Nove Pravosuddya Justice Sector Reform Program (New Justice)

NOVE PRAVOSUDDYA JUSTICE SECTOR REFORM PROGRAM (NEW JUSTICE)

Quarterly Performance Report October - December 2020

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

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

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

Table of Contents

I. ACRONYMS AND ABBREVIATIONS 3 II. CONTEXT UPDATE 5 III. EXECUTIVE SUMMARY 7 IV. KEY NARRATIVE ACHIEVEMENT 16 OBJECTIVE 1: JUDICIAL INDEPENDENCE AND SELF GOVERNANCE STRENGTHENED 16 OBJECTIVE 2: ACCOUNTABILITY AND TRANSPARENCY OF THE JUDICIARY TO CITIZENS AND THE RULE OF LAW INCREASED 20 OBJECTIVE 3: ADMINISTRATION OF JUSTICE ENHANCED 23 OBJECTIVE 4: QUALITY OF LEGAL EDUCATION STRENGTHENED 28 OBJECTIVE 5: ACCESS TO JUSTICE EXPANDED AND HUMAN RIGHTS PROTECTED 34 V. PROGRESS AGAINST TARGETS 38 VI. PERFORMANCE MONITORING, EVALUATION AND LEARNING 39 VII. LESSONS LEARNED 40 VIII. ENVIRONMENTAL MONITORING 41 IX. PROGRESS ON LINKS TO OTHER ACTIVITIES 42 X. PROGRESS ON LINKS TO HOST GOVERNMENT 43 XI. PROGRESS ON INCLUSIVE DEVELOPMENT 44 XII. GRANTS AND SUBCONTRACTS 45 XIII. ACTIVITY ADMINISTRATION 46 XIV. ATTACHMENTS 48 A. List of Deliverables 48 B. Public Outreach Documents 49 C. Performance Data Table 50 D. Grants and Subcontracts Table 57 E. Future Activities Table 60 F. Milestones Progress Report 63 G. Success Stories 144

I. ACRONYMS AND ABBREVIATIONS ADR Alternative Dispute Resolution AMCU Anti-Monopoly Committee of Ukraine APEOU Association of Private Enforcement Officers of Ukraine BPA Business Process Analysis CJC Community Justice Center CCLAP Coordination Center for Legal Aid Provision 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 ER Expected Result FAIR USAID Fair, Accountable, Independent, and Responsible Judiciary Program in Ukraine GOU Government of Ukraine HACC High Anti-Corruption Court HCJ High Council of Justice HQC High Qualifications Commission of Judges IDF International Development Foundation IFJSE International Framework for Judicial Support Excellence IT Information Technology JRC Judicial Reform Council JSRS Justice Sector Reform Strategy LGBTI Lesbian, Gay, Bisexual, Transgender, and Intersex LNU Lviv National University LRC Legal Reform Commission MDT Ministry of Digital Transformation of Ukraine MFA Ministry of Foreign Affairs of Ukraine MEISEE Mandatory, External, Independent, Standardized Entrance Exam for Master’s Degree Programs in Law and International Law MOE Ministry of Education and Science of Ukraine MOJ Ministry of Justice of Ukraine NABU National Anti-Corruption Bureau NAHEQA National Agency for Higher Education Quality Assurance NAPC National Agency for the Prevention of Corruption NGO Nongovernmental Organization NIC Office of the National Investment Council of Ukraine NLU Yaroslav Mudryi National Law University NSJ National School of Judges ODR Online Dispute Resolution OPU Office of the President of Ukraine OSCE Organization for Security and Cooperation in Europe PIO Public Information Officer PEO Private Enforcement Officers SAF Strategic Activities Fund SCt Supreme Court 3

SGBV Sexual and Gender-based Violence SJA State Judicial Administration TOT Training of Trainers UCLA All-Ukrainian Coalition for Legal Aid UCU Ukrainian Catholic University USQU Unified State Qualifications Exam in Law

II. CONTEXT UPDATE More than a year after the President of Ukraine established the Legal Reform Commission (LRC) to further develop the Ukrainian legal system with respect to the Constitution of Ukraine, rule of law principles, human rights, and international obligations of Ukraine, the work of the Commission has not resulted in comprehensive understanding and acceptance by all stakeholders’ vision of the justice sector reform. In November 2020 the leadership of the LRC relaunched its operations. New Justice continues to be a neutral and professional resource to its partners and promotes a sustainable and comprehensive approach to the reforms with respect to rule of law principles and best international practices.

On October 27, 2020, the Constitutional Court of Ukraine (CCU) decided that certain provisions of the Law on Corruption Prevention of October 14, 2014, and Art. 366-1 of the Criminal Code were unconstitutional based on a submission by 47 Members of Parliament (MPs) concerning the system of electronic asset declarations, criminal liability for false statements in declarations, illicit enrichment, and civil asset forfeiture. This decision reversed major achievements of anti-corruption efforts that began in 2014 and made the corruption prevention system weaker than it was in 2013. There was also a strong indication that the decision was influenced by the fact that some CCU judges had been under National Agency for the Prevention of Corruption (NAPC) monitoring and were facing legal consequences. This decision directly impacted all criminal investigations on intentional false statements in asset declarations, resulting in all such proceedings as of October 28 being closed, including 17 cases currently considered by the High Anti-Corruption Court (HACC), and clearing all persons previously prosecuted for this offense. As of December 16, 2020, with respect to this CCU decision, HACC reversed three verdicts and closed 15 other pending cases. The Parliament already adopted the changes to the Criminal Code to reintroduce the criminal liability for false statements in asset declarations. The consequences of the CCU decision are reputational for the court. It soon received the backlash for closing some of the top cases, including the case of Odesa mayor Hennadii Truhanov.

Comprehensive legal education reform continues to be at risk of backsliding due to a protracted tension between the Ministry of Education (MOE) and the National Agency for Higher Education Quality Assurance (NAHEQA). The recent appointment of Mr. Serhiy Shkarlet, in whose academic publications NAHEQA found plagiarism, as Minister of Education and Science of Ukraine by 226 votes (the minimum required), undermined MOE integrity. Further, after the vote, it emerged that MP Grygoriy Surkis was listed as having voted, but was absent from the Verkhovna Rada that day. The Parliamentary Committee on Reglament and MP Ethics decided not to investigate the case of illicit voting on behalf of MP Grygoriy Surkis, however, the Prosecutor's General Office per MP Sovsun's request opened a criminal case as to the casing of MP Surkis' decisive vote, delegating the investigation to the State Bureau of Investigations. Meanwhile, Mr. Shkarlet continues to serve as Minister of Education and Science of Ukraine. Despite the challenges, New Justice supported the preparations for the Verkhovna Rada Committee Hearing on Legal Education conducted on November 11, 2020, developed a broad coalition of stakeholders in favor of comprehensive legal education reform united under the Legal Education Reform Manifesto, and built capacity and fostered self-reliance of law schools, legal education committees of lawyers’ associations, and law student unions to drive legal education reform forward.

The impact of COVID-19 continues to disrupt the regular functions of government, the judiciary, business, and civil society in Ukraine. In the case of the judiciary, a notable example of such impact is postponing the XVIII Regular Congress of Judges that was scheduled to take place on April 6 and 7, 2020 in Kyiv to elect a Judge of the CCU and the new Council of Judges (COJ) composition, as well 5

as to consider other agenda items to be suggested by the delegates. However, due to the spread of COVID-19 the COJ has issued a decision to postpone the Congress of Judges till March 9-11, 2021.

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

III. EXECUTIVE SUMMARY Key Narrative Achievements The following key achievements were made during this quarter despite the ongoing political instability and attempts towards backsliding and the new challenges of COVID-19 disruptions on the Government of Ukraine (GOU) functions:

• New Justice continued support to the Verkhovna Rada Legal Policy Committee in developing amendments to the Law on the Judiciary and Status of Judges, the Law on the High Council of Justice, and other laws and regulations to address Constitutional Court of Ukraine (CCU) decisions and recent Opinions of the Council of Europe Venice Commission. • New Justice continued support to the President’s LRC in developing Strategy for the Sustainable Development of the Judicial System for 2021-2025 by providing LRC with a list of Judicial and Anti-Corruption Reform Priorities prepared by project experts, along with comments and recommendations regarding the revised draft Concept. • New Justice finalized the development of and launched the Solution Finder online dispute resolution platform in partnership with the High Council of Justice (HCJ) and Kyivskyi District Court of Odesa. Based on the results of piloting this initiative, New Justice will evaluate further cooperation with the justice sector in this area. • Case weights, developed by New Justice, have been vetted by the HCJ and COJ and approved for use for a variety of purposes, including balancing judicial workload, determining the number of judges, and budgeting. • New Justice increased accountability of court staff by supporting the COJ in revising the Rules of Conduct for Court Staff which was approved by the COJ on December 24, 2020. • New Justice strengthened judicial capacity to identify and resolve judicial conflicts of interest by increasing awareness among the COJ members and judges of best practices for conflict of interest settlement through training them on practical aspects of conflict of interest identification, reporting, and resolution. • New Justice supported the COJ in developing the draft compendium of judicial ethics cases. • In order to improve the HCJ judicial discipline practice, New Justice continued developing the draft Manual on Disciplinary Proceedings against Judges (Manual on Disciplinary Liability of Judges) to provide HCJ inspectors with practical guidance on preliminary screening of disciplinary complaints, investigating judicial misconduct, and drafting findings memo upon investigation results. • New Justice presented a curriculum to the National School of Judges (NSJ) for a judicial training program “Judicial Control over the Caseflow Management: Foundations and Fundamentals” developed by the international expert Dr. Giuseppe Fazari and the NSJ working group. • In order to improve the Ukrainian judiciary’s capacity to properly respond to the COVID-19 pandemic, New Justice facilitated cooperation between the National Judicial College in Reno (USA) and the NSJ to prepare and deliver nine webinars on adapting to the remote environment for Ukrainian judiciary representatives. • Jointly with the Federal Mediation and Conciliation Service (USA), experienced mediators from the U.S., and National Association of Mediators of Ukraine (NAMU), New Justice conducted a webinar regarding ethical challenges and the importance of accreditation of mediators. • New Justice continued its efforts to improve procedures for judicial selection and qualifications evaluation through development of a Judicial Selection Handbook for the High

Qualifications Commission of Judges (HQC) and HCJ members and staff. New Justice is also developing a harmonized set of internal regulation for the HQC. • New Justice jointly with the Association of Private Enforcement Officers of Ukraine and European Union (EU) “Pravo-Justice” Project conducted a series of consultations with the MOJ and Working Group on Enforcement Legal Framework established by the Verkhovna Rada Legal Policy Committee, devoted to the discussion of the most systematic and grave problems existing in the enforcement service of Ukraine. • New Justice supports the MOJ in establishing effective channels of communication with citizens regarding Ministry operation and services available under the quarantine restrictions and COVID-19 pandemic, the reform of enforcement procedures, and eurointegration. • Six Community Justice Centers (CJC) continue to operate with New Justice support in Chuhuyiv of Kharkiv Oblast, Chernihiv, Ichnya of Chernihiv Oblast, Bila Tserkva of Kyiv Oblast, Tatarbunary of Odesa Oblast, and the City of Odesa. CJCs provide about a dozen types of legal services to citizens and serve as a dialogue platform which facilitates community and government authorities to work together in order to identify, resolve, and prevent community legal issues. With the COVID-19 outbreak the number of such issues notable increased, especially regarding community safety and domestic violence and CJCs immediately reacted to these new challenges. • New Justice completed an important follow-on related to the implementation of Court Performance Evaluation (CPE) Framework. A year ago, New Justice supported user satisfaction surveys through Citizen Report Cards (CRC) methodology in more than 600 courts (79% of all courts in Ukraine), involving eleven CSO partners in this program. Based on collected user feedback, eleven CSOs developed more than 4,000 performance improvement recommendations to courts. In this reporting period New Justice supported two CSOs to assess how courts implement performance improvement recommendations. According to the assessment that took place in 100 randomly selected courts, 72% of CSO recommendations have been implemented. Partner CSOs also collected judges and court staff feedback regarding necessary improvements and updates to the CRC methodology, which was developed by New Justice predecessor USAID FAIR Project in cooperation with the COJ and the SJA and approved by COJ in 2015. • New Justice improved the communications capacity of Ukrainian courts by conducting a three-day training on data visualization for the employees of the press-services of the Supreme Court (SCt), HACC, HCJ, and trainers of the NSJ to assist them in making important content (like court statistics and court performance indicators) easily understandable for the public. • In view of ongoing legislative efforts to introduce classic jury trials in Ukraine, New Justice worked with the EUAM to prepare a comparative analysis of the three sets of jury bills that are currently registered in the Parliament, and developed recommendations for their improvement to be sent to the respective Committees. • New Justice supported the Verkhovna Rada Committee on Education, Science, and Innovations and the Working Group on Legal Education Reform of the Legal Reform Commission under the President of Ukraine to prepare for the Parliamentary Committee Hearing on Legal Education. The hearing was conducted online on November 11, 2020, with more than 120 participants, including high ranking officials, law school administrators, faculty leaders, leaders of the bar, and student associations. Over 10,000 viewers watched the event video broadcast and recording online. As a result of the event, participants received up-to-date information about the state of legal education system, shared their

perspectives on the steps to be taken to strengthen legal education quality, and contributed to developing the committee hearing’s recommendations for improving legal education. • New Justice supported the development of a broad coalition of legal education stakeholders through designing and promoting the Legal Education Reform Manifesto published on November 26, 2020, as a tool for growing and signaling wide support of the draft Legal Education Reform Concept Paper. As a result, more than 20 civil society organizations and 40 individuals signed the Legal Education Reform Manifesto calling on the Verkhovna Rada Committee on Education, Science, and Innovations and the President of Ukraine to support the draft Legal Education Concept Paper and on the Cabinet of Ministers of Ukraine to develop a Government Legal Education Reform Program, to enable comprehensive legal education reform in accordance with the GOU Action Plan. • New Justice supported the Students’ League, Ukraine’s largest law student associations, in conducting the Legal Education Reform Hackathon. More than 170 students, faculty members, and legal professionals from more than 32 universities from across Ukraine were organized into over 40 teams that participated in the Legal Education Reform Hackathon. Teams benefitted from mentoring, and went through three check-points and two semi- finals, with only five teams making it to the final round. The finalists pitched their projects to strengthen legal education quality and the team of law students from the Kmelnytskyi University of Public Administration and Law won the final round for its developed and tested draft course syllabus titled “Use of Open Databases in Legal Practice.” The course aims to improve the quality of law students’ training for today’s increasingly digital, big- data-driven legal job market. • New Justice strengthened the capacity of the Volyn National University School of Law to meet job market expectations by supporting the law school in designing and developing by- laws, and establishing its Board of External Advisors. The Board is comprised of six Lutsk- based leaders of the legal profession working in the judiciary, advocacy, procuracy, notary service, public service, and business. The Board of External Advisors engages law student self-governance leaders in supporting its operations and with its wealth of expertise serves as a resource for the law school. • New Justice supported the Legal Education Reform Committee of the Association of Advocates of Ukraine in conducting a series of online public discussions on the implementation of national legal education standards, improving the quality of law students’ externships in the MOJ territorial departments, and courts. These events attracted the attention of over 1,970 online viewers and resulted in the establishment of two task forces on the development of a Model Program for Student Externships in the MOJ territorial departments and a Model Program for Student Externships in Courts. • New Justice facilitated the cooperation of four Ukrainian law schools with the Washington and Lee University School of Law in implementing an online anti-corruption course during the 2020 Fall Semester and conducted a fifth international (virtual) anti-corruption workshop that engaged over 35 faculty, students, and anti-corruption practitioners and fostered the development of a community of anticorruption teaching and practice. • New Justice continued supporting MOJ and the Coordination Center for Legal Aid Provision (CCLAP) in advancing juvenile justice reform, improving cooperation between governmental and independent legal aid providers, increasing the ability of attorneys to provide free legal aid to protect the rights of a child in criminal and administrative proceedings, and improving coordination and communication among all governmental and non-governmental stakeholders involved in national and international disputes and national court cases arising out of the armed conflict in the territory of Ukraine.

• In cooperation with Pathfinders for Peaceful, Just and Inclusive Societies, Legal Development Network NGO and Ukrainian Access to Justice School of Practice, New Justice conducted the national online consultation to introduce and promote the concept of people- centered justice in Ukraine with a focus on problems people face in the justice sector during the COVID-19 pandemic. • New Justice supported the MOJ in conducting a training needs assessment of the Department on Litigation staff lawyers, who ensure self-representation and representation of the interests of the Cabinet of Ministers of Ukraine, MOJ, and their officials in the courts of Ukraine. A training program aimed to improve practical skills in legal writing in order to perform their duties while preparing legal documents will be conducted in the next reporting period. • In cooperation with the Office of the OSCE Project Coordinator in Ukraine, New Justice supported the Ministry of Digital Transformation (MDT) in designing and producing a video series titled “Digital Lawyers” on the national online educational platform Diia.Osvita. • New Justice issued RFA and selected the implementor of the “Innovations for Free Legal Aid System” grant project. Project activities are aimed at providing support to the Coordination Center for Legal Aid Provision (CCLAP) and PRAVOKATOR legal clubs staff in strengthening their capacity to manage the innovation process and to develop cooperation with the private sector and civil society. • New Justice contributed to the improvement of the quality of legal clinical education by finalizing the first textbook on Legal Clinical Education in Ukraine. • 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 jointly with the Pathfinders for Peaceful, Just and Inclusive Societies Initiative and local partners introduced stakeholders to the People- Centered Justice approach, developed a draft concept for its application in Ukraine and finalized the translation of the Tom Bingham’s book The Rule of Law into Ukrainian.

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

The most notable quantitative highlights for New Justice in this reporting period include: • Using online platforms, New Justice conducted thirteen remote training events for 936 judges, court staff and other justice sector personnel. Training topics included writing skills for judges, conflict of interest identification and prevention, communication skills for judges and court staff, managing jury trials, online disputes resolution, and others. • Six CJCs established with New Justice support continue to provide legal aid, consultations, ADR, psychological support, and other types of services. With the COVID-19 outbreak, the number of CJC beneficiaries significantly increased; each CJC provides consultations and support on legal issues remotely to 150-250 citizens per month, mostly on a remote basis. In this reporting period CJCs reported that in total over 1,000 citizens received assistance, mostly on legal issues related to COVID-19, employment, and domestic violence.

B. Activity Administration The main administrative challenge New Justice faced during the reporting period remained the quarantine lockdown that the Ukrainian government imposed due to the outbreak of the COVID-19 virus. Starting from March 12, 2020, the Ukrainian government imposed a severe quarantine

lockdown, which was changed to an adaptive quarantine regime later in June, lifting some bans that allowed selected regions of Ukraine to restore their operations. Within a limited period of time, New Justice adapted its operations to a teleworking regime and was able to continue delivering the tasks foreseen by the work plan in a remote mode using online tools. During the entire period of the COVID-19 outbreak, the New Justice team has been working remotely. All program activities were delivered using online platforms and technologies, no off-line events were conducted, and the number of staff present in the office was reduced to a minimum.

The recruitment process for selecting and hiring the new New Justice Operations Manager was completed; the new employee will join the Program on January 11, 2021. Simultaneously, New Justice conducted the recruitment of Communications Specialist to strengthen New Justice’s public outreach activities and the Procurement Assistant to provide additional administrative backstopping of project operational tasks. Two new team members will start their work in January 2021.

During the reporting period, New Justice engaged 39 independent consultants to provide vital in- depth expertise on topics including, but not limited to, judicial independence, ethics, commercial dispute resolution and legal education to deliver expected results outlined in the extension period statement of work, including 17 international and 22 local consultants contracted on both a paid and a pro bono basis.

On November 19, 2020, New Justice extended the protocol of cooperation with the State Judicial Administration (SJA) and concluded the Modifications to existing protocols of cooperation with partners to extend the existing protocols, and outline responsibilities between the Program and implementing partners.

The New Justice Program registration card No. 3504 was updated by the Secretariat of the Cabinet of Ministers of Ukraine on December 10, 2020 to extend the current completion date of the Program from February 7, 2021 to September 30, 2021.

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

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

• In the next reporting period, New Justice will monitor and analyze legislative initiatives in the judicial sector to strengthen judicial independence and accountability. • New Justice will continue support to the LRC in developing the Strategy for the Sustainable Development of the Judicial System for 2021-2025. • New Justice will continue support to the Verkhovna Rada Legal Policy Committee in developing amendments to the Law on the Judiciary and Status of Judges, the Law on the High Council of Justice, and other laws and regulations to address CCU decisions and recent Opinions of the Council of Europe Venice Commission.

• New Justice will support the development and implementation of practical tools for judges to report improper or illegal interference through standardized forms and guidelines for judges and court staff. • New Justice will continue supporting the HCJ in finalizing the Manual on Disciplinary Liability of Judges. • New Justice will launch an independent expert research of SCt case law to assess the SCt’s ability to perform its function of safeguarding the unification and consistency of case law. • New Justice will implement the grant project “Monitoring High Council of Justice Judicial Discipline Practice.” • New Justice will continue the promotion and development of the Solution Finder platform and begin its pilot period to promote ODR implementation in the Ukrainian justice sector. Along these lines, New Justice will also support, as appropriate, the AMCU in strengthening its capacity to process appeals in the field of public procurement. • New Justice will promote changes to the governance structure in the judiciary based on recommendations developed by Ukrainian and international experts, aiming to introduce clear division of authority and responsibilities between the SJA, HCJ and COJ, as well as to revise the role of state enterprises in the process of developing software solutions to Ukrainian courts. • New Justice will continue providing support as appropriate to efforts of judicial institutions in implementing the outcomes of the case weighting study and assessing the resources needed to handle the current caseload. • New Justice will continue to support the NSJ to conduct a series of webinars for judges and court staff jointly with the National Judicial College in Reno (USA). • New Justice will continue to assist Ukrainian stakeholders in developing the legal and regulatory framework for mediation and support professional associations and ADR practitioners in promoting conflict resolution policy. • New Justice will support Ukrainian stakeholders in improving the international arbitration framework by providing guidelines on the arbitrability of certain types of cases, the development of laws and regulations to prevent the misuse of arbitration institutes to ensure the independence, integrity, and functionality of such institutes, and in developing improved mechanisms for commercial dispute resolution. • New Justice will complete support to the MOJ in establishing its capacity to effectively inform citizens about the progress of operations of the state enforcement service. • New Justice expert Maryna Ogay will complete a report on the initial analysis of the enforcement baseline. • New Justice will continue to support the APEOU Disciplinary Ombudsman in unifying PEO disciplinary practices and by sharing expertise on international disciplinary standards. • New Justice will provide support to the APEOU in review of ethical standards governing the profession and articulating better wording of the APEOU Code of Ethics for the benefit of the PEO profession. • New Justice will continue to advocate positive legislative changes to the enforcement legal framework. Specifically, New Justice will continue to contribute to the work of the Working Group on Enforcement Legal Framework established by the Verkhovna Rada Legal Policy Committee in unification of numerous draft laws on enforcement reform recently registered in the Parliament by the CMU and MPs representing APEOU. • New Justice will continue its efforts to improve courts’ outreach by presenting a Crisis Communications Guide for courts to judicial partners, that was developed in cooperation with national and international experts; translating to Ukrainian the Media Guide for Courts,

developed by NACM and CCPIO; and conducting training for journalists regarding best practices in investigative journalism on judicial corruption and misconduct. • Additionally, New Justice will support gender mainstreaming in the Judiciary through presenting the updated Gender in Justice Index, in line with the latest changes to national legislation, to judicial partners to be used on a regular basis; and conducting training for women-judges on leadership skills. • New Justice will support implementation of the Code of Judicial Ethics through updating the Code and its Commentary as well as facilitating cooperation between judicial self- governance bodies and professional associations of lawyers through roundtable discussions in various regions of Ukraine aimed at improving judicial operations and promoting better bar-bench relations. • In order to promote the values of justice and adherence to ethical rules among all legal professionals, New Justice will support the COJ, the Council of Prosecutors, and the Bar Council in developing joint ethical standards for judges, prosecutors, and attorneys. • New Justice will support the implementation of the Certificate Program in Rule of Law involving competitively selected U.S. and Ukrainian universities. • New Justice will disseminate the Ukrainian translation of Tom Bingham’s book The Rule of Law among a broad audience in the country’s justice sector. • New Justice will continue to support the Working Group on Legal Education Reform of the Legal Reform Commission under the President of Ukraine, the Parliamentary Committee on Education, Science, and Innovations, the MOE, leading law schools, and other stakeholders in their efforts to finalize and advocate for the adoption of the Legal Education Reform Concept Paper and the Government Legal Education Reform Program. • New Justice will support the MOE Task Force on the Unified State Qualifications Exam (USQE) to finalize the USQE program and the preparations for the USQE piloting scheduled for May 2021. • New Justice will support the MOE Sub-Committee on Legal Education Standards in developing the methodological guidelines for the implementation of the adopted national standards for bachelor’s and master’s degree programs in law. • New Justice will continue to build capacity of the NAHEQA's Expert Council on Legal Education and of its key local experts to conduct accreditations of law programs based on international standards and good practices. • New Justice will start preparations for an assessment of corruption risks in legal education to support the GOU and law schools in mitigating corruption risks and further curbing corruption in preparing future legal professionals. • New Justice will support the Legal Education Committee of the Association of Lawyers of Ukraine (ALU) and other interested stakeholders in designing and piloting a methodology for an annual public ranking of law schools based on the objective criteria to raise legal employers' awareness of law schools' quality and facilitate the law schools' race to the top. • New Justice will support the Legal Education Committee of the Association of Advocates of Ukraine in continuing a series of online stakeholder discussions aimed at improving the quality of student externships as well as coordinating the development of a Model Program for Student Externships. • New Justice will support the Students’ League to design user-friendly, public awareness- raising posters visualizing national legal education standards and then print and disseminate the posters among at least 20 leading law schools to promote the implementation of national legal education standards.

• New Justice will support the Students’ League and the European Law Students’ Association in conducting a nation-wide student opinion survey aimed to institute corrective feedback loops and give voice to students in the legal education reform processes. • New Justice will continue to support interested law schools in developing a Model Legal English Course Syllabus and a Model Legal Writing Course Syllabus to strengthen law schools’ capacity to teach English language and legal writing skills and implement respective national legal education standards. • New Justice will cooperate with the United Nations Office on Drugs and Crime (UNODC) to translate the Education for Justice (E4J) module series on integrity and ethics into Ukrainian, along with teaching guidelines to promote the culture of lawfulness in Ukraine. In cooperation with the University of East Anglia, New Justice will also analyze the impact of ethics and integrity training on students’ behavior. • New Justice will continue to promote the Innovative (Model) Law School Curriculum as an innovative tool for strengthening the quality of legal education in Ukraine and work with the Yaroslav Mudryi National Law University on modernizing its curriculum and establishing its legal education quality assurance unit. • New Justice will present the results of the evaluation of the impact of independent, on-site assessments of legal education quality at four leading Ukrainian law schools conducted in 2014-2018 to improve legal education quality. This effort will elicit approaches to implementing expert recommendations and inform further capacity building programming. • New Justice will support the Association of Legal Clinics of Ukraine (ALCU) in developing a model syllabus and templates for the Legal Clinical Education course. • New Justice will support the HQC to improve procedures for judicial selection and qualifications evaluation by developing a Judicial Selection Handbook for HQC and HCJ members and staff and developing draft HQC internal regulations. • New Justice will continue supporting the Public Integrity Council (PIC) in increasing self- reliance, building institutional capacity, enhancing cooperation with the HQC, and raising public awareness about its activities. • New Justice will conclude the analysis of the legislative and regulatory framework, as well as all relevant web resources regarding the online publication of information regarding judicial selection, qualifications evaluation, and discipline. • In the next reporting period, New Justice will update the Citizen Report Cards (CRC) methodology for user satisfaction surveys which is part of Court Performance Evaluation Framework. The updates will be based on courts feedback collected in this reporting period and growing demand for contactless citizens surveys through digital technologies considering current COVID-19 risks. • New Justice will communicate findings of the completed assessment of how courts implement performance improvement recommendations to the HCJ, COJ, SJA and other judicial authorities. New Justice will focus on external issues that create burdens for better court performance, such as court understaffing, funding, and low public awareness of court functions. • New Justice will issue a Request for Applications (RFA) for CSOs to conduct CRC surveys in about 150 courts using updated CRC methodology. Special focus will be given on analysis of how implementation of earlier received CSO recommendations impact user satisfaction with court services. • New Justice will continue to provide substantial technical assistance to six CJCs in Chernihiv, Kyiv, Kharkiv, and Odesa Oblasts. New Justice CJC local experts will conduct a series of CJC capacity development trainings using online training platforms. The training topics include implementation and use of the CJC organizational capacity check list, using online tools for

service provision and experience exchange, conducting webinars and videoconferencing, utilizing mediation, and facilitating community dialogue through social networks and others. • New Justice will continue supporting the MOJ and CCLAP in advancing juvenile justice reform and conducting remote trainings for attorneys providing free legal aid to protect the rights of a child in criminal and administrative proceedings. • New Justice, in cooperation with Pathfinders for Peaceful, Just and Inclusive Societies, will facilitate the working group on developing the road map for using people-centered justice approach in protecting the rights of victims of gender-based violence. • New Justice will support the MOJ in improving coordination and communication among all governmental and non-governmental stakeholders involved in national and international disputes and national court cases arising out of the armed conflict in the territory of Ukraine through conducting coordination meetings with stakeholders, training lawyers involved in inter-state litigation and raising citizens awareness on GOU efforts in protecting souverain rights of Ukraine. • New Justice, in cooperation with the COE Office in Ukraine, will support the MOJ with conducting training on legal writing for the Department on Litigation staff lawyers, to improve practical skills in legal writing in order to perform their duties while preparing legal documents. • New Justice will support the Legal Innovations NGO in strengthening capacity of the Coordination Center for Legal Aid Provision (CCLAP) and PRAVOKATOR legal club’s staff to manage the innovation process and to develop cooperation with the private sector and civil society. Grant program activities will include training on innovations management, conducting citizens legal needs assessment and hackathons to design solutions for better access to justice. • New Justice will support the MDT with designing and producing the video series “Digital Lawyers” aimed at raising citizens awareness on legal tech and innovations in access to justice to be published on governmental Diia.Osvita platform. • In the next reporting period, New Justice will conduct national surveys of the public, judges, and legal professionals working in courts who are not judicial employees. These surveys will collect empirical data on the justice sector and anti-corruption reform progress during the last two years. Due to the COVID-19 related risks these surveys will be completely contactless. For judges and legal professionals, New Justice will utilize Computer-Assisted Web Interviewing (CAWI) technology and for the general public, the survey will be through CATI legal professionals and by way of Computer-Assisted Telephone Interviewing (CATI) for general public.

