of currently existing governmental Legal Aid Bureaus as the key approach to decentralization of governmental Legal Aid System. • New Justice supported the Judiciary in improving courts communications with the public and media by engaging a local expert to develop a draft Unified Communications Strategy of the Judiciary to set common approaches and consistency in courts communication practices; organizing a visit of Ukrainian court press-officers and speaker-judges to the comprehensive three-day Conference of Court Public Information Officers devoted to issues of court communications and public trust to courts taking place in Cleveland, Ohio, U.S. After participating in the conference, New Justice completed a report on the best practices to be being shared with partners, which was publicized on the New justice website and disseminated through a series of communications trainings for court press-officers from courts of various jurisdictions and levels as well as for the Supreme Court Justices and Hight Anti-Corruption Court Judges conducted by the international communication experts. • New Justice supported the State Judicial Administration and the Ministry of Justice in their work to improve the jury service in Ukraine through publishing and distributing leaflets and posters on “Who is a juror and How to become one” under the I HAVE A RIGHT! Project; conducting a training for call-center of the judiciary operators on deepening their knowledge regarding jury service aspects; developing Model Questions for jurors to navigate them through reasoning process in those categories of cases where they are involved; and in conducting the first ever national survey of jurors and statistic analysis of cases adjudicated with jury involvement to analyze challenges they meet during their work at court and their effect on justice delivery process.

• New Justice continued supporting MOJ in I HAVE A RIGHT! Project implementation through producing public awareness materials and conducting public events on child rights protection and enforcement of court decisions. • The program also supported the NSJ in piloting the training curricular for judges on international humanitarian law (IHL) application and human rights protection for cases relating to the armed conflict in the East of Ukraine and occupation of Crimea; and developed and piloted training curricular for judges and court staff on peculiarities of communication with people with intellectual and mental disorders. • New Justice also contributed to using innovating methodologies in teaching law and initiated developing module law school curricular on legal innovations. The program also supported civil society initiatives in developing community advisors institute in Ukraine and raising awareness of elderly people on their rights in accessing justice.

A. Quantitative Highlights

In this reporting period, New Justice continued to conduct comprehensive national surveys targeting judges, court staff and legal professionals regarding the independence, accountability and capacity of the judiciary in Ukraine to promote the rule of law and combat corruption. These surveys contribute to achieving the Program’s planned outcomes related to supporting judicial independence and accountability, preventing corruption, improving administration of the court system and access to justice by assessing progress achieved and developing recommendations for governmental and non-governmental partners of the Program.

Compared to previous New Justice surveys, surveys conducted during this reporting period indicated in general positive trends regarding judicial independence and accountability. These trends include (but are not limited to) the following highlights: • 60% of judges believe that judges in Ukraine are selected, appointed, and promoted on the basis of capacity, and experience. This represents a positive trend; in 2017, this indicator was less than 50%. • In 2019, 63% of Ukrainian judges in contrast to 60% in 2017, believe that the competitive selection of the Supreme Court Justices and High Anti-Corruption Court judges enhance judicial independence and make a positive impact on the judiciary in Ukraine. For appeal and cassation courts, this indicator is 72% which is significantly higher than 62% a year ago. • 81% of legal professionals participating in court proceedings who are not judicial employees (advocates and prosecutors) in 2019 reported that in their most recent twelve-month experience of participating in court proceedings, there were no demands of bribes, unofficial charges, gifts, or other corrupt situation. It is notably higher than in the middle of 2018 when this indicator’s results were 71%. • 72% of advocates and prosecutors participating in the New Justice 2019 survey indicated that according to their experience of participating in court proceedings in the last 24 months, judicial decisions were properly motivated and clear, and 60% of them think that judges adopted lawful and fair decisions. Similar values for the previous New Justice survey of advocates and prosecutors conducted in September 2018 were 59% and 53% accordingly. • Advocates and prosecutors increased their trust in courts where they represent parties (56% in 2019 against 47% 2018) as well as in the judiciary in general (44% in 2019 against 41% in 2018). • Similarly, court staff increased their trust in the judiciary and other government branches, with 82% in 2019 in contrast to 60% in 2017 indicating that they trust courts

where they work, while and 72% in contrast to 59% in 2017 trust the judiciary in general. • Ukrainian jurors participating in the New Justice survey demonstrate full sympathy to courts and satisfaction with court performance: over 90% of them believe that judicial decisions are properly motivated, clear, lawful and fair, case adjudication in courts is done within the reasonable time, and that there are no signs that judges act under pressure or influence of a third party. Court staff, similarly to jurors, have positive perceptions of the courts they work for and criticism is very rare.

Meanwhile, according to New Justice surveys, the situation with reporting corruption stagnates. In this reporting period, there has not been any progress in this regard, and there is also not any regression. This further indicates limited progress in terms of anti-corruption policy implementation regarding whistleblowers protection and further emphasizes the importance of the newly created High Anti-Corruption Court:

• 63% of advocates and prosecutors participating in the 2019 survey believe in the responsibility to report corruption cases in judiciary to NABU, however only 15% of them are ready to do it by themselves. In 2018 these results were 57% and 13% accordingly. • Only 11% of surveyed jurors and even less of surveyed court staff at 9% are ready to report known corruption cases to NABU.

In 2019, New Justice supported the national implementation of court user satisfaction surveys using the Citizen Report Card methodology. Eleven CSO partners selected through an open New Justice grant competition conducted CRC surveys in 613 courts local and appellate courts (81% of all courts in Ukraine). Through the CRC surveys, New Justice CSO partners involved almost 39,000 court users in the court performance evaluation process, giving them the opportunity to provide 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 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. New Justice CSO partners who implemented CRC used user feedback to develop practical performance improvement recommendations to courts and SJA. As of the end of this reporting period, New Justice partners reported developing and submitting more than 2,300 recommendations to courts.

Another notable quantitative highlights for Year 3 include: • New Justice involved more than 900 representatives of the judiciary, GOU, and civil society in public discussions on implementing constitutional and legislative amendments regarding justice sector reform. • New Justice trained 908 judges and judicial personnel on rule of law, case flow management, procedural justice, leadership, gender mainstreaming, community justice and anti-corruption. This includes training 134 judges and courts staff from the newly created High Anti-Corruption Court (HACC). • With New Justice project grant support, CSO partners conducted 220 roundtables, forums, conferences, and other events on judicial reform monitoring, access to justice, and court performance evaluation. More than 5,100 people, including more than 280 representatives of vulnerable populations (persons with disabilities [PWD], SGBV survivors, IDPs, Roma minorities, and others), participated in these events, thereby providing their input in judicial reform implementation and monitoring.

B. Activity Administration During the reporting period, New Justice did not face any operational challenges. On December 20, 2018 and March 26, 2019, the Program entered into protocols of cooperation with the SCt and the NAHEQA respectively to agree on areas for cooperation and outline responsibilities for implementing partners indicated. New Justice completed one re-registration, related to amendment of the list of recipients and NGO grantees. The most recent Program registration card dated to November 29, 2018 reflects four beneficiaries (SJA, HCJ, MOJ and MOE) and 19 recipients.

During October 2018 – September 2019 New Justice conducted selection procedures to fill three vacant positions and successfully hired new employees including Legal Adviser, Communications Assistant and Operations Manager. In the view of the above-mentioned changes applied, New Justice updated the certificate of accreditation of USAID Programs being carried-out in Ukraine.

During the reporting period, New Justice reviewed implementation of the project’s Emergency Action Plan. All New Justice team members attended First Aid Training, while two employees participated two-day Hostile Environment Awareness Training organized by the Overseas Security Advisory Council (OSCA).

69 independent consultants were engaged by the New Justice to share their experience and expertise, including 23 international and 24 local consultants contracted on paid basis, and 22 professionals involved as pro bono experts.

New Justice has strived to receive the lowest competitive rates for program purchases 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 study visits. During the reporting period, New Justice leveraged shared level of effort and costs with international donor community members including the European Union (EU), the Organization for Security and Cooperation in Europe (OSCE), the Government of Sweden, the Embassy of Canada in Ukraine, the Council of Europe (COE), the EUAM, EU-funded Project “Pravo-Justice”, Support to Judicial Reform Project (SJRP) and Quality and Accessible Legal Aid in Ukraine Project (QALA) executed by the Canadian Bureau for International Education (CBIE). Several Ukrainian partners provided in-kind contributions and co-funding when conducting joint events with New Justice.

Over the course of implementation, New Justice has been introducing innovations in programming that result in overall cost savings. E-learning tools for judges, law students, and justice sector personnel, such as online courses on judicial ethics, communications and anti- corruption, have resulted in significantly saved funds. Live streaming New Justice events allows the project to reach a larger number of stakeholders for less cost.

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

• In the next reporting period, New Justice will monitor legislative initiatives in the justice sector. 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 efforts for integration of the ADR

processes into legal and court processes by the ODR Program design and implementation. • New Justice will provide expert support to the Verkhovna Rada Committees in preparing and advocating for adoption of the draft laws to amend legal framework governing procedures of judicial discipline, enforcement of judicial ethics, and reporting corruption in the courts. Further, the project will continue to assist the HCJ in building institutional capacity of the Service of Inspector, as well as to promote legislative changes aimed at strengthening the institution’s legal status and authority. • Based on the outcomes of the business process analysis, New Justice will support the HCJ in implementing recommendations aimed at building its institutional capacity, through the development of strategic plans, clear rules of procedure, job descriptions, and related documents based on the results of the business process analysis. In addition, it will finalize the case weighting study aimed at updating the results of the previous round 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 also support as appropriate the development and implementation of the UJITS. • New Justice will support the HQC in improvement procedures for judicial selection and qualifications evaluation, including preparing a single set of rules instead of over six different sets of rules and in developing a Handbook for HQC Members. • New Justice will continue supporting the PIC in increasing self-reliance, building institutional capacity, enhancing cooperation with the HQC and raising public awareness about its activities. • New Justice will support the GOU in the improving a legislative framework for the PIC. • During the next work plan period, New Justice will continue to support the NSJ in introducing training programs to approve standards for curricula development and for faculty selection. Such training programs will support in straightening of judicial independence, trust by public, and private sector. Training topics will include: o Leadership and management skills of chief judges and chiefs of staff; o Caseflow management for cassation court judges; o International humanitarian law and international criminal law application in conflict context; o Adjudicating financial cases, including consumer disputes involving bank and insurance services etc. • New Justice will continue to assist Ukrainian stakeholders in promoting a conflict resolution policy, and to support the development of a consistent, modern, and all- encompassing regulatory framework for mediation, support professional associations and ADR practitioners to develop a joint vision for self-regulatory framework. • New Justice will continue to support Ukrainian CSO involvement in justice sector reform implementation and monitoring. New Justice expects that Ukrainian courts will implement at least 40% of recommendations developed by CSOs based on the results of 2019 Citizen Report Cards (CRC) surveys in courts. In Year 4, New Justice will select up to two partner CSOs to monitor how courts implement performance improvement recommendations, • In Year Four, New Justice will build the organizational capacity of the established three Community Justice Centers to strengthen their sustainability and financial viability. New Justice also aims to establish up to three more Community Justice Centers in cooperation with the Coordination Center for Legal Aid Provision (CLAP) under the MOJ, local courts and communities. • New Justice will continue to support the MOE and the MOJ, NAHEQA, the Working Group on Legal Education Reform of the Commission on Legal Reform under the President of

Ukraine, leading law schools, and other stakeholders in their efforts to develop and implement the Legal Education Reform Concept Paper and Action Plan, standards for legal education and accreditation of law programs, implementation of a Innovative (Model) Law School Curriculum, a Modern Legal Education Toolkit, and the mandatory, external, independent standardized exams for law school admissions and graduation. New Justice will also support leading law schools in developing their internal systems for legal education quality assurance and integrity infrastructures, skills-based and practice-oriented courses. • New Justice will continue to strengthen judicial capacity to identify and resolve judicial conflicts of interest by increasing awareness of the COJ members that will be elected shortly about best standards of conflict of interest settlement, correlation between status of judge, conflict of interest matters and anti-corruption legislation, reviewing the COJ Regulation on Managing Conflict of Interest, developing clear, short guidelines for judges on how to act when they suspect a conflict of interest; and providing training for members of the COJ Committee on Ethics on Conflict of Interest Matters. • New Justice will continue to support the MOJ and Association of Private Enforcement Officers of Ukraine in reviewing current qualification and disciplinary rules and procedures and developing recommendations on their improvement. Furthermore, New Justice will focus on unifying the initial training curriculum and developing recommended courses to be incorporated into the initial training of the candidates to the PEO position. • New Justice will continue its work on improving courts’ outreach to the public and press by facilitating discussions regarding judicial authorities’ adoption of the Unified Communications Strategy of the Judiciary. New Justice will also support the HACC in developing its Crisis Communications Guide and conducting additional communications trainings for the leadership of the court, speaker-judges and press-officers as well as supporting the COJ through a grant project implemented by the NGO Center for democracy and rule of law on developing standardized content for courts information stands and websites to make Ukrainian courts information accessible. • Additionally, New Justice will contribute to promoting gender mainstreaming in the justice system by presenting the updated Gender Sensitivity Index of the Judiciary to key judicial stakeholders and encouraging them to use it to regularly measure the situation with gender equality in the justice system. New Justice will also develop, jointly with partner universities and National Association of Women Lawyers, a curriculum for law school students on gender issues in law to equip future lawyers with deep knowledge on how to counteract gender discrimination. • New Justice will continue to support activities aimed at improving access to justice for PWD though implementation of trainings on judicial sign language terminology for court sign language interpreters. New Justice will support the NSJ in selecting trainers for court administrator and chief judge leadership program as well as executive court management team program. The selected faculty members will take Training of Trainers (TOT) to teach the mentioned above programs at the NSJ. • New Justice will support the NSJ in conducting TOT for judges to apply international human rights standards in conflict-related cases, and TOT for lawyers providing free legal aid on protecting rights of juveniles in criminal and administrative cases; and communicating with people with mental disabilities. The project plans continue supporting the MOJ with implementing the I HAVE A RIGHT! Project to improve access to justice services. • New Justice will support implementation of the Code of Judicial Ethics through updating the Code and its Commentary and developing and establishing an online training tool for judges, court staff, and jurors on ethical issues and conflict of interest. The project will

also promote high ethical standards among court staff by supporting the COJ in revising the Rules of Conduct for Court Staff and facilitate cooperation between judicial self- governance bodies and professional associations of lawyers through roundtable discussions aimed at improving judicial operations and promoting better bar-bench relations. • New Justice will implement the second round of the Certificate Program in Rule of Law involving competitively selected U.S. and Ukrainian universities; improve the curriculum of 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. In addition, the program will assist the MOE in implementing the Model Regulation on a Legal Clinic of a Higher Educational Institution and Association of Legal Clinics of Ukraine (ALCU) in developing a model syllabus and templates for the Legal Clinical Education course. • In order to move towards achieving the UN Sustainable Development Goals, particularly, target 16.3 “promote the rule of law at the national and international levels and ensure equal access to justice for all”, New Justice will facilitate translation of the Tom Bingham’s The Rule of Law book into Ukrainian and its dissemination among the broad audience in the country’s justice sector. • In order to improve judicial discipline practices, New Justice will develop amendments to the Law on the Judiciary and Status of Judges, the Law on the High Council of Judges, other laws and regulations governing the grounds and procedures of disciplining judges, as well as the status and functions of the HCJ Service of Inspectors. • New Justice will continue to support the HCJ in designing the Manual on Judicial Discipline Proceedings in order to provide a practical tool for inspectors of the HCJ Service of Inspectors on preliminary screening of disciplinary complaints and investigating judicial misconduct.

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, 2018 through September 30, 2019.

OBJECTIVE 1: JUDICIAL INDEPENDENCE AND SELF GOVERNANCE STRENGTHENED

Current Status of Affairs Anti-Corruption Courts. On April 11, 2019 the President of Ukraine appointed 38 HACC judges (27 in the HACC and 11 in the HACC Appellate Chamber). On May 7, 2019, the HACC judges held their first general meeting, where they elected a chief judge and deputy chief judge for the entire court as well as six investigative judges out of a pool of 27 HACC first instance judges. As the result of the meeting, HACC judges elected Olena Tanasevych as Chief Judge and Yevhen Kruk as Deputy Chief Judge. HACC judges also agreed to set September 5, 2019 as the official launch date for the court. On May 24, 2019 Daniila Chornenka was elected the Chief Judge of the Appellate Chamber. On May 17, 2019, the Commission on Public Service in the Judiciary competitively selected Bohdan Kryklyvenko as the Chief of Staff for the HACC. Upon completing background checks he was appointed for the position on June 7, 2019. On September 5, 2019, the HACC launched its operations.

Constitutional Complaint. On June 26, 2019, New Justice grantee Center for Constitutional Initiatives (Lviv) conducted a roundtable discussion to present a report on constitutional complaints and legislative proposals on this issue. The Constitutional Court of Ukraine (CCU) hosted this event. During the event, representatives of the CCU presented statistical data about the consideration of constitutional complaints, while the New Justice grantee presented the results of monitoring constitutional complaints considerations and recommendations, which were developed on the basis of the monitoring. During the discussion, participants discussed gaps in regulations, possible solutions, including legislative amendments to the Law. This event marked the finalization of implementation of an information campaign on constitutional complaints.

Judicial Selection. During the reporting period, the HQC conducted competitive selection to the 78 vacancies in the SCt. The HCJ recommended 75 candidates for appointment by the President. 15 SCt justices received PIC negative opinions regarding their integrity and professional ethics. During the reporting period, one justice of the SCt with the PIC negative opinion resigned. Currently, there are 192 justices in the SCt and 43 (22%) of them have PIC negative opinion.

Public Integrity Council. On December 17, 2018, civil society organizations eligible to nominate candidates to the PIC elected 20 new members of the PIC and three alternate members for the term of two years. New Justice continuously supported the PIC in increasing self-reliance, building institutional capacity and enhancing cooperation with the HQC. Currently there are 18 members enrolled to the composition of the PIC, due to the resignation of several members.

Judicial Self-Governance. The COJ continued its operations with the following priorities: increasing efficiency of court operations, increasing the judicial ethics application by judges, and improving court and community communication. In June 2019, due to internal conflicts, the COJ Chair Justice Oleh Tkachuk resigned and in July Judge Bohdan Monich of Seventh Administrative Court of Appeals was elected as new COJ Chair. The regular Congress of Judges which will take place in March 2020 will elect the new COJ composition.

Gender Issues. In line with the COJ Resolution No. 65 in 2016 and the Concluding Observations of the UN CEDAW on the 8th Periodic Report of Ukraine in 2017, SJA collects and publishes on a semiannual basis, statistics on gender composition of Ukrainian Judiciary on its website. As of July 2019, there are 36% women and 64% men among chief judges in local and appellate courts, with nearly the same percentages for deputy chief justices. New Justice continues its work to reduce the gender gap in higher-ranking positions in the Ukrainian judiciary and enhance the representation of women in judicial governance bodies and courts through conducting events and trainings aimed at improving leadership skills of women judges and female law school students to be confident to seek these career opportunities.

Key Achievements to Date Anti-Corruption Courts. One of the key achievements during this period was the appointment of the HACC judges on April 11, 2019. New Justice supported the selection process to ensure that it was conducted in line with international and European standards. This included engaging leading experts on testing and anti-corruption courts to advise the GOU and leading the donor community.

On October 29-31, 2018, Hon. Judge Mark L. Wolf visited Kyiv. Judge Wolf, as New Justice’s Anti- Corruption Court expert, provided assistance to key stakeholders, including the HQC, HCJ and Parliament by providing the Ukrainian partners with guidelines for proper merit-based selection of the HACC judges and providing recommendations for the content and objectives for the upcoming training program for the HACC judges, which will be conducted once the candidates are selected. He conducted a series of meetings in Kyiv with local partners, and also delivered a presentation within the Ukrainian Catholic University Rule of Law Lecture Series.

Judicial Reform Awareness Campaign. New Justice grantee the Center for Constitutional Initiatives successfully finalized activities under the grant “Effective Realization of the Right for a Constitutional Complaint”. The grant aimed to promote effective implementation of the constitutional complaint in the actual mechanism of human rights protection in Ukraine through multilevel informational and educational impact on various social Participants of the roundtable discussion on the constitutional and professional groups with allowance complaint in the Constitutional Court of Ukraine on June 26, 2019. PHOTO: Constitutional Court of Ukraine for their needs and motives for using this institution, level of legal knowledge, and general educational background. The grantee conducted 10 lectures for students and pupils and five trainings for the teachers of law on the constitutional complaint; monitored activities of the Constitutional Court of Ukraine with respect to the consideration of the constitutional complaints and as the result developed the report with the recommendations; and conducted a National Competition on Constitutional Justice. On June 26, 2019, the Center for Constitutional Initiatives conducted a final roundtable discussion to present the report on the constitutional complaint and legislative proposals on this issue.

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 provided assistance to the COJ in conducting three regional roundtable discussions in Mariupol, Chernivtsi, and Odesa. The regional roundtable discussions were aimed at identifying 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. Judges from nine regions of Ukraine as well as members of the COJ contributed to the roundtable discussions, which resulted in a number of recommendations on amending the Code of Judicial Ethics. Particularly, judges raised the issue of prohibition for a judge to comment on final judgments and pending cases which questions the activities of judges-speakers and suggested respective amendments to the Code of Judicial Ethics in order to distinguish commenting on cases or judgements and explaining them. It was Regional roundtable discussion on judicial ethics and conflict of interest on September 5, 2019 in Odesa. PHOTO: COJ also determined that the rules on ex- parte communication and financial interests need revision as they are misleading. New Justice Judicial Ethics Expert Judge William Thurman of the United States Bankruptcy Court for the District of Utah also assessed the current text of the Code and suggested a number of amendments in order to bring it in line with the new developments in the area of judicial ethics and conflict of interest.

In order to support the COJ in conducting a comprehensive analysis of relevant judicial ethics issues, New Justice engaged a retired Supreme Court of Ukraine Justice, Olha Shapovalova, who analyzed the HCJ disciplinary practice for judicial ethics rules violation as well the requests submitted to the COJ by judges and presented the findings to the COJ members.

Judicial Selection. New Justice supported the HQC in effectively exercising competencies in judicial testing using a merit-based system through organizing monitoring of the exam to the judicial positions in the HACC and SCt and providing HQC members with a presentation detailing the report. New Justice supported the HQC in revising and improving procedures for judicial selection and qualifications evaluation through engaging two international experts with expertise on judicial candidates’ testing.

New Justice together with EU Project “Pravo-Justice” supported the HQC in conducting a lessons-learned roundtable to review good practices and lessons learned from the process of selecting judges for the SCt and HACC and identify areas for improving judicial selection and qualifications evaluation processes.

Public Integrity Council. New Justice supported the PIC in increasing self-reliance and building institutional capacity by: (1) organizing an orientation session for the newly elected PIC members, (2) organizing a training for the PIC members on interviewing skills, (3) conducting a strategic planning session, (4) facilitating a training on public speaking and presentation skills and (5) conducting a workshop on the results of the evaluation of the PIC integrity and professional ethics criteria in the light of competition for the SCt, HIPC, and qualifications evaluation of the sitting judges.

New Justice supported the PIC in increasing self-reliance, building institutional capacity, enhancing cooperation with the HQC and raising public awareness about its activities through reviewing and approving for funding full proposal from CSO DEJURE that includes remuneration to all interested PIC members, analysts and staff of the PIC Secretariat.

Judicial Discipline. On October 19-21, 2018, New Justice, jointly with the COE Project “Continued Support to the Criminal Justice Reform in Ukraine” conducted an International Conference “Disciplinary Liability of Judges and Prosecutors of Ukraine” and two-day Workshop “Disciplinary Proceedings against Judges and Prosecutors in Ukraine”. Based on the results of the events, New Justice developed and submitted to the HCJ an extensive list of recommendations on improvement of the HCJ judicial discipline practice and disciplinary proceedings against judges, as well as institutional development of the HCJ Service of Inspectors.

During the reporting period, New Justice Reiko Callner, Executive Director of the Commission on grantee – the CSO “Institute of Applied Judicial Conduct for the State of Washington, U.S., Humanitarian Research” finalized the report during the presentation at the International Conference “Disciplinary Liability of Judges and Prosecutors in with results of monitoring the HCJ disciplinary Ukraine” on October 19, 2018 in Kyiv. PHOTO: USAID practice over 2017-2018. The report contains a New Justice Program list of recommendations on improving the laws and regulations governing judicial discipline grounds and procedures, streamlining disciplinary procedures and quality of Disciplinary Chambers and HCJ decisions in disciplinary cases, developing curriculum for judicial trainings on disciplinary issues, increasing effectiveness of lawyers’ participation in disciplinary proceedings, and strengthening citizen participation in oversight of judicial discipline. New Justice presented monitoring results and expert recommendations to the HCJ Members, inspectors and officers involved in conducting disciplinary proceedings against judges, as well as provided sufficient copies of the report to the HCJ for the use in judicial discipline procedures.

Supreme Court. On December 10-14, 2018, New Justice organized the visit of Justice Debra Stephens (Supreme Court of the State of Washington, U.S.) to Kyiv to participate in a series of events and meetings with Ukrainian colleagues, legal practitioners, representatives of legal community, academia and students. During the visit, Justice Stephens met with the SCt justices and shared her knowledge and experience in organizing and developing a domestic justice system, both on the federal and state levels, as well as ways to strengthen judicial independence and accountability of judges.

During the reporting period, New Justice implemented two grant projects aimed at monitoring the SCt decisions beginning with its initial operations from December 2017. The grantees – CSOs “Institute of Applied Humanitarian Research” and “Lviv Law School” – analyzed over 1,500 decisions of all four cassation courts with the SCt, as well as the rulings of the SCt Grand Chamber in terms of their compliance with the ECHR principles and ECtHR case law, their

consistency, quality of reasoning, and application of the proportionality principle. The CSOs presented and discussed the research results and recommendations with the Chief Justice and SCt justices, as well as with representatives of the SCt Apparatus, who provided their feedback to be implemented in the finalized reports.

Anti-Corruption Programs of Judicial Institutions. During the reporting period,

New Justice local expert Prof. Mykola Khavronyuk reviewed the HQC draft Justice Debra Stephens (Supreme Court of the State of Anti-Corruption Program 2019 and SCt Washington) during meetings with the SCt justices on Anti-Corruption Program 2018-2020. December 13, 2018 in Kyiv. PHOTO: USAID New Justice Based on the results of this analysis, the Program expert developed recommendations on improving these instruments to ensure timely and comprehensive identification of corruption risks in HQC and SCt activities, and implementation of effective measures for risk minimization and elimination.

Protection of Whistleblowers. In order to enhance the rights of whistleblowers in Ukraine, New Justice local expert Professor Mykola Khavronyuk joined the expert team of the USAID SACCI Project to develop the draft Concept Paper on Whistleblowers Protection in the light of the EU Directive on the protection of persons reporting on breaches of Union law. Upon finalization of the first draft Concept Paper, the experts discussed with local stakeholders and developed further proposals on its adaptation taking into account the current legal framework and political environment.

Enhancing Representation and Leadership of Women Judges in Judicial Governance Bodies and Courts. New Justice supported the National Association of Women Lawyers (JurFem) in conducting the Forum of Women Lawyers titled “Serving as the Voice of Women: Women Legal Professionals Taking Centre Stage”. The Forum brought together women-judges from the courts of all levels and jurisdictions, including Supreme Court Justices, members of Parliament, representatives of Ministries, attorneys, human rights activists, and gender experts to foster women’s leadership in the legal profession, encouraging women-lawyers to contribute more to gender equality in the justice system and promoting systemic changes in respect to greater protections of women’s rights. Recommendations developed by Forum Working Groups were sent by JurFem to relevant state institutions. New Justice grantee JurFem jointly with partner universities started developing a curriculum for law school students aimed at improving knowledge of future lawyers in the area of gender equality and how to counteract gender discrimination.

Explanation on Deviations in Implementation of the Work Plan New Justice had to postpone support for the NSJ Testing Center due to the NSJ’s request. The NSJ was not able to finish development of the draft standards for test items and case studies preparation and could not provide statistical and analytical reports based on the results of anonymous written test and practical case study.

New Justice withdrew support to the Verkhovna Rada in developing a Methodology for anti- corruption audit of draft laws (Task 1.2.6.3) after consultations with Prof. Mykola Khavronyuk,

a potential expert for respective assignment. Namely, Prof. Khavronyuk informed New Justice that in 2018, under the UNDP project, he finalized the respective Methodology and the Guidelines on anti-corruption audit for the NAPC, and subsequently the NAPC approved these documents. Prior to that, Prof. Khavronyuk developed Methodology for public anti-corruption audit that applies for the draft laws’ review in the Verkhovna Rada Steering Committee on Anti- Corruption Policy.

New Justice cancelled an activity related to updating the draft law No. 4038a on protection of whistleblowers and information disclosure on damages and threat to social interests (Task 1.2.8.1) due to the fact that on August 29, 2019, the President of Ukraine submitted to the Verkhovna Rada draft law No. 1010 on amendments to the Law on Corruption Prevention with regard to whistleblowers’ protection. Taking this into account, the drafting of a separate legislative act in this area become irrelevant at the current stage of legislation development.

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

Current Status of Affairs Bar Code of Conduct. New Justice conducted a meeting with the High Qualifications Disciplinary Commission (HQDC) of the Ukrainian National Bar Association and the Human Rights, Access to Justice and Legal Awareness Directorate of the Ministry of Justice to discuss perspectives for revisions to the Bar Code of Conduct. The HQDC’s new Chair, Serhii Vylkov, expressed his willingness to coordinate the efforts in increasing professional standards among bar members. As of the end of the reporting period, New Justice did not receive the feedback from HQDC on the proposals aimed at revising the Bar Code of Conduct. New Justice will further promote the improvement of standards for self-regulation, self-governance, and professional standards of the bar.

Court Communication. New Justice continues to support initiatives to design and implement strategic courts communications policies and introduce press-judges and courts public information officers (CPIOs), including those from a newly-established HACC, to the best international practices in courts communications and train them to improve their practical skills.

Improvement of Jury Service. The implementation of the U.S. model of jury trials into Ukrainian justice system is a component of judicial reform as was agreed by the members of the newly established LRC at their first meeting. The draft Parliament of Ukraine to be considered in its second session. The Working Group on improving jury service in Ukraine (WG) that has been operatingLaw on since Jury 2018 Trial under № 2062 the was SJA withregistered the support in the of the New Justice is currently developing recommendations for the improvement of the aforementioned draft law.

Managing Conflict of Interest and Anti-Corruption Efforts. New Justice continue to advocate for changes to the COJ Regulation on the Settlement of the Conflict of Interest in Activities of Judges. Also, jointly with colleagues from the USAID SACCI Project, New Justice contributed to the recent Parliament anti-corruption legal framework including effective protection of corruption whistleblowers, empowering NAPC and elimination of e-declarations for NGOs working in the anti-corruption area.

Civil Society Engagement in Justice Sector Reform. In Year 3, 30 New Justice CSO partners significantly contributed to justice sector reform implementation and monitoring at the national

and local level. With New Justice grant support and technical assistance, these CSOs worked to promote transparency, accountability, and integrity of judicial selection, to improve access to justice for all citizens including vulnerable groups, and to ensure application of ECHR case law by Ukrainian courts. In addition, New Justice non-governmental partners facilitated fair judicial defense of rights in the CCU through constitutional appeal, which is one of the key components of justice sector reform. They also developed and submitted for consideration to judicial leadership institutions such as the HCJ, COJ and SJA the standard methods and approaches to measure public trust in the judiciary. However, despite of the extraordinary technical expertise in legal field, the organizational capacity of justice sector reform oriented CSOs, as well as their capability to advocate for addressing public demand by the GOU, is not high enough to ensure the sustainability of these organizations and their programs. To address the gap between the technical expertise and organizational capacity of justice sector CSOs, New Justice provides technical assistance to its nongovernmental partners through individual consultations regarding various organizational development issues, specifically, CSO governance, planning, human resource management, and financial viability.

