UNOFFICIAL TRANSLATION D r. iur. Villu KÕ VE Chief Justice of the Supreme Court of Estonia Dear Chief Justice , I would like to express my respect to you and have the honor to invite you to participate in the VIII International Scientific and Practical Conference «Administrative Justice in Ukraine: Problems of Theory and Practice. 20 th Anniversary of the Adoption of the Code of Administrative Procedure of Ukraine: Experience and Prospects of Administrative Justice in Ensuring the Protection of the Rights and Freedoms of Individuals in a Democratic Society» that will be held on 3–4 July 2025 in Kyiv (Ukraine). This event is organized to discuss issues and share experience on theoretical and practical aspects of using the Code of Administrative Procedure of Ukraine in light of its two-decade operation , in particular , regarding identification of procedural challenges of administrative proceedings and finding ways to overcome them, law enforcement and implementation of procedural mechanisms to ensure coherent and consisten t case law , alignment of administrative proceedings of Ukraine with international standards and development of recommendations according to the international experience and practice of democratic states. Judges, sc holars , legal practitioners , government officials , as well as representatives of foreign countries and international organizations are invited to participate in th is conference. The event will be held in a mixed format (offline/online). Working languages: Ukrainian, English, German. We invite you or a C ourt representative to give a speech (up to 15 minutes) on 3 July 2025 in Session 3 « Procedural Aspects of Administrative Proceedings: Empirical Developments and Jurisdictional Perspectives » (scheduled session time: 1 4 :45–1 6 : 00 ). T he following issues are p lanned to be discuss ed : predictability of the proce ss for initiating proceedings in an administrative case; timeframe for considering certain types of administrative cases; powers of a dministrative court to request evidence in cases involving public authorities ; the use of artificial intelligence to evaluate evidence in administrative proceedings; the compliance of the rules of evidence applied in national administrative proceedings with international standards; problems of determining the appropriate respondent in disputes with administrative authority; prospects for the use of e - justice in administrative cases consideration ; the ratio of procedural guarantees of national administrative proceedings and the EC t HR; improvement of procedural mechanisms in consideration of administrative cases by national courts in accordance with the case law of the C JEU . You may also focus on other issues , which , in your opinion, are important for administrative justice. We kindly request that you confirm your participation including format, and the topic of the speech by 1 May 2025 to: H
[email protected]. Looking forward to your participation in this event . Encl.: Draft Agenda of the Conference on 9 pages. Yours s incerely , President of the Supreme Court Stanislav KRAVCHENKO
As of 0 9 .0 4.2025 SUPREME COURT ADMINISTRATIVE CASSATION COURT A G E N D А VIII International Scientific and Practical Conference "Administrative Justice in Ukraine: Theoretical and Practical Issues. The 20th Anniversary of the Adoption of the Code of Administrative Procedure of Ukraine: Experience and Prospects of Administrative Justice in Ensuring the Protection of Rights and Freedoms in a Democratic Society" 3–4 July 2025 Venue : Administrative Cassation Court within the Supreme Court Kyiv , 8 Kniaziv Ostrozkykh str, 5 th building Concept 6 July 2025 marks the 20th anniversary of the adoption by the Verkhovna Rada of Ukraine of the Code of Administrative Procedure of Ukraine. This landmark legislative act established the jurisdiction of administrative courts, outlined procedures for applying to these courts, and regulated the conduct of administrative proceedings. It also became one of the first legal instruments to embody the constitutional principle of the rule of law. Article 125 of the Constitution of Ukraine provides that administrative courts shall act to protect the rights, freedoms and interests of individuals in the field of public law relations. Administrative justice is a fundamental requirement of a democratic society, where public administration is carried out in accordance with the rule of law, based on justice, legality, legal certainty, and equality before the law. The introduction of judicial control