IV. KEY NARRATIVE ACHIEVEMENT

Pursuant to section F.3.D.2 of the contract, the following section discusses and analyzes the status of affairs, key achievements to date, and explains deviations in implementation of the work plan for each Objective from October 1, 2020 through December 31, 2020.

OBJECTIVE 1: JUDICIAL INDEPENDENCE AND SELF GOVERNANCE STRENGTHENED

Current Status of Affairs Anti-Corruption Courts. As of December 24, 2020, the HACC received 286 criminal proceedings and 14,280 motions. In total, the Court has issued 14,231 decisions (113 on criminal proceedings and 14,118 on the motions), 24 of which are sentences. Two of the verdicts were reversed by the Appellate Chamber. On December 15, 2020, the Law on the State Budget for 2021 was adopted and allowed transferring the building on Peremohy Avenue, 41 to state property as part of the debt of the State Enterprise Antonov. Now, when the Law came into force, the HACC applied to the Cabinet of Ministers with a request to transfer this building to the court.

On October 6, 2020, the CCU launched the consideration of the application with a request to examine whether the provisions of the Law on High Anti-Corruption Court are in line with the constitutional ban on special courts, which was submitted to the CCU on July 22, 2020, by 49 Members of the Parliament. In cooperation with other EU and US donor programs, New Justice supported the design and drafting of the amicus curiae to the CCU with expert evaluation of the claims and justification of the constitutionality of the Law on the HACC. The CCU is now continuing the consideration of the claim.

On June 22, 2020, President Zelenskyy submitted to the Parliament the draft law on Amending Law “On the Judiciary and Status of Judges” and Selected Laws Regarding the Operations of the Supreme Court and Judicial Governance Bodies (No. 3711). Upon the request of the Chair of the Parliament, the Council of Europe Venice Commission reviewed the draft law and adopted an opinion on October 9, 2020. On November 5, 2020, the Parliament voted to return the draft law to the Legal Policy Committee to be amended in line with Venice Commission recommendations.

Judicial Reform. On December 20, 2019, the Working Group on the Judiciary of the President’s LRC adopted the draft Concept Paper on Improvement of Legislation on the Judicial System, Status of Judges, Judiciary, and Related Legal Institutions that outlined key areas for justice sector reform. New Justice and EU Pravo-Justice Project provided the LRC with joint recommendations to improve the draft concept paper, including shifting from a piecemeal approach with a long list of activities and technical details as presented in the draft concept paper, to a more comprehensive strategy for judicial reform with a clearly integrated vision based on strategic objectives and issues that are aligned with specific interventions. On October 9, 2020, the Council of Europe Venice Commission reiterated the importance of a holistic approach to judicial reform and proper impact assessment before any changes are developed and proposed. In November 2020, a partially reconstituted President’s LRC resumed operations after more than a year. It slightly revised the 2019 concept paper reflecting some of the recommendations provided by New Justice and Pravo-Justice earlier in 2020, but critical suggestions were not reflected.

Constitutional Court of Ukraine. On October 27, 2020, the CCU adopted a controversial decision No. 13-R/2020 of October 27, 2020, that effectively dismantled the anti-corruption infrastructure,

including finding unconstitutional a vast portion of the provisions of the Law on the National Agency for Corruption Prevention and Article 366-1 of the Criminal Code on the criminal liability for the non-declaring of the assets. On November 25, 2020, President Zelenskyy requested an urgent opinion of the Venice Commission regarding the constitutional crisis created by the CCU’s decision. On December 9 and 10, 2020, the Venice Commission issued two opinions that were presented and endorsed at the Commission’s Plenary Session on December 11, 2020.

Anti-Corruption Issues in the Judiciary. In the light of the CCU decision of October 27, 2020, and following Venice Commission’s Opinions, on December 15, 2020, the Verkhovna Rada adopted the Law No. 1079-IX On Amending the Law “On the Corruption Prevention” concerning restoration of the institutional mechanism for countering corruption. The Law provides for, among other things, new procedures for bringing judges and CCU justices to liability for corruption- and corruption- related offences, as well as for monitoring their lifestyle, and these new procedures are aimed at safeguarding judicial independence.

Judicial Selection and Qualifications Evaluation. On November 7, 2019, the Law 193-IX entered into force immediately terminating the term in office of the HQC members and suspending all the HQC selection and qualifications evaluation proceedings until the new members of the HQC are appointed. On December 10, 2019, the HCJ adopted Regulation on the Competitive Selection of HQC Members in the furtherance of the Law 193-IX. The regulation was considered controversial and was heavily criticized by civil society and experts. Due to the controversy around the HCJ regulation, international and foreign organizations did not nominate its candidates to the Selection Commission that should had been established in order to select members of the reformed HQC. HCJ did not amend its regulation to bring it in line with the Law. As a result, the Selection Commission was not formed and the process of competitive selection of HQC members was halted. Legislative amendments were required to conduct competitive selection of the HQC members. On June 22, 2020, President Zelenskyy submitted to the Parliament the draft law on Amending Law “On the Judiciary and Status of Judges” and Selected Laws Regarding the Operations of the Supreme Court and Judicial Governance Bodies (No. 3711). Upon the request of the Chair of the Parliament, the Council of Europe Venice Commission reviewed the draft law and adopted an opinion on October 9, 2020. On November 5, 2020, the Parliament voted to return the draft law to the Legal Policy Committee to be amended in line with Venice Commission recommendations.

Judicial Self-Governance. The COJ continued its operations considering the GOU restrictions. In October 2020, New Justice, jointly with the USAID SACCI Project, facilitated communication between the COJ and NAPC in order to avoid misunderstandings that took place due to different interpretation of the law by these institutions. The communication resulted in a meeting where the Chairs of the COJ and NAPC agreed to cooperate on conflict of interest-related issues and develop joint guidelines for judges on how to manage it. The regular Congress of Judges which will take place from March 9 through 11, 2021 will elect the new COJ composition, Justice of the CCU, and four HCJ members.

Judicial Discipline. The HCJ reported that during 2020 its Disciplinary Chambers decided to discipline 141 judges, of which 72 judges received warnings, 50 received reprimands or severe reprimands, five judges were temporary suspended from delivering justice with compulsory further training in the NSJ, and 14 judges were recommended for dismissal from office. Among those disciplined judges, there are 12 appellate courts’ judges, one HACC judge and four SCt justices. Compared to the previous years, the HCJ shows gradual decrease in the number of imposed disciplinary punishments, with 163 judges disciplined in 2019, and 176 – in 2018.

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

Key Achievements to Date Legislative Framework. In the reporting period, New Justice jointly with donor partners from the EU worked closely on the analysis of draft legislation, important CCU decisions, Venice Commission Opinions and strategic documents of the LRC, and proposed legislative initiatives to come up with a joint position and recommendations. They were presented to the leadership of the Parliamentary Legal Policy Committee and President’s LRC to be taken into account in the consideration by the Parliament and President.

Interference with the Judiciary. In the reporting period, New Justice continued its activity to improve the reporting of judges for interference with the judiciary. New Justice experts Judge Jose Manuel Cardoso and Professor Serhii Riznyk assessed the current system of reporting and institutional response from the HCJ and General Prosecutor Office to the reported facts on interference with justice delivery. New Justice’s data analysis expert analyzed the data from the existing HCJ Registry of Reports about the Interference with the Judiciary (Registry) to 1) process the documents and their texts aiming to classify reasons and grounds for judicial reports to HCJ; 2) analyze the posted submissions with a focus on geography, timing, and results of consideration by the HCJ; 3) identify flaws in its functionality and develop recommendations for the HCJ on improving the Registry content for better perception by judges and the public. In the upcoming period, the experts will continue their work. The report was provided to the High Council of Justice along with the information from the online study of judges' opinions to clarify their attitude towards the current system of reporting and the extent to which they are satisfied or not with HCJ's reaction to information on interference with the judiciary. The data received as the result of the expert analysis of the Registry and the study is used by the New Justice expert in developing recommendations for the improvement of the system for reporting undue influence. Also, the experts drafted a sample of the form to report interference which aims at improving the reporting and consideration of the reports. In the upcoming period, the experts will finalize the activities and the result will be provided to the HCJ.

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. On December 24, 2020, the COJ revised the Rules of Conduct for Court Staff first time since 2009 when the document was adopted. New Justice supported the COJ in revising the Rules of Conduct for Court. In particular, the revised version of the Rules of Conduct for Court Staff: • does not contain any more duplications of the laws, declarative and repetitive provisions, and a chapter on incentives, • clearly sets forth who shall be bound by the Rules of Conduct for Court Staff, • introduces integrity as a standard and requirement that the Rules of Conduct for Court Staff are based on for the first time, • has a new chapter on out-of-court conduct, • regulates conduct on the Internet and social media, • sets a higher standard for court staff members' conduct; particularly, to demonstrate respect for the values and interests of justice and avoid appearance of impropriety.

At the same time, New Justice supported the COJ in developing draft amendments to the Code of Judicial Ethics, after analyzing comments and suggestions from more than 60 courts all over Ukraine.

New Justice also assisted the COJ in conducting a series of training on conflict of interest for judges, COJ members, and lawyers. During the trainings, the international expert Dr. Tilman Hoppe analyzed the most common conflict of interest-related issues that Ukrainian judges were facing, including the “cooling-off period” for former judges, conflicts in the courts, close relatives working in the same court, and recusal of judges based on the change of an attorney, and discussed the ways to manage those situations based on international good practices.

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

Judicial Discipline. During the reporting period, New Justice continued supporting the HCJ in developing the Manual on Disciplinary Proceedings against Judges. New Justice local expert Professor Andriy Boyko finished drafting the Manual in line with the previously agreed Concept and based upon working materials designed within previous reporting periods. Additionally, New Justice asked the expert to complement this edition with an additional section devoted to the enforcement of the disciplinary sanctions imposed on judges by the HCJ Disciplinary Chambers upon consideration of their cases. Prof. Boyko will review and adapt the content of the entire draft Manual in line with the Law #1079-IX of December 15, 2020, on Amending the Law “On the Corruption Prevention” concerning restoration of the institutional mechanism for countering corruption. During the next reporting period, the expert will finalize the draft Manual and present it to the HCJ for further review and feedback.

On December 16, 2020, New Justice, jointly with the National Judicial College (Reno, USA), supported the NSJ and HCJ in conducting a webinar “Disciplinary Proceedings against Judges in the U.S.” for the HCJ members, Inspectors of the HCJ Service of Inspectors, judges and court staff. The speaker to the webinar – Honorable Phyllis Williams Kotey (Ret.), Florida, USA, – provided the participants with extensive knowledge and expertise on the U.S. practices of disciplining judges. As a result of the webinar, the participants learned how to identify speech and conduct that may constitute judicial misconduct and violate judicial ethics, and to describe the components of effective judicial disciplinary proceedings to ensure appropriate accountability of judges and to maintain judicial independence. Additionally, the speaker highlighted the importance of balancing transparency and confidentiality of judicial discipline procedures, and the role of public in improving disciplinary proceedings that strengthen public confidence in the judiciary. More information is available at: https://newjustice.org.ua/en/events/webinar-proceedings-against-judges-in-the-u- s/?hilite=%27disciplinary%27%2C%27proceedings%27; http://nsj.gov.ua/ua/news/distsiplinarne-provadjennya-stosovno-suddiv-u-ssha/; Webinar “Proceedings Against Judges in The U.S.”

In order to increase public participation in implementation and oversight of judicial reform, New Justice launched the grant project “Monitoring High Council of Justice Judicial Discipline Practice” by conducting a competitive application process, and awarded the contract to the NGO “Center for Democracy and Rule of Law” for implementation of the grant research. The goal of the project is to check the consistency of the HCJ disciplinary case law and its policy to safeguard the due process 19

for judges undergoing disciplinary proceedings. During the next reporting period, the grantee will design the research methodology, organize the database and start analyzing the HCJ and SCt decisions in disciplinary cases against judges.

Anti-Corruption Issues in the Judiciary. In implementation of the Law No. 1079-IX of December 15, 2020, On Amending the Law “On the Corruption Prevention” concerning restoration of the institutional mechanism for countering corruption, New Justice, in cooperation with the USAID SACCI Project started reviewing the draft NAPC regulations for full verification of assets declarations of judges and CCU justices, and for monitoring their lifestyle. During the next reporting period, New Justice will develop recommendations for improvement of the draft regulations with a focus on ensuring appropriate guarantees of judicial independence and preventing excessive interference into judges’ work. New Justice will also provide as-needed support to the HCJ for review and adaptation of the NAPC draft regulations, as well as for developing respective amendments to the HCJ Rules of Procedures and/or other internal regulations.

Enhancing Representation and Leadership of Women Judges in Judicial Governance Bodies and Courts. In this reporting period, led by New Justice national Gender Expert Khrystyna Kit, the Head of the National Association of Women-Lawyers, updated the Gender Sensitivity Index of the Judiciary that was developed by the New Justice in 2018 to align its indicators with the latest changes in national legislation and state policy in gender equality. The Index is a tool that helps the Judiciary to measure gender equality in the gender composition of the judiciary, including representation of women and men in higher courts and leadership positions; training of judges on gender issues; and delivery of justice with a gender-sensitive approach. New Justice also started planning a training for women judges on leadership skills.

Explanation on Deviations in Implementation of the Work Plan Due to the special quarantine restrictions imposed by the GOU, the COJ had to postpone the Congress of Judges of Ukraine which will consider the amendments to the Code of Judicial Ethics of Ukraine till March 9-11, 2021. Therefore, New Justice will report on the results of the Congress of Judges of Ukraine’s voting on this issue in the next reporting periods.

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

Current Status of Affairs Court Communications. New Justice supports the Judiciary in promoting transparency and public trust through expert assistance in developing a proactive approach in courts’ outreach to the public and media, strengthening their internal communications, and effectively managing crisis situations. On the national level, New Justice cooperates on court communications issues with the HCJ, the COJ, and the NSJ and coordinates its efforts with other international partners, such as EUAM and EU Pravo-Justice Project.

Improvement of Jury Service. In furtherance of Articles 124 and 129 of the Constitution of Ukraine, to enhance the right to a fair trial, build up public trust in the judiciary, and improve trial skills of attorneys and prosecutors, introducing effective jury trials is one of the priorities for the respective Parliamentary Committees as well as for the drafters of the Strategy of Legal Reform. Currently, there are three sets of the jury bills, submitted to the Parliament by the Government, MP Pavlo Frolov and MP Serhiy Vlasenko. New Justice continues providing expert support to the Government, Parliament and Judiciary in terms of developing laws and by-laws on smooth implementation of the

classic jury trial model in Ukrainian courts as well as training judges and court administrators on jury management aspects.

Civil Society Engagement in Justice Sector Reform. Since the beginning of the project, New Justice has supported 45 justice sector reform CSOs. Program non-governmental partners have implemented dozens of projects related to promoting transparency, accountability, and integrity of judicial selection; supporting the judicial administration bodies in ensuring their systematic and coordinated work; increasing access to justice; monitoring judicial reform; and increasing professional competences of judges, court staff, legal aid providers, etc. In this reporting period the key projects implemented by CSOs are analysis of Court Performance Evaluation (CPE) Framework implementation by Ukrainian courts and building capacity of six Community Justice Centers (CJCs). While technical expertise of justice sector reform oriented CSOs is very high, their organizational capacity, especially in terms of governance and financial viability remains an issue. To address this gap between CSOs’ expertise and organizational capacity, New Justice works intensively with CSO partners to provide individual consultations regarding various organizational development issues.

Anti-Corruption Efforts. On October 27, 2020, CCU adopted a controversial decision No. 13-R/2020 of October 27, 2020, abolishing the right of the NAPC to conduct full verification of e-declaration of public officials, specifically declarations submitted by regular judges and judges of the CCU. The court considered such function of the NAPC as a potential threat of interference into judges’ judicial duties. It is worth noting that several CCU judges adopted this decision while facing a potential conflict of interest, as NAPC investigations against them were in progress at that moment. The CCU decision paralyzed the operation of the NAPC and sparked a negative reaction among CSOs, politicians and the international community.

On December 15, 2020, the Parliament adopted in the first reading the draft law No. 4470 and restored NAPC right to conduct full verification of e-declarations, including those filed by judges. However, the bill provided the possibility for regular judges to complain to the HCJ in case of NAPC representatives’ interference into judges’ duties. The same right was granted to the judges of the CCU, but in their case they should file the complaint to the CCU itself.

Key Achievements to Date Improving Outreach by the Judiciary to the Public and Press. New Justice developed the Crisis Communications Guide for Courts to provide clear step-by-step action plans to run court communications when responding to various types of challenges, both internally and externally, during crises, which will be presented to the judicial partners in the next reporting period. This work is a product of cooperation by the national and international experts Iryna Khymchak, founder of the Marketing Agency BeCentric with experience in public communication of law firms and judicial institutions as well as Leah Gurowitz, Director of media and public relations, D.C. courts, USA.

New Justice also conducted a three-day online training on data visualization for the press-services of national level courts and institutions such as the SCt, HACC, HCJ and NSJ. This training aimed to develop the data visualization skills of court communicators so that they can present important but complex textual material in a graphic format that is more understandable for the public and journalists.

Improving Institution of Jury as a Means to Promote Transparency in Justice Delivery Process. In view of ongoing legislative efforts in introducing classic jury trials in Ukraine, New Justice jointly with the EUAM prepared a comparative analysis of the three sets of jury bills that are currently 21

registered in the Parliament, and developed recommendations for their improvement to be sent to the respective Committees. In December 2020, in cooperation with the National Judicial College, USA, New Justice conducted a webinar for judges and state actors, including MPs and MOJ representatives, on best practices of managing classic jury trials, explaining each of its core elements (setting reasonable eligibility criteria for jurors, forming a jury pool that is representative of the community, voir dire procedure, clear jury instructions, jury deliberations, unanimity of the jury verdicts and grounds for appeal review of the court judgements in the jury trial). This event was designed to familiarize policymakers with the best practices of jury management to incorporate them in the current bills, as well as for judges to get a deeper understanding on how to effectively handle jury trials.

Bar Discipline. In the reporting period, New Justice involved a local expert to monitor the regional and national bar qualification disciplinary commissions practice to come up with an overview of the most common types of advocates’ misconduct and most common grounds for bringing them to disciplinary liability; outline the areas for improving the quality of decisions, and develop recommendations for improvement of the Bar Rules of Conduct with respect to the findings of the monitoring. This data will be used by the working group on bar ethics in developing the draft Bar Rules of Conduct and the commentary for it, which will be launched in the upcoming period.

Anti-Corruption Efforts and Conflict of Interest. The restoration of the NAPC’s right to conduct full e- declarations verification and new verification stages implemented by the above-mentioned bill No. 4470 require changes to the related rules and procedures. Jointly with the USAID SACCI Program, EU Pravo-Justice Project and European Union Anti-Corruption Initiative, New Justice developed recommendations to the draft Rule of Procedures of Declarations Verification and draft of the Rules of Monitoring of the Life Style with respect to the special status of the judges – subject to verification and monitoring. Also, together with USAID SACCI, New Justice is negotiating with the Center for Free Legal Aid to possibly develop a training program on whistleblower protection for litigant lawyers and acting judges.

Furthermore, New Justice involved international anti-corruption expert Victoria Jennett to conduct the next round of assessment of corruption risks in justice sector reform and compare results with the findings of the similar study conducted by the expert in 2017. Research will help to identify corruption risks successfully addressed since 2017, unaddressed risks and reasons for their neglect, and identify new corruption risks.

Civil Society Engagement in Justice Sector Reform. In this reporting period New Justice long term partner CSOs All-Ukrainian Coalition for Legal Aid (UCLA) and International Development Foundation (IDF) completed an important assessment of how courts implement performance improvement recommendations developed by CSOs, based on 2019 CRC surveys when 603 courts in 23 oblasts of Ukraine received more than 4,000 recommendations derived by user feedback. In this reporting period, UCLA and IDF randomly selected 112 courts in 14 oblasts and remotely, through online tools, interviewed judges and court staff about the recommendation they received from CSOs a year ago. The results of this assessment indicate that courts accepted 79% of the improvement recommendations from CSOs and rejected 9% of them. 12% of recommendations are still under consideration of the courts. Further, courts implemented in full 47% of CSO recommendations, 30% were implemented partially and 7% are currently in the process of implementation. UCLA and IDF also assessed how difficult it is for different courts to implement specific recommendations. In total, courts admitted that 51% of recommendations are easy (or relatively easy) to implement while 33% of recommendations are difficult, very difficult or close to impossible to implement. It is notable that for various courts the difficulties in terms of 22

implementing recommendations largely vary – similar recommendation can be easy in one court, and close to impossible to implement in another court.

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

OBJECTIVE 3: ADMINISTRATION OF JUSTICE ENHANCED

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

Strengthening the NSJ Ability to Continue Judicial Education During the Unprecedented Challenges Appeared with COVID-19. Jointly with the National Judicial College in Reno (USA) and the NSJ, New Justice conducted a series of nine webinars on October 15, 21, November 4, 11, 17, 24, and December 1, 8, 16, 2020 to discuss and share experiences with U.S. colleagues regarding topical questions of their day-to-day work in general, and during the pandemic, in particular.

Online Training for Supreme Court Justices. On October 30 and December 4, 2020, New Justice supported the NSJ and SCt in conducting an online training for SCt justices. New Justice contributed to the event agenda with a presentation of Chief Justice of the Washington State Supreme Court Ms. Debra Stephens.

Curriculum for Judges on Caseflow Management. On November 13, 2020, New Justice supported the NSJ in conducting a webinar for the members of NSJ Working Group – developers of the curriculum for judges on “Judicial Control over Caseflow Management: Foundations and Fundamentals.” During the event, New Justice international expert Dr. Giuseppe Fazari, who has been guiding Working Group efforts during the last 12 months, presented the finalized curriculum and recommendations on its launch for the benefit of the appeal and cassation level court judges. New Justice national expert Volodymyr Kutsenko provided the participants with his recommendations on adapting the curriculum to the needs of the Ukrainian judiciary and stressed the importance of extending the delivery of the training course to the judges of the trial courts, as well as to the candidates for judicial office. The participants to the meeting agreed to continue working on developing the curriculum. New Justice expressed its readiness to provide the NSJ with as-needed further support for incorporation of the training course into the NSJ judicial ongoing training modules, including organizing the training for potential trainers.

Promotion of the Ethical Standards of Mediators. During the reporting period, New Justice supported the National Association of Mediators of Ukraine (NAMU) and regional organizations of mediators in conducting a joint webinar with the Federal Mediation and Conciliation Service (USA) on ethical challenges and the accreditation of mediators and how it can contribute to community development. The webinar took place on December 2, 2020.

Improving Enforcement Efficiency. Currently the Unified Registry of Private Enforcement Officers includes 260 PEOs, including 14 whose licenses were suspended and two whose licenses were rescinded by the PEO Disciplinary Commission. On November 26, 2020, APEOU conducted consequent Congress of PEOs. Among the key decisions adopted at the Congress were the selection of the new Head and the Secretary of the APEOU. Delegates choose PEO Vitaliy Chepurniy as the new Head of the Association while PEO Aleksandr Sivokozov per decision of the Congress remained APEOU Secretary. Also, the Congress selected new members of the APEOU Ethic Committee and APEOU Financial Audit Commission, as well as approved the budget of the Association for 2021.

The Working Group (WG) on Enforcement Legal Framework established the Parliament Committee on Legal Policy and completed review and discussion of the provisions of the draft laws No. 3609, No. 3726, No. 3727, No. 3728, and No. 3729. Participants of the WG includes authors of the drafts, specifically the MOJ and members of the Committee, as well as representatives of the APEOU, New Justice, and EU Pravo-Justice Project.

Also, during the previous reporting period, several other legislative initiatives were registered in the Parliament. On November 5, 2020, the draft law No. 4330 was submitted to the Verkhovna Rada. The bill expands the rights of private enforcement officers, allowing them to enforce cases against state institutions if the value of debt is not higher than UAH100K as well as against decisions of the ECtHR. The draft also provides PEOs with the right to inquire for court extra explanation in case of need.

The same day, the Cabinet of Ministers of Ukraine (CMU) submitted to the Parliament draft law No. 4331 extending the list of the type of decisions PEOs can enforce adding to them court decisions to impose an administrative fine. Later, on December 21, 2020, the CMU registered one more draft No. 4532 that supplements initiatives of bill No. 4331.

Key Achievements to Date Efficiency in Administration of Justice. During this reporting period, New Justice continued to provide the COJ, SJA, and HCJ with support in applying the results of the case weighting study to determine the necessary number of judges in Ukraine’s courts. On November 25, 2020, the HCJ passed the decision to approve the case weights developed with New Justice support and authorize their use to determine the number of judges and the budget requests of courts. The study, conducted by New Justice, showed a large gap between the actual number of judges working in Ukrainian courts and the number needed to handle the current judicial workload. This will likely result in an increase of the number of judicial staff positions in courts. At the same time, New Justice recommends taking a cautious approach in this matter and conducting a new case weighting study once most of the current vacancies in courts have been filled, since the current understaffing of courts may be the source of considerable data distortions.

To assist the judiciary in reducing its workload, as well as to promote access to justice through alternative dispute resolution mechanisms, on December 17, 2020 New Justice unveiled its Solution Finder – a system designed to assist citizens to resolve their legal issues with certain Online Dispute Resolution functionality. With the help of the online Solution Finder platform, users will be able to: • obtain organized legal information which will automatically be adjusted to the circumstances of each specific case, about dispute resolution pathways regarding (1) minor traffic violations, (2) uncontested divorce, and (3) child support alimony cases; • make an informed decision on further actions;

• prepare documents based on templates (applications and others) to be submitted to the court or any other body depending on the chosen resolution pathway; • submit them to the court using electronic digital signature (EDS).

Supreme Court Chief Justice Valentyna Danishevska, Chair of the Verkhovna Rada Legal Policy Committee Andrii Kostin and Chair of the Council of Judges Bohdan Monich participated in the presentation.

In order to popularize the Solution Finder, New Justice in partnership with the National Judicial College in Reno (USA) conducted the Webinar “Online Dispute Resolution (ODR) to Reduce Judicial Workload & Improve Access to Online presentation of the Solution Finder platform on December 17, 2020. PHOTO: USAID New Justice Program. Justice,” focusing on the role of ODR in streamlining court processes and reducing judicial workload, as well as on providing better and accessible services to the public.