Key Achievements to Date Law on Bar and Legal Practice. New Justice supported 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. While the draft Law on Bar and Legal Practice was withdrawn from Parliament, New Justice will work with the new convocation of Parliament to foster professional discussion on the upcoming legislative initiatives.

Bar Code of Conduct. In October 2018, New Justice expert Leah Wortham finalized the assessment of the Code regarding adherence to European standards and provided recommendations. The report was translated and disseminated among stakeholders. The expert found that the Ukrainian Rules of Conduct (URC) generally conforms to Council of Bars and Law Societies of Europe (CCBE) standards, and addresses the usual basic issues important in a national code, e.g., conflicts and confidentiality while also taking up extension of basic principles to particular situations, e.g., working with clients “under a disability” and representing non- human, artificial person organization clients. Nevertheless, the expert outlined that the structure of the URC impedes their value to national and cross-border lawyers for whom they need to address the following purposes: (a) a clear and concise statement of what constitutes a disciplinary violation; (b) useful day-to-day practice guidance for lawyers; and (c) facilitating cross-border practice by providing a clear place where foreign lawyers easily can find “the Ukrainian rule” on various points. The expert provided a number of recommendations to improve the structure of the Code of Conduct. New Justice will work with the local stakeholders regarding implementation of the recommendations during the next reporting period.

Combatting Corruption Risks and Conflict of Interest. New Justice Anti-Corruption Expert Dr. Tilman Hoppe analyzed national legislation covering conflict of interest in judiciary and developed a report, “Managing Conflict of Interest in the Ukrainian Judiciary”. The document provides clear explanations about which norms of what legislation should be applied in the situations of conflict of interest while judge is on the bench and in private life. Dr. Hoppe also analyzed national legislation covering conflict of interest in collegial bodies such as HQC, HCJ and PIC and delivered a report titled “Managing Conflict of Interest in Bodies of Judicial Self- Administration in Ukraine”. Mr. Hoppe’s key conclusion is that while HQC and HCJ could collegially decide whether there is a conflict of interest in its members’ actions in situations of doubt and recuse them, the PIC should seek advice from the NACP and act accordingly.

In addition, New Justice Corruption Risks Assessment Expert Victoria Jennett conducted a corruption risks assessment for the judiciary that identified areas to improve compliance with anti-corruption policies, including promoting mechanisms to avoid conflicts of interest, establishing a system that provides judges with guidance related to ethical dilemmas to avoid violations, and ensuring the proper investigation and enforcement of judicial disciplinary requirements. The resulting recommendations from the assessment are now being implemented.

Improving Outreach by the Judiciary to the Public and Press. New Justice supported the participation of a Ukrainian delegation consisting of press-judges and court press- officers in Annual Meeting of the Conference of Court Public Information Officers that took place in Cleveland, Ohio, U.S. from August 5 to 7, 2019. This event brought together 80 participants, including judges, court public information officers and renowned experts, from all over the United States, Australia, Ukraine, and Albania, who discussed contemporary challenges that courts are facing in their communications with the public and Participants of the Conference of Court Public media and shared best practices to overcome Information Officers on August 6, 2019, Cleveland, Ohio, them. In particular, the discussions were U.S. PHOTO: CCPIO focused on how to effectively plan and manage media relations, crisis communications, educational court projects, community outreach, internal communications, and use of social media. Upon the results of the event, the Report with the best practices in court communications was shared with the judicial partners and published on the New Justice website. From August 19-23, 2019, New Justice international experts Leah Gurowitz, Director of Media and Public Relations of D.C. courts, jointly with Ben Wilson, former Head of Communications of the UK Supreme Court conducted a series of communications trainings for press-officers from courts of various levels and jurisdictions, SCt justices and HACC judges. The experts’ recommendations on improving court communication policy and approaches were shared with partners.

Improving Jury Service as a Means to Promote Transparency in Justice Delivery Process. New Justice supported the SJA and MOJ in conducting a public awareness campaign to promote jury service among Ukrainian citizens to cover the lack of jurors in the jury lists by printing and distributing to a wide audience information leaflets ad posters on clarifying the status, rights, and obligations of jurors, training the call-center of the judiciary operators on this matter, as well as publishing the most frequently asked questions regarding the jury service and accompanying answers on courts’ and MOJ’s websites. The Working Group on improvement of the jury service in Ukraine developed the Model Rules on jury list formation procedure for local self-government bodies and Model Questions for jurors to navigate during criminal and civil cases consideration. The working group has also been actively working in developing recommendations for draft Law on Jury Trials No. 2062.

Managing Conflict of Interest and Anti-Corruption Efforts. New Justice local Conflict of Interest expert Galyna Yurovska completed review of the outdated provisions of the COJ Regulation on the Settlement of the Conflict of Interest in Activities of Judges. The outcomes of the research

were presented and discussed with the leadership of the Ethical Committee of the COJ and acting judges.

Furthermore, New Justice jointly with the USAID SACCI project contributed to the drafting and discussion of the anti-corruption legislative package, specifically draft laws No. 1010 and No. 1029. The first bill, covering protection of corruption whistleblowers, implements system of whistleblowers’ legal, judicial and physical protection as well as provides the right for free legal aid and the right to receive a reward of up to 10% of the object of the crime or damages inflicted to the budget. These measures are aimed to encourage potential whistleblowers to report corruption. The draft successfully passed a first reading in the Verkhovna Rada and is in the process of undergoing the comment process in preparation for the second reading.

The draft Law No. 1029 adopted by the Parliament and signed by the President changes the structure of the NAPC leadership and the process of its assignment. Reflecting recommendation from New Justice, under the new law, restructured NACP members are replaced by the Agency Head appointed by the COM and Deputy Head. Furthermore, the Law provides Agency automatic access to the different electronic registries of property and assets for effective evaluation of e-declarations and excluded provision obliging NGO working in anti-corruption area to submit e-declarations. New Justice will continue to collaborate with local and foreign partners for the benefit of effective enforcement of these laws.

Civil Society Engagement in Justice Sector Reform. In order to increase the accountability of Ukrainian courts, New Justice provided substantial technical assistance to courts in implementing the Court Performance Evaluation (CPE) Framework developed with support of the New Justice’ predecessor USAID FAIR Justice Project and approved by the COJ in 2015. New Justice developed on-line tools for courts to conduct internal surveys of judges and court staff. In addition, in Year 3 New Justice selected through an open grant competition 11 CSO partners to implement user satisfaction surveys using the Citizen Report Card (CRC) methodology in all courts of 23 oblasts of Ukraine and the City of Kyiv. Selected CSOs successfully completed CRC surveys in 613 courts receiving feedback from more than 38,000 of court users. Based on received user feedback partner, the CSOs developed more than 2,300 performance improvement recommendations and submitted them to courts together with CRC survey reports. Although the CRC surveys target specific courts, they allow to identify and confirm the current biggest issues that the majority of courts and their users are facing, particularly the insufficient number of judges and lack of internal policies for timely consideration of cases, low level of safety and security of court premises, and poor accessibility of court buildings for people with disabilities.

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

OBJECTIVE 3: ADMINISTRATION OF JUSTICE ENHANCED

Current Status of Affairs New Procedural Codes Implementation. During this reporting period, New Justice focused efforts on supporting implementation of provisions of the new procedural codes of Ukraine passed in December 2017, and building the capacity of key judicial institutions, including the HCJ and the newly established SCt. On June 24, 2019, New Justice supported the SCt in launching a series of regional events to discuss the case law of the new procedural codes’ implementation with

regional judges. The first event took place in Kherson. The SCt collected questions from the regions in advance and addressed them during the events. This ensured proper understanding of the codes’ provisions and promoted the legal positions of the SCt. The justices representing all four jurisdictions participated in the event.

Support of designing the UJITS. New Justice evaluated the Personal Cabinet e-filing module, developed by the State Enterprise Information Court Systems as part of the Unified Judicial Information-Telecommunication Participants of the regional discussion on the procedural legislation in the Kherson Court of Appeals on June 24, 2019. System (UJITS), and identified a PHOTO: USAID New Justice Program number of areas of concern, including lack of end user involvement, unfriendly interface solutions, as well as flaws in the development cycle. Anticipated next steps will include introducing changes to the user interface in line with New Justice recommendations

Orientation Training Program for New Supreme Court Justices. New Justice jointly with OSCE, Canadian Embassy, EU, and COE Projects supported the NSJ in conducting a five-day orientation training program for new SCt justices to assist them in gaining the necessary knowledge and skills required for the SCt; to present modern concepts for the role of the judiciary in a democratic society; and to present international and European standards of rule of law, case law practice unification, case law of the ECtHR, procedural filters as a mechanism for improving the efficiency of the cassation court, judicial opinion writing, and work in panel. New Justice led a full day program on the Rule of Law and Case Law Practice Unification on May 13, 2019 and disseminated a set of manuals developed and published under the FAIR and New Justice Projects.

Strengthening of Chief Judges’ and Chiefs’ of Staff Leadership Skills. On September 18-20, 2019 and on September 24-26, 2019, New Justice supported the NSJ and the SJA in piloting the Chief Judge Leadership and Court Administrator Leadership programs respectively. The programs are designed to help chief judges and court administrators develop a leader’s philosophy, identity, communication, behavior, thinking, and demeanor. It seeks to help participants to lead through governance, policy development, and systems planning and management.

Support to the HACC Establishment. New Justice, along with other donor projects, provided assistance to the NSJ in launching the judicial orientation program tailored for newly appointed HACC judges in order to strengthen their knowledge and skills to be effectively applied in corruption cases proceedings. These efforts also included a series of training sessions for the HACC judges and judges of the Appellate Chamber, their assistants, and court staff on leadership, case management, strategic communications, professional ethics and judicial opinion writing. The strategic planning session organized by New Justice for the court team resulted in shaping a shared vision of the court’s mission, core values and the authority of the HACC, as well as identifying the goals and tasks of the court and developing an action plan for their accomplishment. New Justice also provided computer equipment and switching facilities to the court to ensure its proper operation. To enhance the leadership skills of the chief judges,

New Justice experts Professor Maureen Conner and Timothy Dibble conducted coaching training sessions for the Chief Judge, Deputy Chief Judge, Chief Judge of the appellate Chamber and the Chief of Staff of HACC. Also, New Justice experts assessed the special functions and tasks designated to the HACC and developed position descriptions that cover those special functions and tasks. The position descriptions will serve as the basis for developing an appropriate supplement to the regular staffing plan developed by the SJA and HJC to address and integrate all core court functions. The report was translated and shared with the HACC leadership.

HACC Courthouses. The premises for the HACC and HACC Appellate Chamber must address the special functions and tasks of the HACC. New Justice expert Timothy Dibble assisted the SJA and HACC in developing and revising building programs for courthouse facilities for the HACC and HACC Appellate Chamber. This included analyzing existing staffing models and building programs, conducting a gap analysis reflecting the special functions and needs of the HACC and how they fit or supplement existing building standards. The reports were translated and shared with the HACC leadership.

Improvement of Access to Justice through Mediation. New Justice issued a grant to the Civic Association “Ukrainian Academy of Mediation” (UAM) in February 2019 to implement 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” activity. UAM is developing 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. New Justice also issued a grant to the Nongovernmental Organization NAMU to implement the “Ensuring the Quality of Mediation Services by Standardizing the Requirements for Basic Mediation Training” activity. As a result of this activity the Standard of Basic Mediation Training was developed and introduced to centers and trainers providing training services on the basic skills of the mediator.

Based on results of meetings with Ukrainian stakeholders, representatives of the Parliament, HCJ, MOJ, judges, lawyers, and mediators from regions, New Justice experts Ales Zalar, Director of the European Center for Dispute Resolution and Frank C. Laney, Circuit Mediator for the US Court of Appeals for the Fourth Circuit prepared a comprehensive analysis of the current context, barriers and opportunities for developing mediation in Ukraine and recommendations on how to promote and implement mediation in Ukraine. New Justice is plans to present the Analysis to relevant stakeholders in the coming reporting period.

On August 7, 2019, Ukraine’s Minister of Justice signed the UN Convention on International Settlement Agreements Resulting from Mediation. The MOJ created a working group to prepare a draft Law on Mediation and necessary amendments to other related pieces of legislation to build a platform for the Convention implementation. On September 4-5, 2019, New Justice supported the MOJ in conducting a working group meeting to develop a Draft Law on Mediation.

On September 25, 2019, New Justice expert Ales Zalar presented the Comprehensive Analysis of Current Context, Barriers and Opportunities for Developing Mediation with Recommendations how to Promote and Implement Mediation in Ukraine during the roundtable "Mediation as a Global Trend of Legal Practice" and also delivered a lecture for students on "Current Trends of Mediation Development in European Union". Both events were conducted as part of the 3rd Kharkiv Legal Forum.

Online Dispute Resolution. ODR has recently emerged as a fast and less expensive means of ADR. Internationally, the use of ODR is growing rapidly with a mix of initiatives being led by government, courts, civil society, and private sector actors. Experiences in a variety of jurisdictions around the world have indicated that ODR helps reduce court backlogs, resolve disputes covering a wide range of disagreements and increases overall access to justice. New Justice plans to launch a pilot project offering certain elements of ODR functionality online to citizens in partnerships with courts.

Improving the Enforcement Efficiency. On September 29, 2019, the new Cabinet of Ministers of Ukraine adopted Program of Governmental Actions in which set goal Parties of the Contracts Protected from Its Non-Enforcement. In particular, this№12.2. goal should be achieved by increasing of the rate of timely and successfully enforced court decisions.

Following the CMU plans, Ukraine’s new Minister of Justice Mr. Denys Malyuska re-

BPA outcomes presentation on August 5, 2019 in KPMG office. affirmed MOJ intention to increase the PHOTO: USAID New Justice Program number of PEOs and reduce the number of the state enforcement officers. Following this goal, the Ministry started by rebooting PEOs Disciplinary and Qualification Commissions appointing majority of PEO representatives in their compositions.

Key Achievements to Date Efficiency in Administration of Justice. During this reporting period, New Justice launched implementation of the case weighting study for courts of all levels and jurisdictions in Ukraine. As part of this effort, the judges of all courts of Ukraine completed two forms: an online Голова ВРП А1.3 Облік грошових коштів та А1 Організація Керівник секретаріату розрахунків документообігу estimation time study form, where they were А1.1 Врегулювання спорів, які виникають у разі невиконання чи неналежного виконання договірних зобов’язань з господарських питань між ВРП та юридичними або фізичними особами

Написання СЗ з asked to estimate the amount of time they Службова записка проханням оплатити Квитанція судовий збір Позовна заява Отримання квитанції Дані кроки виконує про оплату позову відповідальний за needed to handle cases of various types, and an підготовку позовної заяви Проект Позовна заява

Погоджено і підписано online objective time study form, where they Г. ВРП Передача позовної . Правове управління заяви на підпис Г. ВРП 05 Відправлено на were asked to keep track of the actual time they доопрацювання

Усне доручення або spent on cases during a three-week period. резолюція Проект Позовна заява Визначення Підготовка Отримання так виконавця позовної заяви необхідних віз

Отримання доручення Справа потребує New Justice plans to complete processing the від К.С.ВРП виконання 5.1 начальником ні управління? Позовна заява так

Начальник управлінняНачальник Погодження ні data from both questionnaires by the end of позовної заявки 5 . 1 Позовна заявка October, and to produce the final case weights погоджена? Сканування та Підготовка стоверння копії позовної заяви позовної заяви Проект Позовна заява Передача оригіналу позовної заяви на no later than November 30, 2019. The resulting реєстрацію Відділ представництва представництва Відділ правосуддя в судах в правосуддя інтересів Вищої ради інтересів . 3 case weights will be used by the judiciary to 5 balance judicial workload and determine the Slide illustrating the outcomes of the business process analysis number of judges needed to handle the current - a process map courts’ workload.

To support implementation of newly-adopted procedural codes of Ukraine, which place extensive requirements on using IT solutions, New Justice in partnership with KPMG conducted a business process analysis (BPA) for the HCJ, which aimed to improve HCJ staff productivity, reduce the time required for completing operations, and streamline processes at the HCJ to make them less labor intensive. As part of this process, New Justice analyzed the “as is” HCJ

practices, using two major key indicators (cost and time) for evaluation. New Justice then proceeded to prepare recommendations regarding “to be” processes, and piloted several proposed solutions aimed at boosting the HCJ’s efficiency. The changes, proposed to the HCJ’s administrative procedures will greatly (up to 50% in certain cases) reduce the time it takes the HCJ to process disciplinary complaints against judges, introduce HCJ staff specialization, and streamline HCJ processes. On August

New Justice UX/UI expert Omar Gonzalez giving presentation 5, 2019, New Justice jointly with KPMG on his findings regarding the analysis of the e-Court system in conducted a presentation of the BPA the Southwestern Commercial Court of Appeals (Odesa) on outcomes to representatives of the May 30, 2019. PHOTO: USAID New Justice Program judiciary. As an outcome of this initiative, the HCJ established in its structure a “project office”, responsible for implementing the recommendations provided in the final report.

In addition, New Justice conducted an audit of the functionality, usability and technical readiness of the “e-Court” system, developed by the State Enterprise “Information Court Systems” to provide Ukrainian court users with e-filing capacities. The audit discovered a number of issues related to the usability of the new system, which lead to numerous user complaints and issues related to using the system. In order to present the report’s findings, New Justice supported the Roundtable Discussion “E-Justice as a Modern Component of the Judiciary. First Results and Next Steps”. The event focused on discussing issues related to the development and rollout of the Unified Judicial Information and Telecommunication System and preparing recommendations to improve the current functionality of the system. As a result of this activity, New Justice presented over 15 recommendations for the improvement of the “e- Court” system to a broad stakeholder audience.

Online Dispute Resolution. As the result of the Assessment Study: Potential Online Dispute Resolution Initiatives in Ukraine report prepared by New Justice expert during the previous period, New Justice designed and currently is implementing a pilot ODR project that will assist citizens in identifying their legal issues, making an informed decision on how to proceed, and prepare the respective documents supporting the selected course of action. This will not only assist citizens in resolving their disputes in a timely manner but will also help reduce court caseloads by offering alternative ways to resolve matters. New Justice plans to pilot this solution via its network of partners, including courts, Community Justice Centers and NGOs, and then roll out this experience nationwide.

Improving the Enforcement Efficiency. New Justice supported the APEOU in conducting a Selection Committee which selected two finalists to the APEOU Disciplinary Ombudsman position – Oleksiy Solomko and Olena Ovcharenko. Following donors’ recommendations, the MOJ incorporated changes to the Rules of Internship of Candidates to PEOs Position introducing the possibility for candidates to complete internships either at a private office or the office of a state enforcement officer. Additionally, changes to the Regulation on PEOs Disciplinary Commission were implemented granting the Disciplinary Ombudsman the right to be presented at the Commission meetings and provide his/her opinion regarding the actions of a PEOs in

question. New Justice developed the Terms of References for further development of the new upgraded web-site for the APEOU. Also New Justice engaged a vendor to complete an animation titled “Guide on Enforcement Procedures” educating citizens on the due process of enforcement of court rulings as well as informing about a new position of PEO. The animation was released by the MOJ and included in the national I HAVE RIGHT! Project.

Orientation Training Program for High Anti-Corruption Court. On April 1–19, 2019, New Justice, jointly with IDLO, Canadian Embassy, EU, and COE, supported the NSJ in conducting the orientation program for the newly appointed HACC judges. The comprehensive and complex program aimed to prepare anti-corruption judges to lead and effectively operate a high-profile anti-corruption court. New Justice ensured the participation of the intentional and Ukrainian experts, who presented and conducted trainings on the following topics: Anti-Corruption Court and Rule of Law, Judicial Opinion Writing, Judicial Ethics and Integrity, Witness and Victims Protection, Money Laundering and Assets Forfeiture.

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

OBJECTIVE 4: QUALITY OF LEGAL EDUCATION STRENGTHENED Current Status of Affairs New Justice continued to support legal education reform aimed to create conditions that will reward legal education quality, drive corrupt and poorly performing law schools out of business, ensure adequate preparation of future generations of legal professionals, and secure Ukraine’s self-reliance in reforming its justice sector going forward.

On December 18, 2018, the CMU adopted the Government Priority Action Plan for 2019. The document, among other things, stipulated the adoption of the Legal Education Reform Concept Paper and Action Plan in 2019. With New Justice’s support the MOE and the MOJ developed and presented key priorities in reforming legal education on January 24, 2019.

New Justice then assisted the MOE and the MOJ in developing a draft Legal Education Reform Strategy that both ministries simultaneously published for public discussion on their websites on March 25, 2019. Further, New Justice contributed to the discussion of the draft by the legal community during the 9th Western-Ukrainian Legal Forum in Lviv on March 28, 2019, securing the Association of Ukrainian Lawyers’ public support of the draft Legal Education Reform Concept Paper. New Justice also assisted the MOE and the MOJ in finalizing a draft Legal Education Reform

Concept Paper that the Minister of Education Liliia Hrynevych and Minister Head of the Legal Reform Commission Working Group on of Justice Pavlo Petrenko presented on Legal Education Reform Nataliya Kuznietsova opens an June 12, 2019. Despite approvals of the extended meeting of the Working Group on Legal Education Reform on September 25, 2019 at the 3rd Kharkiv International MOE, the MOJ, and the MOF, the CMU did Legal Forum. PHOTO: Yaroslav Mudyi National Law University not manage to adopt the LERCP due to

the time constraints imposed by a snap parliamentary election. Further, Ukraine’s new President Volodymyr Zelenskyy established the LRC that now includes a Working Group on Legal Education Reform.

On September 25, 2019, New Justice supported the MOE, the MOJ, and the LRC under the President of Ukraine in organizing and conducting an extended meeting of the Working Group on Legal Education Reform under the Legal Reform Commission. Over 30 members of the Working Group, policy-makers, law school administrators, faculty and student leaders worked on finalizing the draft Legal Education Reform Concept Paper and agreed on the following key elements of legal education reform: (1) further increase in standards for admission to law schools, (2) need for higher standards for legal education quality assurance, (3) further improvement of law school curricula aimed to ensure skills-based and practice-oriented training, (4) a fair competition for public funding aimed at ensuring the race to the top among Ukrainian law schools, and (5) a unified state qualifications exam exams as a requirement for earning a master’s degree in Law or International Law, an academic qualification required to become a judge, advocate, public prosecutor, or notary in Ukraine.

In addition, New Justice supported legal education reform efforts of the MOE, the MOJ, NAHEQA, leading law schools, associations of law students, and the National Bar Association contributing to the following key steps: (1) setting the minimum number of score points for three certificates of the external, independent, standardized testing of high school graduates needed to compete for admissions to law schools in Ukraine at 130 out of 200 points and, thus, increasing admission standards and improving the quality of student body; (2) MEISEE for master’s degree programs in Law and International Law included over 20% of test items in the form of mini- cases that tested not only legal knowledge, but also key aspects of its application to facts; (3) further improvement of MEISEE by engaging independent legal practitioners in setting and increasing minimum MEISEE scores required to be able to compete for admissions to master’s programs in Law and International Law; (4) the CMU adopted a Framework Regulation on Conducting a Unified State Qualifications Exam (USQE) for 30 specialties, including both 081 “Law” and 293 “International Law”, requiring USQE to graduate with a master’s degree; (5) the Students’ League of the Association of Lawyers launched a nation-wide survey of students to analyze from the student perspective the current state of affairs in legal education and develop students’ recommendations for legal education reform going forward; (6) five leading law schools reconsidered their curricula in the light of the Innovative (Model) Law School Curriculum developed by New Justice and over 20 law school administrators and faculty benefited from the training on the implementation of the Modern Teaching Toolkit; (7) the Yaroslav Mudryi National Law University jointly with the Civil Resolution Tribunal, Canada’s first online court, piloted a course on Justice, Technology, Innovations, and Law; (8) UCU, New Justice’s grantee, developed a model syllabus of a course titled “Rule of Law Issues” and disseminated it among over 20 leading Ukrainian law schools; (9) NAHEQA obtained computer equipment necessary to perform its functions aimed at ensuring legal education, received international expert support in developing its policy on academic integrity, and used the New Justice-developed Methodology for External, Independent, On-Site Assessment of Legal Education Quality for developing Standards for Accreditation of Educational Programs; and (10) the National Bar Association of Ukraine set up its Legal Education Committee aimed at strengthening legal education quality.

Key Achievements to Date New Justice coordinated donor efforts on legal education reform. As a result, New Justice, the OSCE Project Coordinator, and the EU Project “Support to Rule of Law Reforms in Ukraine (PRAVO-JUSTICE)” agreed on a common vision for legal education reform and its key priorities

30 going forward, including joint donor efforts to (a) support the MOE with developing draft National Standards for Master’s Degrees in Law, (b) assist the MOE and the MOJ with the implementation of MEISEE 2019 and institutionalization of law school admission and graduation exams going forward, and (c) support the MOE and the MOJ with finalizing the draft Legal Education Reform Strategy and Action Plan and publicly presenting it to legal education stakeholders.

On December 12, 2018, Minister of Education and Science of Ukraine Liliia Hrynevych signed a decree on National Standards for Bachelor’s Degrees in Law, approving the first deliverable of the MOE Working Group on Legal Education Standards. This document is an important first step on the way to Ukraine’s self-reliance in ensuring the quality of legal education going forward as it sets minimum requirements for law schools in terms of key learning outcomes, establishes indicators for measuring the quality of legal education, lays the foundation for introducing a unified law school graduation exam, and increases student mobility between universities.

On October 12, 2018, New Justice supported the MOJ in presenting key results of the MOJ opinion survey of legal employers as to the set of professional knowledge, skills, attitudes, and values that law graduates must master in order to meet modern job market demands. More than 30 MOJ and MOE policy-makers, government experts, legal employers, law school administrators and student leaders participated in the event and contributed to developing the MOJ-MOE policy on bringing legal education in line with job market requirements.

New Justice supported the implementation of the International Online Anti-Corruption Course (IOAC) during the Fall Semester 2018 in cooperation with Prof. Speedy Rice of the Washington and Lee University Law School for six law schools in Chernivtsi, Kharkiv, Kyiv, Odesa, Ostroh, and Poltava. On November 14-16, 2018, New Justice also organized the 3nd International Academic Anti-Corruption Workshop in Kharkiv. The event brought together more than 55 Ukrainian and American law students and faculty participating in the IOAC to present and discuss good practices of developing and implementing integrity infrastructures at law schools, including honor codes, honor committees, and rules of procedure for investigating and considering alleged honor violations. New Justice also collaborated with the United Nations Office on Drugs and Crime (UNODC) to train the workshop participants on the implementation of UNODC-developed Education for Justice Online Modules at Ukrainian law schools. This workshop empowered Ukrainian faculty and students with new Ukrainian and American law students are participating in a knowledge and skills on anticorruption, mock Honor Committee hearing on November 15, 2018 in integrity, and ethics as well as enhanced Kharkiv. PHOTO: USAID New Justice Program the participating law schools’ self- reliance in developing their integrity infrastructures and teaching ethics and integrity going forward.

On November 19-20, 2018, New Justice supported the Yuriy Fedkovych Chernivtsi National University School of Law (CNU) with developing its Rules of Procedure for the implementation

of the law school’s Honor Code. Washington and Lee School of Law Professor of Practice Speedy Rice and his five students discussed the integrity infrastructure needed to maintain the law school’s Honor System and enforce Honor Code with over 40 CNU administrators, faculty and student leaders. The participants discussed and agreed on an action plan for improving the CNU community’s integrity infrastructure going forward.

On November 21 and November 23, 2018, New Justice conducted two roundtable discussions on ensuring academic integrity at the Taras Shevchenko National University School of Law and the Kyiv-Mohyla School of Law respectively. More than 95 law school administrators, faculty and student leaders participated in the discussions and benefited from experience exchange on ensuring academic integrity, including the ways to address plagiarism and cheating as honor violations in the law school setting. This effort contributed to improving legal education through fostering academic integrity. Further, on April 17, 2019, New Justice supported the Association of Advocates of Ukraine’s Committee on Legal Education Policy in conducting a policy discussion on academic integrity attended by over 40 law professors, students, and legal practitioners. New Justice supported the event with a presentation and materials on integrity infrastructure for law schools to promote relevant international best practices and further engage bar associations in legal education quality assurance.

New Justice also supported the European Law Students’ Association with conducting the 2nd National Anti- Corruption Moot Court Competition on November 24-25, 2018. Sixteen student teams from around Ukraine participated in the competition to hone their anticorruption litigation skills. This effort contributed to advancing skills-based and practice-oriented legal education.

During the reporting period, New Justice continued to work on supporting Ukrainian law schools with the

implementation of the Model Law School Professor Sophie Sparrow facilitating the Modern Teaching Curriculum, in particular formal requests Toolkit workshop on February 25, 2019 in Kyiv. PHOTO: for project support received from the USAID New Justice Program Yaroslav Mudryi National Law University and the Ukrainian Catholic University School of Law. To this end and upon New Justice’s request, Professor of Law Emeritus Herald Hess of Gonzaga University and Sophie Sparrow of the University of New Hampshire School of Law developed a Modern Teaching Toolkit (MTT) and trained Ukrainian administrators and faculty leaders on its implementation.

Further, Professor Hess and Professor Sophie Sparrow prepared and conducted an interactive workshop on the MTT implementation for 24 administrators and faculty leaders of 12 leading Ukrainian law schools. As a result, New Justice strengthened the Ukrainian law schools’ capacity to deliver a modern-style training for future lawyers. Based on the discussion during the workshop, the international experts designed the MTT Implementation Plan to provide their Ukrainian colleagues with additional recommendations for incorporating the MTT into practice for Ukrainian law schools to improve the quality of legal training in Ukraine.

New Justice continued to work on supporting Ukrainian law schools with the implementation of the Innovative (Model) Law School Curriculum. To this end, New Justice engaged Professor David Kereselidze, Head of the New Vision University Academic Council (Georgia), as its International Legal Education Pro Bono Expert to develop a self-assessment form for Ukrainian law schools willing to implement the Innovative (Model) Law School Curriculum. Dr. Kereselidze then paid onsite visits to the law schools on February 19-22, 2019 to conduct independent assessments of the law schools’ needs pertaining to the modernization of their curricula. As a result, the law schools received expert guidance to support them in developing roadmaps and action plans for overhauling their curricula based on Participants of the international workshop on interactive the Innovative (Model) Law School methods of teaching on May 24, 2019 in Lviv. PHOTO: USAID New Justice Program Curriculum. Further, New Justice engaged the administrators and faculty leaders of three leading law schools, namely the National University “Ostroh Academy” School of Law, the Vasyl Stus Donetsk National University School of Law, and the National University “Odesa Law Academy” School of Civil and Commercial Justice, in a self-assessment of their curricula against the Standards and Guidelines for Quality Assurance in the European Higher Education Area.

David Kereselidze reviewed the law schools’ self-assessment reports, provided his expert feedback, and on April 2–5, 2019 visited each law school with fact-finding missions aimed at conducting external assessments of the law school’s needs to develop a roadmap and action plan for modernizing their curricula based on the MLSC earlier designed by New Justice per an MOJ request. As a result, Mr. Kereselidze produced tailored recommendations for legal education quality assurance and implementation of the MLSC by respective law schools. As an Professor David Kereselidze is discussing the Vasyl Stus Donetsk National University School of Law’s Self-Assessment Report outcome, the law schools updated with the law school administrators, faculty and student leaders their curricula in line with key expert on April 4, 2019 in Vinnitsia. PHOTO: USAID New Justice recommendations related to (1) Program ensuring the clarity of the curriculum structure; (2) emphasis on practice-oriented, skills-based legal education; and (3) widening students’ choice of disciplines and improving academic mobility.