over decisions, actions, or omissions of public authorities, their officials, and employees—through a number of important procedural mechanisms—has made it possible to ensure effective judicial protection of individuals' rights, freedoms, and interests against violations by public authorities. The impact of administrative courts' judicial activity is significant: from 1 September 2005 till 1 January 2025, they considered more than 20 million cases and materials. The introduction of administrative procedures into the national legal system has not been an easy process. Over the past twenty years, a tremendous amount of both procedural and non-procedural work has been carried out: initiating legislative proposals to address regulatory conflicts and legal gaps, testing new procedural institutions and mechanisms, and providing legal justification for the delimitation of court case jurisdiction, among other efforts. Overall, since the introduction of administrative justice in Ukraine, more than 140 amendments and additions have been made to the Code of Administrative Procedure of Ukraine. Additionally, nearly a dozen decisions have been issued by the constitutional jurisdiction body in response to submissions regarding the compliance (constitutionality) of the Code with the Constitution of Ukraine, with some of its provisions having been declared unconstitutional. In order to effectively perform its functions, administrative justice must evolve in line with the needs of a democratic society and the outcomes of its digital transformation. This includes introducing technological innovations in the justice sector, systematically analysing the effectiveness of procedural mechanisms and institutions, and initiating, when necessary, amendments to procedural legislation to ensure the fulfilment of the tasks assigned by the legislator, particularly in the context of martial law. It must also ensure the unity and consistency of case law, contribute to European integration, and address the systemic issue of non-enforcement or prolonged enforcement of administrative court decisions where the debtors are state bodies, state-owned enterprises, institutions, and organisations. These and other theoretical and practical issues of administrative proceedings will be the focus of discussion at the Conference. Discussion and Exchange of Experience on the Following Issues: theoretical and practical aspects of the application of the Code of Administrative Procedure of Ukraine (CAP of Ukraine) through the prism of 20 years of functioning of administrative proceedings in Ukraine ; identification of procedural challenges in administrative proceedings, particularly in the context of the martial law regime, and finding ways to overcome them ; l aw enforcement and implementation of procedural mechanisms to ensure the sustainability and unity of case law; adaptation of the administrative proceedings of Ukraine to international standards and development of recommendations based on international experience and practice of democratic states to improve administrative justice in Ukraine. DAY 1 3 July 2025 9:00–9 : 30 Participant registration, welcome coffee Opening of the Conference Moderatgor : Mykhailo Smokovych , President of the Administrative Cassation Court within the Supreme Court , LL.D. 9 : 30 – 10:20 Stanislav Kravchenko , President of the Supreme Court , PhD in Law Mykhailo Smokovych , President of the Administrative Cassation Court within the Supreme Court , LL.D. representative of partners representative of partners representative of partners Session 1 20th Anniversary of the Adoption of the Code of Administrative Procedure of Ukraine: Innovations, Specifics, Achievements, Challenges and Prospects Topics for discussion : the impact of administrative justice on the state's fulfilment of its constitutional obligation to ensure human rights and freedoms as the highest social value; improvement of the CAP of Ukraine through the prism of what is possible and what is real in the field of protectin g human rights and freedoms; whether the CAP of Ukraine meets the current needs of administrative proceedings, and if not, what legislative changes it requires; whether there is a need to amend the CAP of Ukraine to incorporate the case law of the EU Court of Justice and the ECHR; current trends in the development of administrative justice in EU member states . 