Additionally, under the framework of the Protocol of Cooperation signed between the AMCU and New Justice, New Justice experts began analyzing the processes for reviewing complaints against public procurement. Based on the outcomes of this review, New Justice will consider the possibility to provide additional support to the AMCU based on the Solution Finder platform.

New Justice continued providing support to improve the efficiency of the administration of justice through reforming the governance structure of the judiciary, as requested by the Verkhovna Rada Legal Policy Committee. To that end, New Justice’s team of Ukrainian, European, and U.S. experts conducted a gap analysis of the current governance structure, evaluated the potential need to merge the HCJ with the SJA, and prepared recommendations and well as respective draft legislative changes. The experts also paid special attention to the UJITS development process and made recommendations to that end.

Strengthening the NSJ Ability to Continue Judicial Education During the Unprecedented Challenges of COVID-19. New Justice continued to support the NSJ in introducing training programs considering challenges facing the NSJ and judges with the COVID-19 pandemic. With New Justice support, the NSJ should be able to develop web-based events and prepare faculty to conduct them, and to teach new topics online.

Challenges and quarantine restrictions that appeared with COVID-19 create new opportunities for New Justice to use modern tools such as webinars, web-based trainings, conferences, to promote distance education for the NSJ. In this regard, New Justice built the capacity of the NSJ to properly respond and implement such opportunities. During October – December 2020 New Justice jointly with the National Judicial College in Reno (USA) and the NSJ conducted a series of nine webinars on How to Prepare and Conduct Webinars; Fundamental Writing Skills; Mindfulness and Stress- Reduction in the Delivery of Justice; Online Dispute Resolution to Reduce Judicial Workload and Improve Access to Justice; Core Skills for Judges While Presiding Over Domestic Violence Cases; Art of Sentencing; Ethical Aspects of Communication in Social Media; Managing the Jury Trial; Disciplinary Proceedings against Judges in the U.S. 25

More than 1,100 justice sector professionals, including chief judges, SCt justices, HACC judges, local courts judges, judicial assistants, lawyers, academics, students, NSJ representatives and representatives of its regional branches, court staff and court administrators, mediators, NGOs, and donor organizations representatives from all regions of Ukraine, except the occupied areas, attended the abovementioned events. Participants received materials and recordings of the webinars. Records of the webinars are available on New Justice website and YouTube channel. New Justice received very positive feedback from the participants. More information is available following the next links: http://nsj.gov.ua/ua/news/profesiyniy-rozvitok-vikladachiv-yak-pidgotuvati-ta-provesti- vebinari/; http://nsj.gov.ua/ua/news/sagfdgsdf/; http://nsj.gov.ua/ua/news/usvidomlenist-ta-znijennya-stresu-pri-zdiysnenni-pravosuddya/; http://nsj.gov.ua/ua/news/onlayn-virishennya-sporiv-dlya-zmenshennya-navantajennya-na- suddiv-ta-pokrashennya-dostupu-do-pravosuddya/; http://nsj.gov.ua/ua/news/navichki-dlya-efektivnogo-rozglyadu-sprav-povyazanih-z-domashnim- nasilstvom/; http://nsj.gov.ua/ua/news/mistetstvo-uhvalennya-viroku/; http://nsj.gov.ua/ua/news/etika-v-sotsmerejah/; http://nsj.gov.ua/ua/news/sudoviy-protses-za-uchasti-prisyajnih-u-ssha/; http://nsj.gov.ua/ua/news/distsiplinarne-provadjennya-stosovno-suddiv-u-ssha/.

Online Training for Supreme Court Justices. On October 30 and December 4, 2020, New Justice supported the NSJ and SCt in conducting online trainings for SCt justices. Invited by New Justice, Chief Justice of the Washington State Supreme Court Ms. Debra Stephens shared with Ukrainian colleagues her experience in the vital issues regarding reaching the balance between judicial independence and accountability, issues on filters for accepting cases and case law practice unification by the Washington State Supreme Court, and on ethical considerations and community engagement by judges. More information is available following the links below: http://nsj.gov.ua/ua/news/verhovniy-sud/; http://nsj.gov.ua/ua/news/onlayn-pidgotovka-suddiv-kasatsiynih-sudiv-u-skladi-verhovnogo- sudu/

Promotion of Ethical Standards of Mediators. On December 2, 2020, New Justice jointly with the Federal Mediation and Conciliation Service (USA) and National Association of Mediators of Ukraine conducted a webinar "Ethical challenges and accreditation of mediators - how it can contribute to community development". New Justice supported NAMU to develop the Code of Ethics. But there is no practice for dealing with Code violations yet. The professional mediators’ community does not have its own experience with how to start this complex dialogue, and at the same time, hasty implementation of new ethical violations procedures carries a potential risk of tension in the community and/or negative impacts. The issue of accreditation, as an “exam among equals,” requires an accurate high-quality design of a transparent accreditation process, and it should become a factor for strengthening the community and improving the quality of service. Taking into consideration that both processes in Ukraine have not yet started, and that they are complex and quite sensitive, the experience and expertise of FMCS colleagues, as presented during the webinar, is important at the initial stage to help to avoid mistakes. About 70 participants, including mediators, lawyers, free legal aid practitioners attended this online event. More information can be found here.

Arbitration. In the reporting period, New Justice ADR experts conducted a series of meetings and consultations including representatives of the MOJ, Office of the President of Ukraine, National Investment Council of Ukraine, American Chamber of Commerce (AmCham), International Commercial Arbitration Court (ICAC), and judges and lawyers. The experts worked to review and assess the underlying environment for establishing a new international arbitration court, considering issues related to the legal and regulatory framework, the range of ADR services, facilities, staffing, and overall financial and operational sustainability. Following stakeholder meetings and consultations, the experts will develop a report on perspectives for improving commercial dispute resolution to improve the overall investment climate in Ukraine.

Arbitration. On December 16, 2020, New Justice presented online the findings and recommendations of the assessment of the underlying environment for commercial dispute resolution (CDR) in Ukraine. As part of the assessment, experts reviewed the relevant legal and regulatory framework, gathered related information and data, conducted key stakeholder interviews, and considered related international developments and best practices. Key stakeholders and Online discussion on improving CDR in Ukraine on December 16, interviewees participated in a 2020. PHOTO: USAID New Justice Program. discussion on improving CDR in Ukraine, including three policy options: opening a branch office of an existing international arbitration institution, establishing a new international arbitration institution, and establishing a new specialized commercial court. The participants agreed that further discussion with the participation of the stakeholders will be beneficial for advancing CDR as a means of promoting economic growth. New Justice also involved three international experts to support key stakeholders, including but not limited to, the MOJ, Office of the President of Ukraine (OPU), Office of the National Investment Council of Ukraine (NIC), in further improving mechanisms for commercial dispute resolution. This will include assisting in the design and implementation of a comprehensive survey of stakeholder perceptions, needs and desires relating to the resolution of international and domestic commercial disputes and supporting a comprehensive review of the legal and regulatory framework to determine needed reforms and compatibility with international best practices. As requested by the NIC, the experts will also provide information on international practices concerning the arbitrability of corporate disputes and outline measures that can be taken to avoid the proliferation of irreputable arbitration institutes.

Improving Enforcement Efficiency. During the previous reporting period, New Justice supported the Parliamentary Working Group on Enforcement Legal Framework to review and discuss the list of issues that caused the greatest tension between the MOJ and representatives of the private enforcement officers’ profession. Within ten sessions, participants of the WG discussed such topics as accelerating access to PEOs profession, unification of PEOs disciplinary practice, automation of PEOs case management, extension of the scope of PEOs assistants, elimination of prohibitions on enforcing particular type of cases, MOJ control over PEOs operation, and better types of trade for confiscated property. However, consensus among the parties was only achieved in a few rare issues. Currently the Head of the WG MP Valeriy Bozhyk announced a break in the WG work, during which the Verkhovna Rada Legal Policy Committee will draft a unified draft law based on the 27

discussion held and opinions received. Tentatively, the first unified draft law will be presented to the members of the WG at the end of January 2020. In the meantime, New Justice expert Maryna Ogay completes the draft of Enforcement Economical Validity Study while other Program’s expert Oleksandr Svyrydenko continues to complete his last round of the contract supporting the MOJ in establishing better communication with the public.

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 advocate for and support comprehensive legal education reform despite the challenges that COVID-19 continued to pose. Due to the protracted scandals linked to the new MOE leadership, New Justice adjusted its legal education reform efforts to focus on developing a broad coalition of stakeholders for legal education reform and building capacity at leading law schools, legal education committees of lawyers’ associations, and law student associations. At the same time, New Justice continued to build on previous achievements and supported the Working Group on Legal Education Reform of the Legal Reform Commission under the President of Ukraine, the MOE Task Force on the Unified State Qualifications Exam, the Verkhovna Rada Committee on Education, Science, and Innovations, and other key stakeholders in enabling a comprehensive legal education reform as a precursor for a well-functioning legal profession in Ukraine. Additionally, through modified protocols of cooperation, New Justice secured commitments from key legal education stakeholders regarding the continued usage of the materials/methods pertaining to legal education quality assurance introduced in the course of the New Justice implementation.

Key Achievements to Date Finalizing the draft Legal Education Reform Concept Paper. During the reporting period, New Justice continued to promote the development of a comprehensive legal education reform strategy. To this end, on November 11, 2020, New Justice supported the Verkhovna Rada Committee on Education, Science, and Innovations in preparing and conducting an online committee hearing on legal education reform. Over 120 participants, including First Deputy Head of the Verkhovna Rada Ruslan Stefanchuk, Head of the Parliamentary Committee on Education, Science, and Innovations Serhiy Babak, Head of the Verkhovna Rada Legal Policy Committee Andriy Kostin, Head of the Parliamentary Sub- Committee on Higher Education Yuliia Hryshyna. The video broadcasting of the committee hearing attracted over 10,000 online viewers. As a result of the committee hearing, the participants received up-to-date information about the state of legal education system, shared their perspectives on the steps First Deputy Head of the Verkhovna Rada Ruslan Stefanchuk is to be taken to strengthen legal education addressing the participants of the committee hearing on legal quality, and contributed to developing the education reform on November 11, 2020. PHOTO: USAID New Justice Program. 28

committee hearing recommendations for improving the quality of legal education. The Verkhovna Rada Committee on Education, Science, and Innovations then collected additional inputs from stakeholders and scheduled the finalization of committee hearing recommendations for January 21, 2021. This effort helped build momentum and a common vision for comprehensive legal education reform and served as an important step aimed to facilitate the adoption of the draft Legal Education Reform Concept Paper and its subsequent implementation through a Government Legal Education Reform Program. Acting Minister of Education and Science of Ukraine Serhiy Shkarlet, Deputy Minister on Higher Education Andriy Vitrenko, Minister of Justice Denys Maliuska, Head of the Working Group on Legal Education Reform of the Legal Reform Commission under the President of Ukraine Nataliya Kuznietsova, Head of the Ministry of Education Subcommittee on Legal Education Standards Andriy Boyko, Deputy Head of the National Agency for Higher Education Quality Assurance Andrii Butenko, and law school administrators, experts, opinion leaders, student leaders, and leaders of lawyers’ associations attended the hearing to discuss the draft Legal Education Concept Paper. The video broadcasting of the committee hearing attracted over 10,000 online viewers. As a result of the committee hearing, the participants received up-to-date information about the state of legal education system, shared their perspectives on the steps to be taken to strengthen legal education quality, and contributed to developing the committee hearing recommendations for improving the quality of legal education. The Verkhovna Rada Committee on Education, Science, and Innovations then collected additional inputs from stakeholders and scheduled the finalization of committee hearing recommendations for January 21, 2021. This effort helped build momentum and a common vision for comprehensive legal education reform and served as an important step aimed to facilitate the adoption of the draft Legal Education Reform Concept Paper and its subsequent implementation through a Government Legal Education Reform Program.

Developing a broad coalition of legal education reform stakeholders, New Justice supported the DEJURE Foundation in drafting and promoting a Legal Education Reform Manifesto published on November 26, 2020 as a tool for growing and signaling wide support of the draft Legal Education Reform Concept Paper. As a result, over 20 civil society organizations, including the Reanimation Package of Reforms, the Association of Ukrainian Lawyers, the Students’ League, the Association of Legal Clinics, and the Anti-Corruption Action Center (ANTAC), and 40 individuals, including MPs, law deans, higher education experts, and opinion leaders, signed the Legal Education Reform Manifesto calling on the Verkhovna Rada Committee on Education, Science, and Innovations and the President of Ukraine to support the draft Legal Education Concept Paper and on the Cabinet of Ministers of Ukraine to develop a Government Legal Education Reform Program enabling comprehensive legal education reform in accordance with the GOU Action Plan.

Supporting the Implementation of a Rigorous, Corruption-free Exam for Law School Graduation. New Justice continued to support the MOE Task Force on the Unified State Qualifications Exam (USQE) to ensure the organizational and analytical support in preparing for and piloting the USQE. To this end, New Justice supported the MOE in conducting the Task Force’s meetings online due to COVID- 19 to design the USQE concept, program, and action plan for its piloting. During its October 6, 15, and 22 meetings, the MOE Task Force on USQE discussed and developed the USQE’s draft program based on the National Legal Education Standards for master’s degree Programs in Law. As a result, the MOE Task Force drafted the USQE program that specifies the following key program elements: constitutional law, civil law, civil procedure, criminal law, criminal procedure, and professional responsibility of lawyers. New Justice will continue to support the MOE Task Force on USQE preparations for the exam piloting scheduled for May 2021.

Instilling a Culture of Integrity, Anti-corruption, and Lawfulness. New Justice also continued to promote anti-corruption education by engaging four leading law schools across Ukraine in delivering an online course on anti-corruption in cooperation with Professor Speedy Rice of the Washington and Lee University School of Law (W&L) (Lexington, Virginia, U.S.A.) and guest speakers, including Director of SOE “Medical Procurement” Arsen Zhumadilov. Further, on November 19, 2020, New Justice organized and conducted the 5th International Anti-Corruption Workshop in cooperation with the W&L and four leading Ukrainian law schools whose students and faculty participated in the implementation of an international online anti-corruption course with Professor Speedy Rice. During the workshop, over 35 law students, faculty, and anti-corruption practitioners from Ukraine, Canada, and the U.S., including CEO of SOE “Prozorro” Vasyl Zadvornyy, Certified Anti-Money Director of SOE “Medical Procurement” Arsen Zhumadilov is delivering Laundering, Risk Assessment, and a guest lecture on corruption prevention in public procurement to the Intelligence Professionals Oleh Feday and participants of the international online anti-corruption course on October 1, 2020. PHOTO: USAID New Justice Program. Andreu Salva, and ANTAC Asset recovery and Anti-Money Laundering Expert Tetyana Shevchuk, discussed and exchanged good practices of countering corruption in public procurement, prevention of money laundering, and ensuring asset recovery, as well as respective lessons learned. This effort empowered workshop participants, in particular Ukrainian faculty and students, with new knowledge, skills, and tools to prevent and counter corruption as well as promote an ethical learning environment at Ukrainian law schools.

Ensuring the sustainability of USAID investments in the implementation of the international online anti-corruption course, New Justice facilitated dialogue between the leadership of the Yaroslav Mudryi National Law University (NLU) and W&L resulting in an agreement to continue and develop their cooperation on anti-corruption after New Justice ends. The NLU will serve as a local hub for future implementation of the course jointly with W&L and in cooperation with other leading law schools, such as the Ostroh Academy School of Law.

Building on its efforts to promote anti-corruption, ethics, and integrity education, New Justice agreed to cooperate with the United Nations Office on Drugs and Crime (UNODC) in translating its 14 Education for Justice (E4J) University Online Modules on Integrity and Ethics along with a Teaching Guide into Ukrainian. Once translated, the UNODC will upload the materials onto its E4J online platform for Ukrainian law schools to use to teach integrity and ethics as part of their modernized curricula. This effort will promote the culture of lawfulness and strengthen Ukrainian law schools’ capacity to teach ethics and integrity as a fundamental part of a quality learning environment. Further, New Justice agreed to cooperate with the University of East Anglia (UK) on analyzing the impact of integrity and ethics training on students’ behavior by designing and conducting behavioral experiments in cooperation with interested leading Ukrainian law schools.

Implementing Legal Education Standards. To support the implementation of legal education standards, focusing on their aspects related to foreign language skills, New Justice supported seven leading Ukrainian law schools in establishing an inter-university task force on developing a Model Legal English Course Syllabus and engaged Professor Christopher Kelley of the University of Arkansas School of Law to guide and support the task force with his extensive expertise and teaching resources. In October–December 2020, the task force developed the course learning 30

objectives, designed the general course structure, and started to fill it in with section-specific content. Further, New Justice engaged two international legal education experts and three local legal education experts with extensive expertise in teaching legal writing to develop a Model Legal Writing Course Syllabus to strengthen the capacity of Ukrainian law schools to teach legal writing skills. These efforts will contribute to strengthening Ukrainian law schools’ capacity to implement national legal education standards ultimately contribute to raising the overall quality of legal professionals throughout Ukraine.

Evaluating Impact of External Assessments of Law Schools. New Justice assembled a team of four international and local legal education experts and launched the evaluation of the impact of the external, independent, on-site assessments of legal education quality conducted with USAID support in four leading Ukrainian law schools in 2014-2018. The experts developed the Methodology for the Evaluation of Impact of External, Independent, On-Site Assessments of Legal Education Quality, and based on the Methodology conducted a series of online surveys of legal education stakeholders, quality assurance documentation reviews, NAHEQA Deputy Head Ivan Nazarov is commenting on the interviews, and focus group discussions impact of USAID-supported external, independent, on-site assessments of legal education quality on Ukraine’s national with law school administrators, faculty, law system of higher education quality assurance on November 24, students, and legal employers related to 2020. PHOTO: USAID New Justice Program. each of the law schools assessed earlier. Further, to evaluate the impact of USAID- supported law school assessments on the national system of higher education quality assurance, the experts conducted a series of interviews with representatives of national-level bodies working to ensure legal education quality and familiar with the methodology and results of law school assessments, including Deputy Head of the National Agency for Higher Education Quality Assurance (NAHEQA) Ivan Nazarov and Head of the MOE Sub-Committee on Legal Education Standards Andriy Boyko. This effort will result in a comprehensive expert report analyzing the impact of USAID- supported law school assessments on legal education quality assurance in the assessed law schools and on higher education quality assurance at the national level. The impact evaluation report will also provide recommendations for further improvement of legal education quality assurance mechanisms at the level of law schools and the national level, as well as recommendations for further donor programming aimed at strengthening legal education quality.

Linking Academia with the Legal Profession. During the reporting period, New Justice strengthened the capacity of the Volyn National University School of Law to meet job market expectations by supporting the law school in designing, developing respective by-laws, and establishing its comprised of six Lutsk-based leaders of the legal profession working in the judiciary, advocacy, procuracy, notary service, public service, and business. The Board of External advisors engages law student self-governance leaders in supporting its operations and, with its wealth of expertise, serves as a resource for the law school. The Board provides the law school with strategic advice regarding its future development, aims to create new development opportunities for the law school community, and helps the law school to strengthen its links with the legal profession. As its first 31

task, the Board is analyzing the current law school curriculum through the lens of legal job market requirements and will provide the law school’s Academic Council with recommendations for improvement. New Justice will continue to support the Volyn National University School of Law and other interested law schools in building bridges with the legal profession. Board of External Advisors comprised of six Lutsk-based leaders of the legal profession working in the judiciary, advocacy, procuracy, notary service, public service, and business. The Board of External advisors engages law student self-governance leaders in supporting its operations and, with its wealth of expertise, serves as a resource for the law school. The Board provides the law school with strategic advice regarding its future development, aims to create new development opportunities for the law school community, and helps the law school to strengthen its links with the legal profession. As its first task, the Board is analyzing the current law school curriculum through the lens of legal job market requirements and will provide the law school’s Academic Council with recommendations for improvement. New Justice will continue to support the Volyn National University School of Law and other interested law schools in building bridges with the legal profession.

New Justice continued to engage professional associations of lawyers in legal education reform. To this end, on October 16, November 13, and December 22, 2020, New Justice supported the Legal Education Policy Committee of the Association of Advocates of Ukraine (AAU) in preparing and conducting a series of online public discussions on the implementations of national legal education standards through enhancing law schools’ cooperation with the legal profession. The events focused on building a dialogue between the authors of the national legal education standards, law schools administrators and faculty leaders, as well as the leadership of MOJ territorial Head of South-West Interregional Department of Justice Victoria Vasylchuk is sharing her views on improving the departments and representatives of the quality of student externships on November 13, 2020. PHOTO: judiciary, including Head of MOE Sub- USAID New Justice Program. Committee on Legal Education Standards Andriy Boyko, Head of South-West Interregional Department of Justice Victoria Vasylchuk, Deputy Head of South-East Interregional Department of Justice Tetyana Anishenko, and Supreme Court Justice Arkadiy Bushchenko. The online discussions attracted the attention of over 1,970 online viewers and resulted in the establishment of two task forces on the development of a Model Program for Student Externships in the MOJ territorial departments and a Model Program for Student Externships in Courts. These efforts facilitated the implementation of legal education standards and contributed to enhancing the quality of the law students' skills-based and practice- oriented training through improved externships.

Additionally, New Justice engaged the Association of Lawyers of Ukraine (ALU) in discussing opportunities for developing, testing, and scaling the implementation of the methodology for law school rankings aimed at fostering fair competition and a race to the top among law schools. To this end, in October – November 2020, New Justice supported the ALU Legal Education Committee in conducting a series of working meetings with legal education stakeholders, including the Association of Legal Clinics, the Law Students’ League, and the DEJURE Foundation, aimed to forge a coalition supporting the implementation of law school rankings. As a result, the ALU Legal Education Committee with New Justice’s support set up a task force on law school rankings including representatives of other interested legal education stakeholders and

drafted a list of criteria for law school rankings adapted to the Ukrainian context. The ALU then requested New Justice’s Head of ALU Legal Education Committee Maksym Sheverdin is presenting the ALU vision of law school rankings to legal education stakeholders on expert support in developing November 4, 2020. PHOTO: USAID New Justice Program. comprehensive methodology for law school rankings and piloting it in 2021. New Justice will continue to support the ALU in designing and piloting the methodology of law school rankings and foster the ALU self-reliance in conducting law school rankings going forward.

Building Alliances among key Law Student Associations to Foster Self-reliance and Drive Legal Education Reform. In addition, New Justice continued to engage Ukraine’s two largest law student associations in legal education reform efforts and foster their self- reliance in transforming the legal education sector. To this end, on December 21, 2020, New Justice supported the Students’ League in preparing for and conducting the final round of the Legal Education Reform Hackathon. Over 170 students, faculty members, and legal professionals from over

32 universities from across Ukraine organized into over 40 teams participated in Supreme Court Justice Dmytro Hudyma is serving on a panel of Legal Education Hackathon judges and providing comments on the finalists’ the Legal Education Reform Hackathon, performance on December 21, 2020. PHOTO: USAID New Justice benefiting from mentoring, going through Program. three check-points and two semi-finals, with only five teams making it to the final round. The finalists pitched their projects aimed at strengthening legal education quality to a panel of over 20 judges comprised of legal professionals, faculty members, and sitting judges and competed with their ideas on how to modernize legal education. The team of law students from the Kmelnytskyi University of Public Administration and Law won the final round with its developed and tested draft course syllabus titled “Use of Open Databases in Legal Practice” aimed to improve the quality of law students’ training for today’s increasingly digital, big-data-driven legal job market. New Justice together with the Law Students’ League will support the Hackathon winner in finalizing the draft course syllabus, presenting it to the administrators and faculty of the leading law schools, and 33

implementing it to ensure skills-based and practice-oriented training of future lawyers. The Legal Education Reform Hackathon helped develop numerous student initiatives aimed to improve legal education quality, contributed to developing a wider coalition of legal education reform stakeholders as well as further building momentum for comprehensive legal education reform.

Further, New Justice supported the Students’ League and the European Law Students’ Association in developing a partnership with the Sociological Association of Ukraine to facilitate their cooperation aimed at designing and implementing a national student opinion survey on the implementation of legal education standards and other key aspects of legal education reform. New Justice will provide the law student associations with expert support to assist them in designing, implementing and analyzing the national student opinion survey in Spring 2021 as well as fostering the Students’ League and ELSA’s self-reliance in transforming the legal education sector through annual student opinion surveys serving as corrective feedback loops for continuous improvement of legal education going forward.

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

In order to improve the understanding and proper application of the rule of law principle among legal professionals and scholars, New Justice conducted the first translation into Ukrainian of Tom Bingham’s book On the Rule of Law. The translated book will be disseminated among a broad audience in Ukraine’s justice sector in the next reporting period. These efforts help 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.

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

New Justice continues supporting the Judiciary, Association of Women-Lawyers of Ukraine and other women rights protection organizations in their work on counteracting gender-based violence, focusing on coordination of efforts of all involved in this issue: the judiciary, community justice

centers, NGOs and state actors in this respect as this issue demands a complex approach. The ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence (known also as Istanbul Convention) is still pending.

New Justice continues to support developing CJCs in Ukraine. CJCs provide a sustainable mechanism for collaboration between justice sector institutions and the communities that they serve by providing a one-stop shop for the public to access a wide range of services, including legal aid and mediation services that will help to better resolve legal issues at the local level. New Justice CSO partners, in cooperation with local courts and local government currently operate six CJCs: in the City of Odesa, in Tatarbunary of Odesa Oblast, in Chuhuyiv of Kharkiv Oblast, in Bila Tserkva of Kyiv Oblast, in the City of Chernihiv and in Ichnya of Chernihiv Oblast. In this reporting period New Justice issued follow-on grants to CSOs implementing CJCs in Chernihiv, Chuhuyiv, Ichnya and Odesa, and establishing branch of Chuhuyiv CJC in Stanytsia Luhanska Community of Luhansk Oblast located immediately on the border of armed conflict territory.

Key Achievements to Date Providing Greater Protections to GBV Victims and Other Vulnerable Groups. On November 17, 2020, New Justice, in cooperation with the National Judicial College (USA), conducted a webinar on Core Skills for Judges While Presiding Over Domestic Violence Cases to share the best practices of the U.S. justice sector response to domestic violence, including providing deeper understanding of the psychology of the victim and abuser, and tips on working with self-represented or difficult litigants. New Justice also started working on involving Association of Women-Lawyers of Ukraine (JurFem) via a grant award to develop online course on Gender Equality and Women’s Rights for law school students, based on previously developed by them in-class course.

Developing Community Justice Centers. Due to the current pandemic situation and quarantine measures in Ukraine, CJCs provide legal aid and consultations to customers remotely using messengers, phone communication, and Facebook. In exceptional cases when resolving issue needs face-to-face contact between CJC personnel and a particular customer, CJCs allow limited reception of the customer in the office. Each CJC serves 150-250 citizens per month and reported provided legal support to more than 1,000 people in this reporting period. Meanwhile, CJCs substantially increased their role as community platform to prevent, identify and resolve community legal issues including domestic and street violence, trafficking in person (including minors), and community conflicts derived by local disputes. Odesa CJC and Chernihiv CJC conducted a series of trainings for all community stakeholders, including law enforcement and social service workers, on preventing and overcoming domestic violence issues.

In this reporting period, CJCs expanded their cooperation with courts and other justice sector institutions, taking into consideration the new challenges in access to justice as the result of the pandemic situation. Chernihiv CJC opened its branch office in Bakhmach Raion Court of Chernihiv Oblast. Bakhmach Raion Court provided room in its facility where the CJC will locate its legal consultants or community advisors and will be open for visitors part time after quarantine restrictions ease. Chuhuyiv Right Protection Group who operates CJC in their community started the process of establishing CJC in Stanytsya Luhanska with New Justice grant support and are in ongoing consultations with USAID Human Rights in Action (HRA) Program. CJC in Stanytsya Luhanska will be dealing largely with a population affected by armed conflict as it is located right on the border between GOU-controlled and non-controlled areas.

Chuhuyiv and Chernihiv CJCs in this reporting period substantially expanded their work online with larger groups of the population through producing video lessons on various legal topics and 35

broadcasting them on social networks. Issues covered by these lessons include but are not limited to employment, migration, prevention of trafficking in person and others.