On April 15-16, 2019, New Justice conducted for the UCU School of Law team of eight administrators and faculty a two-day interactive workshop on designing and finalizing rules,

policies, and procedures for the implementation of the UCU School of Law’s brand-new bachelor’s program based on the MLSC. Further, on May 22-24, New Justice conducted a three- day interactive workshop with New Justice International Legal Education Expert Delaine Swenson for ten administrators and faculty members of five leading law schools. Mr. Swenson delivered sessions on interactive methods of teaching law, legal skills, and legal ethics. New Justice International Legal Education Expert Speedy Rice conducted sessions on designing rules, policies, and procedures aimed at fostering an ethical learning environment to support the training of future lawyers. These efforts contributed to the implementation of the MLSC at the Vasyl Stus Donetsk National University School of Law, the Yaroslav Mudryi National Law University, the National University “Odesa Law Academy”, the National University “Ostroh Academy” School of Law, and the UCU School of Law.

On January 17-18, 2019, New Justice supported the participation of Deputy Minister of Education and Science of Ukraine Yuri Rashkevych in the International Conference “Responding Differently to the Changing Dimensions of the Development Landscape” organized by the Global Delivery Initiative (GDI) in Berlin, Germany. Mr. Rashkevych benefited from insights into cutting-edge approaches to state capacity building from project leaders and drivers of institutional change from a range of development and governmental organizations, international development networking, and discussions on the practice, results, and long-term effects of development initiatives. In turn, Mr. Rashkevych shared the results of the MOE projects to improve legal education quality in Ukraine implemented with USAID support. He used the case of the MIESEE development and implementation in 2016, 2017, and 2018 to present the MOE’s tool for ensuring fair, transparent, merit-based, and corruption free admissions to law schools. This event enabled international experience exchange and promoted USAID efforts to support legal education reform in Ukraine.

On April 11-12, 2019, New Justice supported the participation of Yaroslav Mudryi National Law University Vice Rector Yuriy Barabash and Ukrainian Catholic University School of Law Director Ivan Horodyskyi in the European Law Faculties Association’s Annual General Meeting and Conference “Integration and Diversity in European Legal Education” in Turin, Italy. The conference brought together law school administrators and legal education leaders from across Europe to exchange ideas and share experiences in enhancing legal education quality. New Justice’s partner law schools benefited from international networking and used the conference as an opportunity to develop international partnerships to strengthen legal education quality in Ukraine.

New Justice continued to support the MOE and the MOJ in the implementation of MEISEE in 2019. To this end, on February 15 and March 1, 2019, New Justice supported the ministries in conducting the first two meetings of the MOE Working Group on MEISEE. With New Justice support, the MOE established the Working Group on MEISEE 2019 and necessary legal framework. Further, New Justice Local Test Item Development Expert Serhiy Rakov designed three sets of thirty test questions to examine the critical thinking, analytical and logical reasoning skills of applicants for master’s degree programs in law and international law, transferred the test questions to the Ukrainian Center for Education Evaluation, and formatted the test booklets. Dr. Rakov then amended the brochures on the testing of critical thinking, analytical and logical reasoning skills aimed to help test-takers better prepare for the exam. New Justice then monitored the MEISEE administration in July 2019 and contributed to setting minimum scores required for competitive admission to master’s degree programs in Law and International Law.

New Justice also continued to promote integrity-centered, skills-based, technology-driven and practice-oriented training of future lawyers. To this end, on May 14, 2019, New Justice supported the Taras Shevchenko Kyiv National University School of Law in organizing and conducting a public talk on justice innovations with New Justice International Experts on Justice and Technology Richard Rogers and Lauryn Kerr, Executive Director and Legal Counsel of the Civil Resolution Tribunal (CRT), British Columbia, Canada, respectively. Over 50 law students, faculty, and legal practitioners attended the event in person and over 510 watched the talk online. Further, on May 16– 17, 2019, New Justice supported the

Yaroslav Mudryi National Law University (NLU) in organizing and conducting a two- Participants of the workshop on justice innovations working in day workshop on justice innovations for over small groups and developing a road traffic dispute solution explorer on May 16, 2019 in Kharkiv. PHOTO: Yaroslav Mudryi 25 NLU students and faculty who earlier National Law University benefited from the innovative, practice- oriented course entitled “Innovation, Technology, Justice and Law” implemented in the previous reporting period with New Justice support and in cooperation with the CRT, Canada’s first online administrative tribunal, handling small claims, property, and motor vehicle accident disputes. New Justice International Experts on Justice and Technology Richard Rogers and Lauryn Kerr provided the workshop participants with opportunities for first-hand learning about justice sector innovations and related technologies. New Justice will continue to support the NLU and other leading law schools in their efforts to integrate legal innovations into their curricula.

New Justice continued implementing the Rule of Law Lecture Series (ROLLS) in cooperation with the UCU. New Justice and UCU conducted 16 rule of law lectures. The topics covered ranged from challenges of legal education, the future of the legal profession, legal ethics and anticorruption to procedural justice, countering international crimes in the context of the armed conflict in the east of Ukraine, the application of international law in the administration of justice in Ukraine, and human rights issues related to the implementation of the Ukraine-EU Association Agreement. These events contributed to building a better understanding of rule of law by

over 950 academics, judges, legal Professor Brian Tamanaha is delivering his public lecture on the practitioners, and law students who essentials and challenges of legal education on April 18, 2019 in attended the grant project events in Kyiv. PHOTO: USAID New Justice Program person, as well as over 20,000 online viewers. Based on the ROLLS materials, UCU developed, published and distributed its model syllabus of a course titled “Rule of Law

Issues” to 30 Ukrainian law schools, aimed at modernizing law school curricula and enhancing the understanding of the rule of law in Ukraine.

New Justice supported the development and implementation of the landmark graduate certificate program on the 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 will provide participants with the ability to not only understand the rule of law, but how to apply it to their day-to-day work as justice sector personnel. During the two weeks of in-class instruction in November and December 2018, 30 Students and faculty of the Rule of Law Certificate Program on participants improved their knowledge December 13, 2018 in Kharkiv. PHOTO: USAID New Justice and skills in the following areas: history Program 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. The selected topics included issues related to commercial dispute resolution, enforcement of judgments, e-justice, alternative dispute resolution, and protecting the rights of disabled persons and asylum seekers. Participants received a joint certificate from the Yaroslav Mudryi National Law University and the University of South Carolina at a graduation ceremony in April 2019. This effort helps to promote and strengthen the rule of law by providing legal professionals with improved capacity to administer justice and protect human rights; thus it is a significant step towards achieving UN Sustainable Development Goals, particularly, the target 16.3 Promote the rule of law at the national and international levels and ensure equal access to justice for all.

New Justice continued supporting Ukrainian legal clinics in strengthening their capacity to enhance law students’ skills. In particular, New Justice hired a local expert to revise the existing draft textbook on legal clinical education suggest amendments to each chapter and present the finalized version. The textbook will be finalized in the next reporting period.

Explanation on Deviations in Implementation of the Work Plan Despite approvals of the MOE, 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 Paper due to the time constraints imposed by a snap parliamentary election. Ukraine’s new President Volodymyr Zelenskyi established the LRC that now includes a Working Group on Legal Education Reform, and New Justice is supporting the Working Group in finalizing the draft Legal Education Reform Concept Paper.

OBJECTIVE 5: ACCESS TO JUSTICE EXPANDED AND HUMAN RIGHTS PROTECTED Current Status of Affairs Improving Access to Courts and Court Services for All Citizens Including Vulnerable Groups: During this reporting period, New Justice supported the implementation a training program on

increasing communication skills in work with PWDs for judges and court staff in Donetsk and Luhansk Regions. As a result, New Justice grantee Donbas Democratic Development Agency NGO, in cooperation with the NSJ, trained 175 judges and court staff on increasing their communication skills in the work with PWD in Luhansk and Donetsk Region courts. Also, the grantee monitored access to justice in 14 courts int the Luhansk and Donetsk region. The results of the monitoring as well as recommendations on improving access to justice for PWD to courts and court services were presented to judicial institutions and civil society at four round tables in the above-mentioned regions. New Justice also partnered with Law and Democracy NGO, territorial offices of the SJA and All Ukrainian Organization of Ukrainian Association of People with Hearing Impairments (UTOG) to conduct eight trainings for court sign language interpreters to improve their knowledge and skills on legal and judicial terminology. The grantee developed a training curricular and conducted TOT for 20 faculty members selected among active UTOG’s sign language interpreters in September 2019. After that faculty members lead two out of eight trainings in Lviv and Odesa for local court sign language interpreters. The grantee also had meetings with representatives of Ukrainian Assembly of People with Disabilities to discuss developing and delivering a future presentation to MPs on recommendations to improve the SJA procedure on payment for sign language interpreter service.

New Justice continued to contribute to juvenile justice reform through cooperation with the MOJ and UNICEF by supporting the Inter-Disciplinary Council on Juvenile Justice, developing the law on juvenile justice; and piloting a training curricular for lawyers providing free legal aid on the rights of juveniles in the criminal justice system. New Justice also designed a professional development training program for the MOJ's Directorate on Human Rights, Access to Justice and Legal Awareness staff, as well as a training program on communications for the heads of the MOJ regional offices to ensure professional and client-oriented justice services delivery.

New Justice continued supporting MOJ in I HAVE A RIGHT! Project implementation through producing public awareness materials and conducting public events on child rights protection and enforcement of court decisions.

The program also supported the NSJ in piloting the training curricular for judges on international humanitarian law (IHL) application and human rights protection for cases relating to the armed conflict in the East of Ukraine and occupation of Crimea. Also New Justice grantee Human Rights NGO in partnership with the NSJ developed and piloted training curricular for judges and court staff on the peculiarities of communication with people with intellectual and mental disorders.

New Justice also contributed to using innovative methodologies in teaching law and initiated the development of a module law school curricular module on legal innovations. The program also supported civil society initiatives in developing a community advisors institute in Ukraine and raising awareness of elderly people on their rights in accessing justice.

Providing Greater Protections to the GBV Victims and Other Vulnerable Groups. New Justice continues support activities aimed at providing greater protections to GBV victims and other vulnerable groups through strengthening capacity of free legal aid providers in protecting GBV victims, increasing awareness of the target group about the available services, and developing cooperation between civil society and institutions providing free legal aid and other services for victims as well as through deepening knowledge of judges who consider domestic violence cases on the novelties of national legislature in this respect, international law ( including ECHR

case law), and cross-disciplinary research that shows how gender stereotypes affect judicial decision-making in these categories of cases.

Establishing Community Justice Centers. To bridge the gap between the justice sector and the community, New Justice supported establishing and developing the first Community Justice Centers (CJC) in Ukraine. During Year 3, New Justice CSO partners, in cooperation with local courts and local government, established three CJCs in Kharkiv and Odesa Oblasts. These three CJCs provide a sustainable mechanism for collaboration between justice sector institutions and the communities that they serve by providing a one-stop shop for the public to access a wide range of services, including legal aid and mediation services that will help to better resolve legal issues at the local level. Considering the success of three pilot Ukrainian CJCs, the GOU initiated the process of reforming governmental Free Legal Aid Bureaus (FLAB) currently working as part of the centralized Legal Aid System. This reform, among other aspects, includes transferring FLABs into local community owned, governed, managed and funded CJCs. New Justice and its Ukrainian governmental and non-governmental partners including the MOJ Coordination Center for Free Legal Aid Provision (CLAP), Kyivskyi District Court of the City of Odesa, and Legal Development Network NGO consider CJC as a sustainable platform for citizens participation in access to justice reforms.

Key Achievements to Date Improving Access to Courts and Court Services for All Citizens Including Vulnerable Groups. During this reporting period, 175 judges and court administrators obtained knowledge on the legal status of PWD, learned about communicative and psychological aspects of interaction with PWD and how to increase physical and legal access to justice for PWD. 14 courts in Luhansk and Donetsk Regions received about 30 recommendations on improving access to courts and court services for PWD. 60 sign language interpreters increased their knowledge on judicial sign language terminology as well as on legal aspects of sign language interpreters’ activities. The sign language interpreters will apply the obtained knowledge during courts hearings and procedures.

During the reporting period, 91 judges obtained knowledge on international humanitarian law (IHL) and international criminal law application in considering cases related to armed conflict on the territory of Ukraine and occupation of Crimea. 121 judges and 133 court staff were trained on peculiarities of communication with people with intellectual and mental disorders to ensure equal access to justice for representatives of this vulnerable group of population.

New Justice grantee Human Rights Vector NGO in partnership with the MOJ and the MOE trained 48 teachers of law on using interactive methodologies in teaching law, organized webinars for 181 participants; and conducted a nationwide competition for methodological proposals on the best usage of on-line litigation broadcasts in the educational process. 36 selected methodological proposals were included in methodological collection which was widely disseminated among higher educational institutions.

New Justice in cooperation with OSCE Projects Coordinator Office in Ukraine and Kyiv Legal Hackers community supported the MOJ and the MOE in conducting the first in Ukraine Legal Innovations Summer School of teachers of law at higher institutions. During the event, teachers deepened their knowledge and shared their experience in teaching legal innovations. As a result, participants developed a curricular module on legal innovations for students of law faculties at higher Participants of Legal Innovations Summer School share educational institutions in Ukraine. experience in using innovative solutions to advance innovations in justice on July 22, 2019 in Yaremche. PHOTO: New Justice supported USAID New Justice Program development of a community advisors institute in Ukraine. As a result, New Justice grantee Ukrainian Legal Aid Foundation trained 66 representatives of community advisors’ network on strategic planning and individual action plans designing; and competitively selected and supported 10 local initiatives conducted by community advisors in cooperation with local self-government and public authorities aimed at improving access to justice at the local level.

New Justice raised awareness of elderly people on the right to fair trial and on how to access justice services. As a result, New Justice grantee Society and Law NGO conducted seminars for 215 elderly people of Lviv region, as well as designed and distributed the brochure “Typical Violations of the Rights of Senior Citizens: Success Stories of Their Protection” which illustrates five key areas of senior citizens rights' violations in accessing justice. The brochure also presents success stories on overcoming obstacles in accessing justice through consultation with civil society organizations and free legal aid system.

Providing Greater Protections to the GBV Victims and Other Vulnerable Groups. New Justice supported NGO La-Strada Ukraine jointly with the NSJ in developing and piloting the training curriculum for judges on “Adjudicating Domestic Violence Cases” that has now become a compulsory course for professional development of judges and candidates for the position of a judge. New Justice, jointly with the Quality and Accessible Legal Aid in Ukraine

Project (Canadian Bureau for USAID Regional Mission Director to Ukraine and Belarus Susan International Education) and Fritz opening the All-Ukrainian Forum of Women-Lawyers on Ukrainian-Canadian Support to June 1, 2019 in Kyiv. PHOTO: USAID New Justice Program Judicial Reform Project, also

39 supported the Association of Women-Lawyers of Ukraine in conducting the Second All- Ukrainian Forum of Women-Lawyers in Kyiv on June 1 and 2, 2019 titled “Serving as the Voice of Women: Women Legal Professionals Taking Centre Stage”. The Forum gathered women- judges from the courts of all levels and jurisdictions, including Supreme Court Justices, members of Parliament, representatives of Ministries, attorneys, human rights activists and gender experts to encourage women-lawyers to contribute more to gender equality in the justice system and promote systemic changes in respect to greater protections of women’s rights. Recommendations developed by Forum working groups were shared with the relevant stakeholders who are responsible for implementing state policy on women rights protection.

Community Justice Centers (CJC). In Program Year Three New Justice established first three Community Justice Centers (CJC) in Ukraine: • Community Center for Promoting Access to Justice in the town of Tatarbunary of the Odesa Oblast established by Odesa Oblast Organization of the Committee of Voters of Ukraine with New Justice grant support and in cooperation with local self-governance authorities. This CJC offers services including legal aid, community dialogue on solving issues including non-legalized property transfers, alternative disputes resolution, and

community legal awareness. • The Association of Personnel of Odesa CJC provides legal consultations to local Investigative Judges of Ukraine, residents in June 2019. PHOTO: Odesa Community Justice in cooperation with Kyivskyi Center. District Court of the City of Odesa established with New Justice grant support and technical assistance the first in Ukraine court-annexed CJC. This CJC has an important role of being an example for other courts in Ukraine on how the court can work with the community in order to increase public trust in the judiciary. The 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 2,000 people since its opening in February 2019. Services include legal aid and consultations, referrals, and alternative dispute resolution. • The Legal Development Network (LDN) is working together with several local NGOs, local courts, and self-governance authorities on developing a CJC in the town of Chuhuyiv of Kharkiv Oblast. The CJC in Chuhuyiv provides legal aid, alternative disputes resolution, public law education, legal needs assessment and other services. The Chuhuyiv CJC also is a platform for community initiatives on improving local court functions, facilitating community dialogue on resolving issues such as land and property disputes, street crime, and domestic violence. Currently this CJC serves several hundreds of clients including vulnerable population such as internally displaced persons (IDPs), victims of the armed conflict in the East of Ukraine and veterans.

In cooperation with the Open World Leadership Center funded by the U.S. Library of Congress, New Justice implemented the Community Justice Centers Observational Study Visit to the U.S. 12 Ukrainian partner representatives including personnel of three CJCs, courts, MOJ’s Coordination Center for Legal Aid Provision Central Office, regional representatives of Legal Aid System such as PRAVOKATOR legal clubs, and representatives of local governance bodies visited Community Justice Programs in New York and Vermont . The Ukrainian delegation was exposed to U.S. community justice best practices and lessons learned in order to find best fits and possible solutions for community justice in Ukraine. During the study visit, the participants identified several important findings and lessons learned, inter alia: • Building public trust and confidence in the judiciary and other justice sector institutions should be a priority task for all stakeholders, not only courts; it requires involvement of community leaders, the government, police, attorneys, social institutions, NGOs etc.; • Procedural Justice concerns the perceived fairness of court procedures and interpersonal treatment while a case is processed as contrasted with Distributive Justice concerns the perceived fairness of the final outcome (i.e., whether the litigant “won” or “lost”); procedural justice builds trust in the court and enhances legitimacy of the justice system; use of Procedural Justice elements in Ukrainian courts is possible on specific judges’ discretion, but is limited by current legislation. • “Umbrella organizations” that help to establish and develop CJCs are very important bodies because they are key to design CJC programs and ensure availability of resources. • CJCs are effective and sustainable if they involve multiple stakeholder representatives: court, community, local authorities, NGOs; • The pre-requisite for CJC financial viability is local budget funding, but to get the local budget funding, CJC should ensure that its services are needed for the community.

The outcomes of this Study Visit included expanding services by three existing CJCs, specifically they all added peacemaking and community mediation programs. In addition, the existing CJCs started advocating for local government and local self-governance resources. As the result of the Study Visit, the MOJ Coordination Center for Free Legal Aid Provision expanded its regional programs with Access to Justice Innovation Trainings for youth on prevention of domestic violence, volunteer programs at local Legal Aid Bureaus and youth courts.

In Year 3, New Justice also developed and implemented a comprehensive training program for existing CJCs and representatives of communities who are interested in establishing new CJCs. This training program involved Ukrainian and U.S. experts who worked together as a faculty covering the critical topics for CJC programming and organizational development –community legal needs identification, involving stakeholders, CJC management and governance, procedural justice, working with volunteers, CJC fundraising and other topics. As the result of this training the existing CJCs started developing sustainability plans through diversifying CJC financial resources, and other participants started developing concepts on establishing CJCs in Khmelnytskyy, Chernihiv, Poltava and Donetsk Oblasts.

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 3, New Justice has 59 indicator targets, while the remaining 11 indicators do not have targets for this reporting period because they represent context indicators or because they do not have related activities in this reporting period.

Attachment C Performance Data Table provides details regarding the status of New Justice performance indicators as of the end of Year 3. The table below summarizes New Justice actual progress against its 59 annual targets for this reporting period disaggregated by the five project objectives:

Number of Changes Targets New Justice Number of indicator made, No. met and Objectives indicators LOP targets for below changes exceeded 2018 target Program Goal 1 1 0 1 0 Objective 1 17 16 5 3 8 Objective 2 19 16 6 3 7 Objective 3 16 10 4 2 4 Objective 4 7 7 2 4 1 Objective 5 10 9 5 2 2 TOTAL 70 59 22 15 22 TOTAL (Percent) 100.00% 37.29% 25.42% 37.29%

New Justice met or exceeded 21 of the 59 indicator targets set for this reporting period (37.29%), made progress toward targets for 15 indicators (25.42%), and reports limited progress on 22 indicators (37.29%).

The areas where targets met and exceeded include: • Involvement of judicial personnel, GOU, and civil society representatives in public discussions on the implementation of constitutional and legislative amendments regarding justice sector reform; • Promoting women’s leadership in the judiciary; • Implementation of Court Performance Evaluation (CPE) Framework by courts and, as a result, increased user satisfaction with court services; • Greater citizens involvement in providing inputs to implementation and monitoring of judicial reform; • Promoting partnership between judiciary and civil society organizations; • Increasing the role of civil society in improving the justice sector in Ukraine; • Training judges, court staff, HCJ and HQC personnel; • Engagement of vulnerable populations in access to justice reform.

The areas where targets had limited progress (e.g. 10% or more below target) include: • Capacity of 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; • Organizational capacity of the National Association of Mediators of Ukraine and Bar Association; • Improving legal and regulatory framework for judiciary, bar and alternative disputes resolution; • Support to HCJ and HQC in conducting judicial selection and discipline.

The key reasons for not meeting targets in 2019 include: • President and Parliament election campaigns and results of both elections significantly impacted the GOU’s justice sector and anti-corruption reforms priorities and agendas; • Judicial institutions’ delay of certain judicial reform activities for various reasons, ranging from inadequate state funding to lack of consensus among and within institutions; • 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, National Association of Mediators and others.

VI. PERFORMANCE MONITORING, EVALUATION AND LEARNING During the reporting period, New Justice continued implementing a participatory approach to measuring program performance and achieving the program goals and results. To ensure this approach, the project continued hosting the Stakeholder Advisory Group (SAG). The SAG’s primary role is to vet and provide data for high level outcome indicators based on applying international tools for justice sector development, including the Venice Commission Rule of Law Check List and the European Network of Councils for Judiciary (ENCJ) basket of indicators for judicial independence and accountability. In addition, the SAG provides New Justice and its partners with recommendations on setting and revising program targets, as well as reviewing and approving actuals. SAG members include GOU counterparts, international donor representatives, and relevant CSOs.

At the end of Year 3, the SAG collected the third annual data for the ratio of Ukrainian judiciary compliance with Venice Commission Rule of Law Check List, a key complex indicator to measure New Justice goal - Independent, accountable, transparent and effective justice system that upholds the rule of law and is empowered to fight corruption. An expert survey of SAG members generated the integral rate of compliance this year – 57.35% against 56% in 2018 and 54% in 2017. Implementation of the ROL Check List confirms Ukraine’s judicial reform’s slow progress. The highest rate of Ukraine’s compliance with ROL Check List specific benchmarks (“green zone”) are constitutional framework for judicial independence, accessibility of case files for parties, accessibility of court decisions for citizens, legislative framework for dismissal of judges, and absence of limitations for parties to present their position in courts. The lowest rate of Ukraine’s compliance with ROL Check List (“red zone”) are prosecutorial bios, corruption, public perception of the judiciary, and enforcement of court decisions.

During February - May 2019 in the reporting period, New Justice conducted four surveys of justice sector personnel regarding judicial independence and accountability, combatting corruption, administration of justice, access to justice, and public trust and confidence in the judiciary. The project conducted four separate surveys for specific groups of respondents including judges, legal professionals participating in court proceedings, those who are not court’s employees (advocates and prosecutors), court staff (excluding judges), and jurors. These surveys aim to support New Justice’ monitoring, evaluation and learning processes as well as to contribute to GOU monitoring of the implementation of Justice Sector Reform Strategy for 2015-2020 and Sustainable Development Strategy “Ukraine 2020.” One of the initial hypotheses for these surveys is that the opinions of legal professionals and jurors regarding judicial independence, accountability, impartiality and efficiency reflect the actual state of affairs in the judiciary and, thus, positive trends to the change in their opinion demonstrate justice sector reform success. The 2019 survey of judges engaged 730 respondents from 162 courts. The survey of advocates and prosecutors engaged 400 respondents and was conducted for the fourth time since New Justice began operating in October 2016. The survey of court staff is the second New Justice program survey of this category of stakeholders, and engaged 1,029 respondents, while the survey of jurors is the first time this group has been surveyed, with 407 respondents.

Key highlights of New Justice 2019 surveys include: • 47% of judges believe that the High Council of Justice has adequate mechanisms and procedures to ensure protection of judicial independence, and 35% believe that Council of Judges of Ukraine also has such mechanisms. A year ago, these indicators were much lower – 35% and 22% accordingly.

• About half of judges – 49% of respondents – believe that disciplinary liability is an efficient mechanism for preventing the delay of the proceedings and / or other procedural violations by judges during proceedings. However, 61% of respondents believe that attorneys and prosecutors participating in the proceedings use disciplinary complaints to pressure the judge and / or force him to make a certain decision in the case. • 60% of judges believe that judges in Ukraine are selected, appointed and promoted on the basis of capacity, experience, and competence and less than one fifth (18%) are sure that judicial appointment and promotion in Ukraine is happening based on other factors. Comparing this data with 2017, there are positive trends on these indicators. • Advocates and prosecutors became much more loyal to courts. 72% of respondents admitted that according to their experience of participating in court proceedings in the last 24 months, judicial decisions were properly motivated and clear, and 60% of them think that judges adopted lawful and fair decisions. Values for previous New Justice survey of advocates and prosecutors conducted in September 2018 were 59% and 53% accordingly. • Advocates and prosecutors became less positive about several key provisions of judicial reform. 63% of them in February 2019 in contrast with 68% in September 2018 believe that narrowing the scope of judicial immunity to functional leads to better situation in the Ukrainian judiciary; 57% of them (in contrast with 64% in September 2018) think so in regards to reversion to a three tier court system; 58% in contrast to 64% in September 2018 believe in progress with establishment of new Supreme Court instead of Supreme Court of Ukraine. • Advocates and prosecutors increased their trust in courts where they represent parties (56% compared to 47% in September 2018), judiciary in general (44% compared to 41% in September 2018), SBU (33% compared to 28% in September 2018) and NABU (32% compared to 28% in September 2018). • 63% of advocates and prosecutors believe in the responsibility to report corruption cases in judiciary to NABU, however only 15% of them are ready to do it by themselves. In September 2018 these results were 57% and 13% accordingly. • Similarly, court staff increased their trust in the judiciary and other government branches. 82% in 2019 compared to 60% in November 2017 (less than year and half ago) admitted that they trust courts where they work and 72% compared to 59% in November 2017 trust the judiciary in general. • Surveyed jurors demonstrate full sympathy to courts and satisfaction with court performance: over 90% of them indicated that judicial decisions are properly motivated, clear, lawful and fair, case adjudication in courts is done within the reasonable time, and there are no signs that judges act under pressure or influence of third party. • Court staff, similar to jurors, have positive perceptions of the courts they work for and criticism is very rare. • Only 11% of surveyed jurors and even less – 9% – of surveyed court staff are ready to report known corruption cases to NABU.

In addition to the national survey of legal professionals in 2019, New Justice supported the comprehensive court user satisfaction surveys using the Citizen Report Cards (CRC) methodology which is integral part of COJ-promoted Court Performance Evaluation (CPE) Framework1. New Justice considers court user surveys using the CRC methodology to be

1 CPE Framework is official policy of Ukrainian judiciary. New Justice predecessor FAIR project developed it in cooperation with COJ and SJA in 2012-2015, COJ approved it in 2015 recommending all courts of Ukraine implement CPE Framework at least every three years.

effective mechanism to improve judicial operations and, further, public trust and confidence in courts. In the process of delivering CRC surveys, the court monitors ask court users inside the courts about their satisfaction with court services. Citizens rank their overall satisfaction on a scale of 1 (lowest) – 5 (highest). New Justice defines the integral CRC score as an average of those ratings extrapolated into the scale where the maximum is 1 (equal: 100% of court users giving the highest rank). As mentioned above, in this reporting period New Justice CSO partners completed CRC surveys in 613 courts (82% of all courts in Ukraine) and presented the CRC scores for individual courts as well as integral scores for oblasts. Courts from Kyiv City received the lowest integral CRC score – just 0.76 of 1 and courts from Volyn Oblast received the highest CRC score – 0.91 of 1. The integral CRC score for all participating courts this year is 0.866 of 1 which is slightly higher than 0.84 New Justice baseline value dated 2016.

The following key conclusions are derived from New Justice surveys in 2019: • The situation in Ukrainian courts slightly improved over the last year; for example, courts became more “user oriented”, which leads to better user perception of courts. • A major part of New Justice 2019 programming overlapped with Presidential and Parliament Election campaigns. According to survey implementing companies this fact had significant impact on legal professionals perception of justice sector. After getting acquainted with justice-sector related parts of candidates’ platforms, judges, advocates, prosecutors, and court staff became more loyal to the existing situation due to fear that it could be worse. • Implementation of anti-corruption policy is stagnating: there has not been any progress in these regards, nor has there been any regression. The key factor of this stagnation is lack of whistleblowers protection policies and mechanisms. • Surveys notably emphasized the importance of newly created High Anti-Corruption Court.

In addition to survey data described above, New Justice demonstrated measurable progress in Year 3, including the following indicators: • Number of judicial personnel, GOU, and civil society representatives involved in public discussions on the implementation of constitutional and legislative amendments regarding justice sector reform. New Justice conducted a number of roundtables, discussions and forums on case law, court and media cooperation, judicial ethics, e-justice, problem- solving courts, gender mainstreaming in justice sector, and anti-corruption. These events involved 911 representatives from the judiciary, GOU, and civil society working together to address reform issues. • Number of citizens providing inputs in judicial reform implementation and monitoring and court performance evaluation. With grant support, partner CSOs collected inputs from 38,400 court users regarding performance of 613 courts in 23 oblasts of Ukraine and Kyiv City. • Number of judicial personnel trained with USG assistance. New Justice trained 908 judges and judicial personnel on rule of law, case management, procedural justice, leadership, gender mainstreaming, community justice, and anti-corruption. • Number of USG-assisted courts with improved case management systems. In cooperation with the COJ, New Justice developed on-line tools for courts to implement internal surveys of judges and court staff. Through these tools court staff from 177 courts reported the improvement of case management systems in the last twelve months. Samples of improvements include availability of case documents to parties upon request, better compilation of statistical data, and developing internal policies for reducing backlog.