10:20–11:20 Moderators : Andrii Rybachuk , judge of the Supreme Court in the Administrative Cassation Court , Secretary of the Judicial Chamber on cases on Protection of Social Rights , PhD in Law Volodymyr Kravchuk , judge of the Supreme Court in the Administrative Cassation Court , LL.D. Speakers: Time limit – up to 15 minutes Lars Brocker , President of the Constitutional Court and President of the Higher Administrative Court of Rhineland-Palatinate Jacek Chlebny , President of the Supreme Administrative Court of Poland Name SURNAME Name SURNAME 11: 20 – 11 .40 Discussion 1 1.40 – 12.00 Coffee break Session 2 Legal Principles in Administrative Proceedings: Architecture of Effective Application Topics for discussion : applicability of substantive and procedural principles in administrative proceedings; the principle of the rule of law as a fundamental procedural tool in administrative proceedings; enshrining the principle of formality in administrative proceedings as a manifestation of care for the individual; appealing to an administrative court based on constitutional provisions of direct effect as a guarantee for the protection of human rights and freedoms, rather than their restriction; whether the principles of competitiveness and equality of litigants before the law and the court are sufficiently regulated to prevent procedural discrimination; whether there is a need to improve the rules of territorial and subject - matter jurisdiction of administrative cases; taking into account the principle of a fair trial in accordance with Article 6 of the ECHR by the administrative courts of Ukraine ; reservations in the interpretation of the procedural principles of administrative proceedings . 12:00–13:00 Moderators : Andrii Rybachuk , judge of the Supreme Court in the Administrative Cassation Court , Secretary of the Judicial Chamber on C ases on Protection of Social Rights, PhD in Law Volodymyr Kravchuk , judge of the Supreme Court in the Administrative Cassation Court , LL.D. Time limit – up to 15 minutes Speakers : Skirgailė Žalimienė , President of the Supreme Administrative Court of Lithuania Andreas Korbmacher , President of the Federal Administrative Court of Germany Name SURNAME Name SURNAME 1 3 : 0 0 –1 3 : 15 Discussion 1 3 : 15 – 1 4 : 00 Lunch 14.00 – 14.45 The beginning of the judicial activity of administrative courts in Ukraine: first-hand accounts of what is important. Memories of the start of administrative justice in Ukraine Mykhailo Smokovych , President of the Administrative Cassation Court within the Supreme Court , LL.D. Speakers Stefan Hülshörster , Director of the German Foundation for International Legal Cooperation Session 3 Procedural Aspects of Administrative Proceedings: Empirical Developments and Jurisdictional Perspectives Topics for discussion : whether the procedure for initiating proceedings in an administrative case is sufficiently regulated, transparent and predictable for a person; whether it is expedient to apply procedural mechanisms and procedures to reduce the timeframe for considering certain categories of administrative cases, and if so, which mechanisms and procedures should be used; whether the administrative court has sufficient powers to request evidence in cases involving public authorities; whether it is possible to use artificial intelligence to evaluate evidence in administrative proceedings; whether the rules of evidence in administrative proceedings in Ukraine comply with international standards; what problems arise when determining the proper defendant in disputes with public authorities; prospects for the use of electronic procedures in administrative cases; national administrative proceedings and ECHR case law: correlation of procedural guarantees; whether there is a need to improve procedural mechanisms in administrative proceedings in line with the case law of the EU Court of Justice 14.45 - 16:00 Moderator : Zhanna Melnyk-Tomenko , judge of the Supreme Court in the Administrative Cassation Court , Secretary of the Judicial Chamber on Cases on Election Process and Referendum, as well as the Protection of Political Rights of Citizens , PhD in Law Andrii Zhuk , judge of the Supreme Court in the Administrative Cassation Court , LL.D. Speakers: Time limit – up to 15 minutes Villu Kõve , Chief Justice of the Supreme Court of Estonia Kari Kuusiniemi , President of the Supreme Administrative Court of Finland Name SURNAME Name SURNAME 1 6.00 – 1 6 : 15 Discussion 1 6 : 15 – 1 6 : 45 Evening coffee DAY 2 4 July 2025 9: 30 –10: 00 Welcome coffee 10:00 – 10:45 Moderator : Name SURNAME Myroslava Bilak , judge of the Supreme Court in the Administrative Cassation Court , LL.D. Special lecture : Marko