Supporting Juvenile Justice Reform. On November 12, 2020, New Justice participated in the meeting of the subgroup "Justice for Children" of the Working Group on Justice and Rule of Law organized by the MOJ with EU Pravo-Justice Project support. Oleksandr Banchuk, Deputy Minister of Justice, Chair of the Inter-Agency Coordination Council on Juvenile Justice, and Naira Avetisyan, Chief of Child Protection Section, UNICEF Ukraine, made welcoming remarks. At the meeting, the draft Justice Sector Working Group Work Plan for 2021 was introduced and discussed. The Inter-Agency Coordination Council on Juvenile Justice presented results and plans for 2021. Representatives of governmental institutions and international technical assistance projects shared information on planned activities in the area of juvenile justice. These joint efforts are aimed at creating child- friendly justice, which in its turn will increase the level of security in communities and facilitate their social and economic development.

Supporting GOU Efforts in Using Law as an Instrument of National Power. New Justice continued supporting the MOJ in designing activities on improving coordination and communication among all governmental and non-governmental stakeholders involved in national and international disputes and court cases arising out of the armed conflict on the territory of Ukraine. New Justice conducted training needs assessment of the MOJ, MFA and PGO lawyers involved in inter-state litigation related to the armed conflict on the territory of Ukraine. The online training program will focus mostly on 1) the mandate and case law of international courts and tribunals most relevant to the situation in Ukraine; 2) the ECtHR procedure in relation to the admissibility of evidence and the standard of proof. The training program will be conducted in the next reporting period.

Also, New Justice supported the MOJ in conducting a training needs assessment of the Department on Litigation staff lawyers, who ensure self-representation and representation of the interests of the Cabinet of Ministers of Ukraine, MOJ and their officials in the courts of Ukraine. The training program will improve practical skills in legal writing in order to perform their duties while preparing legal documents and will be conducted in the next reporting period.

Promoting Cutting Edge Digital Solutions to Strengthen Access to Justice. New Justice, in cooperation with the Office of the OSCE Project Coordinator in Ukraine, supported the Ministry of Digital Transformation (MDT) in designing and producing the video series titled “Digital Lawyers” on the national online educational platform Diia.Osvita. The series built on the Model Legal Innovations Curriculum developed with New Justice support. Participants, who have learned the content and passed the test, earn a certificate of recognition of their learning from the MDT. The series audience includes law students, law professors, legal professionals, and the public at large.

Also, New Justice issued the RFA and selected Speakers of the “Digital Lawyers” series on the product cover implementor of the “Innovations for Free Legal Aid picture in October 2020. PHOTO: Ministry of Digital Transformation. System” grant project. Project activities are aimed 36

at providing support to the CCLAP and PRAVOKATOR legal clubs staff in strengthening their capacity to manage the innovation process and to develop cooperation with the private sector and civil society. Grant project activities will include training on innovations management, conducting citizens’ legal needs assessment and hackathons to design solutions for better access to justice. Grant project activities will be implemented in the next reporting period.

Introducing People-Centered Justice Approach to Ukrainian Audience. New Justice, in cooperation with Pathfinders for Peaceful, Just and Inclusive Societies, Legal Development Network NGO and Ukrainian Access to Justice School of Practice conducted a national online consultation on people-centered justice. It was the first in a series of events aimed to introduce and promote the concept of people-centered justice in Ukraine with a focus on problems people face in the justice sector during the COVID-19 pandemic. Participants included national and local government Minister of Justice Denys Malyuska provides welcoming remarks at the online consultation on people-centered justice in Ukraine on November representatives, judiciary, bar, grassroots legal empowerment organizations, civil society, and donor community. Minister of Justice Denys Malyuska and Council of Judges Chair Bohdan Monich delivered welcoming remarks. Former Attorney-General and Minister for Legal Affairs of the Bahamas, Member of Task Force on Justice Allyson Maynard-Gibson delivered a keynote address. Leading international experts on people-centered justice and top-level public officials including the members of the Task Force on Justice on the UN Sustainable Development Goals targets for justice for all contributed to the event. Following the consultation, a national working group was established to develop a roadmap for addressing the needs of victims of gender- based violence by using people-centered approach.

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

According Monitoring, Evaluation and Learning Plan (MELP) revised in August 2020 and approved by USAID, New Justice has 21 output and outcome indicators to measure Program key results represented by five Objectives and sixteen Sub-Objectives. New Justice targets are annual, thus in the Quarterly Reports we analyze quarterly progress against annual targets.

Attachment C Performance Data Table provides details regarding the status of New Justice performance indicators as of the end of this quarter. The table below summarizes New Justice actual progress made in this reporting period against 21 annual targets disaggregated by the five project Objectives:

Number of indicator Progress made towards New Justice Objectives targets for 2021 2021 target Program Goal 1 0 Objective 1 5 0 Objective 2 4 2 Objective 3 5 1 Objective 4 3 0 Objective 5 3 0 TOTAL 21 3

In this reporting period New Justice made measurable progress towards 3 out of 21 (14%) targets set for this Program Year. The areas where New Justice Program made progress this quarter are training justice sector personnel which leads to improving their professional competencies, expertise, ability to identify and prevent conflict of interest, and, thus, to counteract corruption. Another area of making progress is implementation of CSO-developed performance improvement recommendations by courts which leads to increasing accountability of the judiciary to citizens and civil society.

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

• Number of judicial personnel trained with USG assistance. In this reporting period, New Justice trained 936 judges and justice sector personnel in judicial discipline, managing jury trial, skills for dealing with domestic violence and communication. This number includes 151 judges and court staff trained in conflict of interest prevention and identification, contributing to New Justice Indicator Number of government officials receiving USG- supported anti-corruption training. • Percent of partner CSOs performance improvement recommendations implemented by courts. In this reporting period New Justice supported two CSOs who randomly selected 112 courts in 14 oblasts and remotely, through developed online tools interviewed judges and court staff about the recommendation they received from CSOs a year ago. The results of this assessment indicate that courts accepted 79% improvement recommendations from CSOs and rejected 9% of them. 12% of recommendations are still under the consideration of courts. Further courts implemented in full 47% of CSO recommendations, 30% implemented partially and 7% are currently in the process of implementation. New Justice applies weights on calculating the overall percentage, those that implemented in full or currently being implemented are counted in full, and partially implemented count at weights from 0,25 to 0,75. The weighted count generated the figure of 72% of recommendations implemented by courts against 75% of annual target for FY2021.

New Justice learning from Quarter 1 of Program Year 5 to be further addressed include:

• Success of Community Justice Centers, especially in the current situation of COVID-19 quarantine additionally confirmed the critical importance of justice sector reform at the local level. New Justice will continue supporting local initiatives where courts, civil society, local government, local councils, and community leaders are involved.

VII. LESSONS LEARNED • New Justice partner CSOs have very comprehensive expertise in various aspects of justice sector and anti-corruption reform. But their organizational capacity is much lower, especially in terms of internal governance, management, and financial viability. CSO organizational capacity is a key pre-requisite for self-reliance for majority of New Justice Program innovations including court performance evaluation, monitoring of judicial reform, community justice, legal hackathons etc. In its final year of implementation New Justice should promote more CSO organizational capacity, especially in internal democratic governance. • Against the backdrop of public scandals related to the appointment of Mr. Serhiy Shkarlet Minister of Education and Science of Ukraine, New Justice adjusted its activities to focus on building capacity at law schools, legal education committees of lawyers’ associations, and law student associations to drive legal education reform forward through new initiatives aimed at the implementation of national legal education standards. • The regular work of the Parliament was reprioritized by the COVID-19 pandemic. New Justice will continue close engagement with the Parliament’s Legal Policy Committee to promote the adoption of the draft Law on Mediation in the second reading.

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

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

IX. PROGRESS ON LINKS TO OTHER ACTIVITIES • New Justice closely cooperates with UNICEF in supporting the MOJ in advancing juvenile justice reform. • New Justice cooperates with UHHRU, International Renaissance Foundation, Global Rights Compliance, Ukrainian Legal Advisory Group in designing activities to support the GOU efforts in using law as an instrument of national power. • New Justice cooperates with the Office of the OSCE Project Coordinator in Ukraine supported the Ministry of Digital Transformation (MDT) in designing and producing the video series titled “Digital Lawyers” on the national online educational platform Diia.Osvita. • New Justice closely cooperates with the EU Project “Support to Rule of Law Reforms in Ukraine (Pravo-Justice)” in advocating for amendments to justice sector legislation to ensure their adherence to international and European Standards of judicial independence, providing analysis and recommendations to the Legal Policy Committee on the President’s draft law “On the Judiciary and Status of Judges’ and Selected Laws Regarding the Operations of the Supreme Court and Judicial Governance Bodie (No. 3711)”, which is an attempt to address key recommendations of the Venice Commission from December 9, 2019, as well as the decision of the CCU related to the Supreme Court of Ukraine on February 18, 2020, and the CCU’s ruling on Law 193-IX on March 11, 2020. • In the reporting period, New Justice jointly with donor partners from the EU worked closely on the analysis of draft legislature, important CCU’s decision, Venice Commission Opinions and strategic documents of the LRC, and proposed recommendations, that were presented to the leadership of the Parliamentary Legal Policy Committee and President’s LRC to be taken into account in the consideration by the Parliament and President. • New Justice closely cooperates with the EUAM in developing a legal framework aimed to introduce classic jury trials in Ukraine, and with EU Project Pravo-Justice with developing model solutions for courts in terms information accessibility and signage. • New Justice closely cooperates with the EU Project Pravo-Justice, OSCE and COE in advocating for amendments to the enforcement legal framework promoting adoption of the recently registered in the Parliament draft laws No. 3726, No. 3727, No. 3728 and No. 3729. • New Justice closely cooperates with the EU Project Pravo–Justice, USAID SACCI Project and EUACI to resolve effectively the NAPC right to conduct verification of e-declaration and lifestyle monitoring. • New Justice cooperated and coordinated with the Office of the OSCE Project Coordinator, the EU Project Pravo-Justice, and the United Nations Office on Drugs and Crime on legal education reform. • New Justice cooperates with the National Judicial College in Reno (USA) in conducting a series of webinars for justice sector professionals. • New Justice cooperates with the Federal Mediation and Conciliation Service (USA) in conducting a webinar series on ethics and accreditation of mediators.

X. PROGRESS ON LINKS TO HOST GOVERNMENT • New Justice supported the Verkhovna Rada Committee on Education, Science, and Innovations, the Working Group on Legal Education Reform of the Legal Reform Commission under the President of Ukraine in preparations for the Parliamentary Committee Hearing on Legal Education Reform and finalizing the draft Legal Education Reform Concept Paper. New Justice also supported the MOE Task Force on the Unified State Qualifications Exam (USQE) in the developing the USQE concept and program for its piloting. • New Justice provided expert support to the Legal Policy and Law Enforcement Parliamentary Committees regarding assessment of the three sets of currently registered in the Parliament bills on introduction of classic jury trials in Ukraine.

XI. PROGRESS ON INCLUSIVE DEVELOPMENT • New Justice in cooperation with Pathfinders for Peaceful, Just and Inclusive Societies, Legal Development Network NGO and Ukrainian Access to Justice School of Practice introduced to Ukrainian audience people-centered justice concept with a focus on problems people face in justice sector during the COVID-19 pandemic. Participants included national and local government representatives, judiciary, bar, grassroots legal empowerment organizations, civil society, and donor community. Following the consultation, a national working group was established to develop a roadmap for addressing the needs of victims of gender-based violence by using people-centered approach. • New Justice in cooperation with the National Judicial College (USA) conducted a webinar on Core Skills for Judges While Presiding Over Domestic Violence Cases to share with our judges the best practices of the U.S. justice sector response to domestic violence, including providing deeper understanding of the psychology of the victim and abuser, and the barriers victims may have with access to justice.

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

XIII. ACTIVITY ADMINISTRATION A. Constraints and Critical Issues The most challenging critical issue encountered by New Justice during the reporting period was the quarantine caused by COVID-19 pandemic. Restrictions imposed by the Ukrainian Government on conducting of mass events in March 2020 continued to be valid throughout October, November and December. In the view of these circumstances the New Justice team continued teleworking and did not conduct any in-person activities. Weekly team meetings as well as telecons were conducted via MS Teams or Zoom applications in order to ensure effective coordination of efforts and proper planning. Recruitment interviews with potential candidates for opened vacancies were also conducted via Zoom platform. All training activities, workshops and roundtables envisaged by the work plan were delivered as webinars and distant learning sessions; working meetings with stakeholders, program recipients and beneficiaries took place via videoconferencing tools. A limited number of team members, particularly finance and administration personnel, were authorized to be present in the office to carry out essential functions during fixed hours to ensure social distancing.

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

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

Simultaneously with the end of the fourth project year, on October 31, 2020 the duration of Employment Agreements (EAs) of 19 New Justice team members expired. In line with the results of annual performance evaluation the respective Supplementary Agreements extending the EAs validity for 11 months period till September 30, 2021 were concluded with 19 employees.

Following the negotiations carried out between the New Justice and the Program office landlord, renewal renovation works were conducted in the premises located on the third floor of the Program Kyiv annex office. The repairs were done at the cost of the landlord, in addition minor office-make ready works will be performed at the Program funds cost.

During the reporting period, New Justice involved the expertise of 16 Short-Term Technical Assistance (STTA) Expatriates, 1 STTA Pro Bono Expatriate, and 22 STTA Cooperating Country National (CCN) experts. The STTA Expatriates included experts from the U.S. and Third Country National (TCN) experts representing Netherlands, Germany, Sweden, and United Kingdom.

C. Contract Modifications and Amendments Within the reporting period there were no amendments or modifications applied to the prime contract.

Program Registration and Protocols of Cooperation. New Justice extended a protocol of cooperation with the State Judicial Administration of Ukraine on November 19, 2020. The document outlined areas where joint actions can be taken and where mutual support can be provided. New Justice concluded the Modifications to existing protocols of cooperation with the SCt, HACC, NSJ, National Agency for Higher Education Quality Assurance, National University of “Kyiv-Mohyla Academy”, 46

Yuriy Fedkovych Chernivtsi National University, National University “Odesa Law Academy” and Yaroslav Mudryi National Law University to extend the current protocols of cooperation until September 30, 2021, outline responsibilities between the Program and implementing partners.

Work Planning. The New Justice Annual Implementation Plan for the period from October 1, 2020 to September 30, 2021 was approved by USAID.

Program Monitoring by Beneficiary. Per beneficiaries’ request, New Justice provided them with detailed reports on program activities regarding activity for each Objective for the second half of the 2020.

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

E. Coordination and Partnerships To ensure ongoing coordination of the rule of law donor assistance, including avoiding duplication of effort, New Justice conducted three rule of law donors and implementers meetings this quarter. These regular meetings include more than 30 organizations and U.S. government funded rule of law projects, such as OSCE Project Coordinator in Ukraine, Council of Europe Office in Ukraine, EUAM Ukraine, EU-funded Project Pravo-Justice, Norwegian Rule of Law Advisers Probation Project (NORLAU), Support to Judicial Reform Project (SJRP), UN Human Rights Monitoring Mission in Ukraine, UNDP, etc. Within the reporting period, the above-mentioned meetings covered issues related to CJCs efforts in addressing new legal development challenges in their communities, regulatory framework for jury trial in Ukraine, as well as overview of the People-Centered Justice approach and its implementation in Ukraine.

Also, during the reporting period, New Justice representatives contributed to the first meetings of the thematic subgroups, namely "Private Legal Professions", "Justice for Children", judicial and e- Justice subgroups, of the Working Group (WG) on Justice and Rule of Law established by the MOJ as a part of implementation of a three-level donor coordination assistance structure. This WG includes representatives of donors and implementing partners, as well as all key Ukrainian stakeholders which work together to coordinate efforts in priority areas under the Program of Activities of the Cabinet of Ministers of Ukraine. New Justice in cooperation with the EU Project Pravo-Justice co- chairs the judicial and e-justice subgroups of the WG on a rotation basis providing technical and expert support. In addition, New Justice is a member of the private legal professions and juvenile justice subgroups.

XIV. ATTACHMENTS A. List of Deliverables

Annex 1: Textbook on Clinical Legal Education (Ukr.)

Annex 2: Revised version of the Rules of Conduct for Court Staff (Ukr.)

Annex 3: Joint New Justice and Pravo-Justice Recommendations to Improve Draft Law No. 3711 (Eng.)

Annex 4: Joint New Justice, SACCI, Pravo-Justice, EUACI, IDLO list of Judicial and Anti-Corruption Reform Priorities (Eng.)

Annex 5: Joint New Justice, SACCI, Pravo-Justice, EUACI, IDLO Judicial and Anti-Corruption Reform Implementation Matrix (Eng.)

Annex 6: Joint New Justice and Pravo-Justice Recommendations to Improve Draft Concept Paper on Judicial Reform (Eng.)

Annex 7: Joint New Justice and Pravo-Justice Comparative Table with Recommendations to Improve Draft Concept Paper on Judicial Reform (Eng.)

Annex 8: Joint New Justice and Pravo-Justice Recommendations to Improve Selection Process of the Constitutional Court’s Judges (Eng.)

Annex 9: Curriculum for Training Course “Judicial Control over the Caseflow Management: Foundations and Fundamentals” (Eng., Ukr.)

Annex 10: Impact Evaluation Methodology Following the Independent, External, On-Site Assessments of Legal Education Quality at Ukrainian Law Schools (Eng., Ukr.)

Annex 11: Bila Tserkva Community Justice Center Annual Report (Ukr.)

Annex 12: Ukrainian Experience in Multi-Institutional Access to Justice Models. Presentation for Conference in Moldova, October 2020 (Eng.)

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

C. Performance Data Table New Justice aims at high-level changes in the justice system. These changes represent five program objectives and sixteen program sub- objectives (SOs). For the Program Year Five New Justice has 21 output and outcome indicators to measure program key results. The table below represents actual indicator values for previous FY2020 and first quarter of FY2021.

Actual Target Log Indicator Baselin Baseline Actual Target Notes and Log Frame Statement Quarter 1/ Project Frame ID Level e M - Y Value FY2020 2021 Explanations FY2021 End

Program Independent, accountable, transparent and effective justice system that upholds the rule of law and is empowered to fight Goal corruption Annual expert survey Ratio of Ukrainian data. Current figure justice system Oct- represents FY2020 Indicator 1 compliance with the Outcome 0,54 0,58 0,65 0,58 0,65 2017 results, updated Venice Commission figure expected in Rule of Law Checklist May 2021.

Obj. 1 Judicial Independence and Self-Governance strengthened

S-O 1.1 Judicial independence established through reformed Constitutional, Statutory and Regulatory framework Indexed score for European Network of Annual expert survey Councils for Judiciary data. Current figure (ENCJ) basket of Apr - represents FY2020 Indicator 2 Outcome 5,8 5,9 7 5,9 7 indicators for 2017 results, updated objective and figure expected in subjective judicial May 2021. independence. Number of laws, Target counts regulations and Sep- amending the laws Indicator 3 procedures enhancing Output 21 13 2 0 36 2016 “On the Judiciary and judicial independence the Status of Judges" adopted

Actual Target Log Indicator Baselin Baseline Actual Target Notes and Log Frame Statement Quarter 1/ Project Frame ID Level e M - Y Value FY2020 2021 Explanations FY2021 End and "On High Council of Justice."

S-O 1.2 Judicial Self-Governance Strengthened Annual survey of Percent of judges and judges data. Current judicial personnel who figure represents Indicator 4 consider judicial self- Outcome Apr-17 38% 46% 50% 46% 50% FY2020 results, governance in Ukraine updated figure effective expected in May 2021. S-O 1.3 Judiciary exercises independence effectively Annual data of survey Percent of judges, of judges and justice judicial personnel and sector personnel. advocates who Current figure acknowledge their Indicator 5 Outcome Jul-17 45% 63% 75% 63% 75% represents FY2020 responsibility for results, updated reporting corruption, figure expected in unethical or illegal May 2021. conduct by their peers

SO 1.4 Improper and unlawful external influence on Judiciary reduced Annual indicator. Baseline data refers to latest EBA Court Score for quality of Index Report judgment in European published in May Indicator 6 Context Sep-16 2,81 2,86 N/A 2,86 N/A Business Association 2020 which is based Court Index on 2019 surveys of EBA members.

Actual Target Log Indicator Baselin Baseline Actual Target Notes and Log Frame Statement Quarter 1/ Project Frame ID Level e M - Y Value FY2020 2021 Explanations FY2021 End

Obj. 2 Accountability and Transparency of the Judiciary to Citizens and the Rule of Law Increased

S-O 2.1 Transparency by the Judiciary Increased Annual data of general population Percent of citizens survey Current figure reporting that Indicator 7 Context Sep-17 13,40% 16,00% 25% 16% 25% represents FY2020 judiciary is open and results, updated transparent figure expected in March 2021.

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

This reporting period counts conflict of Number of interest identification government officials and prevention Indicator 8 receiving USG- Output Sep-16 0 95 200 151 400 webinars for judges supported anti- and court staff. corruption training Disaggregation: 57% women, 43% men.

S-O 2.3 Social Accountability - Judiciary Held Accountable by Citizens, Civil Society and Independent Media

Percent of partner CSO analysis of how CSOs performance courts implement improvement CRC Indicator 9 Outcome Sep-16 57% 65% 75% 72% 75% recommendations recommendations implemented by completed in this courts reporting period.

Actual Target Log Indicator Baselin Baseline Actual Target Notes and Log Frame Statement Quarter 1/ Project Frame ID Level e M - Y Value FY2020 2021 Explanations FY2021 End Number of citizens providing inputs in judicial reform Related activity Indicator 10 implementation and Output Sep-16 21 151 590 12 000 0 60 000 planned for the next monitoring and court reporting period. performance evaluation

Obj. 3 Administration of Justice Enhanced

S-O 3.1 Judicial Administration Institutions, Policies, and Procedures Strengthened Number of USG- assisted courts with Annual indicator. No Indicator 11 improved case Output Sep-16 383 210 150 0 500 changes in this management systems reporting period. (FAF DR.1.5-1)

S-O 3.2 Professional Competencies and Expertise of Judges and Judicial Personnel Improved This quarter training topics include conflict of interest Number of judicial identification, judicial personnel trained discipline, managing Indicator 12 with USG assistance Output Sep-16 5 067 731 500 936 2 700 jury trial, skills for (FAF Standard DR.1.3- dealing with domestic 1). violence and communication. Disaggregation: 62% women, 38% men.

Actual Target Log Indicator Baselin Baseline Actual Target Notes and Log Frame Statement Quarter 1/ Project Frame ID Level e M - Y Value FY2020 2021 Explanations FY2021 End Percent of judges and CSO analysis of how judicial personnel courts implement trained who apply CRC Indicator 13 Outcome Sep-16 89% 85% 90% 85% 90% improved knowledge recommendations and skills in their completed in this work. reporting period.

S-O 3.3 Mediation and Alternative Dispute Resolution (ADR) Strengthened Number of organizations No changes in this Indicator 14 providing ADR Outcome Sep-16 7 13 20 13 20 reporting period. services supported by Program S-O 3.4 System of Enforcement of Judgments Improved Number of project supported newly adopted and improved No changes in this Indicator 15 laws, regulations and Output Sep-16 0 0 3 0 8 reporting period. procedures for enforcement of judgments Obj. 4 Quality of Legal Education Strengthened

S-O 4.1 National Strategy and Standards for Legal Education and Accreditation Adopted

Number of policies and/or procedures Actual count. Project developed with USAID end target is support regarding Indicator 16 Output Sep-16 0 8 3 0 15 cumulative unique national standards for count. No changes in legal education and this reporting period. implemented by law school

Actual Target Log Indicator Baselin Baseline Actual Target Notes and Log Frame Statement Quarter 1/ Project Frame ID Level e M - Y Value FY2020 2021 Explanations FY2021 End

S-O 4.2 Quality Assurance Frameworks for Law Schools Developed Actual unique count, overlapping between years excluded. No changes in this reporting period. Quality Assurance Number of quality Units established and assurance units in law functioning with New Indicator 17 schools established Output Sep-16 0 3 5 3 5 Justice's support at and functioning with following law schools: USAID support 1) Odesa Law Academy; 2) National Law Academy named after Yaroslav Mudryi; 3) Yuriy Fedkovych Law University. S-O 4.3 Practice Oriented and Skills Based Instruction, Curriculum, and Activities Integrated Number of law schools implementing Actual unique count, methodology of class overlapping between Indicator 18 room effectiveness Output Sep-16 2 7 10 7 10 years excluded. No rating using USAID- changes in this developed reporting period. methodology Obj. 5 Access to Justice Expanded and Human Rights Protected

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

Actual Target Log Indicator Baselin Baseline Actual Target Notes and Log Frame Statement Quarter 1/ Project Frame ID Level e M - Y Value FY2020 2021 Explanations FY2021 End Number of vulnerable group representatives participating in No changes in this Indicator 19 project-supported Output Sep-16 50 67 300 0 1 500 reporting period. public events on access to justice reforms

Percent of CRC survey 2020 CRC surveys respondents that data. 2021 annual Indicator 20 indicate their Outcome Sep-17 15,00% 23,00% 25% 23% 25% data is expected in awareness about ADR May 2021. opportunities

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

Per cent of judges, judicial personnel and Annual survey of advocates who judges data. Current acknowledge their full figure represents Indicator 21 or mostly full Outcome Sep-18 45% 51,00% 60% 51% 60% FY2020 results, awareness about the updated figure rights of vulnerable expected in May groups and 2021. humanitarian law

D. Grants and Subcontracts Table

Subawardee and webpage Start Date End Date Subaward Description

INFO SAPIENS LLC 18/11/2020 16/04/2021 Subcontract to conduct surveys of Ukrainian Public, Judges, and Legal Professionals Participating in Court Proceedings who are not Judicial sapiens.com.ua Employees regarding Independence, Accountability, and Efficiency of the Ukrainian Judiciary and Its Capacity to Uphold he Rule of Law and Facilitate the Process of Counteracting Corruption in Ukraine. Psymetrics-Ukraine LLC 21/12/2020 30/12/2020 Subcontract to conduct testing of the candidates to a position of the Director of the Coordination Centre for Legal Aid Provision. psymetrics.com.ua Civic Association “Legal 03/04/2020 15/11/2020 The grant project aims at improving access to justice, administrative and Development Network” social services, legal aid services and alternative dispute resolution. ldn.org.ua

Nongovernmental Organization 03/04/2020 15/10/2020 The grant project aims at increasing public confidence in the judiciary and “Association of Investigative public authorities by providing extensive opportunities for cooperation of Judges of Ukraine” courts, judges and judicial staff with community representatives in the city of Odesa. arssu.org.ua Chuhuiv Town District 03/04/2020 15/11/2020 The grant project aims at facilitating access to justice, administrative and Nongovernmental Organization social services, the provision of legal aid and alternative dispute “Chuhuiv Human Rights resolution, expert support decision making in the community of Chuhuiv. Protection Group” www.facebook.com/ChuguyivHu manRightsProtectionGroup/ Nongovernmental Organization 03/04/2020 15/11/2020 The grant project aims at strengthening the capacity of the communities “Chernihiv Human Rights of Chernihiv Oblast to solve legal problems and contribute to meeting the Protection Committee” legal needs of their members through the establishing, building and capacity development of a pilot Community Justice Center in Chernihiv www.protection.org.ua and Ichnya communities.

Subawardee and webpage Start Date End Date Subaward Description

Nongovernmental Organization 17/09/2020 21/02/2021 The grant project aims at improving the quality of judicial services, “International Development increasing access to justice for all citizens, including vulnerable groups, Foundation” and strengthen citizens’ trust in the judiciary. in-fd.com Civic Association “Legal 03/04/2020 15/11/2020 In-kind equipment and furniture for Community Justice Center grantee. Development Network” ldn.org.ua Nongovernmental Organization 03/04/2020 15/10/2020 In-kind equipment and furniture for Community Justice Center grantee. “Association of Investigative Judges of Ukraine” arssu.org.ua Chuhuiv Town District 03/04/2020 15/11/2020 In-kind equipment and furniture for Community Justice Center grantee. Nongovernmental Organization “Chuhuiv Human Rights Protection Group” www.facebook.com/ChuguyivHu manRightsProtectionGroup/ Nongovernmental Organization 03/04/2020 15/11/2020 In-kind equipment and furniture for Community Justice Center grantee. “Chernihiv Human Rights Protection Committee” www.protection.org.ua Charity Organization “Ukrainian 17/09/2020 17/02/2021 The grant project aims at improving the quality of judicial services and to Coalition for Legal Aid” enhance confidence in judiciary through establishing the dialog between courts and civil society and sustaining a diligent public oversight on the recommendations on improving the quality of courts’ performance in pravoonline.org.ua Western and Northern regions of Ukraine.