New Justice learning from Year 3 to be addressed in the next program year 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. • The survey of legal professionals participating in court proceedings confirmed that bar reform should become a priority because many processes taking place with the bar are outdated and create impediments for judicial reform. • New Justice will work more intensively with GOU partners on developing efficient tools for citizens, judges, and justice sector personnel to report corruption. Such tools include paper or web-based standardized forms and guidelines to use them, as well as online petitions. • Justice sector reform at the local level is critically important as it is a pre-requisite for public confidence in the judiciary. In the next program year, 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 develop the legislative framework for the High Anti-Corruption Court in Ukraine. New Justice sees its contribution as provider of the platform for the professional discussions and comparative legal materials and research. • The specific responsibilities of the HCJ and the COJ on judicial self-governance remain to be clarified, which may cause tension between the two institutions. New Justice will closely monitor developments in this area and offer support to both institutions in implementing provisions of the current laws. • There is a need to better communicate the legal education reform strategy to key stakeholder groups and the general public to build popular support for it as the Verkhovna Rada is expected to vote on amendments to the Law on Higher Education enabling a comprehensive legal education reform. • There is a need to support the MOE and the MOJ in communicating key elements of the draft Legal Education Reform Concept Paper to main stakeholder groups and the public to build popular support for legal education reform. There is also a need to continue to advocate for Ukrainian law schools to use the Innovative (Model) Law School Curriculum (IMLSC) to modernize legal training, while emphasizing that the IMLSC is a flexible, adjustable tool for addressing the needs of each law school. • There is also a need to continue to advocate for Ukrainian law schools to use the Modern Teaching Toolkit and combine law and modern technology to improve legal education. Further, continued advocacy for the MOE and the MOJ to fully institutionalize MEISEE is also needed to ensure Ukraine’s self-reliance with the MEISEE implementation going forward. • Effective functioning of legal clinics depends mainly on the attitude of the university’s leadership. Even MOE policies will not be able to force universities to open legal clinics and integrate them into their training curriculum. In order to reduce such reluctance, New Justice supports the training sessions and other educational initiatives with involvement of deans and representatives of law faculties with successfully operating legal clinics in Ukraine in order to share their experience and demonstrate the positive outcomes of legal clinics functioning for the university. • The NSJ maintains the intellectual capacity for curricula development and the ability to conduct trainings, but still needs donors’ financial support for such activities. • There is still a need to enhance the importance for courts to issue a press-release with a brief explanation of the reasoning of court decision in high-profile trials as soon as possible after announcing the resolution part of the decision, because often in cases, judges use their right to prepare the full text decision during five days after the trial. However, during this time, they do not provide the court press-officer or a speaker- judge with the necessary information on a case to inform the media about it. • SCt justices are dealing with significant caseloads comprising both current and backlogged cases, the latter reaching the amount of about 70,000 files. In order to reduce case backlogs, as well as to increase an overall SCt productivity and efficient use of administrative and human resources, it is important to equip justices and court staff with both the theory and practices of modern case management practices and procedures through regular training programs. • Consistent and standardized judicial discipline practice is critical to ensuring that judges’ independence is not undermined, whereas the rules of judicial conduct are enforced in a timely and efficient manner. In order to strike a considered balance between judicial independence and accountability, New Justice supports CSOs in regular monitoring the HCJ disciplinary practice and developing expert recommendations for

48 disciplinary authorities on improving procedures of preliminary screening of disciplinary complaints, investigating judicial misconduct and considering disciplinary cases against judges.

VIII. ENVIRONMENTAL MONITORING New Justice received a categorical exclusion which is referenced in the project’s Initial Environmental Examination (IEE) which a part of the 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 the USAID Human Rights in Action Program piloted a Local Human Rights Index monitoring methodology, developed training curricular for judges on IHL, and monitored national court decisions on compliance with Article 6 of the ECtHR under annual Precedent-UA initiative. • New Justice in cooperation with IRF and MOJ supported developing a community advisors institute in Ukraine. • New Justice in cooperation with MOJ and UNICEF contributed to juvenile justice reform. • New Justice in cooperation with The Hague Institute for Innovation of Law foundation (HiiL) supported startup entrepreneurs bringing innovations to justice sector. • New Justice coordinated activities with EU Project “PRAVO-JUSTICE” in supporting the development and implementation of the UJITS. • New Justice cooperated on legal education reform with the OSCE Project Coordinator and the EU Project “PRAVO-JUSTICE” while ensuring continuous coordination of donor efforts. • New Justice also cooperated with the USAID Strengthening Academic Integrity in Ukraine Project on developing integrity infrastructures at Ukrainian universities. • New Justice jointly with the IDLO, EU Project “PRAVO-JUSTICE” and OSCE supports the Association of Private Enforcement Officers of Ukraine in its strengthening and capacity building by supporting trainings for the Disciplinary Ombudsman and members of the APEOU Committee on Ethics, and developed the recommended program of internship of candidates to a PEO position. • 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, and implementation of the MEISEE. New Justice also cooperates with the American Council’s Strengthening Academic Integrity in Ukraine Project on developing integrity infrastructure in Ukrainian law schools. • New Justice also cooperated with the USAID Strengthening Academic Integrity in Ukraine Project and the United Nations Office on Drugs and Crime (UNDC) on developing integrity infrastructures at Ukrainian universities and promoting the culture of lawfulness through UNDC-developed Online Modules on Ethics and Integrity. • New Justice cooperates with the USAID Financial Sector Transformation Project and facilitated cooperation between this project and ALCU on building legal clinics’ capacities to carry out public legal education activities to increase citizen’s financial literacy. • New Justice, in cooperation with EU Project “PRAVO-JUSTICE”, supported the PIC in increasing self-reliance through organising an orientation meeting with a newly elected members of the PIC. • New Justice, in cooperation with EU Project “PRAVO-JUSTICE”, supported the HQC in conducting a lesson learned roundtable to review good practices and lessons learned from the process of selecting judges for the SCt and HACC and identify areas for improving judicial selection and qualifications evaluation processes. • New Justice, jointly with IDLO, the Canadian Embassy, EU, and COE, supported the NSJ in conducting the orientation program for the newly appointed HACC judges. • New Justice jointly with OSCE, Canadian Embassy, EU, and COE Projects supported the NSJ in conducting a five-day Orientation training program for new Supreme Court justices.

• New Justice conducted joint activities with the USAID Support to Anticorruption Champion Institutions (SACCI) Project on developing the draft Concept Paper on Protection of Whistleblowers. • New Justice cooperated with the COE Project “Continued Support to the Criminal Justice Reform in Ukraine” in organizing an International Conference “Disciplinary Liability of Judges and Prosecutors of Ukraine” and two-day Workshop “Disciplinary Proceedings against Judges and Prosecutors in Ukraine”.

X. PROGRESS ON LINKS TO HOST GOVERNMENT • New Justice in cooperation with MOJ and UNICEF supported the Inter-Disciplinary Council on Juvenile Justice to lead juvenile justice reform. • In Year Three New Justice continued to strengthen linkages between the government, judiciary and civil society. New Justice involved 911 representatives of judicial personnel, GOU, and civil society in public discussions on the implementation of constitutional and legislative amendments regarding justice sector reform. Seven New Justice CSO partners implemented 26 joint activities with GOU national and local bodies including the Ministry of Justice, Council of Judges, local and appellate courts, and local self-governance bodies. Examples include but are not limited to the Center for Democracy and Rule of Law’s (CEDEM) program in cooperation with the Council of Judges on increasing courts informational accessibility, and the Ukrainian Academy of Mediation’s MOU with the MOJ Center for Free Legal Aid Provision. • New Justice assisted the MOE and the MOJ in developing, finalizing, and publicly presenting and discussing the draft Legal Education Reform Concept Paper to support the ministries’ implementation of the Government Priority Action Plan for 2019, which, among other activities, provides for the adoption of the Legal Education Reform Concept Paper and Action Plan by September 2019. Ash • New Justice supported a joint initiative of SJA and MOJ to conduct public awareness campaign to promote jury service in Ukraine in the frames of I HAVE A RIGHT! Project.

XI. PROGRESS ON INCLUSIVE DEVELOPMENT • New Justice supported activities aimed at increasing access to courts and court services for PWD, including: conducting trainings for judges and court staff on increasing communication skills, trainings on judicial sign language terminology for court sign language interpreters, and monitoring of access to courts and court services for PWD in 14 courts in the Donetsk and Luhansk regions. • New Justice grantee NGO, Human Rights, in cooperation with the SJA, MOJ and CSOs, conducted an assessment on access to justice for people with mental and intellectual disorders and trained lawyers who provide free legal aid, as well as court staff of the Kyiv region, on how to protect the rights of this vulnerable population. Also, Human Rights together with NSJ trained 121 judges and 133 court staff on the peculiarities of communications with people with intellectual and mental disorders to ensure equal access to justice for representatives of this vulnerable group of population. The grantee also established an expert group of representatives from CSOs that provide services to people with mental disorders and drafted amendments to national legislation and policy regulations, which were presented to relevant stakeholders. • New Justice supported development of a community advisors institute in Ukraine. As a result, New Justice grantee Ukrainian Legal Aid Foundation trained 66 representatives of community advisors’ network on strategic planning and individual action plans design; and competitively selected and supported 10 local initiatives conducted by community advisors in cooperation with local self-government and public authorities aimed at improving access to justice at the local level. • New Justice raised awareness of elderly people on the right to fair trial and on how to access justice services. As a result, New Justice grantee Society and Law NGO conducted seminars for 215 elderly people of Lviv region, designed and distributed brochure “Typical Violations of the Rights of Senior Citizens: Success Stories of Their Protection” which illustrates five key areas of senior citizens rights' violations in accessing justice; and presents success stories on overcoming obstacles in accessing justice through consultation with civil society organizations and free legal aid system. • New Justice supported activities aimed at enhancing greater representation of women in judicial governance bodies and courts through developing and presenting to the Judicial Stakeholders the Gender Sensitivity Index of the Judiciary with indicators to measure progress in integrating the principle of equal rights, responsibilities and opportunities for women and men in the judicial system. In addition, New justice supported the NSJ in developing and piloting a training program for women judges on enhancing leadership, communication, and work and life balance skills to increase women’s visibility, contributions, and status in the judiciary, courts and bar associations. New Justice also delivered a training course for judges titled, “Adjudicating Domestic Violence Cases” that focuses on improving judges’ knowledge of international standards and national law on considering domestic violence cases and raising their awareness of the effect of domestic violence on the individual, child and society.

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 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.

In the end of 2018, Iryna Storozhuk, the New Justice Operations Director transitioned to the USAID Competitive Economy Program (CEP). New Justice competitively recruited candidates for the position of Operations Manager. In the result of selection, a new Operations Manager, Yulia Skabovska, joined the Program team on April 1, 2019. During October-December 2018, the New Justice hired two more staff members, Sviatoslav Tkachuk, Legal Advisor; and Kateryna Butovchenko, Communications Assistant. All three new staff members successfully passed their probation periods and have been engaged on a long0term basis.

In line with established terms, the New Justice Program Emergency action plan was reviewed and updated on May 30, 2019 following recent changes in the Program’s staffing. In the course of the Emergency Action Plan implementation of all New Justice team members attended First Aid Training on January 18, 2019, while two employees participated 2-days Hostile Environment Awareness Training conducted by OSCA on September 11 and 13, 2019.

In order to improve the operational environment in the New Justice premises, new office chairs for all team members were procured in June 2019. The old office chairs that had been utilized by the Program staff for almost ten years were donated to New Justice grantee, the NGO Association of Investigative Judges of Ukraine. The respective Property Transfer Agreement and the Act on Acceptance and Transfer of Property were signed between the Program and Grantee.

During the reporting period, New Justice involved the expertise of 32 Short-Term Technical Assistance (STTA) Expatriates, 18 STTA Pro Bono Expatriates, and 19 STTA Cooperative Country National (CCN) experts. The STTA Expatriates included experts from the U.S. and Third Country National (TCN) experts representing Bulgaria, Georgia, the Netherlands, North Macedonia, Poland, Serbia and Slovenia.

C. Contract Modifications and Amendments Within the reporting period in January 2019, USAID amended the prime contract so as to modify incremental funding and make administrative changes, as follows: • Several standard clauses were updated including Section G- Task Order Administration Data, and Task Order Clauses H.41, H.42, H.43, H.44, H45, H.46, and H.47. • Task Order Clause H.25 (Partner Vetting) was deleted.

Program Registration and Protocols of Cooperation. The New Justice entered into protocols of cooperation with the SCt and the NAHEQA on December 20, 2018 and March 26, 2019, respectively.

These documents outlined areas where joint actions between the implementing partners and the Program that can be taken and where mutual support can be provided.

The New Justice completed one re-registration, related to amendment of the Recipients’ List and including three NGOs grantees. The agreements were registered with the Ministry of Economic Development and Trade of Ukraine (MOEDTU) as follows: No. 3504-12 dated November 29, 2018, reflects four beneficiaries (SJA, HCJ, MOJ and MOE) and nineteen recipients.

In the light of changes in the staff formula introduced to New Justice in the beginning of the year 2019, the MOEDTU certificate of accreditation of USAID Programs carried out in Ukraine had to be updated accordingly. The List of authorized persons in connection with New Justice was amended and the revised version of the certificate was issued by the ministry on April 25, 2019.

Work Planning. The New Justice prepared its Annual Implementation Plan for the period from October 1, 2019 to September 30, 2020. Pursuant to section reporting requirements, New Justice submitted its work plan to USAID and has received comments to be addressed.

Program Monitoring by Beneficiary. Per beneficiaries’ request, the New Justice provided them with detailed reports on program activities with regard to activity for each objective for the second half of the 2018 calendar year and the first half of 2019.

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

E. Coordination and Partnerships In order to leverage resources and the level of effort and costs with other donors, the New Justice regularly fostered direct cooperation and contributions in implementing activities from EU, OSCE, the U.S. Library of Congress Open World Leadership Program, SIDA, the Embassy of Canada in Ukraine, COE, EU-funded Project “Pravo-Justice”, QALA Project executed by CBIE and others.

Several Ukrainian partners of the Program, such as SCt, HCJ, HACC, MOJ and Coordination Center for Legal Aid Providing (CCLAP) provided their inputs and co-funding when conducting joint events with the New Justice. The non-exhaustive list of such activities includes Second All-Ukrainian Forum of Women-Lawyers, “I HAVE A RIGHT” Festival, “Data-driven Justice Challenge” Hackathon conducted in three cities of Ukraine, “Legal awareness 2.0” Forum Aimed to Identify Strategic Priorities in Advancing Legal Awareness being held in five different regional centers of Ukraine and the Legal Innovation Summer School 2019 organized in co-operation with the MOJ.

To ensure ongoing coordination of rule of law donor assistance, including avoiding duplication of effort, the New Justice conducted nine rule of law donors and implementers meetings. These meetings included more than 15 organizations and U.S. government funded rule of law projects, such as those listed above, as well as EUAM Ukraine, UNICEF, SAGSUR, Embassy of the Kingdom of the Netherlands in Ukraine, Embassy of Germany in Ukraine, and Royal Norwegian Embassy in Kyiv, SJRP, Swiss Agency for Development and Cooperation, and UNDP. These meetings over the years have expanded to include the active participation of representatives of our Ukrainian partner institutions, including the SCt, MOJ, HCJ, HQC, SJA and NSJ. They also resulted in numerous

collaborations on specific initiatives, including joint events on judicial selection and discipline, access to justice for persons with disabilities, and civil society engagement in judicial reform.

During the reporting period, the New Justice has continued to introduce innovations in programming that resulted in overall cost savings. E-learning tools for judges, law students and justice sector personnel, such as online courses on judicial ethics, communications, anti-corruption and rule of law lectures broadcasted on-line saved funds significantly. As noted above, live streaming of the New Justice events allowed the Program to reach a larger number of stakeholders at less cost. In addition, the Program has been limiting the printing of materials for events by downloading handout materials on-line so that participants may access it via QR-codes. All publications been produced by the New Justice Program during reporting period as well as those published during previous years are available on the New Justice web-page.

XV. ATTACHMENTS A. List of Deliverables Annex 1: Quarterly Performance Report October to December 2018

Annex 2: Quarterly Performance Report January to March 2019

Annex 3: Quarterly Performance Report April to June 2019

Annex 4: Protocol of Cooperation between Chemonics International Inc. / USAID Nove Pravosuddya Justice Sector Reform Program and the Supreme Court dated December 20, 2018 (bilingual: Eng., Ukr.)

Annex 5: Recommendations developed based on the outcomes of the Conference “Disciplinary Liability of Judges and Prosecutors in Ukraine” and Workshop “Disciplinary Proceedings against Judges and Prosecutors in Ukraine (Ukr.)

Annex 6: Report “Disciplinary Liability of Judges in Ukraine: Case Law of the High Council of Justice in 2017-2018 and Outstanding Issues” (Ukr.)

Annex 7: Brochure “Public Integrity Council: Society’s First Experience in Selection and Evaluation of Judges. 2016-2018” (Eng., Ukr.)

Annex 8: Report on the Adherence of the Rules of Conduct for UNBA Members to the European Standards (Eng.)

Annex 9: Model Legal Education Toolkit for Ukrainian Legal Educators (Eng., Ukr)

Annex 10: Analytical Report: “Arbitration Courts in Ukraine: State of Development, Statistics, Practice and Prospects” (Ukr.)

Annex 11: Curriculum for judges on Adjudicating Domestic Violence Cases (Ukr.)

Annex 12: Judicial Ethical Decision-Making Flowchart (Eng., Ukr.)

Annex 13: Quick Guide on Conflict of Interest (Eng., Ukr.)

Annex 14: Rule of Law Certificate Program Syllabus (Eng., Ukr.)

Annex 15: Results of the Second National Public Survey Regarding Trust in the Judiciary Judicial Reform and Perception of Corruption (Eng., Ukr.)

Annex 16: Results of the Second National Survey of Judges Regarding the Judicial Independence and Accountability in Ukraine and Capacity of Ukrainian Judiciary to Promote the Rule of Law and Combat Corruption (Eng., Ukr.)

Annex 17: Results of the Third Survey of Legal Professionals – Participants of Court Proceedings Who Are Not Judicial Employees (Eng., Ukr.)

Annex 18: Local Human Rights Index. Governance with Respect to Human Rights in Peaceful and Close to the Conflict Zones. (Ukr.)

Annex 19: Local Human Rights Index in Lviv and Rivno Regions Report (Ukr.)

Annex 20: Cartoon “Horse v. Hamster” on raising awareness of children about the role of the court and the idea of justice (Ukr.)

Annex 21: Action Plan in the Framework of Cooperation between the High Council of Justice and New Justice Program in October 2018 – September 2019 (Ukr.)

Annex 22: Findings and Recommendations to the draft Anti-Corruption Program of the High Qualifications Commission of Judges 2019 (Ukr.)

Annex 23: Report upon Results of Expert Analysis of the Anti-Corruption Program of the Supreme Court 2018-2020 (Ukr.)

Annex 24: Comparative Table to the Law of Ukraine “On Amending Several Laws of Ukraine related to Disciplinary Liability of Judges and Prevention of Corruption in Judiciary in Order to Put in Conformity with International and European Standards” (Ukr.)

Annex 25: Overview of Legislation of Ukraine on Protection of Whistleblowers (Ukr.)

Annex 26: Modern Legal Education Toolkit for Ukrainian Legal Educators (Ukr.)

Annex 27: Action Plan for Implementation of the Modern Legal Education Toolkit for Ukrainian Legal Educators (Eng.)

Annex 28: Report and Recommendations on Review of the Regulations of the HQC – Part I (Eng.)

Annex 29: Report and Recommendations on Review of the Regulations of the HQC – Part II (Eng.)

Annex 30: Report and Recommendations on Selection and Testing Future Judges in Ukraine (Eng.)

Annex 31: Report and Recommendations on Review of the Draft Regulation on Procedure and Methodology for Evaluation and Self-Evaluation of a Judge (Ukr.)

Annex 32: Report and Recommendation on the Results of the Monitoring of the Exam to the Supreme Court and High Anti-Corruption Court (Ukr.)

Annex 33: Report on the Results of the Training “Developing Test and Case Study Assignments. National practices and International Standards,” delivered to the HQC and NSJ specialists (Ukr.)

Annex 34: Results of the fourth all-Ukrainian survey of legal professionals working in courts who are not judicial employees regarding independence, accountability and effectiveness of Ukrainian judiciary and its ability to combat corruption (Ukr. Eng.)

Annex 35: Draft Communications Strategy of the Judiciary (Ukr.)

Annex 36: Software Requirement Specification for the Council of Judges’ web-site modernization (Ukr.)

Annex 37: Cartoon “Elephant vs. Giraffe” for kids on raising awareness about role of the court (Ukr.)

Annex 38: Cartoon “Elephant vs. Giraffe” for kids on raising awareness about role of the court (Eng.)

Annex 39: Cartoon “Horse vs. Hamster” for kids on raising awareness about role of the court (Eng.)

Annex 40: Teaching guide for the Cartoon “Elephant vs. Giraffe” for kids on raising awareness about role of the court (Ukr.)

Annex 41: Teaching guide for the Cartoon “Horse vs. Hamster” for kids on raising awareness about role of the court (Ukr.)

Annex 42: Proposed Ukraine Chief Judge and Court Administrator Leadership Comprehensive Curriculum Framework (Eng.)

Annex 43: Diffusing Innovation Across Ukraine. A Summary Report of the June 2018 Court Improvement Projects Generated by Participants in the Chief Judge and Court Administrator Executive Education Seminar (Eng.)

Annex 44: Disciplinary Liability of Judges: High Council of Justice Practice in 2017-2018 and Outstanding Issues (Summary Report) (Eng., Ukr.)

Annex 45: Results of Monitoring the Supreme Court Case Law (Draft Report) (Ukr.)

Annex 46: Results of Monitoring the Supreme Court Case Law (Summary Report) (Eng., Ukr.)

Annex 47: Results of Grant Project Implementation on Analysis of the Supreme Court Case Law (Draft Report) (Ukr.)

Annex 48: Results of Grant Project Implementation on Analysis of the Supreme Court Case Law (Summary Report) (Eng., Ukr.)

Annex 49: Caseflow Management Curriculum Training Model (Draft Report) (Eng., Ukr.)

Annex 50: Recommendations to the High Council of Justice Rules of Procedure, Sample Disciplinary Complaint, Template Decisions in Disciplinary Cases against Judges (Report) (Ukr.)

Annex 51: Results of the second all-Ukrainian survey of court staff regarding independence, accountability and effectiveness of Ukrainian judiciary and its ability to combat corruption (Ukr., Eng.)

Annex 52: Results of the first all-Ukrainian survey of jurors regarding independence, accountability and effectiveness of Ukrainian judiciary, its ability to combat corruption and jury trial institute in Ukraine (Ukr., Eng.)

Annex 53: Protection of the Rights of Elderly People: Success Stories (Ukr.)

Annex 54: Manual for Judges and Court Staff on Communicating with People with Intellectual and Phycological Disorders (Ukr.)

Annex 55: Updated Professional Responsibility Course Syllabus (Ukr.)

Annex 56: Guidelines for UCU and Its Faculty of Law on Developing Rules, Policies and Procedures for Introducing the Honor System to Support the Implementation of the UCU Academic Codes and Draft Outline for a Proposed UCU Honor System (Eng.)

Annex 57: Recommendations on Modernization of Law school Curriculum at the Ukrainian Catholic University School of Law (Eng.)

Annex 58: Recommendations on Modernization of Law school Curriculum at the Yaroslav Mudryi National Law University’s School of International Law (Eng., Ukr.)

Annex 59: Recommendations on Modernization of Law school Curriculum at the Odesa Law Academy’s School of Civil and Economic Justice (Eng., Ukr.)

Annex 60: Recommendations on Modernization of Law school Curriculum at the National University Ostroh Academy’s Institute of Law (Eng., Ukr.)

Annex 61: Recommendations on Modernization of Law school Curriculum at the Vasyl Stus Donetsk National University School of Law (Eng., Ukr.)

Annex 62: Modern Teaching Toolkit for Ukrainian Legal Educators – Implementation Plan (Eng., Ukr.)

Annex 63: New Positions Proposed for the Court Staffing Plan of the New Anti-Corruption Court of Ukraine (Report) (Eng., Ukr.)

Annex 64: Report on the Development of the Bachelor of Law Curriculum at the Ukrainian Catholic University School of Law based on the Innovative (Model) Law School Curriculum (Eng.)

Annex 65: Course Syllabus “Rule of Law Issues” (Ukr.)

Annex 66: Analytical Report on the Development and Implementation of Test Items to Examine Abilities to Think Critically, Logically, and Critically in the Framework of MEISEE 2019 (Ukr.)

Annex 67. Final Report on the Outcomes of the Business Process Analysis for the High Council of Justice (Ukr.)

Annex 68. Report on Usability Assessment of the e-Filing UJITS Module (Ukr.)

Annex 69: Animation “Guide on Enforcement Procedures” on raising public awareness on due process of enforcement of court decisions and the role of new profession of PEO (Ukr.)

Annex 70: Report on Facilities Plan for High Anticorruption Court (Eng.)

Annex 71: New Positions Proposed for the Court Staffing Plan of the New High Anticorruption Court of Ukraine (Eng., Ukr.)

Annex 72: Operations of the New High Anticorruption Court of Ukraine – Court Organization Issues (Eng.)

Annex 73: Report on the Adherence of the Rules of Conduct for UNBA Members to the European Standards (Eng., Ukr.)

Annex 74: Comprehensive Analysis of Current Context, Barriers and Opportunities for Developing Mediation in Ukraine and Recommendation on How to Promote Mediation in Ukraine. (prepared by New Justice ADR expert Mr.Ales Zalar) (Eng., Ukr.)

Annex 75: Comprehensive Analysis of Current Context, Barriers and Opportunities for Developing Mediation in Ukraine and Recommendation on How to Promote Mediation in Ukraine. (prepared by New Justice ADR experts Ms Tetiana Tsuvina and Alina Sergeeva (Ukr.)

Annex 76: Report on the 14th International Association for Court Administration Conference (Eng.)

Annex 77: Report on Conference of Court Public Information Officers (Eng.)

Annex 78: Book “Justice seekers” for children on legal topic (Ukr.)

Annex 79: Methodological recommendations on using on-line broadcasts of court proceedings in teaching law (Ukr.)

Annex 80: Compilation “Teaching Through Practice: Experience of Using On-line Court Broadcasts in Teaching Law” (Ukr.)

Annex 81: Brochure on Abilities Testing (Unabridged version) (Ukr.)

Annex 82: Brochure on Abilities Testing (Abridged version) (Ukr.)

B. Public Outreach Documents Annex 1: Brochure on USAID Efforts to Support Legal Education Reform in Ukraine (Eng., Ukr.)

Annex 2: Puzzle “Who and Where Is in a Court Room” (Ukr.)

Annex 3: Poster “Who and Where Is in a Court Room” (Ukr.)

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 FY2019 against baseline and annual 2019 targets. FY2020 targets provided for reference and illustration of expected trends. Table also contains necessary notes and explanations for each indicator.

Per Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Cent of Target Annual Annual Annual Notes and Explanations ID Statement Level M - Y Value 2019 2019 2020 2017 2018 2019 Target 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 compliance with Outcome 17-Oct 0.54 0.54 0.56 0.7 0.5735 82% 0.8 Current figure is FY2019 1 the Venice data assessed by Commission Rule Stakeholder Advisory of Law Checklist Group (SAG) in July 2019. Objective Judicial Independence and Self-Governance strengthened 1

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

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

Per Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Cent of Target Annual Annual Annual Notes and Explanations ID Statement Level M - Y Value 2019 2019 2020 2017 2018 2019 Target Current data represents the latest annual survey of SAG Indexed score for members. Score 5.9 out of European Network possible 10 means yellow of Councils for (neutral) conditions for Judiciary (ENCJ) Indicator judicial independence in basket of Outcome 17-Apr 5.8 5.8 5.9 6.5 5.9 91% 8 Ukraine. This is an integral 2 indicators for score that combines objective and indicators for legal base of subjective judicial judicial independence, 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, 629 911 and civil society Annual 2019 data includes representatives public discussions, forums involved in public and roundtables on case Indicator discussions on the law, court and media Output 16-Sep 0 287 500 182% 400 cooperation, judicial ethics, 3 implementation of (57% (61% women, women, e-justice, problem-solving constitutional and courts and gender 43% 39% legislative mainstreaming in justice amendments men men) sector. 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

Per Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Cent of Target Annual Annual Annual Notes and Explanations ID Statement Level M - Y Value 2019 2019 2020 2017 2018 2019 Target Number of laws, regulations and Law on Amending Certain Indicator procedures Laws Regarding the Output 16-Sep 21 2 5 1 20% 19 4 enhancing judicial 8 Activity of Judicial independence Governance Bodies adopted S-O 1.2 Judicial Self-Governance Strengthened Current data represents the Indexed Score of latest survey of SAG ENCJ indicator on Indicator members. Score 6.6 out of Organizational Outcome 17-Apr 7.7 6.4 6.6 88% 8 possible 10 means green 5 7.5 6.6 Autonomy of the (positive) conditions of Judiciary organizational autonomy of judiciary in Ukraine. Authorities of Judicial self-governance bodies (e.g., the High Council of Justice, among others) clearly defined and understood by judicial ER 1.2.1 leadership, judges, and judicial personnel This indicator is measured annually through national surveys. The current data represents the most recent national survey of judges Percent of judges completed in November and judicial 2018. 46% of survey Indicator personnel who respondents agreed to the Outcome 17-Jul 38% 38% 38% 50% 46% 92% TBD 6 consider judicial statement "I believe the self-governance in High 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

Per Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Cent of Target Annual Annual Annual Notes and Explanations ID Statement Level M - Y Value 2019 2019 2020 2017 2018 2019 Target Current data represents the Indexed Score of Indicator latest survey of SAG ENCJ indicator on 5 members. Score 6.6 out of Organizational Outcome 17-Apr 7.7 6.4 6.6 6.6 88% 8 possible 10 means green measures 7.5 Autonomy of the (positive) conditions of this ER Judiciary organizational autonomy of judiciary in Ukraine. ER 1.2.3 Representation and leadership of women judges in judicial governance bodies and courts enhanced Current figure represents Percent of female second SJA assessement of chief judges in gender balance of Indicator courts and female Ukrainian courts conducted Outcome 17-Mar TBD N/A 36% 30% 36% 120% 30% 7 chairpersons in in January 2019. Current judicial number of female chief governance bodies judges is 210 out 585 which is 35.9%. ER 1.2.4 Participation and inclusion of judges, judicial personnel, advocates, and citizens in judicial governance strengthened

Indicator Current data represents the Indexed Score of 5 latest survey of SAG ENCJ indicator on mentioned members. Score 6.6 out of Organizational Outcome 17-Apr 7.7 6.4 6.6 6.6 88% 8 possible 10 means green above 7.5 Autonomy of the (positive) conditions of measures Judiciary organizational autonomy of this ER 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 No changes since baseline. Indicator performance HQC operates with 10 Output 16-Sep 10 10 10 10 10 100% 30 8 indicators adopted judicial performance and implemented indicators adopted in 2015. Rules regarding corruption, judicial ethics and illegal conduct, as well as related disciplinary sanctions and enforcement procedures, ER 1.2.6 strengthened

Per Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Cent of Target Annual Annual Annual Notes and Explanations ID Statement Level M - Y Value 2019 2019 2020 2017 2018 2019 Target 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

Number of newly No changes in this developed or reporting period. improved tools for New Justice continues to reporting work with international corruption, and Ukrainian short-term Indicator unethical or illegal Output 16-Sep 0 0 0 4 0 0% 7 experts to develop 9 conducts such as recommendations to the standardized GOU regarding the effective forms, web-based mechanisms for incentives and protection for petitions, hotlines individuals who report etc corruption. S-O 1.3 Judiciary exercises independence effectively Current data represents the latest survey of SAG Indexed score for members. Score 3.5 out of European Network possible 10 means orange of Councils for (negative) rate of Indicator subjective judicial Judiciary (ENCJ) Outcome 17-Apr 4.6 3.6 3.5 6 3.5 58% 7 10 independence. This indicators for indicator assesses public subjective judicial trust in the judiciary and independence 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

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

This reporting period data refers to HCJ only. Percent of HCJ and HQC continues posting its Indicator HQC decisions decisions on its website Output 16-Sep 62% 86% 100% 90% 100% 111% 100% 12 published on their selectively and in various sections of the website that websites it’s not possible to count the number and percentage of posted decisions. 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

Per Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Cent of Target Annual Annual Annual Notes and Explanations ID Statement Level M - Y Value 2019 2019 2020 2017 2018 2019 Target Current data combines results of the second annual survey of judges, court staff and the fourth bi-annual survey of legal professionals (attorneys and prosecutors) participating in court proceedings. 57% of survey of judges agreed to the statement "A judge who has obtained information Percent of judges, about the corruption judicial personnel actions committed by and advocates who his/her coworkers must acknowledge their report immediately to the Indicator responsibility for National Anti-Corruption Outcome 17-Jul 45% 30.50% 32.10% 50% 63% 126% TBD Bureau (NABU); 66% of 13 reporting legal professionals who are corruption, not judicial employees unethical or illegal agreed to the statement conduct by their "Prosecutor who has peers information about corrupt actions of colleagues must inform about this NABU"; 67% of court staff agreed to the statement "The court administration employee having information about corruption actions of judges or his/her colleagues should urgently notify the National Anti- corruption Bureau (NABU) thereof."