Bošnjak , President of the European Court of Human Rights Session 4 Administrative Proceedings under the Martial Law Regime: Realities of the Forced Experience and Lessons Learned Topics for discussion : what changes in the jurisdiction of administrative cases are relevant due to the introduction of martial law; how administrative courts ensure transparency in national security-related cases; whether the lawfulness of restrictions imposed by the authorities on the rights of citizens and businesses under martial law is observed; whether it is possible to suspend the enforcement of administrative court decisions due to martial law; the practice of applying judicial control over the execution of administrative court decisions under martial law; whether the administrative courts take into account the ECHR case law in cases concerning the restriction of human rights due to the introduction of martial law in Ukraine; whether the procedural mechanisms of administrative court proceedings are sufficiently adapted to operate under martial law; challenges of harmonizing administrative justice in Ukraine with international standards in the European integration process. 10:45 - 11:45 Moderators : Raisa Khanova , judge of the Supreme Court in the Administrative Cassation Court , Secretary of the Judicial Chamber on Cases on Taxes, Fees and Other Obligatory Payments , PhD in Law Nataliia Blazhivska , judge of the Supreme Court in the Administrative Cassation Court , LL.D. Speakers: Time limit – up to 15 minutes Aigars Strupišs , President of the Supreme Court of Latvia Name SURNAME Name SURNAME Name SURNAME 1 1 : 4 5 –12: 00 Discussion 12: 00 –12: 2 0 Coffee break Session 5 Mechanisms for Ensuring the Unity of Case Law in Administrative Proceedings Topics for discussion : legal nature of the opinions set forth in the resolutions of the Supreme Court on the application of legal norms, through the prism of assessing their procedural potential in ensuring the unity of case law in administrative proceedings; tools of the Supreme Court's legal influence on ensuring the unity of case law in administrative courts and its proportionality in ensuring this unity; change of the Supreme Court's legal position in the context of stable legislative regulation: the limits of what is permissible; how to ensure the unity of case law in administrative cases that are not subject to review by the Supreme Court; prejudicial inquiry to the Supreme Court as a tool for providing administrative courts of first instance and appellate courts with methodological information on law enforcement issues: through the prism of what is necessary and what is permissible; prospects of using artificial intelligence to ensure the unity of case law; the experience of the ECHR in ensuring the unity of case law in resolving typical disputes: on the question of the expediency of accepting the national system of law . 12:20–13:20 Moderators : Raisa Khanova , judge of the Supreme Court in the Administrative Cassation Court , Secretary of the Judicial Chamber on Cases on Taxes, Fees and Other Obligatory Payments, PhD in Law Nataliia Blazhivska , judge of the Supreme Court in the Administrative Cassation Court , LL.D. Speakers: Time limit – up to 15 minutes Karel Šimka , President of the Supreme Administrative Court of the Czech Republic Mykola Gnatovskyy , judge of the European Court of Human Rights Name SURNAME Name SURNAME Name SURNAME 13:20 – 13 : 4 0 Discussion 13 : 40 –14: 00 Closing remarks. Conference conclusion 14:00–14:30 Coffee
Saatja: Губар Ліна Олексіївна <
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Saaja: Villu Kõve,
[email protected], Info
Teema: Dr. iur. Villu KÕVE_invitation_3-4 July
Dear President KÕVE,
I am sending to you the letter from President of the Supreme Court of Ukraine Stanislav Kravchenko with invitation to participate in the VIII International Scientific and Practical Conference «Administrative Justice in Ukraine: Problems of Theory and Practice. 20th Anniversary of the Adoption of the Code of Administrative Procedure of Ukraine: Experience and Prospects of Administrative Justice in Ensuring the Protection of the Rights and Freedoms of Individuals in a Democratic Society».
It will be held on July 3–4, 2025 in Kyiv (Ukraine) in a hybrid format.
Looking forward to your feedback.
Respectfully,
Lina Hubar
Head
division of international сooperation
Supreme Court
UKRAINE
Tel.: (044) 594-54-22
[email protected]
supreme.court.gov.ua
facebook.com/supremecourt.ua
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