Subawardee and webpage Start Date End Date Subaward Description

Nongovernmental Organization 09/12/2020 21/05/2021 The grant project aims at promoting the improvement of the procedure “Centre for Democracy and Rule for bringing judges to disciplinary responsibility in order to ensure that of Law” judges comply with the law and the rules of judicial ethics. http://cedem.org.ua/ Nongovernmental organization 21/12/2020 20/06/2021 The grant project aims at providing support to the Coordinating Center “Legal Innovations” for Legal Aid Provision (CCLAP) and PRAVOKATOR legal clubs staff in strengthening their capacity to manage the innovation process and to http://legalinnovations.in.ua/ develop cooperation with the private sector and civil society. Chuhuiv Town District 21/12/2020 20/07/2021 The grant project aims at increasing public confidence in courts, executive Nongovernmental Organization bodies, local governments, and the police; popularization of activity of “Chuhuiv Human Rights community justice centers in Ukraine; improving the access of all citizens, Protection Group” including the vulnerable, to justice, legal aid and alternative dispute resolution services, administrative and social services. www.facebook.com/ChuguyivHu manRightsProtectionGroup/ Nongovernmental Organization 21/12/2020 20/07/2021 The grant project aims at strengthening the capacity of the communities “Chernihiv Human Rights of Chernihiv region to resolve legal problems and contribute to meeting Protection Committee” the legal needs of their citizens through the establishing, building, and capacity development of the Community Justice Center (CJC) in Chernihiv, www.protection.org.ua Bakhmach and Ichnya communities. Nongovernmental Organization 21/12/2020 20/06/2021 The grant project aims at increasing the capacity of communities to solve “Association of Investigative legal problems through the involvement of community members in their Judges of Ukraine” activities. arssu.org.ua

E. Future Activities Table

Date Location* Activity

January 2021 New Justice will support the Law Students’ League in setting up its task force on developing posters visualizing legal education standards to raise law students’ and other legal education stakeholders’ awareness and understanding of national legal education standards. New Justice engaged Head of the Ministry of Education Sub-Committee on Legal Education Standards Andriy Boyko to advise and guide the student task force in developing the visualization reflecting the January 5 Zoom key learning outcomes enshrined in the legal education standards. Once the posters are ready, New Justice will assist in printing and disseminating their electronic and hard copies among leading law schools and other legal education stakeholders, contributing to the implementation of legal education standards. This effort will also contribute to fostering self-reliance on the part of the Law Students' League as one of key stakeholders and drivers of legal education reform going forward. New Justice will continue to support a team of 20 faculty leaders from eight leading law schools in developing a model legal English syllabus. New Justice assembled the team of representatives of eight leading Ukrainian law schools and engaged Professor Christopher Kelley of the University of Arkansas School of Law to guide and support the team of the syllabus developers with his January 8 Zoom extensive expertise and teaching resources. The team will build on the formulated learning objectives and work on developing the content of the model syllabus. This effort will contribute to strengthening Ukrainian law schools’ capacity to implement national legal education standards and improve the quality of training in legal English that is critical for strengthening the quality of legal education. New Justice will conduct a working meeting with representatives of the Yaroslav Mudryi National Law University (NLU) and the Washington and Lee University School of Law (W&L) to discuss the implementation of the International Online Anti-Corruption Course in the NLU formal curriculum and the transition to the January 11 Zoom NLU’s self-reliance in the implementation of the course in cooperation with the W&L and other interested law schools going forward. This effort will contribute to building sustainability into the delivery of anti-corruption training for NLU law students.

Date Location* Activity

New Justice will facilitate a working meeting between the leadership of the Taras Svhechenko Institute of Law and the Yuriy Fedkovych Chernivtsi School of Law (CNU Law) aimed at experience exchange on designing, developing, and implementing honor codes in the law school context. The Taras Svhechenko Institute of Law’ Task Force on Academic Integrity will benefit from the experience of the CNU Law in designing and implementing its honor code with January 14 Zoom USAID support. CNU Law Dean Petro Patsurkivskyi will share the lessons learned by CNU Law with the Task Force so that the Taras Svhechenko Institute of Law can take them into account in developing its honor system. New Justice will continue to support the Taras Shevchenko Institute of Law in its efforts to develop an ethical learning environment and ensure legal education quality going forward. New Justice’s team of international and local experts tasked to evaluate the impact of the external, independent, on-site assessments of legal education quality conducted with USAID support in four leading Ukrainian law schools in 2014-2018 will have a working meeting with Government Expert on Legal Regulation of Higher Education Oleksandr Pyzhov to discuss the impact that the January 15 Zoom Methodology for External, Independent, On-Site Assessment of Legal Education Quality and the external institutional assessments of the four leading law schools had on the national system of legal education quality assurance. This effort contributed to analyzing policies and procedures for comprehensive quality assurance frameworks, to finalizing the impact assessment report with recommendations to strengthen legal education quality in Ukraine.

New Justice will support the Legal Education Policy Committee of the Association of Advocates of Ukraine (AAU) and leading Ukrainian law schools in setting up and conducting a first online meeting a task force comprised of law school representatives, judges, and court staff and aimed at developing a model program for student externships in courts. Law school administrators and faculty leaders together with judges from first instance, appellate, and high January 20 Zoom courts will discuss the issues related to student externships in judicial bodies and shared their perspectives on how to enable a better student experience through improved student externships in judicial bodies. This event will lay the groundwork for designing a model program for student externships in courts and developing a continuous dialog between the academia and the bench aimed to improve the quality of law students’ practical training.

Date Location* Activity

New Justice will conduct online training sessions for the Coordination Center for January 21, 26, 28 Zoom Legal Aid Provision (CCLAP) and PRAVOKATOR legal clubs staff on innovations management.

February 2021 New Justice will conduct online training sessions for the Coordination Center for February Zoom Legal Aid Provision (CCLAP) and PRAVOKATOR legal clubs staff on innovations 2,4,9,11,16,18 management. New Justice jointly with the OSCE Project Co-ordinator in Ukraine will support TBC Zoom the Association of Legal Clinics of Ukraine in conducting a presentation of the textbook on Legal Clinical Education. New Justice will present to judicial partners the updated Gender Sensitivity TBD Zoom Index of the Judiciary as a tool to measure progress made by the Judiciary in implementing principle of gender equality into the justice system. March 2021 Jointly with the National School of Judges conduct an all-Ukrainian professional discussion with the chiefs of staff of the courts of all instances and TBD Online specializations on the lessons learned and best practices of ensuring courts' operations during the COVID-19 pandemic. New Justice will present to the judicial partners Crisis Communications Guide for Courts, developed by engaged national and international Experts to assist TBD Online judiciary effectively manage their external and internal communications in times of crisis. New Justice will present to judicial partners translated into Ukrainian Media TBD Online Guide for Courts, developed by NACM and CCPIO last year, to assist courts effectively manage their media relations.

TBD Online New Justice will conduct training on leadership skills for women judges.

New Justice will conduct jointly with the National School of Judges 12 webinars TBD Zoom for justice sector professionals in partnership with the NATIONAL Judicial College in Reno (USA).

F. Milestones Progress Report From the Program start to the end of this reporting period New Justice worked towards 435 milestones. At the moment New Justice achieved 253 milestones (58%), and 100 milestones (23%) are in progress. New Justice cancelled 42 (10%) of planned milestones and postponed 40 (9%) due to changes in GOU partner priorities and other external factors.

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

Sub-Objective 1.1: Judicial independence established through reformed Constitutional, Statutory and Regulatory framework On June 21, 2019, the President of Ukraine dissolved the Constitutional Commission, which Technical review of draft constitutional oversaw developing draft constitutional amendments related to human rights 09/2019 Cancelled amendments related to human rights. New Justice conducted. ER 1.1.1 Constitutional will track the initiatives of the Legal Reform safeguards for judicial Commission and will adjust its activity as needed. independence strengthened in Joint PTP anti-corruption court study key areas, (including 11/2016 visit to Slovakia and Bosnia designed and Achieved appointment, promotion, 04/2017 transfer, and discipline of implemented. judges), comply with Draft concept paper for establishing the international and European High Specialized Anti-Corruption Court 05/2017 Achieved standards of judicial developed. independence, and reflect Amendments to Article 375 of the 03/2017 Achieved citizen input. Criminal Code drafted. Draft law on establishing the High The Law on the High Anti-Corruption Court was Specialized Anti-Corruption Court 06/2018 Achieved adopted in June 7, 2018 drafted.

Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY New Justice Expert Dr. Fazari developed Roadmap for the SJA in instituting traditional jury trial Recommendations on jury trial 06/2020 Achieved model in Ukraine, which in June 2020 were sent to implementation in Ukraine developed. the SJA, MOJ and the Legal Policy Committee in the Parliament. On December 20, 2018, the draft Law on Recommendations on bringing the Amending Some Legislative Acts of Ukraine to domestic legislative framework in line Ensure the Harmonization of the Criminal 10/2018 Achieved with the international humanitarian law Legislation with the Provisions of the developed. International Law was registered in the Verkhovna Rada of Ukraine (#9438). New Justice conducted four regional discussions Six seminars conducted to promote the on establishing Anti-Corruption Court which ER1.1.2 Inclusive consultative new constitutional and legislative directly touches an issue of judicial independence. 09/2019 Achieved processes for developing and provisions with respect to judicial Jointly with the Supreme Court New Justice implementing constitutional independence conducted. conducted two reginal seminars on the procedural amendments, legislation, and legislation. other normative acts related to judicial independence Three information campaigns supported 09/2018 Achieved established. through grants.

Information campaign on constitutional The grant project is completed by the NGO Center 06/2019 Achieved complaint supported through grant. for Constitutional Initiatives ER1.1.3 The Judiciary After the recent Presidential and Parliamentary positively influences the Roundtable with key stakeholders on elections, it is needed to review the approach of 09/2019 Cancelled parliament and executive judicial independence and the rule of the the activities aimed at fostering dialogue between branch in the development and law conducted. the branches of government.

Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY allocation of legislation affecting the judiciary, Information campaign on judicial In the current context, it was found unreasonable including the judicial budget. independence launched. 10/2020 Canceled to conduct the information campaign.

ER1.1.4 Legislation, regulations, and operating procedures to implement Public awareness campaign on judicial In the current context, it was found unreasonable constitutional amendments reform launched. 10/2020 Canceled to conduct the information campaign. related to judicial independence adopted with public notice and consultation.

ER 1.1.5 Legal framework for the judiciary and related institutions improved in Milestones are under ER1.1.2 and 1.1.4 accordance with international best practices and European standards.

Sub-Objective 1.2: Judicial Self-Governance Strengthened

ER 1.2.1 Authorities of Judicial Judicial self-governance conference self-governance bodies (e.g., conducted the High Council of Justice, 12/2016 Achieved among others) clearly defined and understood by judicial

Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY leadership, judges, and judicial HCJ established three specialized boards to ensure personnel. coordination within the judiciary and with Partly HCJ governance structure, including international donors, however, it did not establish 09/2017 achieved specialized committees, established. the "thematic" specialized committees New Justice was advocating for.

HCJ started implementation of changes to its HCJ internal rules of procedure internal rules of procedure, but was forced to Partly developed/updated to reflect BPA suspend these changes due to the outbreak of 09/2020 achieved results. COVID-19. It is unclear when the HCJ will be able to resume this work.

Online training tool for judges, court staff, and jurors to promote compliance 06/2021 In progress with ethical standards developed. ER 1.2.2 The Judiciary exerts leadership in developing Current disciplinary practice for The report based on the conducted assessment is 09/2019 Achieved strategies, objectives, and violation of judicial ethics rules assessed. being finalized. initiatives to effectively HCJ staff trained on general management 10 out of 10 training sessions have been 11/2018 Achieved promote and protect its skills. conducted, certificates awarded. independence, while ensuring accountability, integrity, Two meetings of the respective working group transparency and high ethical took place. New Justice submitted the standards. Rules of Conduct for Court Staff revised. 09/2019 Achieved recommendations to the COJ. The COJ is planning to approve the Rules of Conduct for Court Staff in November 2020.

Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY New Justice provided SJA and COJ with the Gender Sensitivity Index of the Judiciary on what indicators should be taken into account during data collection process. Starting January 2019, SJA Partly collects and makes publicly available data on 09/2020 achieved gender composition of the judiciary but does not Judicial statistics take into account collect gender disaggregated data with regard to gender disaggregation data. other than criminal cases. New Justice will promote more hollistic approach to collecting gender disaggregated data.

Gender index for the judiciary Gender Sensitivity Index of the Judiciary was developed. 09/2017 Achieved developed by NJ short-term gender expert Maryna ER 1.2.3 Representation and Rudenko. leadership of women judges in Research on women judges as leaders 09/2017 Achieved Research on women judges as leaders conducted. judicial governance bodies and conducted. courts enhanced. Training curriculum for women judges New Justice grantee developed and piloted on leadership and gender awareness training program curriculum on leadership and developed. 01/2019 Achieved gender awareness for women judges and women attorneys, and will finalize the curriculum in the next reporting period. Training Program was developed and piloted by Regional trainings for women judges on the grantee Women Perspectives Center. It was increasing leadership skills and gender 06/2019 Achieved submitted to the NSJ for further implementation. awareness conducted. These trainings were also conducted during Women-Lawyers Forum in June 2019. Working Group on Gender Issues in the 02/2021 Pending Postponed to the next reporting period. Judiciary established.

Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY Gender Sensitivity Index of the Judiciary The Expert updated the Index. The presentation updated. 12/2020 Achieved will take place in January-February 2021, when court statistics for 2020 will be available Curriculum on Gender Equality for law New Justice grantee Association of Women school students developed and tested. 02/2020 Achieved Lawyers of Ukraine finalized the Curriculum on Gender Equality after its piloting. Visit of Ukrainian judges to the Biennial Due to budget constraints and other priorities Conference of International Association New Justice cancelled this activity. However, New of Women Judges “Celebrating Diversity” Justice provided support to Ukrainian Association 05/2020 Cancelled in Auckland, New Zealand supported. of Women-Judges in obtaining their membership in International Association of Women-Judges to facilitate the visit. Training program on leadership skills for New Justice is identifying the Expert(s) who will 03/2021 In progress women-judges delivered. deliver the training.

Women's Rights and Gender New Justice is currently working with the received Discrimination online course for law 06/2021 In progress application from the NGO JurFem to start this school students developed. activity.

Gender Strategy of the Judiciary 06/2021 In progress New Justice will identify relevant experts. This developed. activity will start in the next reporting period.

Categories of gender sensitive cases for New Justice Expert developed categories of the statistic collection purposes 12/2020 Achieved gender sensitive cases and reflected that in the determined. updated Gender Sensitivity Index of the Judiciary. National Forum of Women Lawyers 09/2020 Cancelled Cancelled due to pandemic. conducted.

Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY Two roundtable discussions aimed at improving judicial operations and 03/2021 Pending ER 1.2.4 Participation and promoting better bar-bench relations inclusion of judges, judicial conducted. personnel, advocates, and citizens in judicial governance Cooperation agreement between judicial self-governance leadership and strengthened. 06/2021 Pending organizations representing court staff signed. Recommendations for improving procedures for judicial selection and 03/2019 Achieved qualifications evaluations developed. ER 1.2.5 Judicial performance Recommendations for developing standards for merit-based standards for test items and case studies 09/2020 Canceled testing, vetting, recruitment, preparation elaborated. performance evaluation, transfer, promotion, discipline, Draft harmonized set of rules for HQC. 04/2021 In progress and lustration established. Judicial Selection Handbook for HQC and 02/2021 In progress HCJ members and staff developed. Orientation session for Selection 03/2021 Pending Commission members conducted. Selection Commission was not established as Selection Commission internal initially planned for this reporting period. 03/2021 Pending regulations developed. ER 1.2.6 Rules regarding Report with recommendations on corruption, judicial ethics and amending rules regarding judicial illegal conduct, as well as corruption, violation of judicial ethics 04/2017 Achieved related disciplinary sanctions and illegal conduct of judges, judicial and enforcement procedures, personnel, advocates and citizens strengthened. prepared and disseminated.

Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY Draft law on amending legal provisions regarding judicial corruption, violation New Justice will reconsider developing the draft of judicial ethics and illegal conduct of 09/2021 Pending law in view of other legislative initiatives in this judges, judicial personnel, advocates and area. citizens prepared. This milestone shall make a part of the Rules of Draft Regulation on Managing Conflicts Conduct for Court Staff to be revised under the ER 04/2021 In progress of Interest of the Court Staff prepared. 1.2.2. Completion date for this assignment changed. Report with recommendations on updating the Anti-Corruption Program of 05/2018 Achieved the HCJ developed and submitted to the HCJ. Report with recommendations to the HQC Anti-Corruption Program 2019 03/2019 Achieved developed. According to the potential consultant for respective assignment, the stakeholder Methodology for anti-corruption audit of 08/2019 Cancelled (Verkhovna Rada Steering Committee on Anti- draft laws developed. Corruption Policy) applies methodology for public anti-corruption audit developed in 2016. Report with recommendations on Anti- New Justice will identify the expert(s) to Corruption Programs’ implementation 09/2020 Pending undertake respective assignment. developed.

ER 1.2.7 Reporting of Report on legal obstacles and corruption, unethical or illegal disincentive mechanisms for reporting 04/2017 Achieved conduct simplified and made judicial corruption developed and more accessible for judges, disseminated.

Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY judicial personnel, advocates, Survey on reporting judicial corruption and citizens. and protection of informers and 09/2017 Achieved whistleblowers conducted. Informational materials on reporting judicial corruption and protection and Pending Milestone is currently under revision due to 06/2021 incentive mechanisms for those who changes in legislation report designed and disseminated. Draft law on amending legal provisions New Justice will reconsider developing the draft governing processes for reporting 09/2021 Pending law in view of other legislative initiatives in this corruption, violation of judicial ethics, area. and illegal conduct prepared. Second annual survey on reporting judicial corruption and protection of 10/2018 Achieved informers and whistleblowers conducted. Judicial training program on anti- Starting from September 5, 2019, the High Anti- corruption issues and consideration of Corruption Court become a single competent corruption cases updated and submitted court for consideration of corruption cases. 09/2019 Cancelled to NSJ. 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 05/2019 Achieved whistleblowers conducted. Survey on reporting judicial corruption and protection of informers and 06/2020 Achieved whistleblowers conducted.

Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY Report with recommendations on legal mechanisms on the protection and incentives for individuals who report 04/2017 Achieved judicial corruption developed and ER 1.2.8 Protections increased disseminated. for individuals who report On August 29, 2019, the President of Ukraine corruption, unethical or illegal Draft Law on the Protection of submitted to the Verkhovna Rada draft law No. conduct against judges, judicial Whistleblowers and Information 1010 on amendments to the Law on Corruption 09/2019 Cancelled personnel and advocates. Disclosure on Damages and Threat to Prevention with regard to whistleblowers’ Social Interests (No.4038a) updated. protection. Thus, development of a separate legislation in this area is not relevant anymore. Whistleblower Protection Concept Paper finalized. 09/2020 Achieved

ER 1.2.9 Coordination practices between the judiciary, executive, and legislative Same milestones as ER1.4.2 and 1.2.4 N/A branches of government, with due respect for judicial independence, improved. ER 1.2.10 Stakeholder capacity to enforce ethical rules among Draft compendium of judicial ethics 06/2021 In progress judges and court staff cases developed. strengthened. Sub-Objective 1.3: Judiciary exercises independence effectively ER 1.3.1 The Judiciary Survey of judges on judicial exercises independence with independence and accountability 09/2017 Achieved regards to judges, personnel, conducted.

Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY budget authority, and other Second annual survey among judges on areas of judicial competence. judicial independence and accountability 10/2018 Achieved conducted. Survey among judges on judicial independence and accountability 06/2020 Achieved conducted. Guidelines for interviewing candidates Is being developed in the framework of the 12/2018 Cancelled to the highest courts developed. Handbook for HQC Members (ER 1.2.5). Report with results of monitoring and recommendations on improving procedures related to competition to 09/2019 Achieved ER 1.3.2 The Judiciary judicial positions in the highest courts effectively exercises developed. competencies in judicial testing, vetting, recruitment, Report with recommendations for performance evaluation, improving PIC Communications Strategy 12/2019 Achieved transfer, promotion, discipline developed. and lustration of judges using Report with recommendations for merit-based system. improving PIC Indicators to Determine Non-compliance of Judges and Judicial 12/2019 Achieved Candidates with Integrity and Professional Ethics Criteria developed. Orientation session for new PIC 07/2021 Pending members conducted. Will take place when HQC resumes its Orientation session for new HQC composition and operations. 07/2021 Pending members conducted.

Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY ER 1.3.3 90% of Judicial testing, Report on monitoring of the relevant vetting, recruitment, stakeholders’ web resources regarding performance evaluation, the online publication of the results of 02/2021 In progress transfer, promotion, discipline the judicial selection, qualifications and lustration results evaluation, and discipline developed. published online. Report with recommendations on amending HCJ internal regulations 06/2017 Achieved developed. IT needs assessment of the HCJ 06/2017 Achieved conducted. Curriculum for initial training of HCJ Milestone will be revisited in view of coming HCJ judicial inspectors developed. 09/2020 Pending reboot according to the law No. 193-IX adopted on October 16, 2019. Report with recommendations on ER 1.3.4 Implementation of Milestone will be revisited in view of coming HCJ improving Regulation on Judicial ethics enforcement 09/2020 Pending reboot according to the law No. 193-IX adopted on Inspector of the High Council of Justice mechanisms strengthened. October 16, 2019. prepared and submitted to the HCJ. Initial training of HCJ judicial inspectors 10/2018 Achieved conducted. Manual on disciplinary proceedings New Justice engaged for this assignment local 11/2020 In progress against judges finalized. expert Professor Andrii Boiko. Recommendations on performance Milestone will be revisited in view of coming HCJ evaluation of HCJ inspectors developed. 09/2020 Pending reboot according to the law No. 193-IX adopted on October 16, 2019. Recommendations on amendment of the Integrity and Ethics Commission was not set up 02/2020 Pending HCJ Rules of Procedure developed. during reporting period.

Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY Draft Regulation on the Integrity and Integrity and Ethics Commission was not set up 02/2020 Pending Ethics Commission developed. during reporting period. Roundtable on reporting judicial 09/2017 Achieved corruption by peers conducted. Milestone will be revisited in view of potential Recommendations on ways and factors cooperation with the USAID SACCI Project, ER 1.3.5 Judges, judicial for changing attitudes towards reporting 09/2021 In progress including reviewing the draft law No. 3450 on personnel, and advocates judicial corruption by peers within the Amendments to Certain Laws Regulating change attitudes towards justice sector developed. reporting corruption, unethical Whistleblowers Protection Issues. or other illegal conduct by their Survey on reporting judicial corruption peers. and protection of informers and whistleblowers conducted, results 06/2020 Achieved presented to and discussed with stakeholders.

Survey among judges, judicial personnel, advocates and citizens to explore 10/2018 Achieved attitude related to reporting corruption ER 1.3.6 Reporting of in the courts conducted. corruption, unethical or illegal Survey of justice sector professionals conduct by judges, judicial and jurors regarding judicial reform and 05/2019 Achieved personnel, advocates and corruption conducted citizens increased. Survey among judges, judicial personnel, advocates and citizens to explore 06/2020 Achieved attitudes related to reporting corruption in the courts conducted

Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY Survey among judges, judicial personnel, advocates and citizens on their awareness about protection of 10/2018 Achieved whistleblowers and people who inform about corruption in the courts ER 1.3.7 Protections for conducted. individuals who report Survey of justice sector professionals corruption, unethical or illegal Achieved and jurors regarding judicial reform and 05/2019 conduct against judges, judicial corruption conducted. personnel and advocates applied. Survey among judges, judicial personnel, advocates and citizens on their awareness about protection of 06/2020 Achieved whistleblowers and people who inform about corruption in the courts conducted. ER 1.3.8 Number of disciplinary measures against Report with recommendations and judges, judicial personnel and monitoring results of the HCJ decision in 02/2019 Achieved advocates for corruption, judicial disciplinary cases drafted and unethical or illegal conduct presented to the HCJ. increased. ER 1.3.9 Merit-based judicial selection and qualifications evaluation procedures Milestones are same as ER1.3.2. N/A promoted and effectively exercised. ER 1.3.10 Public Integrity Council legislative status and Milestones are same as ER1.3.2 N/A self-reliance strengthened.

Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY ER 1.3.11 Judicial discipline procedures streamlined and Milestones are same as ER1.3.8 N/A standardized. Sub-Objective 1.4: Improper and unlawful external influence on Judiciary reduced Curriculum was reviewed and NSJ decided to ER 1.4.1 Judicial decisions are proceed with five different curricula, which are based solely on the facts and Judicial opinion writing manual and 09/2017 Achieved based on the Judicial opinion writing curriculum. law, and reversed only through curriculum updated. Judicial opinion writing manual was reviewed. the appellate process. These activities were conducted under ER 3.2.1. ER 1.4.2 Members of the International Standards for the Judiciary International Standards for the Judiciary book was 09/2017 Achieved Presidential Administration, book updated and broadly disseminated. updated and published. Government and Parliament engage the Judiciary in a constructive manner that respects judicial independence and refrains from improperly At least one mechanism for bar-bench 09/2020 Canceled or unlawfully interfering with cooperation established the impartiality of judicial decision-making and professional conduct. ER 1.4.3 Sufficient resources are allocated to protect judges Assessment report on the resources and judicial personnel from needed to protect judges and judicial This activity was canceled to leverage the 09/2018 Canceled threats such as harassment, personnel from threats, intimidation, resources with other donors. assault, and other forms of and violence drafted. intimidation and violence.

Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY ER 1.4.4 Judges are empowered Standardized form and guidelines for New Justice launched this activity and involved to report improper or illegal judges and court staff to report improper three experts (one international and two local). 03/2021 In progress interference in their judicial or illegal interference developed. The draft report is available and currently being decision making and conduct. finalized. 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 New Justice supported participation of two COJ Transparent Justice” conference 12/2016 Achieved members in “Limits of Transparent Justice” supported. Conference. “Effective Delivery of Justice as a Means The conference was conducted in April 19-20, to Increase Public Trust and Confidence 04/2018 Achieved 2018 in Kyiv. Up to 200 participants attended. ER 2.1.1 Increased awareness in the Judiciary” Conference conducted. among citizens of the right to and limitations of judicial Public awareness campaign regarding New Justice communications expert Olena Ivanova transparency in courtroom role of HCJ designed and implemented. 03/2019 Achieved provided recommendations to the HCJ on the proceedings and judicial format of the campaign in January 2019. governance. Public awareness activities on judicial New Justice grantee NGO Center for Democracy reform and services provided by courts and Law prepared jointly with the SJA and COJ designed and implemented. standardized content regarding the services 01/2020 Achieved provided by courts for courts’ information boards and websites. The materials are exposed in pilot courts. Survey was completed, and its results were ER 2.1.2 Increased public Nationwide survey of jurors conducted. 05/2019 Achieved access to courtroom and presented to major stakeholders. judicial governance Working Group on Jury Service WG fulfilled its function on developing necessary proceedings in-person, on-line, Improvement activities supported. recommendations to the SJA and the Government. via TV/radio, or through 12/2020 Achieved Now, the jury trial reform is on the agenda and the archived recordings and Parliament shall decide on the adoption of the records. necessary draft laws.

Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY Court decisions rendered with the Cancelled in view of the current legislative involvement of jurors analyzed. initiative to completely change current model of 09/2020 Cancelled jury trials in Ukraine and this data analysis will be not relevant. Public awareness campaigns regarding Materials were printed and disseminated in May- jury service designed and implemented. June 2019 under the I HAVE A RIGHT! Campaign. New Justice postponed the activities on developing orientation and PSA videos regarding 06/2021 In progress the jury service to the next reporting periods after the Parliament of Ukraine adopts submitted in October 4-5, 2020 jury bills that completely change the jury trial model. New Justice postponed this activity to the next Teaching materials for jurors developed reporting periods after the Parliament of Ukraine 06/2021 Pending and disseminated. submitted in October 4-5, 2020 jury bills that completely change the jury trial model. Audio and visual needs assessment At this point New Justice has not received the regarding HCJ and HQC conducted. 09/2021 Pending request from HCJ and HQC regarding audio and visual equipment needs. Methodology for more balanced New Justice Expert from the U.S., Dr. Fazari selection of jurors developed. addressed this issue in the Roadmap for SJA in 06/2020 Achieved instituting traditional model of jury trials in Ukraine. New Justice short-term communications expert ER 2.1.3 Increased outreach by Regional series of training programs for Leah Gurowitz jointly with the HCJ conducted the the Judiciary to the public and judge-speakers and PIOs conducted. 04/2018 Achieved Workshop for judge-speakers and courts PIOs on press. Improvement of Courts Communication Policy on April 16-18, 2018.

Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY New Justice short-term local Communications Unified Communications Strategy of the Expert Olena Ivanova finalized the draft Strategy 03/2019 Achieved Judiciary and its Implementation Plan and presented it to the Communications developed. Committee of the Judiciary. Annual Forum for courts PIOs. New Justice jointly with the Canadian Support to 10/2018 Achieved Judicial 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, that was approved by the COJ. 03/2019 Achieved State Enterprise “Information Court Systems” confirmed that they will implement the developed SRS. Job descriptions for judge-speakers and New Justice will identify the Expert, who will PIOs updated. 06/2021 Pending cooperate with the CoJ and SJA to work on this task. Social Media Communications Guide for New Justice national and international judges and Model Crisis Communications communications Experts developed the Crisis 02/2021 In progress Matrix for courts developed. Communications Guide, which will be presented to judicial partners in February. Training on Data Visualization for HACC The Expert conducted the training on October 21, 10/2020 Achieved press-service employees conducted. 22, 23. ER 2.1.4 90% completion of financial and asset declarations by judges and judicial Number of judicial declarations Will be resumed once HQC will restart its 08/2021 Pending personnel, with 90% of judicial published online increased. operation. financial and asset declarations published online.

Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY ER 2.1.5 Regulatory framework for effective courts' outreach to Guidelines and strategies for effective 06/2021 In progress the public and media is court communications updated. developed and unified. Sub-Objective 2.2: Horizontal Accountability -Checks and Balances on the Judiciary by other Branches of Government strengthened

Over the last reporting period no qualification evaluations were conducted as HQC still Monitor of the judicial vetting process of undergoes membership crisis after 2019 reform. the lustration of public officials by the Thus, the figures remain the same: totally starting ER 2.2.1 Lustration process governmental institutions and process of from March 2018, the HQC disqualified 156 judges concludes without violations of judicial re-attestation by the HQC while 2113 remained on bench after successful due process or human rights of 08/2021 In progress examination. When speaking about public officials lustrated judges and judicial – 790 of them were lustrated as of today and personnel. included to the Unified registry of Lustrated Officials. Worth to note that during previous reporting period this figure was 878 public officials.

Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY

October 17, 2019 th ECtHR supported rendered by its the Six Chamber judgement in the case у Polyakh and Others v. Ukraine admitting that the Monitor results of lustration cases under dismissal of civil servants under Ukraine’s 1 consideration by the new Supreme Court lustration law led to violations of their rights . and ECHR. 08/2021 In progress In June 2020 the MoJ came up with assurances that it developed the draft changes to the Law On Purification that address ECtHR conclusions and that the bill and submitted it to the CMU. However the Cabinet of Ministers did not support the bill and withdrew it.

Inspite the decision rendered by the ECtHR and Monitor progress of the Constitutional mentioned above, the Constitutional Court of 08/2021 In progress Court review of lustration cases. Ukraine made no progress in considering lustration cases. NJ keeps monitor the situation. Involve expert to review COJ Regulation New Justice analyzed current COJ Regulation on ER 2.2.2 Judiciary coordinates on Conflict of Interest and provide Conflict of Interest and provided with the NAPC to develop and recommendations on its improvement. recommendations on its content and wording implement corruption- 08/2021 In progress improvement. NJ will continue to advocate for the prevention measures within recommendations implementation once COJ the Judiciary members will be re-elected.

1 Generally, the Court admitted that the Government Cleansing (Lustration) Act (GCA): (I) is contrary “to the constitutional provisions guaranteeing the principles of individual liability and the presumption of innocence”; (ii) raise the possibility that some of its measures “may have been motivated, at least in part, by vindictiveness towards those associated with the previous governments”; (iii) is lacking clarity as to the applicable time-frame; and (iv) is of broad scope.

Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY Conduct sustainability building New Justice conducted two days Judicial Ethics workshop for newly appointed COJ Workshop for the new members of the COJ Ethical Committee members on best introducing them to international best practices ethical standards including managing and lessons learned in judicial ethics and conflict conflict of interest. of interest and improving their skills in preparing advisory opinions and managing conflict of interest. Judge of 10th Circuit Bankruptcy 10/2018 Achieved 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. CCU rendered the judgement admitting current wording of the Article 375 of the CCU ER 2.2.3 Judiciary facilitates Support the HCJ Working Group on unconstitutional. Currently number of legislative NABU and Prosecutor General’s Judicial Independence’s sessions and initiatives were registered in the Parliament, Office investigations into provide expert support in re-writing specifically draft law - -2 08/2021 In progress alleged corruption or other provisions of Article 375 of the CCU. and 3500-3. New Justice shared with the illicit conduct by judges or Parliament recommendations№3500, №3500of its expert1, №3500 judicial personnel Volodymyr№ Koreniaka with this regard. New Justice will continue to support the committee and monitor the progress.

Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY New Justice developed recommendations on Continue to foster communication amendments to the Law On Parliament Rules of between the judiciary and Parliament by Procedures and the Law On Parliament Committee supporting joint events and dialog that would address the issue of official between the HCJ and Parliamentarian 08/2021 In progress intercommunication between respective Secretariat in developing unified institutions. New Justice will advocate for the approach to the process of providing HCJ adoption of above-mentioned recommendations advisory opinions. by the Parliament.

Assess quality of available HCJ ER 2.2.4 Judiciary coordinates consultative opinions on draft laws and New Justice is looking for a best suitable expert for 08/2021 Pending with parliamentary oversight provide recommendations on their this task. committees, with due respect improvement. for judicial independence and freedom from interference. Provide expert support to the HCJ HCJ does not consider this activity as a top priority members in obtaining practical skills of 08/2021 Pending at the moment due to the collapse of the HQC advisory opinions drafting. operation.

New Justice developed recommendations on amendments to the Law On Parliament Rules of Support the HCJ in developing Procedures and the Law On Parliament Committee recommendations how to comply that would address the issue of official provisions of the Law on the HCJ, Rules 08/2021 In progress intercommunication between respective of Procedures of the Parliament, and institutions. New Justice will advocate for the Rules of Procedures of the HCJ. adoption of above mentioned recommendations by the Parliament.

ER 2.2.5 Legal framework for Expert recommendations for improving smooth implementation of jury draft laws and by-laws on jury trials 04/2021 In progress trials in courts developed. provided

Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY Expert support for preparation of the correct budget request for 04/2021 In progress implementation of the new model of jury trials provided. ER 2.2.6 COJ practice of settling conflict of interest is unified Same as milestones listed under ERs N/A and meets best international 2.2.2. trends. ER 2.2.7 Judges informed about types of conflict of interest and Same as milestones listed under ERs due procedure of its N/A 2.2.2. management.

ER 2.2.8 The legislative framework for the Bar is Same as milestones listed under ERs improved to ensure the proper N/A 1.1.1, 1.2.4 and 2.3.7. self-regulation and highest professional standards Sub-Objective 2.3: Social Accountability - Judiciary Held Accountable by Citizens, Civil Society and Independent Media Political Economy Analysis (PEA) on New Justice is in the process to find international partner CSO challenges and ER 2.3.1 Citizens and CSOs 03/2021 Postponed experts and train program staff to conduct PEA. opportunities to contribute to judicial actively participate in and Estimated completion date changed. monitor judicial reform reform conducted. processes at the local and Assessment of CSO capacity to monitor national levels. and contribute to the implementation of 12/2018 Achieved judicial reform completed.

Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY Up to four CSO projects on monitoring Seventeen CSO projects are completed judicial performance evaluation, contributing to citizen and CSO monitoring of 12/2019 Achieved selection and discipline as well as overall judicial reform and participating in together with judicial reform implemented. GOU partners. Comprehensive analysis of the results of New Justice national surveys of population, judges, judicial personnel, 06/2019 Achieved advocates and jurors conducted, identified trends and forecasts completed. Completed partner CSO self-assessment of capacity to monitor and contribute to 03/2021 In progress CSO self-assessment tool developed judicial reform implementation. Results of 2015-2016 CRC surveys in New Justice cancelled this milestone and related courts analyzed and communicated. N/A Cancelled activity due to currently undergoing court consolidation process. TOT for CSOs who provide Citizen 22 individuals representing 11 CSOs trained on Report Cards (CRC) surveys training to 12/2018 Achieved conducting CRC and training court staff in CRC courts conducted, at least 20 CSO surveys representatives trained. Partner CSO conducted training sessions for court staff on CRC implementation in 03/2019 Achieved Citizen Report Cards completed in twenty-three all oblasts of Ukraine. Oblasts and the City of Kyiv. It covers all territory of Ukraine that is under GOU-control except All Ukrainian courts implemented CRC 10/2019 Achieved Dnipropetrovsk Oblast. surveys. Analysis of court implementation of CSO- Analysis of recommendations is currently developed recommendations conducted 06/2021 In progress underway. and discussed with stakeholders.

Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY At least five formal linkages between judicial reform-oriented CSOs and their 09/2019 Achieved GOU partners newly established or strengthened. Thirteen CSO partners implement 43 MOUs with ER 2.3.3 Formal linkages GOU and local government entities, New Justice At least ten formal linkages between between civil society and expect ten more in 2020. judicial reform-oriented CSOs and their judicial, governmental and 03/2020 Achieved GOU partners newly established or parliamentary institutions strengthened. established (through, e.g., MOUS or joint strategies and PEA of New Justice governmental and non-governmental partner cooperation action plans). New Justice is in the process to find international studied issues and challenges to 03/2021 Postponed experts and train program staff to conduct PEA. establish and develop formal linkages Estimated completion date changed. between CSO and GOU institutions including judiciary. ER 2.3.4 Citizen awareness of Information materials updated judicial reform and corruption 09/2019 Cancelled This activity will be conducted under ER 2.1.1. increased. Conduct survey among citizens and legal 2018 survey conducted. Its results effectively professionals to explore attitudes related 09/2018 Achieved communicated to the judiciary and policy makers. to reporting corruption in the courts. Conduct analysis of the survey results and discuss the outcomes with the civil 09/2019 Achieved Same as above. ER 2.3.5 Citizen reports to anti- society and judiciary. corruption organizations and agencies increased. Complete 2019 survey of the public New Justice completed to survey lawyers and awareness on corruption reporting 09/2019 Achieved court staff. Results were presented to the public procedures and mechanisms and New Justice counterparts. Conduct analysis of the 2019 survey results and discuss the outcomes with 09/2019 Achieved Same as above. the civil society and judiciary.

Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY Conduct 2021 survey among citizens and legal professionals to explore attitudes 9/2021 In progress New Justice is hiring NGO to launch the survey. related to reporting corruption in the courts Based on the results of the survey, conduct initial assessment of capacity of the judiciary to provide citizens with Will be conducted after the results of the survey 9/2021 In progress sufficient information about channels of collected. corruption reporting and due respective procedure. Second round of partner CSO CSO organizational capacity self-assessment tool organizational capacity assessment 03/2021 In progress developed and distributed to CSO partners. conducted. Training program for CSOs on self- Representatives of twenty-three New Justice assessment and capacity building Partner CSOs trained in self-assessment and 12/2018 Achieved roadmap and conducted for at least 25 organizational capacity building roadmap partner CSOs. development. ER 2.3.6 Judicial-reform Program Management workshop for New Justice cancelled this activity according to oriented CSOs organizational CSOs participating in Public Integrity 06/2019 Cancelled stakeholder program agendas. capacity score increased. Council developed and conducted Strategic management sessions for at Partially Strategic sessions conducted for three partner least 5 judicial reform-oriented CSOs 06/2019 achieved CSOs. conducted. Distance training program on organizational capacity development for New Justice changed completion date for this 12/2020 Postponed judicial reform oriented designed and activity. implemented.

Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY Monitoring and Evaluation Handbook for New Justice changed completion date for this judicial reform oriented CSOs developed 12/2020 Postponed activity. and distributed to partner CSOs. Bar Professional Conduct Rules revised. The expert finalized the review of Bar Professional 11/2018 Achieved Conduct Rules. Comparative law materials on the New Justice supported the development of the constitutional provisions regarding role draft Law on Bar and Legal Practice. This draft and status of the bar developed. 09/2018 Canceled aims at fixing the current gaps in the legislative regulation, along with ensuring the implementation of the constitutional provisions. Commentary to the Bar Professional New Justice initiated the working group with ER 2.3.7 Professional Conduct Rules developed. 09/2021 Pending professional NGOs. New Justice works to launch associations and Bar the activities of the working group. associations increase capacity Survey of lawyers conducted. Ukrainian National Bar Association does not for self-regulation and support this activity. New Justice leverages the 09/2018 Canceled professional standards among resources to ensure the efficient implementation members. of its activity. Recommendations for the improvement The expert developed the recommendations for of the Bar Professional Conduct Rules 10/2018 Achieved the improvement of the Rules of Conduct developed. Analysis of the disciplinary practice of the regional qualifications – disciplinary New Justice engaged local expert and now he commissions of the bar and the High 10/2021 Pending started the analysis. Qualifications – Disciplinary Commission of the Bar conducted.

Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY Regional series of training programs for New Justice jointly with SJRP supported the HCJ in journalists conducted. conducting the Forum “Independent Courts and Free Media” with workshops on judicial journalist 05/2019 Achieved for regional media to highlight the importance of upholding journalism standards and procedural laws’ limitations when it comes to investigative journalism and media coverage of court cases. ER 2.3.8 Quality and volume of Courts and Media Manual for Journalists Manual is in open access online. New Justice will investigative journalism and updated and disseminated. support with its materials HCJ, numerous CSOs 09/2019 Achieved other media reporting on and international partners who educate corruption, judicial journalists on court reporting topics. misconduct, judicial reforms, high-profile court cases, and Training on the best practices of investigating and reporting judicial other rule of law issues New Justice is identifying the Expert(s) to start corruption and other rule of law issues 03/2021 In progress increased. working on this activity. for journalists and students with major in journalism conducted. New Justice materials on judicial New Justice supported and participated at the journalism, including Courts and Media events and meeting aimed at educating journalists Manual for Journalists, shared and 09/2020 Achieved on how to highlight court cases and other relevant consultations to interested partners topics. conducted. ER 2.3.9 Media and CSOs CSO monitoring of financial asset New Justice monitored activities of CSO partners analyze and publicize financial declarations submitted by judges and who conducted analysis of financial and assets 09/2020 Achieved and asset declarations court staff conducted. declarations of judges and court staff including compared to actual lifestyle. analysis conducted by Public Integrity Council. ER 2.3.10 Assessment of the Recommendations on improving court implementation of CSO performance based on CSO feedback performance improvement developed and communicated to Council 06/2021 In progress recommendations by courts of Judges, State Judicial Administration conducted. and other partners.

Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY ER 2.3.11 Citizen report cards CRC methodology updated and (CRC) surveys methodology published. 06/2021 In progress updated. ER 2.3.12 CRC surveys CRC surveys implemented in 150 courts. 08/2021 In progress conducted in 150 courts. Objective 3: Administration of Justice Enhanced

Sub-Objective 3.1: Judicial Administration Institutions, Policies, and Procedures Strengthened Coordination of activities between HCJ and COJ takes place in a structured and 09/2017 Achieved HCJ established coordination councils. sustainable format. HCJ internal rules of procedure HCJ started implementation of changes to its ER 3.1.1 Judicial administration developed/updated to reflect BPA internal rules of procedure but was forced to Partially bodies function in more results. 09/2020 suspend these changes due to the outbreak of achieved coherent and coordinated COVID-19. It is unclear when the HCJ will be able fashion. to resume this work. Study visit to Serbia and Slovakia for Upon the request of the HACC and the COVID-19 HACC judges conducted and action plan 09/2021 Postponed relate quarantine and travel limitations the study for applying best practices and lessons visit is postponed. learnt prepared. IFJSE presented and discussed with Presented and discussed. New Justice will proceed ER 3.1.2 Strategies, policies, 12/2017 Achieved and procedures for managing members of the HCJ, COJ and SJA. with implementation. court operations, and Draft SJA performance evaluation providing quality services to framework prepared, presented, and 12/2019 Cancelled Cancelled due to lack of interest. the public implemented. discussed with members of the HCJ, COJ, and SJA.

Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY Training in IT and Strategic Planning for Cancelled since the IT Commission froze its HCJ's permanent IT Commission 09/2020 Cancelled operations and activities shifted to the VR Legal members conducted. Policy Committee. Comprehensive HCJ strategic plan for the development and implementation of IT Partly New Justice contributed to the development of solutions and other changes called for by 09/2020 achieved this Strategy jointly with EU Pravo Justice. Ukraine’s new procedural codes prepared. Case Management Plan for the HACC 09/2021 In progress development. SJA’s needs to create comfortable conditions for the work of jurors in SJA provided its assessment report regarding courts assessed. 06/2019 Achieved creating comfortable conditions for the work of jurors in courts.

TOR for Business Process Analysis for ER 3.1.3. Courts equipped with 09/2020 Achieved and use IT and e-justice the courts prepared. systems to improve efficiency TOR for ODR Platform prepared and of workflow, case management, reviewed. 11/2019 Achieved and accessibility to services. Tender for ODR Platform conducted, Software has been successfully developed and platform successfully developed, tested 12/2020 Achieved tested, Platform launched in December 2020. and launched. Three Round table regional discussions One discussion jointly conducted with Pravo Partly of UJITS implementation status and 09/2020 Justice, further discussions suspended due to high achieved issues conducted. COVID risks.

Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY Cybersecurity risks management Analytical report identifying main cybersecurity training designed and conducted for SJA 09/2021 In progress and court IT staff. risks prepared.

BPA for HCJ completed. 06/2019 Achieved

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

Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY and international best Training for court personnel on practices. budgeting and procurement issues 20/2020 In progress conducted (Joint with ER 3.1.5.). ER 3.1.7 Functional audits of judicial self-governance and administration conducted; Same milestones as for ER 3.1.1. N/A changes to organizational structures and job descriptions proposed. ER 3.1.8 Strategy to improve investment and commercial Same milestones as for ER 3.3.6. N/A dispute resolution adopted and implementation begun. ER 3.1.9 Expert support to court consolidation reform Criteria for court consolidation provided; criteria and 06/2021 In progress identified and approved. respective plans for court consolidation developed. ER 3.1.10 Broad discussions of Regional discussions of UJITS the development of the Unified 06/2021 In progress Judicial Information and implementation issues conducted. Telecommunication System conducted to promote end user engagement in the process and Court innovations roundtable conducted. 06/2021 In progress a revision of the role of the State Enterprise ICS

Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY ER 3.1.11 Business process BPA for courts (as identified in the ToR) analysis of Ukrainian courts conducted, “as is” and “to be” process 06/2021 In progress and judicial institutions maps prepared. conducted. The list of recommendations for HACC ER 3.1.12 HACC case-law aiming at ensuring the smooth 06/2021 In progress analysis conducted. processing of cases and avoid the backlog developed. Sub-Objective 3.2: Professional Competencies and Expertise of Judges and Judicial Personnel Improved Judicial training program on anti- Will happen in the next Program Year. New Justice corruption issues and handling 09/2020 Pending changed estimated completion date for this corruption cases updated. milestone. Training program for newly appointed An Orientation Training Program for the newly judges of the Supreme Court developed appointed Supreme Court Justices was 12/2017 Achieved and implemented. implemented starting from November 14 through November 23, 2017. ER 3.2.1 NSJ methodologies, On November 14, 2017 New Justice presented to core curriculum, and trainers each justice a set of manuals and publications strengthened and meet Library for newly appointed Supreme produced under FAIR and New Justice, including international standards. Court justices created and presented to tools and resources on such topics as Rule of Law, each Supreme Court justices. 12/2017 Achieved Human Rights, Judicial Opinion Writing, Commentary to the Code of Judicial Ethics, Judges’ Book, Court and Community Communication, European and International Standards in Judiciary, etc. Training program “To Be a Judge. 09/2018 Achieved Introduction to the profession” designed.

Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY Orientation training program for newly The program was conducted from May 13 to 17, appointed justices of the Supreme Court 09/2019 Achieved 2019. developed and implemented. Orientation training program for newly appointed judges of the High Anti- 10/2019 Achieved The Program was conducted on April 01-19, 2019. Corruption Court developed and implemented. Curriculum on Caseflow Management for New Justice involved International expert Mr. Supreme Court justices and judges of Giuseppe Fazari to develop and finalize the 02/2021 Achieved appellate courts finalized and Curriculum. Presentation of this curriculum is transferred to the NSJ. scheduled for November 2020. Training for Trainers (TOT) on Caseflow New Justice International expert Mr. Giuseppe Management for Supreme Court justices 09/2020 Cancelled Fazari will finalize the curriculum and present to and judges of appellate courts the NSJ for implementation. conducted. ER 3.2.1 NSJ methodologies, Webinars on “Faculty Development: core curriculum, and trainers How to Prepare and Conduct Webinars”, strengthened and meet “Core Skills for Judges While Presiding international standards. Over Domestic Violence Cases”, 12/2020 Achieved “Managing the Jury Trial”, and “Proceedings against Judges in the U.S” conducted.

ER 3.2.2 Judges and judicial The NSJ is implementing developed with FAIR assistants trained in core support the Online course on Communications for substantive and procedural Course for chief judges on Courts and Press Secretaries. The NSJ is co-operating with the 03/2018 Cancelled law, judicial ethics, leadership, Community Communications developed. Canadian Project in conducting trainings for chief and management. judges on Courts and Community Communications.

Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY Course for judge-speakers on Courts and 03/2018 Cancelled See previous comment. Community Communications developed. Orientation training curriculum for As decided on the Jury Trial Improvement WG jurors on their rights and obligations and meeting on May 17, 2019 instead of developing for judges on their work with jurors the orientation curriculum for jurors, is better to 06/2019 Cancelled developed. develop an orientation video and public awareness materials. This activity will be implemented under ER 2.1.2. Online course “Human Rights and 09/2018 Achieved environmental protection” developed. Mentor Training Program developed. 06/2018 Achieved

Chief Judge Leadership and Management 06/2018 Achieved training Program developed. 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 for Chief Judge Leadership New Justice involved International expert Ms 11/2019 Achieved Comprehensive Curriculum Framework Maureen Conner to develop such materials. developed. Workshop on modern internationally New Justice involved International expert Mr recognized case management practices 07/2019 Achieved Giuseppe Fazari to develop and conduct such for SC justices conducted. workshop. Teaching materials for an orientation New Justice supported NSJ with examples of training curriculum for jurors and judges 12/2018 Achieved booklets for jurors from Germany and U.S. and provided. provided samples of orientation videos.

Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY TOT for NSJ faculty members to teach International humanitarian law and 11/2019 Achieved international criminal law application in conflict context conducted. TOT for NSJ faculty members to teach the Chief Judge Leadership Program, Court Administrator Leadership 09/2020 Canceled Removed from work plan. Program, and Executive Team Leadership Program for chief judges and court administrators conducted. Chief Judge Leadership Program Curriculum, Court Administrator Leadership Program Curriculum, and 04/2021 In progress Executive Team Leadership Program Curriculum for chief judges and court administrators transferred to the NSJ. Up to 15 court administrators completed Executive Team Leadership Program for 11/2019 Achieved court administrators and chief judges. Webinars on “Fundamental Writing Skills,” “Mindfulness and Stress- 12/2020 Achieved Reduction in the Delivery of Justice”, and “Art of Sentencing” conducted.

ER 3.2.3 Judicial personnel demonstrate competencies in Conduct content assessment for court key areas of management and administrator leadership comprehensive 02/2019 Achieved operational support. curriculum framework development.

Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY 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 knowledge and skills for additional 09/2019 Achieved faculty, select the additional faculty and conduct faculty training to teach the new curriculum framework. Conduct the leadership program for up to 40 court administrators. Conduct Strategic Session for representatives of Institute of Court Institute of Court Management leadership does Management NGO to increase capacity of 09/2020 Canceled not demonstrate its readiness for this activity. court administrators NGO. Linked to ER 2.3.6. Bootcamp program developed for New Justice assessed the feasibility of such training HACC court staff and HACC staff 10/2019 Canceled program. No impact was identified for this kind of trained. program. New Justice assessed the feasibility of such program. Upon the discussion with the Mid-level management training program stakeholders and with the notion that the National for the HACC staff developed and 10/2020 Canceled Agency of Public Service is authorized for this kind conducted. of professional development, this activity is canceled. Training program for SC staff developed New Justice is currently assessing the feasibility of 09/2020 Suspended and conducted. such a program.

Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY All-Ukrainian professional discussion on the lessons learned and best practices of 03/2021 In progress ensuring courts' operations during the COVID19 pandemic conducted. Chief Judge and Court Administrator Joint Executive Education Program 06/2018 Achieved developed

Chief Judge and Court Administrator New Justice involved International expert Ms. Leadership Comprehensive Curriculum 02/2019 Achieved Maureen Conner to prepare such curriculum Framework developed framework. ER 3.2.4 Attitude of judges and judicial personnel of themselves and their peers is Teaching lesson plans and students’ positive (e.g., self-image as materials for all programs/modules that New Justice involved International expert Ms. 09/2019 Achieved honest, professional, are selected for the comprehensive Maureen Conner to develop such materials. performing a public service, curriculum framework developed. not-corrupt). Existing Judicial Ethics Curricula (in- 07/2021 In Progress class and on-line) updated.

Webinar “Ethical Aspects of Communication in Social Media” 12/2020 Achieved conducted

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY ER 3.2.5 By the end of the Program, the NSJ is able to provide high-quality, modern, All activities regarding judicial education are Milestones under ERs 3.2.1, 3.2.2 and professional development N/A N/A focusing on strengthening the NSJ self-reliance to 3.2.3. services to judges and judicial become the NSJ fully sustainable. personnel with limited donor support. Sub-Objective 3.3: Mediation and Alternative Dispute Resolution (ADR) Strengthened Strategy and Recommendations The activities postponed for the next work developed and presented to Ukrainian planning periods. It caused by the not adoption of stakeholders for how mediation would the Draft Law on Mediation. New Justice changed be best implemented in Ukraine. 09/2021 Pending estimated completion date for this milestone. Once the Draft Law will be adopted NJ will support mediators’ community to develop Law on ER 3.3.1 Comprehensive Mediation Implementation Plan analyses of current context, Conference on Online Dispute Resolution 09/2017 Achieved barriers and opportunities for conducted. developing mediation and other ADR processes in Comprehensive analyses of current context, barriers and opportunities for New Justice involved 2 International and 2 local Ukraine completed. 06/2019 Achieved developing mediation and other ADR experts to complete such analyses. processes in Ukraine developed. Comprehensive Analyses of Current The Analyses presented to the Legal Policy Context, Barriers and Opportunities for 09/2020 Achieved Committee of the Parliament, MOJ, law schools Developing Mediation and Other ADR and mediators’ community. Processes in Ukraine presented. ER 3.3.2 Normative (legislative, Two discussions of a draft Law on On Dec 15,2017, the Committee conducted the regulatory) framework for Mediation conducted. 09/2019 Achieved first discussion. The updated with NJ support draft mediation and other ADR law was sent to the Committee on Jan 18, 2018.

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY processes strengthened Up to 15 representatives of Ukrainian consistent with international stakeholders participated in a Study 11 representatives of Ukrainian stakeholders 06/2017 Achieved best practices. Tour to the Superior Court of the District participated in this Study Visit. of Columbia in Washington, DC. Set of materials produced in FAIR and New Justice Projects - Expert Reports – Set of materials was presented to the Legal Policy presented to the MOJ, the Profile 09/2020 Achieved Committee of the Parliament, MOJ and other Committee of the Parliament of Ukraine, interested stakeholders. and other interested stakeholders. On December 28, 2019 a new Draft Law on Draft Law on Mediation developed. Mediation developed by the MOJ working group 09/2020 Achieved with New Justice support was registered in the Parliament of Ukraine. A working group developed a draft Code of Conduct for Mediators. After 10 regional discussions NAMU adopted it on Dec 7, 2017 and A working group to develop presented during the Conference on December 8, consolidated approaches to rules of 2017. New Justice will continue work with conduct, accreditation procedure, 09/2019 Achieved mediators’ community on development standards selection and trainings of mediators, for their self-regulation. ER 3.3.3 Professional monitoring of their activities, continuous NJ will continue this activity in FY2018. association for mediators and trainings created. other ADR practitioners In framework of a grant NAMU developed training strengthened. standards for mediators and presented them to the mediators’ community. NAMU adopted the Code of Conduct for Mediators Code of Conduct for Mediators 12/2017 Achieved on Dec 7, 2017 and presented it during the developed. Conference on December 8, 2017. Standards for training of mediators The grantee successfully implemented the grant 08/2019 Achieved developed. project.