Per Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Cent of Target Annual Annual Annual Notes and Explanations ID Statement Level M - Y Value 2019 2019 2020 2017 2018 2019 Target ER 1.3.6 Reporting of corruption, unethical or illegal conduct by judges, judicial personnel, advocates and citizens increased

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

This indicator measured annually. The current data Percent of survey derives of October 2018 respondents who New Justice national public report known or survey where 20.4% of Indicator personally survey respondents Context 17-Sep 25.30% 25.30% 20.40% 25% 20.40% 81.60% N/A admitted that they will 14 experienced cases report corruption cases to of corruption, anti-corruption authorities, unethical, or illegal law enforcement or judicial conduct authorities. This is significantly lower than in 2017. 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 16-Sep 4 4 4 7 4 57.14% 7 No changes since baseline. 15 implemented by judiciary and bar SO 1.4 Improper and unlawful external influence on Judiciary reduced Indexed score for Score 4.4 means orange procedures in case (negative) status of of threat to Indicator procedures in case of independence. Outcome 17-Apr 4.4 4.4 4.4 80.00% 7 threat to judicial 16 5.5 4.4 Part of ENCJ independence, e.g. basket for judicial procedures are poor and independence poorly implemented. ER 1.4.1 Judicial decisions are based solely on the facts and law, and reversed only through the appellate process

Per Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Cent of Target Annual Annual Annual Notes and Explanations ID Statement Level M - Y Value 2019 2019 2020 2017 2018 2019 Target Current data refers to latest EBA Court Index Report Score for quality of published in April 2019. judgment in Annual result hasn't change Indicator which tells that according European Business Context 16-Mar 2.81 2.92 2.81 N/A 2.81 N/A N/A 17 to business community Association Court perception the quality of Index judgement in Ukraine still stays in negative part of scale.

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 Indexed score for Score 4.4 means orange procedures in case Indicator (negative) status of of threat to 16 procedures in case of independence. Outcome 17-Apr 4.4 4.4 4.4 80.00% 7 threat to judicial measures 5.5 4.4 Part of ENCJ independence, e.g. these ERs basket for judicial procedures are poor and independence poorly implemented. ER 1.4.4 Judges are empowered to report improper or illegal interference in their judicial decision making and conduct

Per Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Cent of Target Annual Annual Annual Notes and Explanations ID Statement Level M - Y Value 2019 2019 2020 2017 2018 2019 Target Current data refers to the national survey of Judges Percent of judges completed in October 2018. survey According to this survey respondents who 418 respondent out of 736 acknowledge their (total sampling) Indicator experienced improper or readiness to report Outcome 17-Jul 13.06% 13.06% 5.60% 10% 5.60% 56.00% TBD 18 illegal interference in their improper or illegal judicial decision making, interference in but only 27 of them (5.6%) their judicial reported these cases to decision making judicial authorities (HCJ, COJ, Court Presidents) or law enforcement agencies. Objective

2 Current data refers to 2018 Index score ENCJ survey of SAG members indicators for resulted in the following Indicator data for judicial accountability of Outcome 17-Apr 6.8 6.03 7.5 6.6 88.00% 8 19 6.6 accountability in Ukraine: the judiciary and Overall rating for judges accountability is green (positive). S-O 2.1 Transparency by the Judiciary Increased Percent of Ukrainian courts Kyiv Administrative Court and judicial Indicator of Appeals is the only one institutions that Output 17-Feb 0% 0% 0.20% N/A 0.20% N/A TBD court of Ukraine that 20 develop and developed and published publish annual annual report for 2017. reports.

Per Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Cent of Target Annual Annual Annual Notes and Explanations ID Statement Level M - Y Value 2019 2019 2020 2017 2018 2019 Target 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 Current data represents October 2018 public survey Percent of citizens results where 16% of Indicator reporting that respondents agreed with Context 17-Sep 13.40% 13.40% 16% 20% 16% 80% 25% the statement that 21 judiciary is open “Ukrainian Judiciary is and 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, Indicator strategies COJ and SJA in preparing Output 16-Sep 24 25 25 40 N/A 0 50 22 implemented by unified 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

Per Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Cent of Target Annual Annual Annual Notes and Explanations ID Statement Level M - Y Value 2019 2019 2020 2017 2018 2019 Target There are 5,461 financial and assets declarations from judges for calendar year 2018 posted in Unified Registry of Public Officials Declarations. However, this Percent of number exceeds the actual financial and number of judges in assets declarations Ukraine which according to by judges and SJA is 5,253. The higher Indicator numerator is the result of judicial personnel Outcome 18-Mar TBD N/A N/A 100% 100% 23 N/A N/A some judges submitting posted in Unified more than one declaration Registry of Public for reporting period Officials because making mistakes Declarations in previous submission. Having said that the conclusion is that GOU at the moment does not have capacity to provide data necessary to calculate this indicator.

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

ER 2.2.1 Lustration process concludes without violations of due process or human rights of lustrated judges and judicial personnel Number of 137 Annual 2019 data counts government 27 (48% (53% trainings for High Anti- Indicator officials receiving Women, Corruption Court judges Output 16-Sep 0 92 300 Women, 46% 500 24 USG-supported 52% and staff and anti- 47% anti-corruption Men) corruption training for Men) training legal education officials. ER 2.2.2 Judiciary coordinates with the NAPC to develop and implement corruption-prevention measures within the Judiciary

Per Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Cent of Target Annual Annual Annual Notes and Explanations ID Statement Level M - Y Value 2019 2019 2020 2017 2018 2019 Target 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 FY2019 data counts two Indicator cooperation in meetings on developing Output 16-Sep 0 0 0 6 2 33% 11 concept paper for 25 corruption whisltleblower protection investigations legal framework. involving judiciary and executive branch ER 2.2.4 Judiciary coordinates with parliamentary oversight committees, with due respect for judicial independence and freedom from interference Number of meetings between judicial representatives Indicator and parliament No changes in this Output 16-Sep 0 0 0 6 0 0 11 reporting period. Activity 26 representatives to delay. facilitate judicial independence and freedom from interference S-O 2.3 Social Accountability - Judiciary Held Accountable by Citizens, Civil Society and Independent Media In this reporting period Percent of New Justice partner CSOs Ukrainian courts Indicator completed user satisfaction that implement Output 16-Sep 42% N/A N/A 77% 81% 105% 75% surveys in all courts of 23 27 user satisfaction oblasts and city of Kyiv. It's surveys 613 (81%) of all courts in Ukraine.

Per Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Cent of Target Annual Annual Annual Notes and Explanations ID Statement Level M - Y Value 2019 2019 2020 2017 2018 2019 Target Percent of partner CSOs performance User satisfaction surveys Indicator improvement have been completed in the Outcome 16-Sep 57% N/A N/A 65% 57% N/A 75% end of FY2019. Data on this 28 recommendations indicator expected in implemented by Quarter 1 of FY2020. 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 In this reporting period providing inputs in New Justice partner CSOs 11,056 38,429 judicial reform completed user satisfaction (Men (50% surveys in all courts of 23 Indicator implementation Output 16-Sep 21,151 7,180 47%, 10,500 Women, 366% 50,000 oblasts and city of Kyiv. 29 and monitoring Women 50% 38,429 court users and court 53%) Men) answered CRC questions performance and shared their feedback evaluation on court performance. ER 2.3.2 Court operations improved through direct citizen feedback (e.g., CRCs)

CRC integral score Indicator User satisfaction surveys for participating Outcome 16-Sep 0.84 N/A N/A 0.85 0.866 102% 0.85 in 613 Ukrainian courts 30 courts completed.

Formal linkages between civil society and judicial, governmental and parliamentary institutions established (through, e.g., MOUS or joint ER 2.3.3 strategies and action plans) Number of In this reporting period formalized New Justice CSO partners linkages between concluded in total 20 MOUs Indicator civil society and with courts and Output 16-Sep 0 16 40 20 26 130% 50 31 judicial, governmental institutions. governmental and Joint programs include parliamentary access to justice and court institutions performance evaluation.

ER 2.3.4 Percent of survey respondents who indicate that are Current data represent the Indicator latest national public fully aware and Context 16-Sep 7% 9% 16% 18% 16% 89% 21% 32 survey results conducted in mostly aware October 2018 about the judicial reform ER 2.3.5 Citizen reports to anti-corruption organizations and agencies increased Current data represents 2018 national public survey results conducted in September 2018. 69% is percent of respondents Percent of survey agreed to the statement “I respondents who believe that any use of Indicator indicate their power by high officials or Context 16-Sep 50% 55% 69% 70% 33 extremely negative 70% 69% 99% politicians to obtain attitude towards unlawful benefits is corruption completely unacceptable, despite the amount of such benefits; and this phenomenon should be counteracted by all possible means” ER 2.3.6 Judicial-reform oriented CSOs organizational capacity score increased

Per Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Cent of Target Annual Annual Annual Notes and Explanations ID Statement Level M - Y Value 2019 2019 2020 2017 2018 2019 Target USAID CSO Sustainability 5.12 5.12 5.12 4 3.5 Indicator Index for project We expect to process the Outcome 17-Sep N/A N/A annual 2019 data in 34 partner judicial (max (max Quarter 1 of FY2020. (max 1, (max 1, (max 1, reform oriented 1, min 1, min min 7) min 7) min 7) CSO 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 Outcome 17-Mar TBD N/A N/A TBD N/A N/A TBD Activity delay. 35 Index for Bar Associations Quality and volume of investigative journalism and other media reporting on corruption, judicial misconduct, judicial reforms, high-profile court ER 2.3.8 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 related to this indicator Output 16-Sep 0 N/A N/A 25% N/A N/A 30% 36 activities reporting took place during this on corruption, reporting period. judicial misconduct, judicial reforms, high-profile court cases, and other rule of law issues

Per Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Cent of Target Annual Annual Annual Notes and Explanations ID Statement Level M - Y Value 2019 2019 2020 2017 2018 2019 Target Quality and volume of investigative journalism and other media reporting on corruption, judicial misconduct, judicial reforms, high-profile court ER 2.3.9 cases, and other rule of law issues increased Number of CSOs 2019 data counts 11 CSOs analyzing financial Indicator who delegated their assets declarations Output 16-Sep 1 9 3 11 367% 3 representatives to new 37 1 by judges and composition of Public court staff Integrity Council Objective Administration of Justice Enhanced 3 Ratio of Ukrainian justice system compliance with Baseline assessment took the Commission place in 2019 with 101 Indicator for Efficiency of local and 12 appellate Outcome 18-Sep 0.6 N/A 0.6 38 Justice (CEPEJ) 0.65 0.6 N/A 0.7 courts. Ratio is 0.6 out of 1, Check-list for for local courts is 0.59 and Promoting the for appellate courts 0.62. Quality of Justice and the Courts 613 courts implement Court Performance Number of USG- Evaluation (CPE) assisted courts framework in this Indicator with improved reporting period, 177 of Output 16-Sep 383 81 136 150 177 118% 500 39 case management them reported case systems (FAF management DR.1.5-1) improvements derived from CPE recommendations. 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

Per Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Cent of Target Annual Annual Annual Notes and Explanations ID Statement Level M - Y Value 2019 2019 2020 2017 2018 2019 Target ER 3.1.2 Strategies, policies, and procedures for managing court operations, and providing quality services to the public implemented International Framework for Judicial Support Indicator Excellence (IFJSE) Activity delay. Baseline Outcome 18-Mar TBD N/A N/A TBD N/A N/A TBD 40 score for justice data collection postponed. sector supporting institutions (MOJ, HQC, HCJ etc.) 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 16-Sep 3 TBD 613 N/A TBD 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 Clearance rate of Ukrainian courts Current data refers to 2018 Indicator (key CEPEJ SJA judicial statistics. Context 16-Mar 99% 88.50% 93% 95% 91% 96% 99% Indicator is 88% for local 42 indicator for the courts and 100% for efficiency of appellate courts. justice) 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

Per Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Cent of Target Annual Annual Annual Notes and Explanations ID Statement Level M - Y Value 2019 2019 2020 2017 2018 2019 Target Current data is based on 2018 SJA annual statistics on cases Efficiency use of processed by Ukrainian resources in courts and budget Ukrainian courts funding used to process Indicator calculated by these cases. Indicator is Context 16-Mar 80% 91% 64% N/A 78% N/A N/A 43 CEPEJ- calculated using recommended statistics regression. method of simple Current situation is linear regression significantly better than a year ago when efficiency in use of resources was 64%. S-O 3.2 Professional Competencies and Expertise of Judges and Judicial Personnel Improved

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

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

In FY2019 New Justice Number of judicial 522 964 908 trained judges and judicial personnel trained personnel on rule of law, Indicator with USG caseflow management, Output 16-Sep 5,067 (64% (58% 500 (58% 182% 500 44 assistance (FAF procedural justice, women, women, women, leadership, gender Standard DR.1.3- 36% 42% 42% 1). mainstreaming, community men) men) men) justice and anti-corruption. ER 3.2.3 Judicial personnel demonstrate competencies in key areas of management and operational support

Per Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Cent of Target Annual Annual Annual Notes and Explanations ID Statement Level M - Y Value 2019 2019 2020 2017 2018 2019 Target FY2019 data counts Court Number of court Indicator Administrator Leadership administrators Output 16-Sep 120 N/A N/A TDB 28 N/A TBD Program, certificates 45 certified issued by New Justice, SJA and NSJ. . 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 judicial Current data refers 2018 personnel annual national survey of judges. survey Indicator 95% of survey respondents respondents who Outcome 16-Sep 89% 94.40% 94.40% 91% 95% 104% 95% agreed to the statement 46 admit their "Judges in your Court are positive attitude to highly skilled themselves and professionals" their peers 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 Indicator No changes in this NSJ without donor Output 16-Sep 5 7 8 7 88% 10 47 7 reporting 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 16-Sep 7 7 10 10 100% 20 period: added three 48 7 services supported Community Justice Centers. by Program

Per Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Cent of Target Annual Annual Annual Notes and Explanations ID Statement Level M - Y Value 2019 2019 2020 2017 2018 2019 Target ER 3.3.1 Comprehensive analyses of current context, barriers and opportunities for developing mediation and other ADR processes in Ukraine completed

ER 3.3.2 Normative (legislative, regulatory) framework for mediation and other ADR processes strengthened consistent with international best practices. Number of laws, regulations and procedures for Indicator No changes in this ADR processes Output 16-Sep 0 0 0 3 0 0 5 49 reporting period. developed 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. Organizational Current data calculated capacity score for based on the result of association of organizational capacity Indicator expert assessment of the mediators using Outcome 17-Sep 5.8 5.8 5.8 4.5 5.8 N/A 4 50 Ukrainian National the CSO Association of Mediators Sustainability conducted in 2018. Next Index 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

Per Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Cent of Target Annual Annual Annual Notes and Explanations ID Statement Level M - Y Value 2019 2019 2020 2017 2018 2019 Target Number of project No changes in this supported newly reporting period. New adopted and Justice conducted survey of Indicator improved laws, private enforcement agents Output 16-Sep 0 0 5 TBD 0 N/A TBD and now processing survey 51 regulations and results to 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 Number of private enforcement Current data is cumulative Indicator as of today, based on agents trained and Output 16-Sep 0 94 154 TBD 192 N/A TBD 52 information received by certified with New Justice from MOJ USAID support 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 Percent of Current data represents judgments statistics from private Indicator enforcement agents for enforced within Context 18-Dec 14% N/A 12.80% TBD 12.80% N/A TBD 53 2017-2018. Updates are timeframe expected in the end of stipulated by law calendar year 2019. Objective Quality of Legal Education Strengthened 4

Per Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Cent of Target Annual Annual Annual Notes and Explanations ID Statement Level M - Y Value 2019 2019 2020 2017 2018 2019 Target New Justice provides assistance to Donetsk National University Law School, Karazin Law School, Number of host Kyiv-Mohyla Law School, country tertiary Odesa Law Academy, Kyiv education Taras Shevchenko institutions Indicator University Law School, receiving capacity Output 16-Sep 10 9 11 15 11 73% 20 Uzhorod National 54 development University Law School, Yuri support with USG Fedkovych Univercity Law assistance (FAF School, Zaporizhia National ES.2-1) University Law, Ukrainian Catholic University Law School, Ostroh Academy Law School and Bar Academy. 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 No changes in this reporting period. Annual data counts the following: Number of policies • National and/or procedures Standards for Bachelor’s developed with Degree in Law; USAID support Indicator • Rules for regarding national Output 16-Sep 0 2 0 4 2 50% TBD 55 Admission to Higher standards for legal Education Institutions that education and provided the legal basis for implemented by conducting a mandatory, law school external, independent, standardized entrance exam (MEISEE) for master’s programs in Law

Per Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Cent of Target Annual Annual Annual Notes and Explanations ID Statement Level M - Y Value 2019 2019 2020 2017 2018 2019 Target Law school administrators, faculty leadership, and instructors aware of and understand national strategy and standards for legal education and ER 4.1.2 accreditation Number of 76 345 154 tertiary-level This reporting period educators and counts interactive faculty who Indicator workshops for developing complete Output 16-Sep 149 (women (women 110 (women 140% 300 students' legal skills, 56 professional 58%, 48%, 62%, trainings on procedural development men men men justice and women activities with USG 42%) 52%) 38%) leadership workshop. assistance. ER 4.1.3 Law schools revise policies, procedures, and legal education practices in compliance with national standards for legal education and accreditation

New Justice provides assistance to Donetsk National University Law School, Karazin Law School, Kyiv-Mohyla Law School, Number of host Odesa Law Academy, Kyiv country tertiary Taras Shevchenko education Indicator University Law School, institutions 54 Uzhorod National receiving capacity Output 16-Sep 10 9 11 15 11 73% 20 University Law School, Yuri measures development Fedkovych Univercity Law this ER support with USG School, Zaporizhia National assistance (FAF University Law, Ukrainian ES.2-1) Catholic University Law School, Ostroh Academy Law School (new, started this quarter) and Academy of Advocacy (new, started this quarter). ER 4.1.4 A minimal standard and gold standard accreditation is adopted to increase competition among the law schools

Per Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Cent of Target Annual Annual Annual Notes and Explanations ID Statement Level M - Y Value 2019 2019 2020 2017 2018 2019 Target No changes in this reporting period. Annual data counts: Number of policies •National and/or procedures Standards for Bachelor’s developed with Indicator Degree in Law; USAID support 55 • Rules for regarding national Output 16-Sep 0 1 0 4 2 0.5 TBD measures Admission to Higher standards for legal Education Institutions that this ER education and provided the legal basis for implemented by conducting a mandatory, law school external, independent, standardized entrance exam (MEISEE) for master’s programs in Law S-O 4.2 Quality Assurance Frameworks for Law Schools Developed Policies and procedures for quality assurance frameworks based on international standards and comparative best practices adopted by 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 at following law schools: assurance units in 1) Odesa Indicator law schools Output 16-Sep 0 N/A 10 3 30% 20 Law Academy 57 established and 2 2) Yuri functioning with Fedkovych Law School USAID support (Chernivtsi) 3) National Law Academy S-O 4.3 Practice Oriented and Skills Based Instruction, Curriculum, and Activities Integrated

Per Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Cent of Target Annual Annual Annual Notes and Explanations ID Statement Level M - Y Value 2019 2019 2020 2017 2018 2019 Target 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 Number of law schools implementing methodology of This reporting period data Indicator counts Odesa Law class room Output 16-Sep 2 2 2 4 2 50% 7 58 Academy and Yaroslav effectiveness Mudryi Law University. rating using USAID-developed methodology ER 4.3.4 Judicial clerkship program created in coordination with judicial self-governance bodies and courts Number of law schools Indicator No changes in this implementing Output 16-Sep 0 0 0 2 0 0 3 59 reporting period judicial clerkship program ER 4.3.5 Independent, external examinations for law school admissions and graduation implemented.

ER 4.3.6 Memorandum of Understanding concluded with key legal education partners to sustain USAID investments after the end of the Program. Number of legal education partners Indicator concluded No changes in this Output 16-Sep 3 5 7 8 114% 7 60 memorandum of 7 reporting period. understanding with USAID. Objective Access to Justice Expanded and Human Rights Protected 5

Per Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Cent of Target Annual Annual Annual Notes and Explanations ID Statement Level M - Y Value 2019 2019 2020 2017 2018 2019 Target S-O 5.1 Justice Accessible to Citizens, including the Most Vulnerable Number of professionals 476 trained to increase justice No changes in this Indicator reporting period. New accessibilities Output 16-Sep 589 0 (Women 100 90 90% 400 61 60%, Justice is collecting data (sign language from CSOs. interpreters, Man judges, judicial 40%) personnel) 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 accessibility of Indicator CRC survey completed, court facility and Outcome 16-Sep 0.84 N/A N/A 0.86 0.86 100% 0.88 data represent combined 62 access to score for 613 courts. information ER 5.1.3 E-justice systems accessible to citizens to ease case filing, tracking, document submission; payment and other court procedures and transactions. CRC Score for Indicator courts CRC survey completed, Outcome 16-Sep 0.76 N/A N/A 0.86 0.86 100% 0.88 data represent combined 63 implementing e- score for 613 courts. justice ER 5.1.4 Citizens access to court-annexed mediation/ADR processes developed under 3.3 increased

Per Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Cent of Target Annual Annual Annual Notes and Explanations ID Statement Level M - Y Value 2019 2019 2020 2017 2018 2019 Target Data refers to 2019 CRC surveys in 613 courts. Percent of CRC 22.7% of respondents survey answers "Aware in full" or Indicator respondents that "Mostly aware" to CRC Context 17-Mar TBD N/A N/A 40% N/A 22.70% TBD 64 indicate their question "To which degree awareness about you are aware about the ADR opportunities alternative disputes resolution opportunities in Ukraine?" Awareness of the rights of Persons with Disabilities, SGBV survivors, IDPs, veterans and other vulnerable groups is increased among judges, ER 5.1.5 judicial personnel and advocates ER 5.1.6 SGBV survivors, children and other vulnerable victims or witnesses afforded greater protections Percent of judges, This quarter data counts judicial personnel January 2019 survey of and advocates legal professionals working annual survey in courts but who are not respondents who judicial employees Indicator (advocates only) and acknowledge Outcome 18-Sep 41% N/A 41% 50% 55% 110% TBD 65 November 2018 survey applying their judges. Disaggregation: knowledge of the judges - 66% (of those who rights of experienced such cases), vulnerable groups attorneys and prosecutors - in their job 44%. ER 5.1.7 Citizens, including vulnerable groups, actively participate in access to justice reforms Number of 1,006 282 vulnerable group (Women (Women Workshops and Indicator representatives roundtables on access to Output 16-Sep 50 0 66%, 150 82%, 188% 150 66 participating in justice for vulnerable Men Men project-supported groups 34%) 18%) public events on

S-O 5.2 Human Rights Protected, especially the rights of the most vulnerable Number of human Indicator rights defenders No changes in this Output 16-Sep 0 0 0 100 0 0 150 67 trained and reporting period. supported Awareness of human rights and humanitarian law, how to exercise those rights, and the role of the courts in protecting human rights 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 data counts Per cent of judges, January 2019 survey of judicial personnel legal professionals and advocates who working in courts but acknowledge their who are not judicial Indicator full or mostly full Outcome 18-Sep 45% N/A 45% 50% 51% 102% TBD employees (advocates 68 awareness about only) and November the rights of 2018 survey of judges. vulnerable groups Disaggregation: judges - and humanitarian 55%, attorneys and law prosecutors - 43%. Human rights coalitions monitor and successfully advocate the GOU, Judiciary, and Legal Aid Centers for increased protection of human rights by ER 5.2.4 the courts

Per Actual Actual Actual Log Frame Log Frame Indicator Baseline Baseline Target Cent of Target Annual Annual Annual Notes and Explanations ID Statement Level M - Y Value 2019 2019 2020 2017 2018 2019 Target Number of policy paper proposals, reports, and assessments Indicator No changes in this prepared by Output 16-Sep 0 0 0 3 0 0% 9 69 reporting period. human right coalition and submitted to GOU for consideration ER 5.2.5 Percent of judges who report their awareness of the Amicus Curie Institute Percent of judges who report their Indicator Data collection postponed awareness of the Outcome 18-Jan TBD N/A N/A TBD N/A N/A TBD until New Justice related 70 Amicus Curie activity takes place. Institute

D. Grants and Subcontracts Table Contract: AID- OAA-I- MORE 13- Nove Subcontract to Conduct Professional PARTICIPATORY, 00032, Pravosuddy Development Training Program for TRANSPARENT Order a Justice the Staff of the Directorate for Human https://w AND D AID-121- Sector Ernst and June March 24, Rights, Access to Justice and Legal ww.ey.co ACCOUNTABLE R TO-16- Chemo Reform Young 22, 31, 540 Awareness of the Ministry of Justice m/ua/uk/ GOVERNANCE G 00025 nics Program LLC 2018 2019 .01 of Ukraine. home PROCESSES Contract: AID- OAA-I- MORE 13- Nove PARTICIPATORY, 00032, Pravosuddy TRANSPARENT Order a Justice Subcontract to Conduct Professional https://w AND D AID-121- Sector Ernst and August Januar 37, Development Training Program for ww.ey.co ACCOUNTABLE R TO-16- Chemo Reform Young 27, y 31, 707 the Staff of the High Council of Justice m/ua/uk/ GOVERNANCE G 00025 nics Program LLC 2018 2019 .54 of Ukraine. home PROCESSES Contract: AID- OAA-I- MORE 13- Nove PARTICIPATORY, 00032, Pravosuddy TRANSPARENT Order a Justice 214 https://h AND D AID-121- Sector KPMG Octobe April ,08 Subcontract to conduct analysis of ome.kpmg ACCOUNTABLE R TO-16- Chemo Reform Ukraine r 1, 30, 0.3 HCJ business processes and develop /ua/uk/h GOVERNANCE G 00025 nics Program LLC 2018 2019 3 recommendations to improve them. ome.html PROCESSES Contract: MORE AID- Nove FOREIGN PARTICIPATORY, D OAA-I- Pravosuddy ENTERPR August May 55, Subcontract to Conduct Surveys of https://w TRANSPARENT R 13- Chemo a Justice ISE GFK 10, 31, 524 Ukrainian Citizens, Judges, Jurors and ww.gfk.co AND G 00032, nics Sector UKRAINE 2018 2019 .85 Employees of the Judiciary. m/uk-ua/ ACCOUNTABLE

Order Reform GOVERNANCE AID-121- Program PROCESSES TO-16- 00025

Contract: AID- OAA-I- MORE 13- Nove PARTICIPATORY, 00032, Pravosuddy TAYLOR Subcontract to conduct all-Ukrainian TRANSPARENT Order a Justice NELSON survey of a representative sample of AND D AID-121- Sector SOFREZ August April 24, the legal community representatives ACCOUNTABLE R TO-16- Chemo Reform UKRAINE 10, 30, 446 who participate in court hearings but https://tn GOVERNANCE G 00025 nics Program LLC 2018 2019 .52 are not judges or court staff members s-ua.com PROCESSES Contract: AID- OAA-I- MORE 13- Nove PARTICIPATORY, 00032, Pravosuddy TRANSPARENT Order a Justice Idea AND D AID-121- Sector Media August Januar 11, ACCOUNTABLE R TO-16- Chemo Reform Group 28, y 31, 968 Subcontract to produce the video on http://ide GOVERNANCE G 00025 nics Program LLC 2018 2019 .11 countering domestic violence. atv.ua PROCESSES Contract: AID- OAA-I- MORE 13- Nove PARTICIPATORY, 00032, Pravosuddy TRANSPARENT Order a Justice AND D AID-121- Sector April May Subcontract to produce layout design ACCOUNTABLE R TO-16- Chemo Reform PE 17, 31, 209 of information materials under I GOVERNANCE G 00025 nics Program Volkova 2019 2019 .74 HAVE A RIGHT! information project - PROCESSES

Contract: AID- OAA-I- MORE 13- Nove PARTICIPATORY, 00032, Pravosuddy TRANSPARENT Order a Justice PE AND D AID-121- Sector Kozhemy April May 14, Subcontract to print and deliver https://h ACCOUNTABLE R TO-16- Chemo Reform aka 25, 27, 790 information materials under I HAVE A uss.com.u GOVERNANCE G 00025 nics Program (HUSS) 2019 2019 .87 RIGHT! information project a/ PROCESSES Contract: AID- OAA-I- MORE 13- Nove PARTICIPATORY, 00032, Pravosuddy Mobile TRANSPARENT Order a Justice News Septe https://w AND D AID-121- Sector Service May mber 8,2 Subcontract to produce Enforcement ww.pluso ACCOUNTABLE R TO-16- Chemo Reform LLC (Plus 10, 20, 36. Video under "I Have a Right!" ne.com.ua GOVERNANCE G 00025 nics Program One) 2019 2019 51 Campaign / PROCESSES Contract: AID- OAA-I- MORE 13- Nove PARTICIPATORY, 00032, Pravosuddy Subcontract to conduct training TRANSPARENT Order a Justice program “Public Speaking and https://w AND D AID-121- Sector Ernst and May June 2,0 Presentation” intended to improve ww.ey.co ACCOUNTABLE R TO-16- Chemo Reform Young 20, 20, 91. public presentation skills of PIC m/ua/uk/ GOVERNANCE G 00025 nics Program LLC 2019 2019 25 members. home PROCESSES Contract: AID- OAA-I- Subcontract to deliver computer MORE 13- Nove equipment and peripherals for the PARTICIPATORY, 00032, Pravosuddy Access to Justice Innovation Center, TRANSPARENT Order a Justice 113 the National Agency for the Quality AND D AID-121- Sector Ulys Octobe ,12 Assurance of Higher Education and ACCOUNTABLE R TO-16- Chemo Reform Systems August r 15, 1.8 the High Anti-Corruption Court of http://uly GOVERNANCE G 00025 nics Program LLC 8, 2019 2019 8 Ukraine ssys.com/ PROCESSES

Contract: AID- OAA-I- MORE 13- Nove PARTICIPATORY, 00032, Pravosuddy TRANSPARENT Order a Justice Septe http://w AND D AID-121- Sector August mber 3,1 Subcontract to deliver the office ww.space ACCOUNTABLE R TO-16- Chemo Reform Space Art 19, 12, 17. furniture for the Access to Justice art.com.u GOVERNANCE G 00025 nics Program LLC 2019 2019 66 Innovation Center a/ PROCESSES The project aims at strengthening the role of civil society in increasing Contract: transparency and accountability of AID- Civic the judiciary towards the public, and OAA-I- Organizat strengthening the rule of law by MORE 13- Nove ion means of building up institutional PARTICIPATORY, 00032, Pravosuddy “Transpa capacity of the Public Integrity TRANSPARENT Order a Justice rency 100 Council (PIC), increased participation AND D AID-121- Sector Internati Decem April ,81 of citizens and raising their www.ti- ACCOUNTABLE R TO-16- Chemo Reform onal ber 12, 30, 2.6 awareness on the activities of the ukraine.or GOVERNANCE G 00025 nics Program Ukraine 2017 2019 1 Public Integrity Council. g PROCESSES Contract: Civic AID- Associati The project aims at promotion of OAA-I- on better access to justice by providing MORE 13- Nove “Ukrainia citizens and lawyers with information PARTICIPATORY, 00032, Pravosuddy n on alternative extrajudicial and TRANSPARENT Order a Justice Academy peaceful settlements of disputes and AND D AID-121- Sector of Decem Novem 32, giving citizens an opportunity to http://me ACCOUNTABLE R TO-16- Chemo Reform Mediatio ber 5, ber 30, 931 apply for gratuitous mediation diation.ua GOVERNANCE G 00025 nics Program n” 2017 2018 .58 service / PROCESSES Contract: Nongover The project aims at development and MORE AID- Nove nmental testing of the standard methods of PARTICIPATORY, OAA-I- Pravosuddy Organizat evaluation of trust to the judicial TRANSPARENT 13- a Justice ion system, which can be applied both on AND D 00032, Sector “Institute Decem Januar 29, the level of Ukraine as a whole, and http://w ACCOUNTABLE R Order Chemo Reform for ber 14, y 31, 986 on the level of separate regions, ww.iahr.c GOVERNANCE G AID-121- nics Program Applied 2017 2019 .79 jurisdictions or judicial circuits. om.ua PROCESSES

TO-16- Humanita 00025 rian Research”

Contract: Nongover AID- nmental OAA-I- Organizat MORE 13- Nove ion The project aims at strengthening the PARTICIPATORY, 00032, Pravosuddy “Center leadership of women judges and TRANSPARENT Order a Justice “Women’ women attorneys in the judiciary, AND D AID-121- Sector s Decem 23, courts, and the Bar through the ACCOUNTABLE R TO-16- Chemo Reform Perspecti April 2, ber 31, 359 development of professional skills women.lvi GOVERNANCE G 00025 nics Program ves” 2018 2018 .41 and soft skills v.ua PROCESSES Nongover Contract: nmental AID- Organizat OAA-I- ion MORE 13- Nove “Institute PARTICIPATORY, 00032, Pravosuddy for The project aims at at conducting an TRANSPARENT Order a Justice Applied independent expert review of the AND D AID-121- Sector Humanita April 12, practice and analysis of the decisions http://w ACCOUNTABLE R TO-16- Chemo Reform rian April 5, 15, 658 of the disciplinary bodies of Ukrainian ww.iahr.c GOVERNANCE G 00025 nics Program Research” 2018 2019 .52 judiciary. om.ua PROCESSES Contract: AID- OAA-I- Nongover MORE 13- Nove nmental PARTICIPATORY, 00032, Pravosuddy Organizat TRANSPARENT Order a Justice ion The project aims at increasing the http://w AND D AID-121- Sector “Foundati Decem 23, institutional capacity of arbitration ww.dejur ACCOUNTABLE R TO-16- Chemo Reform on April 3, ber 31, 006 courts to improve the protection of e.foundati GOVERNANCE G 00025 nics Program Dejure” 2018 2018 .62 human rights in arbitration courts. on/ PROCESSES

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Nongover nmental Organizat ion Contract: “Associati AID- on for the OAA-I- Develop MORE 13- Nove ment of The project aims at raising children PARTICIPATORY, 00032, Pravosuddy Judicial awareness about the role of courts TRANSPARENT Order a Justice Self- through attracting their attention to AND D AID-121- Sector Governm March 29, the court and creating information ACCOUNTABLE R TO-16- Chemo Reform ent in April 6, 31, 328 products targeted at the children GOVERNANCE G 00025 nics Program Ukraine” 2018 2019 .35 audience - PROCESSES The project aims at improvement of Contract: partner relations in the field of AID- protection of human rights taking OAA-I- into consideration needs of MORE 13- Nove Civic vulnerable groups of population in PARTICIPATORY, 00032, Pravosuddy Associati communities, including those among TRANSPARENT Order a Justice on “Legal representatives of local self- AND D AID-121- Sector Develop April Novem 11, government bodies and judiciary, ACCOUNTABLE R TO-16- Chemo Reform ment 20, ber 1, 716 human rights community and public http://ldn GOVERNANCE G 00025 nics Program Network” 2018 2018 .97 organizations .org.ua/ PROCESSES Contract: AID- The project aims at ensuring the OAA-I- Civic observance of human rights in MORE 13- Nove Union activities of local self-government PARTICIPATORY, 00032, Pravosuddy "Ukrainia through public monitoring of local TRANSPARENT Order a Justice n Helsinki policies and programs in context of AND D AID-121- Sector Human April Octobe 12, the respect for human rights and https://h ACCOUNTABLE R TO-16- Chemo Reform Rights 20, r 31, 777 taking into account the needs of elsinki.org GOVERNANCE G 00025 nics Program Union" 2018 2018 .58 vulnerable groups .ua/ PROCESSES

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The project aims at evaluation of effectiveness of the tools used to identify the suitability of judges appointed (elected) before the amendments to the Constitution of Ukraine (regarding justice) to the Nongover position of a judge and for verifying Contract: nmental the capability of judicial candidates to AID- Organizat administer justice; evaluation of OAA-I- ion effectiveness of the tools used to MORE 13- Nove “Institute verify judge's integrity under judicial PARTICIPATORY, 00032, Pravosuddy for selection and evaluation procedures; TRANSPARENT Order a Justice Applied improvement of normative AND D AID-121- Sector Humanita August 14, framework and practices of the http://w ACCOUNTABLE R TO-16- Chemo Reform rian 15, July 20, 921 agencies authorized to select and ww.iahr.c GOVERNANCE G 00025 nics Program Research” 2018 2019 .93 evaluate judges om.ua PROCESSES Contract: AID- The project aims at promoting legal OAA-I- protection, increasing social activity MORE 13- Nove Nongover and the level of senior citizens’ trust PARTICIPATORY, 00032, Pravosuddy nmental in the judiciary in Ukraine by TRANSPARENT Order a Justice Organizat improving understanding and www.face AND D AID-121- Sector ion Octobe April 7,4 knowledge of the rights and duties of book.com ACCOUNTABLE R TO-16- Chemo Reform “Society r 3, 30, 52. a person and citizen, and mechanisms /SocietyL GOVERNANCE G 00025 nics Program and Law” 2018 2019 20 for their protection awLviv/ PROCESSES Contract: AID- OAA-I- MORE 13- Nove Human PARTICIPATORY, 00032, Pravosuddy Rights The project aims at increasing the TRANSPARENT Order a Justice Organizat professional competence of judges www.pra AND D AID-121- Sector ion Novem April 23, and court staff in dealing with va- ACCOUNTABLE R TO-16- Chemo Reform “Human ber 1, 30, 015 persons with intellectual and lyudyny.o GOVERNANCE G 00025 nics Program Rights” 2018 2019 .48 psychological disorders. rg PROCESSES

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Contract: AID- OAA-I- MORE 13- Nove Civic PARTICIPATORY, 00032, Pravosuddy Associati The project aims at facilitation of TRANSPARENT Order a Justice on “Legal access for people to justice, AND D AID-121- Sector Develop Novem Novem 37, administrative and social services, ACCOUNTABLE R TO-16- Chemo Reform ment ber 12, ber 12, 944 legal aid services and alternative http://ldn GOVERNANCE G 00025 nics Program Network” 2018 2019 .19 dispute resolution .org.ua/ PROCESSES Odesa Contract: Oblast AID- Organizat OAA-I- ion of All- MORE 13- Nove Ukrainian PARTICIPATORY, 00032, Pravosuddy NGO The project aims at facilitation of TRANSPARENT Order a Justice “Committ access for people to justice, AND D AID-121- Sector ee of Novem Novem 31, administrative and social services, ACCOUNTABLE R TO-16- Chemo Reform Voters of ber 12, ber 12, 129 legal aid services and alternative http://cv GOVERNANCE G 00025 nics Program Ukraine” 2018 2019 .41 dispute resolution u.od.ua/ PROCESSES Nongover Contract: nmental The project aims at association of AID- Organizat judicial institutions and other state OAA-I- ion bodies in order to facilitate the access MORE 13- Nove “Associati to justice and legal aid for all citizens, PARTICIPATORY, 00032, Pravosuddy on of including vulnerable groups, as well TRANSPARENT Order a Justice Investigat as to raise citizens' awareness of AND D AID-121- Sector ive Judges Novem Novem 53, justice, judicial system, judicial ACCOUNTABLE R TO-16- Chemo Reform of ber 12, ber 12, 181 reform, legal aid and alternative www.arss GOVERNANCE G 00025 nics Program Ukraine” 2018 2019 .97 dispute resolutions u.org.ua PROCESSES Contract: Nongover The project aims at promoting the MORE AID- Nove nmental effective implementation of the PARTICIPATORY, OAA-I- Pravosuddy Organizat constitutional complaint in the actual TRANSPARENT 13- a Justice ion mechanism of human rights AND D 00032, Sector “Center Novem June 15, protection in Ukraine through the http://w ACCOUNTABLE R Order Chemo Reform for ber 5, 30, 266 multilevel informational and ww.cki.or GOVERNANCE G AID-121- nics Program Constituti 2018 2019 .04 educational impact on various social g.ua/ PROCESSES

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TO-16- onal and professional groups with 00025 Initiatives allowance for their needs and motives ” for using this institution, level of legal knowledge, general educational background

All- Ukrainian Contract: Charitabl AID- e OAA-I- Organizat MORE 13- Nove ion PARTICIPATORY, 00032, Pravosuddy “Ukrainia The project aims at strengthening the TRANSPARENT Order a Justice n Legal Septe capacity of the community advisors AND D AID-121- Sector Aid Novem mber 27, network to ensure timely access to ACCOUNTABLE R TO-16- Chemo Reform Foundati ber 5, 15, 563 justice for the inhabitants of small ulaf.org.u GOVERNANCE G 00025 nics Program on” 2018 2019 .67 territorial communities of Ukraine. a PROCESSES Nongover Contract: nmental The project aims at analyzing the AID- Organizat existing experience of applying the OAA-I- ion ECtHR case law by Supreme Court MORE 13- Nove “Institute and its importance for improving the PARTICIPATORY, 00032, Pravosuddy for quality of Supreme Court’s decisions TRANSPARENT Order a Justice Applied and the possibility to enhance AND D AID-121- Sector Humanita Novem Novem 12, unification of national case law and http://w ACCOUNTABLE R TO-16- Chemo Reform rian ber 5, ber 10, 834 compliance with international ww.iahr.c GOVERNANCE G 00025 nics Program Research” 2018 2019 .16 standards of fair trial om.ua PROCESSES Contract: Non- The project aims at developing http://la MORE AID- Nove governme conclusions and recommendations on w.lnu.edu. PARTICIPATORY, OAA-I- Pravosuddy ntal new Supreme Court’s case law that ua/about TRANSPARENT 13- a Justice Organizat would contribute to the fulfillment of /vho- AND D 00032, Sector ion “Lviv Novem Novem 12, its main objective, namely ensuring lvivska- ACCOUNTABLE R Order Chemo Reform Law ber 5, ber 10, 531 uniformity of judicial practice and its pravnych GOVERNANCE G AID-121- nics Program School” 2018 2019 .45 development a-shkola PROCESSES

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The project aims at identification of the presence or absence of changes in the judicial system after the Contract: amendments to the Constitution in AID- Nongover the part of judicial reform and the OAA-I- nmental new version of the Law of Ukraine MORE 13- Nove Organizat "On the judicial system and the status PARTICIPATORY, 00032, Pravosuddy ion of judges" came into force, by way of TRANSPARENT Order a Justice “Ukrainia computer processing of arrays of AND D AID-121- Sector n Center Decem Januar 27, publicly available court decisions, ACCOUNTABLE R TO-16- Chemo Reform for Social ber 14, y 30, 057 preparation and processing of data, socialdata GOVERNANCE G 00025 nics Program Data” 2018 2020 .33 statistical analysis of these data. .org.ua PROCESSES The project aims at developing and Nongover implementation of standards for basic Contract: nmental training in the practice of Ukrainian AID- Organizat centers for the preparation of OAA-I- ion mediators as one of the prerequisites MORE 13- Nove “National for the qualitative education of PARTICIPATORY, 00032, Pravosuddy Associati mediators and, accordingly, the TRANSPARENT Order a Justice on of provision of quality mediation, which AND D AID-121- Sector Mediator Februa August 22, is a prerequisite for widespread use http://na ACCOUNTABLE R TO-16- Chemo Reform s of ry 12, 31, 680 of alternative ways of resolving mu.com.u GOVERNANCE G 00025 nics Program Ukraine” 2019 2019 .10 disputes and conflicts in Ukraine. a PROCESSES Nongover Contract: nmental The project aims at facilitating access MORE AID- Nove Organizat to justice for people with disabilities PARTICIPATORY, OAA-I- Pravosuddy ion in Donetsk and Luhansk oblasts TRANSPARENT 13- a Justice “Donbas Septe through implementation of effective AND D 00032, Sector Democrat Februa mber 16, mechanisms for monitoring the rights ACCOUNTABLE R Order Chemo Reform ic ry 25, 15, 661 of people with disabilities and raising GOVERNANCE G AID-121- nics Program Develop 2019 2019 .52 awareness of judges and court staff - PROCESSES

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TO-16- ment about the rights of people with 00025 Agency” disabilities.

Contract: AID- OAA-I- Nongover The project aims at improving the MORE 13- Nove nmental quality of formal legal education PARTICIPATORY, 00032, Pravosuddy Organizat through promoting the use of TRANSPARENT Order a Justice ion effective and practice-oriented AND D AID-121- Sector “Human Januar 19, teaching methods for the http://hr ACCOUNTABLE R TO-16- Chemo Reform Rights y 10, July 30, 183 development of applied professional vector.org GOVERNANCE G 00025 nics Program Vector” 2019 2019 .00 skills. / PROCESSES Contract: Higher AID- Educatio OAA-I- n MORE 13- Nove Institutio The project aims at increasing PARTICIPATORY, 00032, Pravosuddy n awareness of Ukrainian legal TRANSPARENT Order a Justice “Ukrainia Septe community on modern challenges of AND D AID-121- Sector n Catholic Februa mber 17, the rule of law through organizing ACCOUNTABLE R TO-16- Chemo Reform Universit ry 4, 30, 132 and holding the rule of law lectures https://uc GOVERNANCE G 00025 nics Program y” 2019 2019 .39 series. u.edu.ua/ PROCESSES Contract: Civic AID- Associati OAA-I- on MORE 13- Nove “Ukrainia The project aims at improving the PARTICIPATORY, 00032, Pravosuddy n quality of legal education in Ukraine TRANSPARENT Order a Justice Academy through the developing a handbook AND D AID-121- Sector of Februa Decem 25, “Mediation in the professional activity http://me ACCOUNTABLE R TO-16- Chemo Reform Mediatio ry 1, ber 31, 309 of a lawyer” as a quality information diation.ua GOVERNANCE G 00025 nics Program n” 2019 2019 .03 source for practitioners of mediation. / PROCESSES

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Contract: Regional The project aims at assisting the AID- Public courts of Lviv, Zakarpattya and OAA-I- Charitabl Ternopil regions in determining the MORE 13- Nove e level of satisfaction with court PARTICIPATORY, 00032, Pravosuddy Foundati proceedings by courts participants TRANSPARENT Order a Justice on “Law following the results of the survey of AND D AID-121- Sector and Februa August 14, participants in the trials as one of the ACCOUNTABLE R TO-16- Chemo Reform Democrac ry 15, 15, 219 modules of the court assessment www.fond GOVERNANCE G 00025 nics Program y” 2019 2019 .35 system. (CRC) .lviv.ua PROCESSES Contract: AID- Nongover OAA-I- nmental MORE 13- Nove Organizat PARTICIPATORY, 00032, Pravosuddy ion The project aims at providing TRANSPARENT Order a Justice “Center Septe assistance to the courts of Cherkasy AND D AID-121- Sector for Social Februa mber 14, and Kirovohrad regions in application ACCOUNTABLE R TO-16- Chemo Reform Adaptatio ry 15, 30, 894 of the Court Performance Evaluation GOVERNANCE G 00025 nics Program n” 2019 2019 .47 System (CPES) (CRC) - PROCESSES Nongover Contract: nmental AID- Organizat The project aims at promotion of OAA-I- ion operation efficiency of and MORE 13- Nove “Zaporizh improvement of confidence to courts PARTICIPATORY, 00032, Pravosuddy zhia by means of increased participation TRANSPARENT Order a Justice Human of citizens through monitoring and AND D AID-121- Sector Rights Februa 17, promotion of judicial reform in www.face ACCOUNTABLE R TO-16- Chemo Reform Protectio ry 15, July 31, 429 Zaporizhzhia and Kherson oblasts. book.com GOVERNANCE G 00025 nics Program n Group” 2019 2019 .80 (CRC) /zpg.ua PROCESSES Charity Contract: Organizat MORE AID- Nove ion The project aims at assisting courts of PARTICIPATORY, OAA-I- Pravosuddy “Ukrainia all levels and jurisdictions in TRANSPARENT 13- a Justice n conducting citizen report cards AND D 00032, Sector Coalition Februa 19, surveys of participants in litigation in ACCOUNTABLE R Order Chemo Reform for Legal ry 15, July 31, 134 Khmelnytsky, Vinnytsia and Volyn pravoonli GOVERNANCE G AID-121- nics Program Aid” 2019 2019 .56 oblasts. (CRC) ne.org.ua PROCESSES

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The project aims at evaluation the actual state of perception of the court Contract: and the quality of its services by AID- questioning the participants in court OAA-I- proceedings, formulate MORE 13- Nove Civic recommendations for improving the PARTICIPATORY, 00032, Pravosuddy Associati provision of services by courts and TRANSPARENT Order a Justice on “Legal Septe advocate their implementation in AND D AID-121- Sector Develop Februa mber 33, order to increase public confidence in ACCOUNTABLE R TO-16- Chemo Reform ment ry 15, 30, 739 the court in Poltava, Kharkiv and http://ldn GOVERNANCE G 00025 nics Program Network” 2019 2019 .07 Chernivtsi oblasts. (CRC) .org.ua/ PROCESSES Nongover nmental Organizat ion “NGO “Cultural Contract: and AID- Educatio OAA-I- nal MORE 13- Nove Society The project aims at assisting courts of PARTICIPATORY, 00032, Pravosuddy for all levels and jurisdictions in TRANSPARENT Order a Justice People conducting citizen report cards AND D AID-121- Sector with Februa 12, surveys of participants in litigation in ACCOUNTABLE R TO-16- Chemo Reform Disabiliti ry 15, July 31, 691 Ivano-Frankivsk Oblast of Ukraine. GOVERNANCE G 00025 nics Program es UMG” 2019 2019 .61 (CRC) - PROCESSES Contract: Nove Nongover AID- Pravosuddy nmental The project aims at assisting courts of MORE OAA-I- a Justice Organizat all levels and jurisdictions in PARTICIPATORY, D 13- Sector ion Februa August 18, conducting citizen report cards www.prot TRANSPARENT R 00032, Chemo Reform “Chernihi ry 15, 31, 602 surveys of participants in litigation in ection.org AND G Order nics Program v Human 2019 2019 .37 Sumy and Chernihiv Oblasts. (CRC) .ua ACCOUNTABLE

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AID-121- Rights GOVERNANCE TO-16- Protectio PROCESSES 00025 n Committe e” Nongover Contract: nmental AID- Organizat OAA-I- ion MORE 13- Nove “Human PARTICIPATORY, 00032, Pravosuddy Rights The project aims at assisting courts of TRANSPARENT Order a Justice Center all levels and jurisdictions in AND D AID-121- Sector “Women- Januar 11, conducting citizen report cards ACCOUNTABLE R TO-16- Chemo Reform Voters y 15, July 31, 766 surveys of participants in litigation in GOVERNANCE G 00025 nics Program League” 2019 2019 .73 Donetsk oblast. (CRC) - PROCESSES Contract: AID- The project aims at assisting the OAA-I- courts of Luhansk Oblast in MORE 13- Nove Nongover determining the level of satisfaction PARTICIPATORY, 00032, Pravosuddy nmental with court proceedings by courts https://w TRANSPARENT Order a Justice Organizat participants following the results of ww.faceb AND D AID-121- Sector ion Februa 7,5 the survey of participants in the trials ook.com/l ACCOUNTABLE R TO-16- Chemo Reform “Public ry 15, July 31, 38. as one of the modules of the court uganskreg GOVERNANCE G 00025 nics Program Platform” 2019 2019 93 assessment system. (CRC) ion/ PROCESSES Nongover Contract: nmental AID- Organizat OAA-I- ion MORE 13- Nove “Internati PARTICIPATORY, 00032, Pravosuddy onal The project aims at assisting courts of TRANSPARENT Order a Justice Develop all levels and jurisdictions in AND D AID-121- Sector ment Februa 20, conducting citizen report cards ACCOUNTABLE R TO-16- Chemo Reform Foundati ry 15, July 31, 207 surveys of participants in litigation in http://in- GOVERNANCE G 00025 nics Program on” 2019 2019 .19 Odesa and Mykolaiv regions. (CRC) fd.com/ PROCESSES

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Contract: The project aims at raising AID- Civic qualifications of judges and lawyers OAA-I- Associati in the application of international MORE 13- Nove on humanitarian law standards in PARTICIPATORY, 00032, Pravosuddy “Ukrainia national judicial practice through TRANSPARENT Order a Justice n Helsinki engaging civil society’s expertise in AND D AID-121- Sector Human May Decem 27, this field, specifically by developing, https://h ACCOUNTABLE R TO-16- Chemo Reform Rights 15, ber 31, 714 testing and promoting a relevant elsinki.org GOVERNANCE G 00025 nics Program Union” 2019 2019 .18 comprehensive training program .ua/ PROCESSES Contract: AID- Charity The project aims at improving the OAA-I- Organizat quality of judicial services and MORE 13- Nove ion strengthening citizens' confidence in PARTICIPATORY, 00032, Pravosuddy “Ukrainia the judiciary through increasing the TRANSPARENT Order a Justice n capacity of the courts in Rivne oblast AND D AID-121- Sector Coalition May Novem 9,5 to efficiently use the Court ACCOUNTABLE R TO-16- Chemo Reform for Legal 15, ber 15, 65. Performance Evaluation System pravoonli GOVERNANCE G 00025 nics Program Aid” 2019 2019 52 (CPES) tools (CRC) ne.org.ua PROCESSES Contract: AID- Nongover OAA-I- nmental MORE 13- Nove Organizat The project aims at improving the PARTICIPATORY, 00032, Pravosuddy ion justice system by collecting data, TRANSPARENT Order a Justice “Center analyzing it, identifying problems in AND D AID-121- Sector for Social May Novem 7,8 the administration of justice and ACCOUNTABLE R TO-16- Chemo Reform Adaptatio 15, ber 15, 50. advocating for the solutions for GOVERNANCE G 00025 nics Program n” 2019 2019 20 relevant problems - PROCESSES Contract: AID- OAA-I- MORE 13- Nove Nongover PARTICIPATORY, 00032, Pravosuddy nmental The project aims at raising efficiency, https://w TRANSPARENT Order a Justice Organizat capacity and quality of courts’ ww.faceb AND D AID-121- Sector ion May Novem 9,9 performance in Kyiv oblast through ook.com/l ACCOUNTABLE R TO-16- Chemo Reform “Public 15, ber 15, 13. conducting Citizen Report Cards uganskreg GOVERNANCE G 00025 nics Program Platform” 2019 2019 87 (CRC) surveys of trial participants ion/ PROCESSES

110

Nongover Contract: nmental AID- Organizat OAA-I- ion The project aims at assisting the MORE 13- Nove “Internati courts of Kyiv regions in conducting PARTICIPATORY, 00032, Pravosuddy onal an external assessment of the quality TRANSPARENT Order a Justice Develop of court functioning through AND D AID-121- Sector ment May Novem 12, surveying the citizens participating in ACCOUNTABLE R TO-16- Chemo Reform Foundati 15, ber 15, 157 court proceedings using the CRC http://in- GOVERNANCE G 00025 nics Program on” 2019 2019 .62 methodology fd.com/ PROCESSES Contract: AID- OAA-I- The grant project aims at improving MORE 13- Nove Nongover access to justice in Ukraine by raising PARTICIPATORY, 00032, Pravosuddy nmental awareness of the innovative TRANSPARENT Order a Justice Organizat opportunities and by supporting AND D AID-121- Sector ion Octobe 28, justice innovators and startup http://soc ACCOUNTABLE R TO-16- Chemo Reform “Social June 3, r 31, 837 community in the field of law across ialboost.c GOVERNANCE G 00025 nics Program Boost” 2019 2019 .59 the country om.ua/ PROCESSES The 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 Contract: society in increasing the transparency AID- and accountability of the judiciary to OAA-I- Nongover society and strengthening the rule of MORE 13- Nove nmental law by developing the institutional PARTICIPATORY, 00032, Pravosuddy Organizat capacity of the Public Integrity TRANSPARENT Order a Justice ion 204 Council, activation of the citizens and http://w AND D AID-121- Sector “Foundati Januar ,70 raising awareness regarding the ww.dejur ACCOUNTABLE R TO-16- Chemo Reform on July 10, y 15, 0.6 activities of the Public Integrity e.foundati GOVERNANCE G 00025 nics Program Dejure” 2019 2020 7 Council. on/ PROCESSES

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Contract: Society AID- Organizat OAA-I- ion MORE 13- Nove “Centre PARTICIPATORY, 00032, Pravosuddy for TRANSPARENT Order a Justice Democrac The project aims at supporting the AND D AID-121- Sector y and Decem 17, judicial administration bodies in http://ce ACCOUNTABLE R TO-16- Chemo Reform Rule of August ber 30, 837 ensuring their systematic and dem.org.u GOVERNANCE G 00025 nics Program Law” 1, 2019 2019 .18 coordinated work a/ PROCESSES Contract: Regional The project aims at introducing a AID- Public system of continuous training of sign OAA-I- Charitabl language interpreters who participate MORE 13- Nove e in litigation in order to improve their PARTICIPATORY, 00032, Pravosuddy Foundati knowledge of legal and judicial TRANSPARENT Order a Justice on “Law terminology, court procedures and to AND D AID-121- Sector and Februa 24, ensure proper access the deaf people ACCOUNTABLE R TO-16- Chemo Reform Democrac July 11, ry 12, 562 and persons with hearing impaired to www.fond GOVERNANCE G 00025 nics Program y” 2019 2020 .24 justice .lviv.ua PROCESSES Contract: AID- OAA-I- MORE 13- Nove Human The project aims at increasing the PARTICIPATORY, 00032, Pravosuddy Rights professional competence of the Legal TRANSPARENT Order a Justice Organizat Aid Office staff with regard to www.pra AND D AID-121- Sector ion Septe Januar 10, communications with people with va- ACCOUNTABLE R TO-16- Chemo Reform “Human mber y 15, 567 intellectual and psychological lyudyny.o GOVERNANCE G 00025 nics Program Rights” 4, 2019 2020 .35 impairments. rg PROCESSES Contract: Non- https://w AID- governme The project aims at creating a culture ww.faceb OAA-I- ntal of peaceful and effective conflict ook.com/ MORE 13- Nove Organizat resolution in Ukrainian families to PARTICIPATORY, 00032, Pravosuddy ion ensure the observance of children's - TRANSPARENT Order a Justice “Associati Septe rights and reduce the burden on the Асоціація AND D AID-121- Sector on for mber Februa 12, courts by informing and providing - ACCOUNTABLE R TO-16- Chemo Reform Family 16, ry 28, 237 access to family mediation as an Сімейних GOVERNANCE G 00025 nics Program Mediator 2019 2020 .18 alternative way of settling disputes - PROCESSES Медіатор ів

112 s of - Ukraine” 52304030 8205640/України

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E. Future Activities Table

Date Location* Activity

October

New Justice will support the Ministry of Education’s Sub-committee on Developing Standards for Legal Education in developing a draft Standard for Preparing Masters Kyiv, New Justice Office, 36 Ivana of Law. The Sub-committee chaired by Andriy Boiko will work on designing the October 9, 2019 Franka Str., office 3, conference room, draft in light the MOE’s methodological recommendations. The event begins at 1 3rd floor PM.

New Justice will support the Ministry of Justice in conducting the working group meeting on developing module syllabus on legal innovations. The event is organized in partnership with the Ministry of Education and Science and OSCE Projects Kyiv, Vodolymyrska, 55, White Coordination Office in Ukraine. As a result of the event, participants will develop October 10-11, 2019 Confernce Hall (1st floor) module syllabus on legal innovations for students of law schools which can be included in formal curricular of Ukrainian higher educational institutions. This event begins at 1:30 PM.

New Justice will support the Ministry of Education’s Sub-committee on Developing Kyiv, New Justice Office, 36 Ivana Standards for Legal Education in finalizing a draft Standard for Preparing Masters October 23, 2019 Franka Str., office 3, conference room, of Law. The Sub-committee chaired by Andriy Boiko will work on polishing the 3rd floor draft in light the MOE’s methodological recommendations. The event begins at 1 PM.

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Date Location* Activity New Justice together with project subcontractor the University of South Carolina Rule of Law Collaborative will support the Yaroslav Mudryi National Law University Kharkiv, Yaroslav Mudryi National in delivering the first week of the comprehensive Certificate Program in Rule of Law October 21-25, 2019 Law University Scientific Library, 84- for 30 participants. During the first week of the Certificate Program U.S. and A Pushkinska Str., Ukrainian faculty members will jointly teach the following modules on: Modern Approaches to the Rule of Law, Key Rule of Law Actors, Human Rights and Their Protections, and Rule of Law in Practice. USAID New Justice Program grantee “Social Boost” will conduct the “Innovating Justice Boostcamp”. During the event, the startup entrepreneurs will present their innovation projects on better access to justice which will be reviewed by a jury. The October 24, 2019, Mechnikova Str., Kyiv. event is organized in cooperation with the Hague Institute for Innovation of Law Venue: 1991 Open Data Incubator, 2 (HiiL). Participants of the event are representatives of justice sector, business, civil society and academia. November New Justice grantee NGO “Center for democracy and the rule of law” will present to Kyiv, Council of Judges’ premises, the COPJ a draft textual content for the information boards in courts to receive their 18/5 Lypska Str., conference room on feedback as well as discuss the COJ’s vision as to the graphic design of this content November 5, 2019 the ground floor. to make it visually attractive and readable to pass the recommendation to the graphic designer.

New Justice grantee NGO “JurFem” will conduct training for law school professors Lviv, Reikartz Hotel, Horodotska St, who then will teach the course on gender discrimination and women rights for law November 6-7, 2019 107, conference room on the 1st floor. school students.

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Date Location* Activity New Justice will provide the MOE-MOJ Task Force on Unified State Qualifications Exam (USQE) with international expertise on best practices and other international expert support in developing and implementing external, high-stake legal examinations. International Testing Technologies Expert Kellie Early will effectively Kyiv, New Justice Office, 36 Ivana navigate through the local context and deliver her expert assistance, while November 18 – 22, Franka Str., office 3; attending a series of business meetings with relevant decision-makers and other 2019 MOE, Peremohy Av., 10 stakeholders. Such meetings will include representatives of the MOE, the MOJ, the MOJ, Rylskyi Lane, 10 MOE-MOJ Task Force on USQE, leading Ukrainian law schools, the Working Group on Legal Education Reform of the Law Reform Commission under the President of Ukraine, the Ukrainian Center for Education Evaluation, and the National Agency for Higher Education Quality Assurance.

New Justice together with project subcontractor the University of South Carolina Rule of Law Collaborative will support the Yaroslav Mudryi National Law University in delivering the second week of the comprehensive Certificate Program in Rule of Kharkiv, Yaroslav Mudryi National November 18 – 22, Law for 30 participants. During the second week of the Certificate Program U.S. and Law University Scientific Library, 84- 2019 Ukrainian faculty members will jointly teach the following modules on: Legal A Pushkinska Str., Reasoning: Exploring New Developments and New Challenges, Applying Legal Reasoning Skills, Legal Counseling and Interviewing, Dispute Resolution as an Element of Rule of Law, Adversarial Elements of the Rule of Law in Ukraine. November 19 – 21, TBC New Justice will support the NSJ and SJA in conducting Executive Team Leadership 2019 Program for up to 15 teams of chief judges and court administrators. This program is built on two separate Leadership Comprehensive Programs for Chief Judges and Court Administrators conducted during the previous work plan period. The court administrator and chief judge relationship is an important factor in the expert management of Ukraine courts. Through executive education the dynamics of such relationships can be diagnosed, understood, and improved by being informed about executive models that can be applied and modified for Ukraine. The program will include relationship building; governance structures; policy development; daily management; and planning, including the inevitable change in leadership to make the executive leadership in every court highly functional.