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY Up to 40 social workers trained on how Association of Family mediators of Ukraine 09/2020 Achieved to refer cases for family mediation. completed implementation a grant project. Information campaign related to family Association of Family mediators of Ukraine mediation conducted in 5 regions by completed implementation a grant project. 09/2020 Achieved distributing booklets in social services and in online sources. On Dec. 2, 2020, was conducted the webinar Series of related webinars for mediators, “Ethical challenges and accreditation of mediators lawyers, employers (business, state 09/2021 In Progress - how it can contribute to community bodies) conducted. development”. 30 judges, 30 representatives of regional New Justice updated this milestone and estimated free legal aid centers, and 18 completion date for it. 09/2018 Cancelled ER 3.3.4 Professional representatives of NGOs participated in NJ cancelled this activity because it was foreseeing knowledge, expertise, and referral trainings. as a grant activity but no one application received. integrity of mediators Ukrainian Academy of Mediation successfully Draft textbook on mediation developed. 09/2019 Achieved enhanced. completed this grant project. Textbook "Mediation in the Professional Ukrainian Academy of Mediation successfully Activity of a Lawyer" developed. 12/2019 Achieved implemented the grant project.

Mediation information campaign Ukrainian Academy of Mediation implemented ER 3.3.5 Mediation and other developed. 03/2018 Achieved this information campaign with New Justice grant ADR processes integrated into funding. the legal culture and court ODR program designed and processes. 12/2020 Achieved implemented. ER 3.3.6 Use of mediation and Survey of the legal professionals and other ADR processes in civil representative of the business The survey implementer was identified and the 04/2021 Pending and commercial cases community, including the business survey will be conducted in the upcoming quarter. increased. associations conducted.

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY ER 3.3.7 Adoption of the Draft Samer milestone for the ERs3.3.2 and N/A Law on Mediation promoted. ER3.3.7. ER 3.3.8: ODR tools developed, piloted, implemented, and made available to Ukrainian Webinar “Online Dispute Resolution as a judicial and other institutions, Means to Reduce Judicial Workload and 12/2020 Achieved including settlement of court Improve Access to Justice” conducted. cases and public procurement disputes. Sub-Objective 3.4: System of Enforcement of Judgments Improved

Analyze draft law amending laws on NJ jointly with the UE Pravo-Justice program enforcement procedures drafted by the analyzed provisions of the recently registered in 09/2020 Completed MOJ and provide recommendations the Parliament draft law #3609 developed by the MOJ and provided negative opinion. ER 3.4.1 Normative framework Support the MOJ Legislation Department New Justice supported three rounds of discussions for enforcement of judgments in advocating changes by supporting of the MOJ Legislative Department draft revised. discussions, presentations, etc, incl. the 08/2020 Achieved Legislative Monitoring to be submitted to the forum titled “Territory of Justice”. Cabinet of Ministers by the MOJ. Due to COVID-19 all meetings were conducted online. Continue to examine enforcement New Justice continues to provide expert processes and procedures, identify gaps recommendations to the MOJ and the APEOU and provide recommendations. regarding improvement of enforcement 09/2020 Achieved procedure. They were reflected at the mentioned above draft #3726. Also New Justice took active position in the work of parliamentary enforcement working group mentioned above.

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY Continue to deliver expert review of the Working Group on Enforcement Legal Framework current legislative framework for proceed provisions of the draft laws #3726 and enforcement of judgements based on the #3726 – 3729. Currently the Working Group is best international and European 09/21 In progress preparing consolidated enforcement reform bill. practices including the institute of New Justice will continue to contribute to the private enforcement agents and practice work of the Group. developed by the first PEOs. ER 3.4.1 Normative framework Support the process of review and for enforcement of judgments consolidation of the enforcement reform revised. draft bills #3707, #3726, #3727, #3728

and #3729. Facilitate development of a Same as above. unified, improved draft bill to support 09/21 In progress further reform of the enforcement process in line with the recommendations of the Coe Committee of Ministers and other international best practices. Continue to communicate and advocate for the further legal changes to the Parliament and Presidential Office to 09/21 In progress Same as above. continue to improve enforcement process specifics such as taxation, case management, lifting of limitations, etc. ER 3.4.2 Rules and procedures Review rules and procedures adopted by New Justice provided expert support to the MOJ for licensing, oversight, and the Congress of PEAs to offer and the APEOU regarding improvement of Rules assignment of private recommendations on their 09/202o Achieved and Procedures regulating PEOs operations enforcement agents adopted. improvement. including access to the examination.

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY Train Ethical Commission of the PEO New Members of the Ethical Commission were Pending Association on international standards 09/2021 recently selected. New Justice will train them once

on conflict of interest management the commission starts its operation. Support MOJ Working Group in developing standard curricula of initial MoJ failed to create such group. New leadership of trainings for the PEOs candidates by 09/2019 Cancelled the MoJ didn’t support the idea. conducting needs assessment, surveys, etc. Review qualification rules and procedures established by the MOJ. And Achieved New Justice initiatives in this regard were 09/2020 provide recommendations on their reflected in the draft law #3726. improvement Review Disciplinary rules and procedures established by the MOJ and Achieved 07/2020 Same as above. provide recommendations on their improvement Review rules for conducting functions Achieved and oversight and provide 07/2020 Same as above

recommendations on their improvement Advocate for improvements to the qualification processes by improving New Justice initiatives in this regard were related regulations and practices of 08/21 In progress reflected in the draft law consolidated by the respective Qualification Commission. Working Group on Enforcement Legal Framework Promote more transparent and open operation of the Commission

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY Continue to monitor and revise practice of conducting MOJ oversight over the New Justice is looking for a suitable expert at the activities of the PEAs, specifically MOJ moment 09/21 In progress inspections and provide recommendations on their unification and improvement.

Review current structure of the New Justice continues to help APEU grow its association, legislative requirements and capacity and strength and address those its actual SOW and provide assessment weaknesses. However, APEOU is still poorly of capacity needs, involve foreign 09/2021 In progress staffed and structured expertise on the best standards in establishing self-governing ER 3.4.3 Association of organizations. Enforcement Agents established and cadre of private enforcement agents New Justice supported five regional round table trained and certified. discussions (two in Odessa, one in Kharkiv, one in Support Regional discussions of the Dnipro and one in Kyiv) devoted to the issues of practical aspects of the operation of PEOs involvement in bankruptcy procedures, best private enforcement officers and 09/19 Achieved IT solutions for efficient enforcement and effective develop recommendations for the MOJ advertisement of the profession at legal market. All worded recommendations and listed procedural problems were communicated to the MOJ.

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY Continue to support the establishment of the Association of Enforcement Officers. Hold round tables, working group Due to COVID-19 restrictions this activity meetings, and other events to support an undergoes revision 09/21 In progress exchange of experience and knowledge, consensus building among the first PEOs, including conducting the first PEAs Conference. As mentioned above New Justice expert upon the Explore best international standards if request from the Association conducts study of evaluation of quality of services 08/2021 In progress private enforcement effectiveness baseline provided by the PEOs

New Justice IT expert Dmitriy Kisilyov finalized ER 3.4.4 Enforcement agents Achieved the TOR for Association renewed website. Provide assistance in developing PEOs equipped with the necessary 02/2020 Colleagues from EU Pravo-Justice based on the systems, tools, and sufficient official website. developed TOR will hire IT specialist who will budgetary support to manage develop new website. case load and adequately care for assets under their Conduct for justice sector professionals, New Justice is looking for a training delivery supervision. including MOJ employees and PEOs, 05/2021 In progress company web-based trainings on mindfulness and

stress reduction.

New Justice conducts negotiations with expert Conduct unification of the internship 06/2021 In progress Speedy Rise to involve him into the assessment program delivered by the specific PEOs.

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY Selected by New Justice PlusOne company developed animation “Guide on Enforcement Proceedings@ that was released by the MOJ and Support public awareness campaign I Achieved included into the national I HAVE A RIGHT! HAVE A RIGHT! In relation to the right 09/2019 Campaign. Also, New Justice published and on enforcement of court decisions disseminated brochures informing citizens on due process of court decisions effective enforcement. New leadership of the MOJ closed the campaign. Outline the baseline for the private New Justice local short-term expert Maryna Ogay enforcement based on the initial 09/2021 In progress continued to collect questioners from PEOs and statistical data available for the first started to process received data. operational years. ER 3.4.5 Judgments are enforced in a timely and Jointly with the APEOU continue analysis effective manner. of PEOs effectiveness in regard to number of cases executed and sums of money returned to creditors in 2017- New Justice is looking for a suitable expert. 09/2021 In progress 2020 to have representative data to compare with regard to the PEOs profession progress and continue to identify the baseline and tendencies. Support MOJ in establishing effective communication with the public, media New Justice communication expert is completing and CSOs on the results of the his assignment supporting the MOJ in enforcement services operation and 06/2021 In progress implementing effective channels of enforcement rate, as well as to communication with the public. strengthen capacity of the Ministry to build communication strategy by itself.

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY ER 3.4.6: Analysis of the PEOS Continue to support the national ethical rules and Association of PEOs in drafting, recommendations regarding discussing and adopting lacking and new New Justice cooperates with the APEOU Ethical their improvement advocated rules and codes. Specifically, provide 09/2021 In progress Commission revision of the acting Code of Ethics with the association of private support in further improving the enforcement officers of provision of the Code of Ethics based on Ukraine (APEOU). the developments of the private enforcement practice, etc. ER 3.4.7: Assessment of PEOS Continue to support APEOU efforts to initial and on-initial and on- New Justice involving expert Speedy Rise to develop comprehensive training 08/2021 In progress going training needs conducted conduct such assessment programs for PEOs, assessing PEOs and submitted to the APEOU initial and on-going training needs. training center Conduct analysis of the Disciplinary Commission practice and present results ER 3.4.8: Unification of PEOS to the MOJ leadership, increasing disciplinary practice completed transparency of Commission operation New Justice is looking for a suitable expert and communicated to the PEOS 08/2021 In progress and PEOs awareness on how to duly disciplinary commission. represent their own interests and defend

their position in the meetings of the Disciplinary Commission. Communicate successful results of PEOs operation to the market, including ER 3.4.9: Increased usage of professional associations, trading PEOS by sector stakeholders. 08/2021 In progress Same as above chambers, and the business and legal

communities by supporting joint meetings, discussions, or round tables. Objective 4: Quality of Legal Education Strengthened

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

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY New Justice is supporting the Working Group on Legal Education Reform of the Legal Reform Commission under the President of Ukraine and the Verkhovna Rada Committee on Education, Draft Legal Education Reform Concept Science and Innovations in updating the draft Paper is finalized and prepared for the 04/2021 In progress Legal Education Reform Concept Paper. After GOU approval. collecting stakeholder feedback on the draft Legal Education Reform Concept Paper, the Committee will finalize and vote on the recommendations for finalizing and adopting the draft Legal Education Reform Concept Paper on January 21, 2021. ER 4.1.1 National education MOE approved the Legal Education Standards for strategy and standards for legal Bachelor’s Degrees in Law. New Justice continued education and accreditation to support the MOE Sub-Committee on developing adopted by Ministry of draft Legal Education Standards for Master’s Education, with input the MOJ Draft Legal Education Standards for Degrees in Law. New Justice provided expert and and key stakeholders including Master’s Degrees in Law developed and organizational support to the MOE Sub-committee representatives of civil society. prepared for the MOE approval. 03/2020 Achieved on Legal Education Standards in developing and finalizing the draft National Standards for Master’s Degrees in Law. Head of the MOE Sub-committee on Legal Education Standards submitted the final draft for the National Agency for Higher Education Quality approval and subsequent adoption by the MOE. Draft Regulation of the National Agency New Justice supported NAHEQA in developing for Higher Education Qality Assurance such Regulation by providing international (NAHEQA) on Ensuring Academic 12/2019 Achieved expertise on academic integrity, reviewing the Integrity developed with the input from draft Regualtion, and providing expert New Justice. recommendations for improvement.

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY Members of NAHEQA's Expert Council New Justice is conducting consultations with the on Legal Education and its key local NAHEQA leadership on the topic and format of a experts trained on accreditation of law 04/2021 In progress workshop on accreditation of law programs based programs based on international on international standards. standards. Three regional presentations and In addition to the planned regional discussions, roundtable legal education stakeholder New Justice also supported the discussions of the discussions on the draft Legal Education 11/2016 Achieved draft Legal Education Reform Concept Paper in Reform Concept Paper in Kharkiv, Odesa, Vinnitsia. Chernivtsi, and Dnipro conducted. Up to three public roundtable New Justice supported the MOJ and the discussions on the updated draft Legal Association of Ukrainian Lawyers’ Committee on ER 4.1.2 Law school 05/2019 Achieved administrators, faculty Education Reform Concept paper Legal Education in conducting such public leadership, and instructors conducted. discussions in Lviv, Kharkiv, and Kyiv. aware of and understand International Legal Forum at the The Forum took place in Kharkiv on October 3-6, national strategy and Yaroslav Mudryi National Law 11/2017 Achieved 2017. standards for legal education University. and accreditation. New Justice supported the MOE, the MOJ, and the International conference on current Taras Shevchenko Kyiv National University with challenges in the field of legal education organizing and conducting the International in Ukraine conducted. 04/2018 Achieved Conference "Legal Education Quality Assurance, University Autonomy and Academic Freedom in Preparing Legal Professionals for the 21st Century".

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY New Justice in cooperation with the EU Pravo- Justice Project supported the MOE in conducting Up to three roundtable stakeholder an online public discussion on the implementation discussions of the national standards for of the National Standards for a Master’s Degree in legal education conducted. Law developed with the support of New Justice, 09/2020 Achieved the EU Pravo-Justice Project, and the office of the OSCE Project Coordinator and recently approved by the MOE. This event raised stakeholders’ awareness of the national legal education standards. New Justice supported the Verkhovna Rada Committee on Education, Science, and Innovations and the Working Group on Legal Education Reform of the Legal Reform Commission under Verkhovna Rada Committee Hearing on the President of Ukraine in preparations for the Legal Education Reform conducted. 11/2020 Achieved Parliamentary Committee Hearing on Legal Education conducted online on November 11, 2020 with over 120 participants including high ranking officials, law school administrators, faculty leaders, leaders of bar and student associations. New Justice supported the Legal Education Reform Committee of the Association of Advocates Up to three online public discussions on of Ukraine in conducting a series of online public Partly national legal education standards 05/2021 discussions on the implementation of national achieved conducted. legal education standards, improving the quality of law students’ externships in the MOJ territorial departments, and courts.

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY New Justice supported the Students’ League in Posters visualizing national legal setting up its Task Force on Visualizing National education standards developed and 05/2021 In progress Legal Education Standards in cooperation with disseminated among leading law schools. Head of MOE Sub-Committee on Legal Education Standards Andriy Boyko. External, independent, onsite Presentation of the Assessment Report with assessment of legal education quality at 03/2017 Achieved Recommendations will take place on May 29, the NUOLA conducted 2017. ER 4.1.3 Law schools revise CNU and NUOLA revised their policies, Odesa Law Academy prepared its Action Plan for policies, procedures, and legal procedures and legal education practices Implementation of New Justice’s Expert education practices in in light of the ESG, best international Recommendations following the external, compliance with national legal education practices, and national independent, on-site assessment of Odesa Law standards for legal education standards for legal education and 09/2017 Achieved University in March 2017. CNU set up with New and accreditation. accreditation 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 New Justice developed the report and publicly in Advancing Legal Education presented 11/2016 Achieved presented it together with the Association of to Ukrainian bar associations Ukrainian Lawyers. New Justice developed an Innovative (Model) Law School Curriculum based on the Bologna Draft methodological guidelines for the requirements and other international standards implementation of the adopted national and related best practices as well as promoted it standards for bachelor and master among stakeholders. New Justice also developed a 05/2021 In progress programs in the light of the Innovative Modern Teaching Toolkit for Ukrainian Legal (Model) Law School Curriculum Educators and the Action Plan for its developed. implementation. Five leading Ukrainian law schools received expert support in implementing the Innovative (Model) Law School Curriculum.

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY Draft University/Law School New Justice supported the development of a Anticorruption Policy developed. Model University Anticorruption policy through 11/2017 Achieved joint efforts of Ukrainian and American faculty and law students. Methodological guidelines for the New Justice is conducting consultations on implementation of the adopted national developing the methodological guidelines with 05/2021 In progress standards for bachelor and master Head of MOE Sub-Committee on Legal Education programs in law developed. Standards.

New Justice developed and piloted the Methodology for External, Independent, On-Site Assessment of Legal Education Quality. Further, New Justice supported the recently established National Agency for Higher Education Quality Draft Methodology for Law School Assurance and successfully advocated for using ER 4.1.4. A minimal standard Rankings based on the objective, pre- the Methodology for the purposes of developing and gold standard established criteria developed. Standards for Accreditation of Education accreditation is adopted to 04/2021 In progress Programs, including educational programs in Law. increase competition among New Justice secured the commitment of the Legal the law schools. Education Committee of the Association of Ukrainian Lawyers (ALU) to develop, pilot, and then on an annual basis implement the methodology for law school rankings. New Justice will provide the ALU Legal Education Committee with expert support in developing and piloting the methodology in 2021.

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY New Justice developed a report on international best practices of establishing Law School Advisory Boards and shared the report with interested law schools and bar associations. The Yuriy Fedkovych Chernivtsi National University School of Law, the Partly Law School Advisory Boards established 11/2020 Lesia Ukrainka Volyn National University School achieved in up to two leading law schools of Law, the Zaporizhia Classic Private University School of Law, and the Association of Ukrainian Lawyers, and the Association of Ukrainian Advocates showed their interest in implementing this instrument. Expert recommendations for establishing and developing law school New Justice is collecting best practices of alumni alumni relations developed and 08/2021 In progress relations management. presented to the administrators of leading Ukrainian law schools. New Justice supported NAHEQA with expertise on the US standards for law school licensing and accreditation of law programs. To this end, New Expert recommendations for introducing Justice, with permission from the American Bar legal education-specific requirements for 08/2021 Association (ABA), translated the ABA Standards In progress law school licensing and accreditation of for Approval of Law Schools into Ukrainian and law programs developed. presented them to NAHEQA to encourage the development of local licensing requirements for law schools and accreditation requirements for law programs.

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY New Justice supported the Students’ League and the European Law Students’ Association in developing a partnership with the Sociological ER 4.1.5. Nation-wide student Nation-wide student opinion survey on Association of Ukraine to facilitate their opinion survey on legal 07/2021 In progress legal education conducted. cooperation aimed at designing and implementing education reform conducted. a national student opinion survey on the implementation of legal education standards and other key aspects of legal education reform. New Justice started consultations with legal ER 4.1.6. Assessment of education reform stakeholders and is in the corruption risks in legal Assessment of corruption risks in legal 08/2021 In progress process of identifying experts who will conduct education conducted. education conducted. the assessment of corruption risks in legal

education. Sub-Objective 4.2: Quality Assurance Frameworks for Law Schools Developed Study tour to the U.S.A. for up to 15 policy-makers, representatives of leading Ukrainian law schools, and ER 4.2.1 Policies and Ukrainian bar associations aimed at 09/2017 Achieved procedures for quality learning policies and procedures for assurance frameworks based comprehensive legal education quality on international standards and assurance conducted. comparative best practices External, independent, on-site adopted by leading law schools. New Justice presented the Assessment Report to assessment of legal education quality at the law school administrators, faculty, students, the Yaroslav Mudryi Law University 02/2018 Achieved and other stakeholders, including the MOE and the conducted and the Assessment Report MOJ, on February 6, 2018. publicly presented.

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY New Justice supported the MOE, the MOJ, and the Taras Shevchenko Kyiv National University with International conference on legal organizing and conducting the International education quality assurance and 04/2018 Achieved Conference "Legal Education Quality Assurance, assessment conducted. University Autonomy and Academic Freedom in Preparing Legal Professionals for the 21st Century". 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, Facilitated self-assessment of legal including the Vasyl Stus Law School. The Vasyl education quality at the Vasyl Stus Law 04/2019 Achieved Stus Law School filled in the questionnaire and School conducted. 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 Up to two administrators of leading Barabash and Ukrainian Catholic University Achieved Ukrainian law schools benefited from the 04/2019 School of Law Director Ivan Horodyskyi with their

ELFA Annual Conference in 2019. participation in the 2019 ELFA Annual Conference “Integration and Diversity in Legal Education” on Apr 11-12, 2019 in Torino, Italy.

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY Brand-new bachelor of law program New Justice supported the UCU School of Law in based on the Innovative (Model) Law developing its brand-new bachelor’s degree School Curriculum launched at the program based on the Innovative (Model) Law Ukrainian Catholic University School of 09/2020 Achieved School Curriculum. The MOE accredited the Law. program and the UCU School of Law successfully started the program implementation in September 2020. New Justice started to analyze the impact of external, independent, on-site assessments that Law school assessments impact four leading law schools with USAID assistance underwent in 2014-2018. New Justice will analyze evaluation conducted. 02/2021 In progress the progress in legal education quality assurance made (impact analysis) since the external assessments at those law schools and at the national level. Up to two workshops on nature, scope, and application of the Standards and Guidelines for Quality Assurance in the ER 4.2.2 Law school European Higher Education Area (ESG) administrators, faculty and the ESG-based Methodology for leadership, instructors, and External, Independent, On-site student government 09/2018 Achieved Assessment of Legal Education Quality representatives trained on conducted for law school administrators, nature, scope, and operation of faculty leadership, instructors, and QAF. student government members representing at least 10 Ukraine’s leading law schools.

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY At least 15 law school administrators Over 70 law school administrators, faculty and and faculty leaders trained on best student leaders trained on conducting 06/2020 Achieved international practices of law student examinations online as a response to the Covid-19 examination. challenges. New Justice addressed NAHEQA leadership asking Members of the NAHEQA Legal about priorities for cooperation as to legal Education Expert Council trained on the 05/2021 In progress education quality assurance to make sure New application of standards and guidelines Justice’s technical assistance meets NAHEQA’s for legal education quality assurance. needs and priorities. New Justice agreed to cooperate with the United Nations Office on Drugs and Crime (UNODC) in translating its 14 Educaton for Justice (E4J) E4J online module series on integrity University Online Modules on Integrity and Ethics and ethics translated into Ukrainian and 04/2021 In progress along with a Teaching Guide into Ukrainian. Once disseminated among 20 leading law translated, the UNODC will upload the materials schools. onto its E4J online platform for Ukrainian law schools to use them for teaching integrity and ethics as part of their modernized curricula. Two Quality Assurance Units established and Quality Assurance Units in leading law functioning at Odesa Law Academy and the Yuri 09/2017 Achieved schools established and functioning. Fedkovych Law School (Chernivtsi) with New ER 4.2.3 Quality Assurance Justice's support. Units in leading law schools established and functioning. New Justice supported the MOJ and leading law Draft concept paper on a model Legal schools with developing the draft and presenting Achieved Education Quality Assurance Unit and its 09/2018 it at the international conference in Kyiv on April business processes developed. 24-25, 2018.

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY New Justice publicly presented the draft Bylaws at Draft Bylaws on a Legal Education the international conference in Kyiv on April 24- Quality Assurance Unit finalized and 25, 2018, promoted the draft among the 12/2019 Achieved promoted among leading Ukrainian law administrators of leading law schools and then schools. shared the document with the National Agency for Higher Education Quality Assurance. New Justice engaged Professor Rice of the Up to two roundtable discussions to Washington and Lee University School of Law promote the value of academic integrity conducted two roundtable discussions to promote 12/2019 Achieved in the university setting conducted. academic integrity, one of which in cooperation with American Councils’ Strengthening Academic Integrity in Ukraine Project. New Justice continued to advocate for the Legal education quality assurance unit establishment of the legal education quality established at the Yaroslav Mudryi assurance unit. Newly elected NLU Rector National Law University (NLU). 09/2021 In progress included the establishment of such a unit as one of his objectives. New Justice will support the NLU in its efforts to set up the unit to enhance the NLU internal legal education quality assurance. ER 4.2.4 Members of NAHEQA’ Expert Council on Legal Education trained on Milestones under ERs 4.2.1, 4.2.2 and N/A international standards for 4.2.3. legal education quality assurance. Sub-Objective 4.3: Practice Oriented and Skills Based Instruction, Curriculum, and Activities Integrated

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY Up to two basic TOT on modern methods New Justice devoted one section of the May 30-31 of interactive teaching and learning the workshop on the Methodology for External, law for law school faculty and student Independent, On-site Assessment of Legal self-governance members representing Education Quality for 18 administrators and 07/2017 Achieved at least 10 Ukraine’s leading law schools faculty to interactive teaching methods and skills- conducted. based education. Further, New Justice conducted in July 2017 a workshop on developing experiential criminal law and procedure courses. Capacity of up to four Ukraine’s leading Ukrainian component syllabus of the international law schools to deliver high-quality anti- anti-corruption course developed. International corruption education enhanced and the academic anti-corruption workshop conducted in Achieved ER 4.3.1 Modern instructional international online anticorruption 06/2017 Kyiv on April 13-14, 2017. The international and methods adopted and course in up to four of Ukraine’s leading local components of the anticorruption course implemented to ensure law schools implemented in cooperation taught. Concepts an action plans for anti- effective practice oriented, with the W&L. corruption community service projects developed. skills-based learning and New Justice jointly with the Ukrainian Catholic formally adopted into school University Rule of Law Center conducted seven curriculum. public lectures on crosscutting rule of law issues Assistance in conducting up to 12 events related to legal reforms in a democratic society,

aimed at raising public awareness about 09/2017 engaging over 290 law students, academics, legal Achieved global trends in the understanding of the practitioners, and public officials who attended rule of law provided. 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 Action Center Anticorruption Action Center’s capacity representatives benefited from the international to fight corruption in the academia 06/2017 Achieved anticorruption online course and the April 13-14, strengthened. 2017 international academic anticorruption workshop in Kyiv.

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY Concept and draft curriculum for the Concept for the certificate program in rule of law certificate program in rule of law 05/2018 Achieved and draft curriculum developed. developed. Certificate Program in Rule of Law The respective Ukrainian and U.S. universities delivered. 04/2019 Achieved. implemented the program which was completed on April 17, 2019. Local faculty members of the Certificate Program in Rule of Law trained to 07/2019 Achieved. The seminar took place on July 8 to 12. implement the certificate program further. Up to three workshops on modern New Justice conducted a first workshop on methods of interactive teaching and October 3-4, 2017 and a second workshop on learning the law and lawyers’ 09/2018 Achieved April 26-27, 2018, and a third workshop on professional ethics for law school faculty September 6-7, 2018. conducted. At least 10 public rule of law lectures New Justice in cooperation with the Ukrainian conducted in the 2017-2018 academic 08/2018 Achieved Catholic University conducted 12 public lectures year. At least 10 public rule of law lectures New Justice in cooperation with the UCU Rule of conducted in the 2018-2019 academic Law Center conducted two public rule of law year. 06/2019 Achieved lectures in October 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 International Academic workshop on developing a Anticorruption Workshop on November 21-22, 11/2017 Achieved University/Law School Anticorruption 2017 in cooperation with one American and four Policy conducted. Ukrainian law schools.

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY New Justice in cooperation with the Washington and Lee University School of Law and the United International academic anti-corruption Nations Office on Drugs and Crime conducted on workshop on strengthening integrity of Nov 14-16 two international workshops on 11/2018 Achieved law school communities conducted. analyzing integrity infrastructures of six leading Ukrainian law schools, conducting mock Honor Committee hearings, and using UNODC-developed Online Modules on Ethics and Integrity. New Justice continues to work with the CNU Law School on developing the Rules of Procedure for its Honor Committee to enforce the CNU Honor Draft Rules of Procedure for the Code. New Justice produced a Report on an implementation of the CNU Law School 12/2018 Achieved Investigational Procedure for Honor Violations Honor Code developed. 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. New Justice engaged International Legal Education Expert Sophie Sparrow, who conducted on Feb 25-27 for law school administrators and Up to two workshops on modern faculty a workshop on the implementation of the methods of interactive teaching and Modern Teaching Toolkit earlier developed by New Justice International Legal Education Expert learning conducted for law school 04/2019 Achieved Gerald Hess. New Justice also engaged administrators, faculty, and students. 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.

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY

New Justice supported the Kyiv Regional Center of Up to three workshops/winter/summer the National Academy of Legal Sciences in schools on modern methods of 01/2020 Achieved conducting the Winter School for over 50 interactive teaching and learning for law representatives of more than ten leading law school faculty conducted. schools.