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Date Location* Activity November 25-26, 2019 Kharkiv, Yaroslav Mudryi National New Justice will organize and conduct the 4th International Anticorruption Law University, Pushkinska Street, 77 Workshop in cooperation with the Washington and Lee University School of Law (Lexington, Virginia, USA) and four leading Ukrainian law schools whose students and faculty participate in the implementation of an international online anticorruption course with Professor Speedy Rice of the Washington and Lee University School of Law (Lexington, Virginia, USA). Within the workshop, students will present and discuss their reports with analysis of their law schools’ anticorruption compliance policies and recommendations for improving them. Further, Professor Rice will facilitate the student and faculty teamwork on reviewing a model university anticorruption policy developed earlier and designing recommendations and actionable steps for implementation of the university anticorruption compliance policy. This workshop will empower Ukrainian faculty and students with new knowledge and skills to advance anticorruption education at Ukrainian law schools. The event begins at 10.00 AM. New Justice together with NSJ will conduct TOT for judges on international November 26 – 27, PRAVOCATOR Lviv (TBC) humanitarian and international criminal law application in cases related to the 2019 armed conflict on the territory of Ukraine. December Vinnytsia, Ukraine New Justice will support Supreme Court in conducting regional event to discuss the TBC Venue: TBC case law of the new procedural codes’ implementation with regional judges.

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F. Milestones Progress Report New Justice implementation worked toward 324 milestones under 85 Program Expected Results (ERs) to date. Three ERs do not have milestones for Program Year Three year because related activities are planned for the program’s upcoming implementation period. 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 Postponed till next work- planning period. New Justice Technical review of draft constitutional changed the estimated 09/2019 Postponed amendments related to human rights conducted completion date for this ER 1.1.1 Constitutional safeguards milestone due to the for judicial independence stakeholders’ plans. strengthened in key areas, Joint PTP anti-corruption court study visit to 11/2016 (including appointment, promotion, Achieved Slovakia and Bosnia designed and implemented 04/2017 transfer, and discipline of judges), Draft concept paper for establishing the High comply with international and 05/2017 Achieved European standards of judicial Specialized Anti-Corruption Court developed independence, and reflect citizen Amendments to Article 375 of the Criminal Code 03/2017 Achieved input. drafted

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

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Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY New Justice will select Recommendations on jury trial implementation appropriate international 12/2019 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 constitutional and legislative provisions with 09/2019 Achieved ER1.1.2 Inclusive consultative 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

ER1.1.3 The Judiciary positively Roundtable with key stakeholders on judicial Postponed till Program Year Three. New Justice changed influences the parliament and independence and the rule of the law conducted 09/2019 Pending the estimated completion date executive branch in the for this milestone.

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Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY development and allocation of Information campaign on judicial independence legislation affecting the judiciary, launched 10/2020 Postponed including the judicial budget. 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 governance bodies (e.g., the High coordination within the Council of Justice, among others) judiciary and with clearly defined and understood by 09/2017 Partly achieved international donors, judicial leadership, judges, and however, it did not establish judicial personnel. the "thematic" specialized committees New Justice was advocating for

Online training tool for judges, court staff, and ER 1.2.2 The Judiciary exerts jurors to promote compliance with ethical 09/2019 In progress leadership in developing strategies, standards developed. objectives, and initiatives to effectively promote and protect its Current disciplinary practice for violation of The report based on the independence, while ensuring judicial ethics rules assessed. 09/2019 Achieved conducted assessment is being finalized. accountability, integrity, transparency and high ethical HCJ staff trained on general management skills 10 out of 10 training sessions standards 11/2018 Achieved have been conducted, certificates awarded.

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Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Rules of Conduct for Court Staff revised. Two meetings of the 09/2019 In Progress respective working group took place

Judicial statistics take into account gender New Justice provided SJA and disaggregation data COJ with the Gender Sensitivity Index of the Judiciary which indicators should be taken into account 06/2019 Cancelled during data collection process. Starting January 2019, SJA collects and makes publicly available gender disaggregation data ER 1.2.3 Representation and leadership of women judges in Gender index for the judiciary developed Gender Sensitivity Index of the Judiciary was developed by NJ judicial governance bodies and 09/2017 Achieved short-term gender expert courts enhanced. Maryna Rudenko. Research on women judges as Research on women judges as leaders conducted 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.

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Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Regional trainings for women judges on Training Program was increasing leadership skills and gender developed and piloted by the awareness conducted. grantee Women Perspectives Center. It was submitted to the 06/2019 Achieved NSJ for further implementation. These trainings were also conducted during Women-Lawyers Forum in June 2019. Working Group on Gender Issues in the Judiciary Despite the WG was to monitor progress made in the integration of established on January 26, gender equality principles in the justice system 2018 at the event on and promote initiatives aimed at making the presentation of the Gender Sensitivity Index of the Judiciary more gender sensitive established. 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. Gender Sensitivity Index of the Judiciary updated Planned for the next reporting in compliance with National Program on gender 12/2019 Pending period. equality adopted in April 2018. Gender in Law Curriculum for law school New Justice grantee students developed and tested. Association of Women Lawyers of Ukraine started 01/2020 In progress implementing the relevant grant project aimed at developing and piloting the Gender in law Curriculum. Visit of Ukrainian judges in the Biennial New Justice identified main Conference of International Association of and alternative delegation 05/2020 In progress Women Judges “Celebrating Diversity” in members and is developing Auckland, New Zealand supported the draft SOW for this visit.

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Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY 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 Recommendations for improving procedures for New Justice engaged two judicial selection and qualifications evaluations international experts with developed expertise of judicial candidates’ testing matter to support HQC in reviewing a set of internal regulations governing each stage of 03/2019 Achieved selection procedures. During ER 1.2.5 Judicial performance this period experts presented standards for merit-based testing, their reports and vetting, recruitment, performance recommendations to the HQC evaluation, transfer, promotion, and participated in the lessons discipline, and lustration learned roundtable conducted by the HQC. established. 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 09/2019 Pending developing draft standards for test items and case studies preparation and was not able to provide it for the review.

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Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY 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 regarding judicial corruption, violation of judicial comparative table for the draft ER 1.2.6 Rules regarding corruption, 09/2019 Pending law. Development of the draft judicial ethics and illegal conduct, as 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 09/2019 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

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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 on legal obstacles and disincentive mechanisms for reporting judicial corruption 04/2017 Achieved developed and disseminated Survey on reporting judicial corruption and protection of informers and whistleblowers 09/2017 Achieved conducted Informational materials on reporting judicial Milestone will be revisited in ER 1.2.7 Reporting of corruption, corruption and protection and incentive Pending view of potential amendments unethical or illegal conduct mechanisms for those who report designed and 09/2019 to the Law on Corruption simplified and made more disseminated Prevention with regard to the accessible for judges, judicial whistleblowers’ protection personnel, advocates, and citizens. 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 09/2019 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

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Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY 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 11/2018 Achieved conducted Report with recommendations on legal mechanisms on the protection and incentives for individuals who report judicial corruption 04/2017 Achieved developed and disseminated ER 1.2.8 Protections increased for individuals who report corruption, On August 29, 2019, the unethical or illegal conduct against President of Ukraine judges, judicial personnel and submitted to the Verkhovna advocates. Draft Law on the Protection of Whistleblowers Rada draft law No. 1010 on amendments to the Law on and Information Disclosure on Damages and 09/2019 Cancelled Corruption Prevention with Threat to Social Interests (No.4038a) updated regard to whistleblowers’ protection. Thus, development of a separate legislation in this area is not relevant anymore 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

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Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY judges, personnel, budget authority, and other areas of judicial Second annual survey among judges on judicial 10/2018 Achieved competence. independence and accountability conducted

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

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 09/2019 Pending discipline and lustration results regarding the judicial selection, promotion and published online. discipline developed. Report with recommendations on amending HCJ 06/2017 Achieved internal regulations developed IT needs assessment of the HCJ conducted 06/2017 Achieved

ER 1.3.4 Implementation of ethics Curriculum for initial training of HCJ judicial Milestone will be revisited in view of coming HCJ reboot enforcement mechanisms inspectors developed 09/2019 Pending according to the draft law strengthened. No. 1008 adopted in the first reading

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 09/2019 Pending according to the draft law HCJ No. 1008 adopted in the first reading

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Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Initial training of HCJ judicial inspectors Milestone will be revisited in conducted view of coming change HCJ 09/2019 Pending reboot according to the draft law No. 1008 adopted in the first reading Manual on disciplinary proceedings against New Justice will engage for judges finalized this assignment another local 09/2019 In progress expert to substitute Oleksandr Komarov whose Consultant Agreement is cancelled Recommendations on performance evaluation of Milestone will be revisited in HCJ inspectors developed view of coming change HCJ 09/2019 Pending reboot according to the draft law No. 1008 adopted in the first reading Roundtable on reporting judicial corruption by ER 1.3.5 Judges, judicial personnel, peers conducted 09/2017 Achieved and advocates change attitudes towards reporting corruption, Milestone will be revisited in unethical or other illegal conduct by Recommendations on ways and factors for changing attitudes towards reporting judicial view of potential amendments their peers. 09/2019 In progress to the Law on Corruption corruption by peers within the justice sector Prevention with regard to the developed whistleblowers’ protection ER 1.3.6 Reporting of corruption, Survey among judges, judicial personnel, unethical or illegal conduct by advocates and citizens to explore attitude related 10/2018 Achieved judges, judicial personnel, advocates to reporting corruption in the courts conducted and citizens increased. ER 1.3.7 Protections for individuals Survey among judges, judicial personnel, who report corruption, unethical or advocates and citizens on their awareness about illegal conduct against judges, protection of whistleblowers and people who 10/2018 Achieved judicial personnel and advocates inform about corruption in the courts conducted applied.

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Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY 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 Judicial opinion writing manual and curriculum solely on the facts and law, and are based on the Judicial updated 09/2017 Achieved opinion writing curriculum. reversed only through the appellate Judicial opinion writing process. manual was reviewed. These activities were conducted under ER 3.2.1. ER 1.4.2 Members of the International Standards for the Judiciary book International Standards for Presidential Administration, updated and broadly disseminated 09/2017 Achieved the Judiciary book was Government and Parliament engage updated and published. the Judiciary in a constructive At least one mechanism for bar-bench manner that respects judicial cooperation established 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

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Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY 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 Justice” conference supported participation of two COJ 12/2016 Achieved members in “Limits of Transparent Justice” Conference “Effective Delivery of Justice as a Means to The conference was conducted in April 19-20, 2018 in Kyiv. Increase Public Trust and Confidence in the 04/2018 Achieved Judiciary” Conference conducted Up to 200 participants attended. ER 2.1.1 Increased awareness Public awareness campaign regarding role of HCJ New Justice communications among citizens of the right to and designed and implemented. expert Olena Ivanova limitations of judicial transparency 03/2019 Achieved provided recommendations to in courtroom proceedings and the HCJ on the format of the campaign in January 2019. judicial governance. Public awareness materials on access to justice This task will be partly and services provided by courts updated implemented by the New Justice grantee NGO Center for Democracy and Law that will be preparing jointly with the 03/2020 In progress SJA and COJ standardized content regarding the services provided by courts for courts’ information boards and websites.

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Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Court decisions rendered with the involvement New Justice grantee Social of jurors analyzed Data Center conducted statistical analysis of court 05/2019 Achieved decisions rendered with the involvement of jurors in 2017- 2018. Nationwide survey of jurors conducted Survey was completed, and its 05/2019 Achieved results were presented to major stakeholders. Audio and visual needs assessment regarding At this point New Justice has not received the request from HCJ and HQC conducted 12/2019 Pending HCJ and HQC regarding audio and visual equipment needs. Public awareness campaigns regarding jury Materials were printed and ER 2.1.2 Increased public access to service designed and implemented disseminated in May-June courtroom and judicial governance 2019 under the I HAVE A proceedings in-person, on-line, via RIGHT! Campaign. New Justice TV/radio, or through archived will issue RFP for developing orientation and PSA videos recordings and records. 03/2020 In progress regarding the jury service in the next reporting periods after the Parliament of Ukraine adopts legislative amendments on reform of the jury trials. Working Group on Jury Service Improvement New Justice supports the 09/2020 In progress activities supported regular meetings of the WG. 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.

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Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Court decisions that were rendered with the New Justice postponed this involvement of jurors analyzed 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. Unified Communications Strategy of the Judiciary New Justice short-term local and its Implementation Plan developed Communications Expert Olena Ivanova finalized the draft 03/2019 Achieved Strategy and presented it to the Communications ER 2.1.3 Increased outreach by the Committee of the Judiciary. Judiciary to the public and press. 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. 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.

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Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY 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 courts developed 04/2020 Pending cooperate with the Comms 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 08/2019 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

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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 383 judges successfully passed qualification ER 2.2.1 Lustration process evaluation and proved their concludes without violations of due capability to deliver justice, process or human rights of lustrated 08/19 In progress while 3 judges were judges and judicial personnel. disqualified. Totally starting from March 2018, the HQC disqualified 156 judges while 1834 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 The Cassation Administrative consideration by the new Supreme Court and Court within the Supreme ECHR. Court rendered few verdicts recognizing as illegal decisions on lustration. These verdicts are on appeal and are pending at the Grand Chamber of the SCt. New Justice continue to monitor the process in lustration cases consideration 08/19 In progress by the courts. No progress was made by the SC or ECHR with this regard over the past period. Also New Justice provided its recommendations with regard to the draft law #10444 registered by President Zelenskiy in the Parliament of previous convocation. Monitor progress of the Constitutional Court During the last reporting review of lustration cases. period the Constitutional Court of Ukraine returned lustration cases into its agenda, however two 08/19 In progress originally scheduled closed hearing were postponed without explanations. Later on the case was removed from agenda.

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Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY 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 corruption-prevention measures recommendations on its improvement. Interest and provided her recommendations on its within the Judiciary 08/19 In progress content and wording improvement. NJ advocates for those recommendations implementation.

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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.

137

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 and Prosecutor General’s Office support in re-writing provisions of Article 375 of 08/19 Pending activities when its load will investigations into alleged the CCU reduce after completion of the corruption or other illicit conduct judicial selection of judges to by judges or judicial personnel numerous courts of different jurisdiction and instances.

Continue to foster communication between the judiciary and Parliament by supporting joint events and dialog between the HCJ and Pending 08/19 Same as above Parliamentarian Secretariat in developing unified approach to the process of providing HCJ advisory opinions. Assess quality of available HCJ consultative New Justice is looking for a ER 2.2.4 Judiciary coordinates with Pending opinions on draft laws and provide 08/19 best suitable expert for this parliamentary oversight task. committees, with due respect for recommendations on their improvement. judicial independence and freedom Provide expert support to the HCJ members in New Justice is looking for a from interference. Pending obtaining practical skills of advisory opinions 08/19 best suitable expert for this

drafting task.

New Justice will continue to Support the HCJ in developing recommendations support the HCJ in these how to comply provisions of the Law on the HCJ, Pending 08/19 activities when rebooting of Rules of Procedures of the Parliament, and Rules the judiciary completed under of Procedures of the HCJ. the new law 1008.

Sub-Objective 2.3: Social Accountability - Judiciary Held Accountable by Citizens, Civil Society and Independent Media

138

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Political Economy Analysis (PEA) on partner CSO New Justice is in the process 12/19 to find international experts challenges and opportunities to contribute to Postponed judicial reform conducted. and train program staff to conduct PEA. Assessment of CSO capacity to monitor and contribute to the implementation of judicial 12/18 Achieved reform completed Up to four CSO projects on monitoring judicial Currently twelve New Justice performance evaluation, selection and discipline CSO partner projects are ER 2.3.1 Citizens and CSOs actively as well as overall judicial reform implemented underway contributing to participate in and monitor judicial citizen and CSO monitoring of reform processes at the local and judicial reform and 09/19 In progress national levels. participating in together with GOU partners. New Justice is expecting at least five more CSO project concepts on these subjects the next quarter. 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 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 ER 2.3.2 Court operations improved court consolidation process. through direct citizen feedback (e.g., TOT for CSOs who provide Citizen Report Cards 22 individuals representing CRCs) (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

139

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Partner CSO conducted training sessions for court staff on CRC implementation in all oblasts 03/19 Achieved CRC completed in 16 of Ukraine. oblasts and currently underway in 7 more All Ukrainian courts implemented CRC surveys. 09/19 In progress oblasts and the City of Kyiv.

At least five new formal linkages between Thirteen CSO partners judicial reform oriented CSO and their GOU implement 40 MOUs with GOU ER 2.3.3 Formal linkages between 09/19 In progress and local government entities, partners newly established or strengthened civil society and judicial, New Justice expect five more governmental and parliamentary in 2019. institutions established (through, New Justice is in the process e.g., MOUS or joint strategies and PEA of New Justice governmental and non- to find international experts action plans). governmental partner cooperation, issues and 12/19 Postponed and train program staff to challenges completed conduct PEA. Estimated completion date is June’19 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 mechanisms communicated to the judiciary and policy makers. Conduct analysis of the survey results and ER 2.3.5 Citizen reports to anti- discuss the outcomes with the civil society and 09/19 Achieved Same as above. corruption organizations and judiciary. agencies increased. Complete 2019 survey of the public awareness Starting date for this activity is on corruption reporting procedures and 09/19 In progress scheduled on second quarter mechanisms of 2019. Conduct analysis of the 2019 survey results and discuss the outcomes with the civil society and 09/19 In progress Same as above. judiciary.

140

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Second round of partner CSO organizational New Justice CSO Capacity capacity assessment conducted. Development Expert 12/18 Achieved conducted assessment of ten Program 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 organizational capacity building roadmap development ER 2.3.6 Judicial-reform oriented Program Management workshop for CSOs New Justice cancelled this CSOs organizational capacity score participating in Public Integrity Council 06/19 Cancelled activity according to increased. developed and conducted stakeholder program agendas Strategic management sessions for at least 5 Partially Strategic sessions conducted for judicial reform-oriented CSOs conducted 06/19 achieved three partner CSOs

Distance training program on organizational capacity development for judicial reform New Justice changed 03/20 Postponed completion date for this activity oriented designed and implemented. for next Program Year

Monitoring and Evaluation Handbook for judicial reform oriented CSOs developed and distributed New Justice changed 06/20 Postponed completion date for this activity to partner CSOs. for next Program Year

ER 2.3.7 Professional associations Bar Professional Conduct Rules revised The expert finalized the 11/2018 Achieved review of Bar Professional and Bar associations increase Conduct Rules

141

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY capacity for self-regulation and Comparative law materials on the constitutional New Justice supported the professional standards among provisions regarding role and status of the bar development of the draft Law members. developed on Bar and Legal Practice. This draft aims at fixing the current 09/2018 Cancelled gaps in the legislative regulation, along with ensuring the implementation of the constitutional 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. 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

142

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Regional series of training programs for New Justice jointly with SJRP journalists conducted supported the HCJ in conducting the Forum “Independent Courts and Free Media” with workshops on judicial journalist for regional 05/2019 Achieved media to highlight the importance of upholding journalism standards and procedural laws’ limitations ER 2.3.8 Quality and volume of when it comes to investigative investigative journalism and other journalism and media coverage of court cases. media reporting on corruption, judicial misconduct, judicial reforms, high- Courts and Media Manual for Journalists updated Manual is in open access profile court cases, and other rule of and disseminated online. New Justice will law issues increased. 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 Journalists, shared and consultations to 09/2020 In progress interested partners conducted. journalists on how to highlight court cases and other relevant topics. CSO monitoring of financial asset declarations New Justice continues to submitted by judges and court staff conducted monitor activities of CSO ER 2.3.9 Media and CSOs analyze partners who conduct analysis of financial and assets and publicize financial and asset 09/2020 In progress declarations compared to actual declarations of judges and lifestyle. court staff including analysis conducted by Public Integrity Council.

143

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Objective 3: Administration of Justice Enhanced

Sub-Objective 3.1: Judicial Administration Institutions, Policies, and Procedures Strengthened Coordination of activities between HCJ and COJ ER 3.1.1 Judicial administration takes place in a structured and sustainable HCJ established coordination 09/2017 Achieved bodies function in more coherent and format councils coordinated fashion.

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 The draft framework has been prepared, presented, and discussed with prepared and is pending SJA 12/2019 In progress members of the HCJ, COJ, and SJA. feedback. Estimated completion date changed. Training in IT and Strategic Planning for HCJ's Postponed due to changes in permanent IT Commission members conducted. the composition of the HCJ. Once new HCJ leadership and 09/2020 In progress ER 3.1.2 Strategies, policies, and members are in place, New procedures for managing court Justice will work on operations, and providing quality implementing this activity. services to the public implemented. Comprehensive HCJ strategic plan for the Postponed due to changes in development and implementation of IT solutions the composition of the HCJ. Once new HCJ leadership and and other changes called for by Ukraine’s new 09/2020 In progress procedural codes prepared. members are in place, New Justice will work on implementing this activity. SJA’s needs to create comfortable conditions for SJA provided its assessment report regarding creating the work of jurors in courts assessed 06/2019 Achieved comfortable conditions for the work of jurors in courts TOR for Business Process Analysis for the courts Suspended subject to funding 06/2019 Suspended prepared and service providers identified. availability.

144

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY BPA for HCJ completed. New Justice will present 06/2019 Achieved outcomes of the BPA in early August 2019 Survey of users of the e-Court module developed by the SE "Information Court Systems" New Justice expects report to 08/2019 Achieved conducted, recommendations prepared and be ready by August 1, 2019 presented to SJA. Cybersecurity risks management training 09/2020 In progress Moved to next period designed and conducted for SJA and court IT staff Case weighting study designed and implemented, New Justice expects to case weights prepared for all courts 09/2019 In progress complete the case weighting ER 3.1.4 Courts hear and conclude study by September 30, 2019 cases in a timely manner and without undue delays. Timeliness of court proceedings evaluated, Will be evaluated under grant recommendations for improvement prepared 09/2019 In progress program and submitted to the HCJ, COJ and SJA ER 3.1.5 Judicial budgeting, financial management, internal controls and Judicial budgeting practices evaluated, report external auditing improved and with recommendations prepared and submitted 04/2019 Achieved compliant with national laws and to COJ, SJA, and HCJ international best practice Processes and procedures currently governing ER 3.1.6 Judicial procurement court procurement evaluated, and systems more transparent and recommendations prepared and submitted to 04/2019 Achieved compliant with national laws and COJ, SJA and HCJ international best practices

Sub-Objective 3.2: Professional Competencies and Expertise of Judges and Judicial Personnel Improved

145

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Judicial training program on anti-corruption Will happen in the next Program Year. New Justice issues and handling corruption cases updated 09/2018 Pending changed estimated completion date for this milestone. Training program for newly appointed judges of An Orientation Training 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 Court justices justice a set of manuals and publications produced under ER 3.2.1 NSJ methodologies, core FAIR and New Justice, including tools and resources curriculum, and trainers Achieved on such topics as Rule of Law, 12/2017 strengthened and meet Human Rights, Judicial international standards. 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

146

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 co- operating 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. their work with jurors developed May 17, 2019 instead of 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

147

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 Curriculum Framework developed Maureen Conner to develop such materials Workshop on modern internationally recognized New Justice involved International expert Mr case management practices for SC justices 07/2019 Achieved conducted Giuseppe Fazari to develop 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 In progress international criminal law application in conflict context conducted. TOT for NSJ faculty members to teach the Chief Judge Leadership Program, Court Administrator New Justice involved International expert Ms Leadership Program, and Executive Team 09/2020 In progress Maureen Conner to develop Leadership Program for chief judges and court and conduct such TOT administrators conducted

148

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

curriculum framework development. Task 3.2.3.2. Write teaching lesson plans and student materials for all programs/modules that are selected for the court administrator leadership comprehensive curriculum framework; if necessary identify desired ER 3.2.3 Judicial personnel knowledge and skills for additional faculty, select 09/19 Achieved the additional faculty and conduct faculty demonstrate competencies in key areas of management and operational training to teach the new curriculum framework. support. 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 09/2019 representatives of Institute of Court Management In Progress NGO to increase capacity of court administrators NGO. Linked to ER 2.3.6.

149

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY 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. New Justice is currently Training program for SC staff developed and 01/2019 Suspended assessing the feasibility of such a conducted program

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

New Justice involved Chief Judge and Court Administrator Leadership International expert Ms. ER 3.2.4 Attitude of judges and 02/2019 Achieved judicial personnel of themselves and Comprehensive Curriculum Framework developed Maureen Conner to prepare such curriculum framework their peers is positive (e.g., self-image as honest, professional, performing a public service, not-corrupt). New Justice involved Teaching lesson plans and students’ materials for all International expert Ms. 09/2019 Achieved programs/modules that are selected for the Maureen Conner to develop comprehensive curriculum framework developed. such materials

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

150

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY ER 3.2.5 By the end of the Program, the NSJ is able to provide high- quality, modern, professional No activities planned for TBD N/A N/A development services to judges and FY2019 judicial personnel with limited donor support. Sub-Objective 3.3: Mediation and Alternative Dispute Resolution (ADR) Strengthened Strategy and Recommendations developed and The activities postponed for presented to Ukrainian stakeholders for how the next work planning mediation would be best implemented in Ukraine periods. It caused by the not 09/2020 Pending adoption of the Draft Law on 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 mediation and other ADR processes in International and 2 local mediation and other ADR processes in Ukraine 06/2019 Achieved Ukraine completed. experts to complete such developed. analyses

Comprehensive Analyses of Current Context, Barriers and Opportunities for Developing 09/2020 In progress Mediation and Other ADR Processes in Ukraine presented.

151

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

Draft Law on Mediation developed 09/2020 In progress

152

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 FY2018. In framework of a grant NAMU developed training standards for mediators and presented ER 3.3.3 Professional association for them to the mediators’ mediators and other ADR practitioners community. strengthened. 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. Up to 40 social workers trained on how to refer cases for family mediation. 09/2020 In progress

Information campaign related to family mediation conducted in 5 regions by distributing 09/2020 In progress booklets in social services and in online sources

153

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY New Justice updated this milestone and estimated 30 judges, 30 representatives of regional free completion date for it. 09/2018 Cancelled NJ cancelled this activity legal aid centers, and 18 representatives of NGOs because it was foreseeing as a participated in referral trainings grant activity but no one ER 3.3.4 Professional knowledge, application received. expertise, and integrity of mediators The grant agreement with enhanced Draft textbook on mediation developed 09/2019 Achieved Ukrainian Academy of Mediation signed. The grantee started the implementation. Textbook "Mediation in the Professional Activity Ukrainian Academy of Mediation implements this of a Lawyer" developed. 12/2019 In progress activity with New Justice grant funding Ukrainian Academy of Mediation information campaign developed Mediation implements this 03/2018 Achieved ER 3.3.5 Mediation and other ADR 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

ER 3.3.6 Use of mediation and other No activities planned for TBD N/A N/A ADR processes in civil and 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 ER 3.4.1 Normative framework for Bilousov continues to conduct enforcement procedures drafted by the MOJ and In progress enforcement of judgments revised. provide recommendations 09/19 legal framework gap analysis to provide recommendations on legislation improvement.

154

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Support the MOJ Legislation Department in New Justice will support MOJ advocating changes by supporting discussions, Legislative Department as well as APEOU in revision of the presentations, etc, incl. the forum titled 08/19 In progress “Territory of Justice”. private enforcement system legal framework for further improvement of the rules. Continue to examine enforcement processes and New Justice expert Prof. Yuriy procedures, identify gaps and provide Bilousov continues to conduct legal framework gap analysis recommendations 09/19 In progress to provide recommendations on legislation improvement.

New Justice continues to Review rules and procedures adopted by the provide expert recommendations to the MOJ ER 3.4.2 Rules and procedures for Congress of PEAs to offer recommendations on licensing, oversight, and assignment 09/19 In progress and the APEOU regarding their improvement. improvement of Rules and of private enforcement agents Procedures regulating PEOs adopted. operations.

New Justice provides support to the APEOU Ethical

Train Ethical Commission of the PEO Association Committee in reviewal of the on international standards on conflict of interest 09/19 Pending provisions of the Code of management Ethics of PEOs to recommend next congress of PEOs regarding its improvement.

155

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY New Justice jointly with the PEOs Association surveys 57% of acting PEOs to assess their skills and knowledge needs. Support MOJ Working Group in developing Results were presented to the standard curricula of initial trainings for the international and local 09/19 In progress PEOs candidates by conducting needs partners. New Justice assessment, surveys, etc. advocates their introduction into the current recommended curricula of candidates to PEOs position initial training provided by the MOJ. New Justice supported MOJ in rebooting compositions of Review qualification rules and procedures PEOs Disciplinary and In progress Qualification Commissions. established by the MOJ. And provide 08/19 New Justice will continue to recommendations on their improvement improve disciplinary practices of PEOs and qualification requirements. Review Disciplinary rules and procedures In progress established by the MOJ and provide 07/19 Same as above.

recommendations on their improvement Review rules for conducting functions and In progress oversight and provide recommendations on their 07/19 Same as above

improvement

156

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY As a first step in such assessment New Justice jointly with the PEOs Association surveys 57% of acting PEOs to receive their evaluation of the effectiveness of the Review current structure of the association, Association, its budget and legislative requirements and its actual SOW and structure. Secondly, while provide assessment of capacity needs, involve 09/19 In progress developing the TOR for the foreign expertise on the best standards in APEOU web-site New Justice establishing self-governing organizations. assists Association need in order to identify which of them could be improved or ER 3.4.3 Association of Enforcement automated. New Justice will Agents established and cadre of continue to help APEU grow private enforcement agents trained its capacity and strength. and certified.

During the previous reporting period New Justice will supported round table Support Regional discussions of the practical discussion in Odessa devoted aspects of the operation of private enforcement to the issues of PEOs In progress officers and develop recommendations for the 09/19 involvement in bankruptcy MOJ procedures, best IT solutions for efficient enforcement and effective advertisement of the profession at legal market.

157

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY New Justice is looking for the Explore best international standards if best suitable expert. ER 3.4.4 Enforcement agents evaluation of quality of services provided by the 08/19 In progress equipped with the necessary PEOs systems, tools, and sufficient budgetary support to manage case New Justice IT expert Dmitriy load and adequately care for assets In progress Kisilyov finalized the TOR for Provide assistance in developing PEOs official under their supervision. 09/19 Association renewed web-site. web-site. APEOU leadership is currently consider the document.

Selected by New Justice PlusOne company developed Support public awareness campaign I HAVE A In progress animation “Guide on RIGHT! In relation to the right on enforcement of 09/19 Enforcement Proceedings@ court decisions that was released by the MOJ and included into the national ER 3.4.5 Judgments are enforced in I HAVE A RIGHT! Campaign. a timely and effective manner. New Justice jointly with the PEOs association constantly Outline the baseline for the private enforcement monitor PEOs effectiveness and collects respective based on the initial statistical data available for 09/19 In progress statistical data. Respective the first operational years. data was provided in the Section II. Context Update of this report. Objective 4: Quality of Legal Education Strengthened

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

158

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 12/19 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.

159

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 12/19 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.

Draft Legal Education Standards for Master’s MOE approved the Legal Degrees in Law developed and prepared for the Education Standards for MOE approval. Bachelor’s Degrees in Law. New Justice continued to support the MOE Sub- Committee on developing draft Legal Education 12/19 In progress Standards for Master’s Degrees in Law. New Justice will host the meetings of the MOE Working Group on Legal Education Standards to develop and finalize the draft Legal Education Standards for Master’s Degrees in Law.

160

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

161

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Up to three roundtable stakeholder discussions After the MOE adopted the of the national standards for legal education Legal Education Standards for conducted Bachelor’s Degrees in Law and Master’s Degrees in Law, New 12/19 In progress Justice is considering presentation of such standards to interested stakeholders.

External, independent, onsite assessment of legal Presentation of the Assessment Report with education quality at the NUOLA conducted 03/17 Achieved ER 4.1.3 Law schools revise policies, Recommendations will take procedures, and legal education place on May 29, 2017. practices in compliance with CNU and NUOLA revised their policies, Odesa Law Academy prepared national standards for legal procedures and legal education practices in light its Action Plan for education and accreditation. of the ESG, best international legal education Implementation of New practices, and national standards for legal Justice’s Expert Recommendations following education and accreditation the external, independent, onsite 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 Ukrainian bar associations 11/2016 Achieved it together with the Association of Ukrainian Lawyers.

162

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 curricula to be in line with the adopted legal School Curriculum based on education standards developed the Bologna requirements and 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 12/19 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.

163

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 on the objective, pre-established criteria External, Independent, On-Site developed Assessment of Legal Education Quality. Further, New Justice ER 4.1.4 A minimal standard and supported the recently- gold standard accreditation is established National Agency adopted to increase competition 12/19 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 12/19 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

164

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

New Justice presented the External, independent, on-site assessment of Assessment Report to the law legal education quality at the Yaroslav Mudryi ER 4.2.1 Policies and procedures for school administrators, faculty, Law University conducted and the Assessment 02/18 Achieved students, and other quality assurance frameworks Report publicly presented. stakeholders, including the based on international standards 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".

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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.

166

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 Quality Assurance in the European Higher ER 4.2.2 Law school administrators, Education Area (ESG) and the ESG-based faculty leadership, instructors, and 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.

New Justice will continue to Draft Bylaws on a Legal Education Quality work with the MOJ and the Assurance Unit finalized and promoted among 12/19 In progress MOE on finalizing the draft leading Ukrainian law schools Bylaws and promoting them among leading law schools. Sub-Objective 4.3: Practice Oriented and Skills Based Instruction, Curriculum, and Activities Integrated

167

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

168

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

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

169

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

cooperation with one American and four Ukrainian law schools.

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

171

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 will continue to advocate for effectively prepares law student for career in the judiciary and other legal law schools to use boards of career in the Judiciary and other legal professions developed external advisors to improve 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.

172

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. 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.

173

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Model Regulation on a Legal Clinic of a Higher Educational Institution approved by the 08/19 Pending respective ministries and presented to ER 4.3.3 Law school legal clinics stakeholders. (including specialized clinics) developed and integrated into formal Model syllabus for the Legal Clinical Education 09/19 In progress curriculum. course developed. Three monitoring missions to legal clinics Two monitoring missions 09/19 Partly achieved. conducted. conducted. Current practices and challenges related to ER 4.3.4 Judicial clerkship program organizing externships for students to 09/2019 Pending created in coordination with judicial stakeholders assessed. self-governance bodies and courts. Roundtable discussion on externships and 09/2019 Pending clerkship conducted. 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, Mandatory, external, independent, standardized and logical thinking test akin ER 4.3.5 Independent, external entrance exam (MEISEE) for master’s degree to the Law School Admission examinations for law school Test (LSAT) in the United programs in law implemented nationwide in 08/17 Achieved admissions and graduation States, legal knowledge test, 2018 implemented. and a foreign language (English, German or French) test. The UCEQE automatically 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.

174

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

In December 2018, the MOE- developed and MOJ-approved Rules of Admission to HEIs in 2019 entered into force. The Rules set the minimum Minimum number of score points per each number of score points for 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.

175

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.

176

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 12/19 In progress Ukraine. On July 17, 2019 the 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 continues to advocate for the establishment of a joint, MOE- MOJ Task Force on USQE and will provide expert support to developing the roadmap to the USQE implementation. Memorandums of Understanding with key legal ER 4.3.6 Memorandum of Understanding concluded with key education reform stakeholders to ensure smooth New Justice concluded the implementation of the USAID Nove Pravosyddya Protocols of Cooperation legal education partners to sustain 09/17 Achieved (PoC) with the key USAID investments after the end of Program and sustainability of USAID governmental partners, the Program. investments after the end of the Program namely the MOE and the MOJ. executed

177

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 2018-2019 CRC surveys in all Ukrainian courts ER 5.1.1 Physical, geographic, conducted and assessed existing barriers in 09/19 In progress 11 partner CSOs completed cultural, financial, informational, legal access to courts. CRC surveys in 16 oblasts. and procedural barriers to the courts Surveys in seven more removed or lowered for all citizens, Recommendations to remove or lower barriers oblasts and the City of Kyiv including vulnerable groups. in access to courts developed and communicated 12/19 In progress are currently underway. to GOU.

178

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, 09/19 In progress currently are under New geographic, cultural, financial, informational, Justice grant review. legal and procedural barriers to courts. 2018-2019 CRC surveys in all Ukrainian courts 11 partner CSOs completed conducted and assessed citizens’ access to court CRC surveys in 16 oblasts. information. 09/19 In progress Surveys in seven more oblasts and the City of Kyiv are currently underway. ER 5.1.2 Citizens’ access to court Recommendations to increase citizens’ access to CRC implementers will information increased. court information developed and communicated develop mentioned

to GOU. 06/19 In progress recommendations and

communicate them to

courts and GOU institutions Up to three grant projects awarded under the Concepts collected and APS contributing to increasing access to court 12/19 In progress currently are under New information. Justice grant review.

179

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 Achieved recommendations to HCJ, 09/19 partially COJ and SJA, although needs to revise them taking ER 5.1.3 E-justice systems accessible into consideration current to citizens to ease case filing, tracking, SJA implementation of e- document submission; payment and justice systems, court other court procedures and consolidation process and transactions. results of CRC surveys Since 2019 all courts in Ukraine implement e- justice in pilot testing User satisfaction surveys in 17 pilot courts mode. New Justice updated implementing e-justice conducted 09/19 Achieved CRC questionnaire with

specific questions regarding e-justice elements. ER 5.1.4 Citizens access to court- Activities under this ER are annexed mediation/ADR processes TBD N/A N/A conducted under ER 3.3.4. and developed under 3.3 increased. 3.3.5. Task 5.1.5.1. Under APS support NGOs in their ER 5.1.5 Awareness of the rights of activities aimed at increase awareness of the Persons with Disabilities, SGBV 02/19 rights of people with disabilities among judges Achieved survivors, IDPs, veterans and other and improving access to justice for people with vulnerable groups is increased among disabilities.

180

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY judges, judicial personnel and Standards and criteria for participation of sign Grantee in cooperation with advocates. language interpreters in court hearings All Ukrainian Organization of developed and presented to judicial institution to Ukrainian Association of amend the law with purpose of clear legal People with Hearing 12/18 Pending Impairments provided regulation of sign language interpreters recommendations into current participating in court hearings. Draft Law on Regulation of 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 12/19 Pending appropriate grantee when the

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

protection of their rights through the courts Roundtable with the involvement of the COJ, FLA Panel discussion on the representatives, Police, Prosecutor’s Office, and importance of unified ER 5.1.6 SGBV survivors, children Ministry of Social Policy to discuss a unified approach in practical and other vulnerable victims or approach in practical implementation of the Law implementation of the Law on 06/19 Achieved Prevention and Counteraction on Prevention and Counteraction on domestic witnesses afforded greater on domestic violence protections. violence conducted conducted during Second All- Ukrainian Forum of Women- Lawyers in June 1-2, 2019.

181

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY Grant issued to support NSJ in developing New Justice grantee La Strada training course for judges on implementation of Ukraine jointly with NSJ the COE Istanbul Convention developed and piloted the 10/2018 training course for judges on Achieved adjudicating domestic violence 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 Roundtable on the importance of ratification the Planned for the next reporting Istanbul Convention conducted period after the Parliamentary 12/19 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 09/20 Pending appropriate expert in the next for GBV and SGBV survivors provided. reporting periods. ER 5.1.7 Citizens, including First in Ukraine up to seven Community Justice Three CJCs established and vulnerable groups, actively Center in Ukraine established and strengthened. Partially functioning, two more are 12/19 participate in access to justice achieved currently under New reforms. Justice consideration.

182

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY 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 12/19 In progress Legal Aid Provision (CLAP); CLAP is currently drafting the strategy mentioned in this milestone. Sub-Objective 5.2: Human Rights Protected, especially the rights of the most vulnerable

Training curricula for judges on application of the IHL and protection of the rights of the most Training program piloted in 09/19 Achieved vulnerable in armed conflict context developed Kharkiv and Dnipro.

Expert working group to develop the training Expert working group to program for judges on humanitarian law and 03/18 Achieved develop training program ER 5.2.1 Awareness of human rights human rights protection in conflict context established. and humanitarian law, how to established exercise those rights, and the role of Round table on IHL and ICL application in armed the courts in protecting human Achieved conflict related cases with justices of the 04/19 Round table conducted rights increased among judges, judicial personnel and advocates Supreme court conducted ToT on on application of the IHL and protection The ToT is planned for of the rights of the most vulnerable in armed 11/19 In progress November 26-27 conflict context conducted RFA for conducting ToT is issued. CSO is selected. The Training of trainers program on juvenile justice Grant Selection Committee did 02/20 In progress conducted not recommend the winner. The RFA will be announced the next reporting period.

183

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY 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. The RFA will be announced the next reporting period. 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 10/19 In progress 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 ER 5.2.2 Increased number of reporting period. human rights and humanitarian law MOJ's Open Office, Donetsk and Luhansk regional Achieved Donetsk and Lugansk regional 03/18 cases resolved departments are supported. departments supported Open Office supported.

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

184

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

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

“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 ER 5.2.3 Referral networks among developed community advisors. judges, judicial personnel, Referral networks among judges, judicial Methodology developed, advocates, social workers, health personnel, advocates, social workers, health piloted and presented to MOJ. 09/18 Achieved workers, police, and community workers, and police and community leaders are Key stakeholders signed MoU leaders strengthened in place to continue cooperation. Recommendations provided Recommendations on juvenile justice 03/18 and presented to MOJ and Achieved development in Ukraine developed Interdisciplinary Council on JJ Grant issued to Ukrainian Community advisors institute developed in Legal Aid Foundation to 09/19 In progress Ukraine support the activity. Two training sessions conducted.

Independent non-governmental legal aid 09/20 Pending providers institute developed. National standards on teaching child rights New Justice is waiting work protection for all professionals working with 03/19 Pending plan confirmation from the children including judges and lawyers developed. MOJ

185

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY New Justice issued grant to Community advisors institute in Ukraine ULAF to support 11/19 In progress developed. community advisors institute 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 ER 5.2.4 Human rights coalitions implemented grant programs 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 01/2019 and presenting piloting results and advocating for human rights protection by the courts. of LHRI methodology

Manual for lawyers providing legal aid on communicating with people with mental and Grant issued to Human 02/20 In progress intellectual disorders developed. Rights NGO

186

Estimated Expected Result Milestone Statement Completion Status Notes and Explanations MM/YY 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 09/19 In progress

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

Innovations for justice are CSO supported in developing innovations for justice promoted among judiciary, program to facilitate dialogue between innovators and 09/20 In progress entrepreneurs, academia and judiciary. business though joint events.

Innovations for justice are promoted among judiciary, Justice Innovations Center established 09/19 In progress entrepreneurs, academia and business though joint events.

Justice Innovation Center opened. 10/19 Pending

187

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

Common strategy, action plan and “success criteria” for advancing innovations to ensure 10/19 Pending human rights protection and access to justice developed and approved.

Chief Innovation Officers and Legal Innovation Officers trained. 02/20 Pending

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

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

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

188

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 01008, Court composition, lifetime appointment of judges 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/

189

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]

190

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.

191

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 (Judicial governance body) • The HQC is composed of sixteen members: 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

192

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 https://grd.gov.ua/ implementation of appropriate grounds, the opinion on non- transparent and effective conformity of a judge (a candidate for judgeship) 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.

National School of Judges of Rector – Mykola Onishchuk • The NSJ is a state body with special status in High: 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, Address for correspondence: / 30, • The NSJ is established by the decision of the HQC ongoing training of judges 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

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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

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 e/ judicial system, justice administration, status of E-mail: [email protected] judges, enforcement of judgements and other issues concerning the functioning of the Ukrainian judiciary.

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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

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, body) consider issues related to legal and social protection 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

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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 http://minjust.gov.ua/ Verkhovna Rada judgements forming of an • 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 481 4771, issues of innovation and information technology, E-mail: [email protected], and intellectual property rights), youth, physical www.mon.gov.ua culture and sport

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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 Tel: +38 (044) 425 6001, protection of individuals throughout Europe 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 (Donor) implementation, and monitoring of projects area and legal education 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.

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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. Phone/Fax: +38 093 897 88 44 selection of new Supreme Court judges, creation of https://www.pravojustice.eu/ the Judicial Reform Council, restructuring of MOJ, 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 (Grantee) leading Ukrainian anti-corruption organizations 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 https://ti-ukraine.org/en/ corruption policies, and nurturing a network of awareness about PIC skilled anti-corruption activists. activities.

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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] (Grantee) organization is a member of the coalition of 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.

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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 [email protected] • Key activities include promoting judicial reform in decisions of the both the Phone: +38 057 714 99 52 Ukraine, combatting corruption, electoral laws, and HQC and HCJ, as well as www.iahr.com.ua human rights protection. the PIC opinions issued in 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

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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 (Grantee) organization that was founded in 2015 by alumni of 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 High: Serhii Chvankin, Chief Judge of non-profit organization which aims to improve court Judges of Ukraine • The AIJU is a partner of Kyivskiy District Court of Odesa, Head administration practices and implement innovations in (AIJU) New Justice in a number of of Association the work of the court. Established by judges and has key areas related to the judges as members. (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” • Lviv Law School is a non-governmental Medium: Roksolana Lemyk, Head of the Lviv organization established in July 2014 to conduct • The Institute is Law School (Grantee) analytical professional legal research, as well as competitively selected to scientific and educational events. implement grant project Address: 14 Sichovykh Striltsiv Str., • The organization brings together academic experts on monitoring SC Lviv, 79000, Ukraine in the field of law (professors, associate professors, decisions [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 (Professional association) of the profession and unites all private enforcement 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 Kyiv, 03680, 50 nations to the Ukrainian government and other Tel.: +38 (044) 490 5800, governments-economic partners of Ukraine on Fax: +38 (044) 490 5801, matters of trade, commerce, and economic reform E-mail: [email protected], • The Anti-Corruption and Bar Legislation Working http://www.chamber.ua/ Groups established within the ACC

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 Website:е http://nlu.edu.ua/ education system

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 Website:е http://onua.edu.ua/ education system

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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 Fax +380-372-552914, education system E-еmail: [email protected] Website: http://www.chnu.cv.ua/

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 E-еmail: [email protected] the nation-wide legal Website: http://law.ucu.edu.ua education system

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Medium: Vasyl Stus Donetsk National • A leading Ukrainian law school Dean – Antonina Bobkova • Participated and continues University, Law School • Has been actively participating in a number of New to participate in a series of Justice programs and events with an impact on the Address: 2 Grushevskogo Str., New Justice activities and nation-wide legal education system Vinnytsya, 21050, Ukraine events making an impact T l. +380 (432) 50 8947 on the modernization of E-mail: [email protected] the nation-wide legal Website:е http://law.donnu.edu.ua/uk- education system 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

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 Website:е www.lku.org.ua judiciary, civil service, law enforcement agencies,

disclosure of public/budget expenditures and wealth of officials

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

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. E-mail: level positions. [email protected] Website http://women.lviv.ua

NGO “La Strada Ukraine” • LSU is focused on conducting research on human Medium: (LSU) trafficking, sexual exploitation of children, gender- A New Justice grantee, LSU President – Olga Kalashnyk based violence, including domestic violence, jointly with NSJ is finalizing a (Grantee) discrimination, and on developing initiatives to Curriculum for judges on Address: 71/2 Peremogy Str., office. improve state policy and public awareness on these Adjudicating Domestic 32, Kyiv, 03113 areas. LSU also operates a Hot Line on prevention, Violence Cases. Tel. +38 044 205 36 95 providing with consultations on safely going abroad 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.

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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 (Grantee) judges. 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 Law System of the Future” E-mail: [email protected] integration into European social democratic activity in Sumy Oblast. The (economic) dimension. 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 grantee also conducted a judicial tournament among the pupils of Sumy schools.

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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 Judicial Reform at Local and / +38 044 337 5101 over policy implementation; (4) interaction with National Levels” activity in 14 E-mail: [email protected] stakeholders. 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., (Grantee) internally displaced persons of Donbas and Crimea; Level: Simply About Zaporizhzhia, 69065 Zaporizhzhia (4) monitoring of openness and transparency of Complicated Things” in oblast public authorities and local self-government; and Zaporizhzhia Oblast. The Phone: +38 067 106 1340 (5) monitoring of human rights observance 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 (Grantee) and activities of the Ukrainian Helsinki Group to effective in carrying out their Promote the Implementation of the Helsinki tasks in the provision of legal Accords on Human Rights. 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 (Grantee) to join their efforts in order to: by establishing effective - develop common approaches for legal aid in the communication between communities providers of legal aid in - summarize and analyze typical communities and courts, applications\requests monitoring activities of legal - standardize the provision of legal aid. 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] (ChPCHRP) defend human rights and fundamental freedoms in access to justice for asylum order to secure principles of human dignity and seekers, migrants and other (Grantee) promote a democratic legal society. 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 raising awareness of the NIS Enterprise Fund, IRF and Microsoft, amounting innovative opportunities and to about $1.8 million in grant and non-grant funds. 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 access to justice for persons and protect the rights of people with disabilities in with mental health and Ukraine. The organization's vision is that people intellectual disabilities by with disabilities in Ukraine are full and equal in raising awareness of judges, their rights members of society. 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] (Grantee) implementation of the norms and principles creating an effective regional contained in the international documents ratified by network of legal Ukraine as well as other obligations of Ukraine in commentators by the forces of the sphere of human rights and fundamental lawyers, experts in the field of freedoms. 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.

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 (CPLR) was recognized as one of the most transparent 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.

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

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 (Grantee) various projects and actions. Over the years, the of representatives of the organization has accumulated extensive experience Roma minority and expand in working with the Roma, especially in the their access to justice. protection of their rights and interests. The Fund 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.

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] (Grantee) safeguarding of human and civil rights and aimed at raising awareness fundamental freedoms in accordance with the among senior people in the Constitution, Ukrainian legislation and city of Lviv and Lviv region international legal agreements on human regarding their rights and rights. It also aims to promote the formation of ways to protect them, particularly through trial, as civil society based on the principles of the rule of well as increasing the level of law and development of legal culture and citizens' citizens' trust in the judicial legal consciousness. system of Ukraine through

familiarization with judicial procedures and trials.

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

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] (Grantee) environmental protection purpose. EPL provides and environmental rights of free legal consultations to citizens on protection of citizens through education for their rights, handles court cases, does law drafting judges. and commenting, analyzes and develops environmental policy, develops environmental education and culture.

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

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] (Grantee) professionals to gain and deepen their knowledge citizens and lawyers with on mediation and other alternative dispute information on alternative resolution methods. The forum rapidly gained extrajudicial and peaceful popularity. In 2017, more than 130 lawyers from settlements of disputes and different regions of Ukraine participated in it giving citizens an opportunity (almost one-third of the forum participants were to apply for gratuitous judges of virtually every jurisdiction, almost half of mediation service. all participants were attorneys for the defense, and the remaining part were legal professionals from UAM is implementing the among lawyers and academia representatives). On a project “Support of Legal permanent contractual basis, UAM cooperates with Higher Institutions Through the courts of various jurisdictions (Commercial the Development of Court of Odessa Oblast, Odessa Circuit Methodological Support for Administrative Court, Kyiv District Court of Odessa, Educational Process of etc.) in order to raise awareness of judges on the Mediation Disciplines in Order issue of mediation and develop draft amendments to Improve the Quality of to procedural codes with the view of extensive use Legal Education and Promote of mediation in Ukraine. 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 Textbook for lawyers’ training.

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

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 Ukrainian families to ensure in their quest for development and the observance of children's professionalization; promote the values and rights and reduce the burden practice of family mediation for Ukrainian families. on the courts by informing Our great dream is that every Ukrainian would and providing access to family know about family mediation. mediation as an alternative • At this moment AFMU: is coordinating work of way of settling disputes experts on Standarts of training of family 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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Counterpart/Beneficiary Importance to the Project/ Counterpart/Beneficiary Contact Information Description Role in the Project

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 e-mail: [email protected] resolution who understand the value of joint efforts mediators and presented them to in development of their professional sphere. The the mediators’ community. Association was registered in 2014. NGO "NAMU" 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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Counterpart/Beneficiary Importance to the Project/ Counterpart/Beneficiary Contact Information Description Role in the Project

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, (CCI) carries out expert, research, legislative and project aimed at promotion of 79018 educational activities. The main partner of CCI is the the effective implementation (Grantee) Law School of Lviv National University named after of the constitutional Telephone: +38 (096) 274 25 36; Ivan Franko. complaint in the actual +38 (032) 239 50 59 mechanism of human rights [email protected] protection in Ukraine through http://www.cki.org.ua/ the multilevel informational 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 number of NGOs from Western Ukraine, as well as system of continuous training Email: [email protected] Grantee other human rights organizations in Ukraine and of sign language interpreters 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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Counterpart/Beneficiary Importance to the Project/ Counterpart/Beneficiary Contact Information Description Role in the Project

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 Democratic Development rights in Donbas. facilitating access to justice for Agency” Activities: people with disabilities in Telephone: +38-093-507 76 95 • Legal research and legal education; Donetsk and Luhansk oblasts E-mail: [email protected] Grantee • Protection of rights of internally displaced persons through implementation of in Donbas effective mechanisms for • Development of draft regulations and their monitoring the rights of promotion in state authorities and local self- people with disabilities and government. raising awareness of judges • Monitoring of human rights violations in the region and court staff about the • Lobbying of public interests in the state authorities rights of people with and local self-governments disabilities.

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H. Success Stories SNAPSHOT Establishing the High Anti-Corruption Court to Tackle Top Corruption in Ukraine

The establishment of the High Anti- Since Ukraine’s independence, corruption has been a major obstacle to the Corruption Court marks a significant country’s democratic, economic, and social development. Recent national milestone in creating the critical public opinion surveys indicate that combating corruption is a top priority for infrastructure for tackling corruption in Ukrainians. Ukraine in line with public expectations. The Ukrainian government has demonstrated a strong commitment to taking meaningful steps in combatting corruption, including creation of the National Anti-Corruption Bureau (NABU), the Anti-Corruption Prosecutor Office (ACPO), and the National Agency for Preventing Corruption (NAPC). Throughout this process, it became clear that further establishment of a specialized court to properly adjudicate high profile corruption cases initiated by the NABU was necessary. At the same time, the Ukrainian judiciary remained unprepared to fully address this challenge. The new Law on the Judiciary and Status of Judges, which created the High Anti-Corruption Court (HACC), was adopted in 2016. Since then, USAID has supported Ukrainian policymakers in its establishment. Through the New Justice Program, USAID provided assistance in identifying best practices and lessons learned from other countries that have successfully launched similar PHOTO: USAID New Justice Program courts, including various models from the Philippines and Indonesia to Croatia, Serbia, and Slovakia. High Anti-Corruption Court representative receives high-powered computers and networking USAID supported Ukrainian experts and the donor community in developing equipment procured by the USAID New Justice a “common understanding” for creating the court in line with international Program to support the day-to-day work of judges and European standards, and provided recommendations on preparing draft and staff. legislation that resulted in the establishment of the Public Council of

International Experts which successfully vetted candidate judges for the "We have a great team and great staff, and all HACC. In addition, USAID assisted in conducting a comprehensive the development challenges can be overcome, orientation program for newly-appointed judges, focusing on judicial ethics, opinion writing, considering complex criminal cases, and effective including with your (USAID) support. The road communications, followed by a succession of dedicated programs for judges that we embark on has been walked by many and staff on leadership and court management. New Justice also supported already, therefore exchanging experiences helps the HACC in drafting a strategic plan for 2019-2021, assisted in courthouse us avoid mistakes. Thank you very much for design, and procured high-powered computers and networking equipment to supporting the HACC.” support the day-to-day work of judges and staff. The HACC became operational on September 5, 2019. It is vitally important — Olena Tanasevych, Chief Judge of the High for the HACC to fairly and effectively adjudicate corruption cases in a timely Anti-Corruption Court manner with integrity and professionalism, serving as a model for other courts. This will ultimately contribute to inspiring greater public trust and confidence in the judiciary and government at large, and will lead to the further democratic, economic and social development of the country. For these reasons, USAID remains committed to supporting the court in its further development.

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SNAPSHOT Using Innovative Technology to Increase Access to Justice in Ukraine Young innovators are using their tech skills to With the era of big data comes the challenge of dirty data. In increase transparency in the justice sector in Ukraine, data on court decisions remains poorly structured, Ukraine. outdated, and difficult to access. This lack of easily unified, accurate, and accessible information means that citizens often are unable to get clear and timely information on cases and outcomes. However, with the ingenuity of young, tech savvy Ukrainians, all of this is changing with the support of USAID.

Co-founder Kyrylo Zakharov of the legal tech start-up Court on the Palm, is creating a more transparent judicial system in Ukraine one data point at a time. Kyrylo’s story with Court on the Palm began in June 2017, when he first announced the idea of creating an engine to search the Unified Registry of Court Decisions and integrating it with other open sources since data from the registry

itself proved insufficient to provide a holistic view or PHOTO: USAID New Justice Program understanding of court decisions. Through Kyrylo and his team’s work on Court of the Palm, Ukrainians can search, explore, and Kyrylo Zakharov speaks at the 1991 Civic Tech Center on visualize cases. his experience founding Court on the Palm. Through a partnership with SocialBoost, a Ukrainian civic tech NGO, the USAID New Justice Program supports innovators in "When data with texts of court decisions was developing start-ups focused on improving the justice sector. released, we saw an opportunity to apply our Court on the Palm participated in an incubation program that experience. To work with the largest public provided mentorship advice and allowed them to develop their database in the country is a challenge and we product in consultation with the State Judicial Administration, took it on.” creating synergy between the startup community and the judiciary to solve critical challenges. — Kyrylo Zakharov, Co-founder of Court on the Palm Thus far, around ten teams of developers use Court on the Palm API (Application Programming Interface) or some of Court on the Palm’s data in their products. About 300,000 to 400,000 individuals have now used data results produced by Court on the Palm. Court on the Palm also provided the entire search

functionality to several NGOs engaged in judicial reform and corruption, significantly increasing its user base.

Court on the Palm continues to innovate and offer additional services, such as modules that increase filters and data from state registries, an application that predicts case outcomes, and a legal chatbot on the Criminal Code to increase public awareness about criminal law and related court decisions.

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SNAPSHOT Raising Senior People’s Legal Awareness in Ukraine

Civil society representatives promote legal Ukraine is a country with a significant aging population. According to the protection of senior people through raising national demographic forecast, the proportion of people aged 60 or more awareness of their rights and ensuring access will be 25% by 2025. To address this statistic, the Ukrainian Government to justice services including free legal aid recently approved the Strategy of the State Policy on Healthy and Active Longevity of the Population for the period up to 2022. One aspect of the strategy implementation aims to increase senior people’s legal awareness. Pensioners are predominantly socially unprotected, below the poverty line, and are one of the most vulnerable population groups in Ukraine. While the Ukrainian legislation guarantees certain opportunities, there is still a lack of equal access to justice and legal aid for senior people. This problem is particularly serious in relation to the rural population. In response to these challenges, since 2017, USAID’s New Justice Program has been supporting the "Society and Law" NGO in promoting legal protection, increasing social activity and the level of senior citizens’ trust in the judiciary by improving awareness of their rights and means for protection (through the court and by using alternative dispute resolution PHOTO: USAID New Justice Program methods) as well as of access to justice services including free legal aid.

64 years old Nadia Zheykova from Volya Vysotska Village of Zhovkivskiy Raion, Lviv Oblast is one the 215 elderly citizens who has Nadia Zheykova participates in a focus group aimed at benefited from these efforts. At the age of 53 she had to retire to care for raising legal awareness of the elderly organized by the her sick father. When her father died and left her a legacy property, Nadia "Society and Law" NGO. was so depressed that did not claim the inheritance in time, not realizing the consequences of the delay. When she met with a notary two years "You should never stop halfway, you should never give later, her inheritance claim was declined since the deadline had passed. up. To protect your rights, you should address all The notary suggested an appeal to the court. agencies and even the court, you should not feel embarrassed.” In December 2017, Nadia participated in a focus group organized by the "Society and Law" NGO in a local library, where the organization's lawyer — Nadia Zheykova from Volya Vysotska Village of explained to her the legal procedure for lodging an inheritance claim to the Zhovkivskiy Raion, Lviv Oblast court. In January 2018, Nadia filed a claim in the Mostyskyi Raion Court of Lviv Oblast and represented her interests independently. As a result, she received a judgement recognizing her inheritance rights. Due to her proactive approach and by applying to professionals for a qualified aid, Nadia now is a lawful owner of the inherited property and can dispose of it at her discretion. "Society and Law" NGO is sharing this and other successful experiences to encourage senior citizens to defend and protect their rights.

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SNAPSHOT Raising Children’s Awareness about the Role of Courts in Ukraine School project of the Ukrainian judiciary Though the level of public trust in the judiciary in Ukraine has shown raises children’s awareness about the role of noticeable growth in recent years – from 5% in 2015 to 16% in 2018, it the court and the idea of justice through still remains low. One of the key factors of this increase is public interactive lessons conducted by judges awareness about the judiciary. In 2017, the Communications Committee of the Judiciary adopted a concept of direct court communications with the public. This document establishes children as one of the key audiences for the educational role of the courts, so that the new generation of citizens is raised with the understanding that courts are open and friendly institutions that serve people by fairly resolving their disputes. However, the judiciary has been actively seeking an alternative to traditional court tours or dry and uninspiring lectures on legal topics for kids.

In response to these demands, since October 2018, USAID through its New Justice Program, has been supporting the Association for the Development of Judicial Self-Government NGO, in cooperation with the Council of Judges of Ukraine, in conducting a nation-wide series of interactive lessons of justice in elementary schools to familiarize PHOTO: USAID New Justice Program children with the idea of justice and the mission of a court. The association produced a series of short dynamic cartoons about disputes between forest animals as well as a teaching guide with an engaging

lesson scenario using this cartoon. The lessons are facilitated by a judge, Children of the 3rd grade of one of Kyiv’s and enable children to play, learn and engage in dialogue with the judge elementary schools at the interactive lesson and each other. The children are encouraged to fairly resolve the conducted by the Supreme Court Justice, dispute, and they do so in a fun way. Volodymyr Kravchuk. During October-December 2018, more than 200 lessons were "Respect for the court, for the fundamental rights of conducted in schools throughout Ukraine with more than 10,000 the individual, for the Law, for the state, for the children-participants. Approximately the same number of lessons are people who live in it begins with educating children. scheduled for January-March 2019. After the presentation of the project They should be taught from the kindergarten and results at the 7th Judicial Forum "Judiciary: Global and National elementary school on clear and vivid images of heroes Transformation" in November 2018, many lawyers, prosecutors, to take as an example to follow in real situations.” Ministry of Justice employees, free legal aid professionals, and legal — Oleg Tkachuk, Head of the Council of Judges of scholars gladly joined this all-Ukrainian project, which is still underway. Ukraine In addition, the Association for the Development of Judicial Self- Government is developing a book collecting short stories about legal disputes among animals framed with bright colorful illustrations for "The lesson of justice was very interesting. Children dissemination in Ukrainian schools and courts. are very excited and looking for the next lessons. We sincerely thank all those involved in this important The interactive lessons are helping children understand the work of the event.” judiciary in order to develop increasingly positive attitudes towards the institution. They also contribute to further acquaintance with the rule — Lyudmyla Didenko, Principal of the Specialized of law principle and improve cooperation of the judicial system and civil educational complex "Desnianka" for junior pupils society.

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