International online anticorruption New Justice supported the implementation of the course implemented by up to seven international online anticorruption course in Ukrainian law schools in cooperation 12/2019 Achieved cooperation with the Washington and Lee with the W&L School of Law during the University School of Law and four leading 2019 Fall Semester. Ukrainian law schools. New Justice preliminary agreed with the United Workshop for law faculty on teaching Nations Office on Drugs and Crime to cooperate on 04/2021 In progress ethics and integrity conducted. the implementation of the training program for Ukrainian faculty on ethics and integrity. This activity has been cancelled due to the Covid- Up to five public rule of law lectures 09/2020 Cancelled 19 restrictions related to conducting public conducted. events. New Justice facilitated the cooperation of four Ukrainian law schools with the Washington and Lee University School of Law in implementing of an online anticorruption course during the 2020 Virtual anti-corruption workshop Fall Semester as well as conducted a fifth 11/2020 Achieved conducted. international (virtual) anti-corruption workshop engaging over 35 faculty, students, and anti- corruption practitioners and fostering the development of the community of anticorruption teaching and practice.

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY

New Justice engaged two international legal

education experts and three local legal education

experts with extensive expertise in teaching legal Model legal writing syllabus developed. 04/2021 In progress writing to develop a Model Legal Writing Course

Syllabus to strengthen the capacity of Ukrainian law schools to teach legal writing skills.

Draft concept paper on the nature, mandate, and operations of Law School New Justice developed a report on the law school Boards of External Advisors aimed to boards of external advisors with all their key ensure the law school curriculum 09/2018 Achieved features covered and explained and will continue effectively prepares law students for to advocate for law schools to use boards of career in the judiciary and other legal external advisors to improve their curricula. professions developed. ER 4.3.2 Institutional curriculum effectively prepares law student for career in the New Justice engaged International Legal Judiciary and other legal Draft Modern Teaching Toolkit for Education Expert Gerald Hess to develop the 11/2018 Achieved professions. Ukrainian legal educators developed. Modern Teaching Toolkit for Ukrainian legal educators.

New Justice worked with the inter-law-school task Draft model syllabus on lawyers’ force to finalize the draft with support from New professional responsibility developed. 09/2018 Achieved Justice International Legal Education Experts James Moliterno and Leah Wortham and publicly present the draft in Kyiv on September 6, 2018.

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY In September 2018, New Justice presented the Professional Responsibility Course Professional Responsibility Course Syllabus. The implemented by at least three leading Yuri Fedkovych Chernivtsi Law School, Ostroh 06/2019 Achieved law schools. Law School, Odesa Law Academy, and the Vasyl Stus Donetsk National University School of Law are implementing the course. In September 2018, New Justice supported the Yaroslav Mudryi National Law University with Online Justice and Innovations course conducting a public presentation of the Justice, piloted at the Yaroslav Mudriy National 06/2019 Achieved Innovations, Technology and Law Course. 15 Law University. students completed the course in during the 2018- 2019 academic year. New Justice engaged Professor David Kereselidze, Up to three trainings on the Sophie Sparrow, Delaine Swenson, and Speedy implementation of the Model Law School 06/2019 Achieved Rice to train the leadership of interested Curriculum conducted. Ukrainian law schools on the implementation of the Model Law School Curriculum. Innovative (Model) Law School Curriculum implemented in the Yaroslav New Justice is conducting consultations with the Mudryi National Law University (LNU). 09/2021 In progress LNU leadership regarding the modernization of the LNU curriculum.

Model Regulation on a Legal Clinic of a Due to the changes in the leadership of the Higher Educational Institution approved 05/2021 Pending Ministry of Education and Science, this milestone ER 4.3.3 Law school legal by the respective ministries and has been postponed till 05/21 clinics (including specialized presented to stakeholders. clinics) developed and Model syllabus for the Legal Clinical integrated into formal 06/2021 In progress Education course developed. curriculum. Three monitoring missions to legal Partly 03/2021 Two monitoring missions conducted. clinics conducted. achieved.

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY Current practices and challenges related ER 4.3.4 Judicial clerkship to organizing externships for students to 03/2021 Pending program created in stakeholders assessed. coordination with judicial self- Roundtable discussion on externships governance bodies and courts. 03/2021 Pending and 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 Mandatory, external, independent, three sub-tests: critical, analytical, and logical standardized entrance exam (MEISEE) thinking test akin to the Law School Admission for master’s degree programs in law 08/2017 Achieved Test (LSAT) in the United States, legal knowledge implemented nationwide in 2018. test, and a foreign language (English, German or ER 4.3.5 Independent, external French) test. The UCEQE automatically processed examinations for law school the answer sheets and announced the exam admissions and graduation results on August 15, 2017. As a result, 12,856 implemented. (nearly 80%) of candidates passed the exam. Mandatory, external, independent, standardized entrance exam (MEISEE) On July 13, 2018 over 15,800 applicants for for master’s degree programs in Law and 07/2018 Achieved master’s degree programs in law and international International Law implemented law sat MEISEE. nationwide in 2018.

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY In December 2018, the MOE-developed and MOJ- approved Rules of Admission to HEIs in 2019 Minimum number of score points per entered into force. The Rules set the minimum each certificate of the external, number of score points for three certificates of the independent, standardized testing of external, independent, standardized testing of 12/2018 Achieved high school graduates needed to high school graduates (arithmetic mean) needed compete for admissions to law schools in to compete for admissions to law schools in Ukraine increased. Ukraine at 130 out of 200 points and, thus, increasing admission standards and improve the quality of student body. In December 2018, the MOE-developed and MOJ- approved Rules of Admission to HEIs in 2019 entered into force, providing the legal basis for Mandatory, independent, external conducting MIESEE in 2019. The MOE established entrance exam for master’s degree 07/2019 Achieved its Working Group on MEISEE 2019 and approved programs in Law and International Law the exam programs for eight legal disciplines. In implemented nationwide in 2019. July 2019 the Ukrainian Center for Education Quality Evaluation successfully administered MEISEE for over 14,250 exam-takers nation-wide. Per the MOE request, New Justice provided the Mandatory, independent, external MOE with expertise as to developing cognitive entrance exam (MEISEE) for master’s abilities testing as part of MEISEE 2020. In July degree programs in Law and 07/2020 Achieved 2020 the Ukrainian Center for Education Quality International Law implemented Evaluation successfully administered MEISEE for nationwide in 2020. over 15,250 exam-takers nation-wide.

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY New Justice continued to support the MOE Task Force on the Unified State Qualifications Exam (USQE) to ensure the organizational and analytical support in preparing for and piloting the USQE. To this end, New Justice supported the MOE in conducting the Task Force’s meetings online due to COVID-19 to design the USQE concept, program, and action plan for its piloting. In this reporting Draft roadmap to support the MOE’s period the MOE Task Force on USQE discussed implementation of a Unified State and developed the USQE’s draft program based on Qualifications Examination (USQE) of 05/2021 In progress the National Legal Education Standards for Master of Law Candidates developed and Master’s Degree Programs in Law. As a result, the the USQE piloted. MOE Task Force drafted the USQE program that specifies the following key program elements: constitutional law, civil law, civil procedure, criminal law, criminal procedure, and professional responsibility of lawyers. New Justice will continue to support the MOE Task Force on USQE preparations for the exam piloting scheduled for May 2021.

ER 4.3.6 Memorandum of Memorandums of Understanding with

Understanding concluded with key legal education reform stakeholders New Justice concluded the Protocols of key legal education partners to to ensure smooth implementation of the 09/2017 Achieved Cooperation (PoC) with the key governmental sustain USAID investments USAID Nove Pravosyddya Program and partners, namely the MOE and the MOJ. after the end of the Program. sustainability of USAID investments after the end of the Program executed.

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY New Justice concluded the Protocols of Memorandums of understanding with Cooperation (PoC) with the MOE, the MOJ, the five key legal education reform Yaroslav Mudryi Law University, Yuri Fedkovych 09/2018 Achieved stakeholders, including leading law Chernivtsi University Law School, Odesa Law schools and bar associations, concluded. Academy, the Kyiv-Mohyla University, and the Taras Shevchenko Kyiv National University. New Justice concluded the PoC with the National Agency for Higher Education Quality Assurance. New Justice also achieved a preliminary agreement with the leadership of the Vasyl Stus National University School of Law and the Memorandums of understanding with Association of Ukrainian Lawyers on sighing the three key legal education reform 09/2020 Achieved Protocol of Cooperation on strengthening legal stakeholders, including leading law education quality. New Justice will work to secure schools and bar associations, conducted. key legal education stakeholders' commitments to continued usage of the materials/methods pertaining to legal education quality assurance introduced during the New Justice implementation after USAID ends its support.

Commitments from key legal education New Justice through modified protocols of stakeholders regarding the continued cooperation secured commitments from key legal usage of the materials/methods education stakeholders, including NAHEQA and several leading law schools, regarding the pertaining to legal education quality 02/2021 In progress assurance introduced in the course of continued usage of the materials/methods the New Justice implementation secured. pertaining to legal education quality assurance introduced in the course of the New Justice implementation.

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY ER 4.3.7 E4J online module series on integrity and ethics translated into Ukrainian and Related milestones listed under ER4.2.2 N/A disseminated among 20 leading law schools. ER 4.3.8 Innovative (Model) Law School Curriculum implemented in the Yaroslav Related milestones listed under ER4.3.1 N/A Mudryi National Law University. ER 4.3.9 Unified State Unified State Qualifications Exam piloted 07/2021 In progress Qualifications Exam piloted. ER 4.3.10 Legal professional’s understanding of the rule of law improved through Related milestones listed under ER4.3.1 N/A dissemination of the Ukrainian translation of Tom Bingham’s The Rule of Law. ER 4.3.11 Model syllabus and training materials for the legal Related milestones listed under ER4.3.3 N/A clinical education course developed. Objective 5: Access to Justice Expanded and Human Rights Protected

Sub-Objective 5.1: Justice Accessible to Citizens, including the Most Vulnerable ER 5.1.1 Physical, geographic, 2018-2019 CRC surveys in all Ukrainian 11 partner CSOs completed CRC surveys in 613 cultural, financial, courts conducted and assessed existing 09/2019 Achieved courts located in 23 oblasts and city of Kyiv. CRC informational, legal and barriers in access to courts.

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY procedural barriers to the Recommendations to remove or lower surveys assessed existing barriers in access to courts removed or lowered for barriers in access to courts developed 12/2019 Achieved courts. citizens access to court information. all citizens, including and communicated to GOU. vulnerable groups. Up to eight grant projects awarded Concepts collected and reviewed by New Justice under the APS contributing to removing team. Grant awards cancelled due to physical, geographic, cultural, financial, 09/2019 Cancelled reprogramming funds for supporting Public informational, legal and procedural Integrity Council (PIC) and developing Community barriers to courts. Justice Centers (CJCs) 2018-2019 CRC surveys in all Ukrainian 11 partner CSOs completed CRC surveys in 613 courts conducted and assessed citizens’ courts located in 23 oblasts and city of Kyiv. CRC 09/2019 Achieved access to court information. surveys assessed citizens access to court ER 5.1.2 Citizens’ access to information. court information increased. Recommendations to increase citizens’ CRC implementers developed recommendations

access to court information developed 11/2019 Achieved on increasing access to court information and

and communicated to GOU. communicated them to courts.

Up to three grant projects awarded One project in 10 courts of City of Kyiv Achieved under the APS contributing to increasing 12/2019 implemented by the Center for Democracy and partially access to court information. Rule of Law (CEDEM) Expert recommendations to improve e- Court performance evaluation expert developed court services accessibility developed set of recommendations to improve e-courts. New ER 5.1.3 E-justice systems and communicated to HCJ, SJA and Justice submitted these recommendations to HCJ, accessible to citizens to ease courts. COJ and SJA, although needs to revise them taking case filing, tracking, document Achieved 06/2020 into consideration current SJA implementation of submission; payment and other partially e-justice systems, court consolidation process and court procedures and results of CRC surveys. Currently New Justice is transactions. working on incorporating recommendations developed as the result of CRC surveys.

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY User satisfaction surveys in 17 pilot Since 2019 all courts in Ukraine implement e- courts implementing e-justice justice in pilot testing mode. CRC surveys 09/2019 Achieved conducted. conducted in 613 courts included specific questions regarding e-justice elements. ER 5.1.4 Citizens access to court-annexed mediation/ADR Activities under this ER are conducted under ER TBD N/A N/A processes developed under 3.3 3.3.4. and 3.3.5. increased. Task 5.1.5.1. Under APS support NGOs in their activities aimed at increase

awareness of the rights of people with 02/2019 Achieved disabilities among judges and improving

access to justice for people with disabilities. 232 sign language court interpreters ER 5.1.5 Awareness of the increased their knowledge of legal and rights of Persons with judicial terminology related to court 12/2019 Achieved Disabilities, SGBV survivors, hearings and procedures. IDPs, veterans and other vulnerable groups is increased Standards and criteria for participation New Justice grantee in cooperation with All among judges, judicial of sign language interpreters in court Ukrainian Organization of Ukrainian Association personnel and advocates. hearings developed and presented to of People with Hearing Impairments developed judicial institution to amend the law and sent recommendations on amendments to Partially with purpose of clear legal regulation of 02/2020 regulations on a legal status of court sign language Achieved sign language interpreters participating interpreters to Verkhovna Rada Legal Policy

in court hearings. Committee. Also, Grantee requested the SJA to send clear instruction to territorial departments on a procedure of compensation for court sign language interpreter’s services.

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY Monitoring of access to courts and court services for PWD in 6 towns of Donetsk 09/2018 Achieved region conducted and report with results

presented to courts, judicial institutions and civil society organizations. New Justice grantee La Strada Ukraine jointly with the NSJ developed comprehensive curriculum for judges on considering DV cases in the context of Grant issued on awareness of the rights SGBV and conducted large Roundtable on this task of SGBV survivors, IDPS, veterans and 11/2020 Partially with wide range of legal professionals. In other vulnerable groups among judges, achieved November 2020, New Justice jointly with the NJC judicial personnel and advocates. conducted a webinar for judges on skills to effectively consider DV cases. Tasks on awareness regarding rights of other vulnerable groups will be completed in the next reporting period. Grant issued to support elimination of

LGBTI communities discrimination and 03/2018 Achieved CSO selected and grant issued. to ensure better protection of their

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

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY Grant issued to support NSJ in New Justice grantee La Strada Ukraine jointly with developing training course for judges on NSJ developed and piloted the training course for implementation of the COE Istanbul 10/2018 Achieved judges on adjudicating domestic violence cases Convention. that contain most of the provisions of the COE Istanbul Convention. Research on access to justice for SGBV victims affected by conflicts: international experience and 09/2017 Achieved New Justice conducted an event on July 18, 2017. recommendations for Ukraine New Justice expert had a presentation on access to conducted. justice for SGBV victims affected by conflicts: Event to discuss needs and problems of international experience and recommendations SGBV survivors, children and other for Ukraine 09/2017 Achieved vulnerable victims or witnesses afforded greater access to justice conducted. Roundtable on the importance of Maybe cancelled as the legislative initiatives on ratification the Istanbul Convention 03/2021 Pending ratification of the Convention are in an active conducted. stage now. Expert support to CJC on public New Justice Expert Olena Matviychuk conducted a awareness campaign on access to justice webinar for CJCs on effective information and social services for GBV and SGBV 09/2020 Achieved campaigns in the communities to counteract DV. survivors provided. New Justice conducted a webinar jointly with the Webinar for judges on considering of faculty of the NJC, US, for Ukrainian judges on the domestic violence cases conducted. 11/2020 Achieved best practices to decide the Domestic Violence cases. Recommendations to the SJA for the New Justice is currently identifying the respective arrangement of court premises to better Expert to develop such Recommendations. protect the privacy and safety of SGBV 03/2021 In progress survivors and witnesses provided.

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY Coordination between the judiciary and New Justice will start working on this activity in other legal actors to counteract SGBV the next reporting period. 03/2021 and provide greater protection for its In progress survivors and witnesses established. First in Ukraine up to seven Community Justice Center in Ukraine established and 06/2020 Achieved Six CJCs established and functioning. strengthened. ER 5.1.7 Citizens, including vulnerable groups, actively participate in access to justice GOU included Community Justice Center New Justice key GOU partner on CJC is MOJ reforms. approach in its strategy for reforming Coordination Center for Legal Aid Provision free legal aid system. 08/2021 In progress (CLAP). CLAP drafted the strategy but due to the changes in CLAP leadership, the draft is currently pending. Estimated completion date changed. ER 5.1.8 Sexual and gender- based violence (SGBV) survivors and witnesses Milestones listed under ER 5.1.6. N/A afforded greater protections. (Narrowed ER5.1.6) Partnership among judiciary and key ER 5.1.9 Innovative solutions 07/2021 In progress to improve access to justice human rights institutions strengthened. services promoted. Online educational course “Digital 06/2021 In progress Lawyers” developed. Awareness of court administrators on ER 5.1.10. Mechanism for recruitment mechanisms for sign 09/2021 In progress recruitment of sign language language interpreters increased. interpreters for court hearings improved. Court and security staff increase their skills on communication with people 09/2021 In progress with hearing impairments.

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY ER 5.1.11. Up to 8 Community Justice Centers established in Ukrainian communities by Milestones listed under ER5.1.7 N/A CSOs in cooperation with local courts, government and self- governance.” 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 09/2019 Achieved Training program piloted in Kharkiv and Dnipro. the rights of the most vulnerable in armed conflict context developed. Expert working group to develop the training program for judges on 03/2018 Achieved Expert working group to develop training humanitarian law and human rights program established. ER 5.2.1 Awareness of human protection in conflict context rights and humanitarian law, established. how to exercise those rights, Round table on IHL and ICL application and the role of the courts in in armed conflict related cases with 04/2019 Achieved Round table conducted. protecting human rights justices of the Supreme court conducted. increased among judges, judicial personnel and ToT on on application of the IHL and protection of the rights of the most advocates. 12/2019 Achieved The TOT conducted November 26-27, 2019. vulnerable in armed conflict context conducted. Training curricular developed. New Justice will Training of trainers program on juvenile 10/2020 In progress conduct TOT as soon as quarantine restrictions justice conducted. allow. Training programs on juvenile justice for New Justice will conduct regional trainings as 10/2020 In progress advocates conducted. soon as quarantine restrictions allow.

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY Training curricular for judges on

communicating with people with Training curricular developed and submitted to 09/2019 Achieved intellectual and phycological disorders NSJ.

developed.

Model law school curriculum on 10/2019 Achieved Curriculum developed. innovations in law developed.

National practice on execution of the 09/2018 Achieved ECHR judgements improved.

Informational materials to support the campaigns National “I HAVE A RIGHT!” public 09/2018 Achieved implementation produced and disseminated. New awareness campaign conducted. Justice will continue to support the campaign in the next reporting period.

MOJ's Open Office, Donetsk and Luhansk 03/2018 Donetsk and Lugansk regional departments are Achieved regional departments supported. supported. Open Office supported. ER 5.2.2 Increased number of human rights and humanitarian law cases Professional development training program for Directorate on human rights 02/2019 Achieved Training program completed. resolved. under the MOJ conducted. Annual I HAVE A RIGHT! Festival 06/2019 Achieved Festival conducted. conducted.

“Law and Awareness” Forum conducted. 05/2019 Achieved Forum conducted.

Concept on consolidated position of legal New Justice conducted 4 coordination meetings. norms application in cases related to the 09/2021 In progress Expert reports with recommendations presented armed conflict on the territory of to GOU. Ukraine developed.

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY Referral networks among judges, judicial personnel, advocates, social workers, 09/2018 Achieved New Justice assessed possibilities to create a health workers, and police and paralegal profession in Ukraine and concluded community leaders are in place. that it does not fit for Ukrainian legal professions. Recommendations for paralegal's role New Justice in cooperation with the IRF conducted development in Ukrainian communities 09/2018 Achieved trainings for community advisors. developed. Referral networks among judges, judicial Methodology developed, piloted and presented to personnel, advocates, social workers, 09/2018 Achieved MOJ. Key stakeholders signed MoU to continue ER 5.2.3 Referral networks health workers, and police and cooperation. among judges, judicial community leaders are in place. personnel, advocates, social Recommendations on juvenile justice Recommendations provided and presented to MOJ 03/2018 Achieved workers, health workers, development in Ukraine developed. and Interdisciplinary Council on JJ police, and community leaders strengthened. Grant issued to Ukrainian Legal Aid Foundation to Community advisors institute developed support the activity. Two training sessions 12/2020 Achieved in Ukraine. conducted. Community advisors’ initiatives supported. Independent non-governmental legal aid New Justice is waiting concept proposal from the 09/2020 Pending providers institute developed. MOJ. National standards on teaching child New Justice provided recommendations to the rights protection for all professionals 09/2021 In progress draft and coordinates its efforts with the MOJ and working with children including judges UNICEF. and lawyers developed. ER 5.2.4 Human rights Up to three CSOs selected and supported Achieved coalitions monitor and in monitoring and advocating for human 09/2018 CSOs selected and supported. successfully advocate the GOU, rights protection by the courts.

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY Judiciary, and Legal Aid Human rights coalition supported in New Justice experts supported CSOs advocating Centers for increased advocating for the draft law on 09/2018 Achieved for the draft law adoption. Draft law is under protection of human rights by amending Criminal Code in accordance review of GOU. the courts. with the IHL. Up to ten CSOs supported in monitoring Achieved and advocating for human rights 09/2018 CSOs selected and implemented grant programs.

protection by the courts. Human rights coalition supported in

advocating for the draft law on 01/2019 Achieved Draft law registered at the Parliament. amending Criminal Code in accordance

with the IHL. Up to two CSOs supported in monitoring CSOs supported in piloting and presenting piloting and advocating for human rights 01/2019 Achieved results of LHRI methodology protection by the courts. Manual for lawyers providing legal aid on communicating with people with Training curricular developed and handovered to 02/2020 Achieved mental and intellectual disorders MOJ, TOT conducted. developed. Success stories and recommendations

for better protection of the rights of Society and Law NGO provided success stories and ER 5.2.5 Judiciary coordinates 04/2019 Achieved elderly people through courts are recommendations. regularly with the Human Rights Ombudsman and other identified. key human rights institutions Partnership among judiciary and key 09/2021 In progress to improve the protection of human rights institutions strengthened. human rights and CSO (UHHRU) supported in conducting humanitarian law through the Precedent-UA 2017 in cooperation with 09/2018 Achieved CSO selected and implemented grant program. courts. Human Rights Ombudsman, judges and other human rights institutions.

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY Recommendations for promoting amicus Canceled curiae institute in Ukraine developed 09/2018

and presented to the judiciary. CSO supported in developing innovations for justice program to 09/2020 Achieved Social Boost NGO supported. facilitate dialogue between innovators and judiciary.

Justice Innovations Center established 09/2019 Canceled

10/2019 Canceled Justice Innovation Center opened. Common strategy, action plan and “success criteria” for advancing Innovations for justice are promoted among innovations to ensure human rights 09/2020 Pending judiciary, entrepreneurs, academia and business protection and access to justice though joint events. developed and approved. Chief Innovation Officers and Legal 02/2020 Canceled Innovation Officers trained. Ukrainian experience in advancing innovations in justice presented to 02/2020 Canceled global audience at Justice Forum in Hague Netherlands. Legal Innovation Summer School for 07/2020 Canceled teachers of law conducted. Educational course "Hacking for Access 03/2020 Canceled to Justice" conducted. Online course on legal innovations on New Justice involved experts to prepare the 09/2021 In progress DiYa platform developed. scenario. Shootings are in progress.

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Completion Expected Result Milestone Statement Date Status Notes and Explanations MM/YYYY ER 5.2.6 Capacity of judges and lawyers providing free legal aid to ensure respect of the human Milestones listed under ER 5.2.1. N/A rights of vulnerable and armed conflict-affected populations improved. ER 5.2.7 Awareness of victims of violence and citizens having civil and administrative justice Milestones listed under ER 5.2.1. N/A problems on how to access free legal aid improved. The Association of Community Advisors Network local activities on 06/2021 In progress peacebuilding and conflict resolution ER 5.2.8 Independent legal aid within communities conducted. provider model and Trainings for community advisors on 06/2021 In progress community advisor’s role ADR and mediation conducted. introduced nationwide. National forum for community advisors 06/2021 In progress conducted. Independent non-governmental legal aid 06/2021 In progress providers institute developed.

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G. Success Stories

Modern Rules of Conduct for Court Staff Help Increase Accountability of the Judiciary Setting a higher standard for court staff conduct Ukraine’s Rules of Conduct for Court Staff (the Rules) were approved by the Council of Judges (COJ) more than 11 years ago, but much has happened in the justice sector since then that requires the Rules be revisited. For example, amendments to current legislation address court operations and status of court staffers that should be reflected in the Rules. Since 2018, the COJ with USAID support had been revising the Rules to assure that they would serve as a modern and sustainable framework for regulating court staff’s professional conduct.

The COJ shared the draft amendments, developed with support from USAID’s New Justice Program, with all courts, judicial institutions, and professional organizations representing court staff, and received more than 50 sets of PHOTO: Council of Judges of Ukraine comments and suggestions. Proposals from the COJ, court staff, international donors, the NGO Institute of Judicial Head of the Council of Judges Judicial Ethics Committee, Management and the Association of Judicial Clerks of Ukraine Supreme Court Justice Yehor Krasnov during the regional were reviewed and the COJ’s Rules working group discussion on updating the Rules of Conduct for Court Staff in Mariupol in May 2019. incorporated much of the feedback in the final version, approved by the COJ on December 24, 2020.

“Impression of the work of the court is created The modern Rules of Conduct for Court Staff are based on primarily by the court staff, as it is with them that grounds of integrity, adherence to personal and professional citizens most often encounter when they turn to ethics and aimed at strengthening independence, court. Therefore, the behavior of both judges and accountability and efficiency of the judiciary and raising public trust in courts. court staff should be exemplary.” — Yehor Krasnov, Head of the Council of Judges Judicial The amended document clearly sets forth who shall be Ethics Committee, Supreme Court Justice bound by the Rules of Conduct for Court Staff, extends the rules on out of court conduct as well, regulates the conduct in Internet and social media, and sets a higher standard for court staff members' conduct, particularly, demands from them to demonstrate respect to the values and interests of justice and avoid appearance of impropriety.

The COJ will soon disseminate the updated Rules among courts and judicial institutions to ensure court staff members are aware of the new standards governing their conduct, reflecting USAID’s continuing support to increase the accountability of the judiciary, improve the quality of courts’ services, and better protect human rights in Ukraine. SNAPSHOT

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SNAPSHOT USAID Supports Modernization of Legal Education in Ukraine New practice-oriented bachelor’s degree law program In July 2020, the Ukrainian Catholic University School of prepares students for successful legal careers in an Law (UCU Law) launched a unique bachelor’s degree law increasingly competitive and globalized environment. program. This four-year program is based on a USAID- developed Innovative Law School Curriculum that provides students with the knowledge, skills, and abilities necessary to be successful legal professionals.

The new curriculum, developed by USAID’S New Justice Program upon the Ministry of Justice’s request, is more compatible with those taught at law schools in Europe and the U.S., an approach that will enhance opportunities for UCU law students’ participation in exchange programs at universities outside Ukraine. The student-centered and experiential education they will receive will help them succeed in an increasingly competitive legal job market.

The initial class of 50 students from nine regions of Ukraine with an average score of 192 out of 200 in PHOTO: Ukrainian Catholic University School of Law external independent admissions testing was selected from among more than 280 applicants. The cohort of talented First-year students of the UCU School of Law bachelor’s degree law program attend the “Constitutional Law: System of law students started their study in September 2020 and is Government” course in December 2020. experiencing the law school ethical environment free of corruption and the new program benefits first-hand. This includes the study of fundamental (mandatory) legal “We would have never undertaken this project had disciplines and elective courses shaping one’s individual not we felt that we have capacities together with our learning trajectory. Importantly, UCU first year law partners to develop both program and ecosystem for students are studying making effective legal arguments, legal education in which not only content or knowledge legal research and writing, and developing practice- but also experience would be imparted to students. oriented legal skills.

The experience of actions, interaction, and USAID New Justice is now working with four other law partnership; the experience of values; the experience schools across Ukraine to implement different aspects of of forming one’s own moral backbone; and, finally, the the model curriculum and strengthen legal education experience of freedom and justice.” quality. Once the graduates of these programs enter the workforce, they will ultimately contribute to raising the — Professor Volodymyr Turchynovskyy, Dean of the UCU professionalism of judges, lawyers, and prosecutors Social Sciences Faculty

throughout Ukraine.

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