Dear lawyers! We would like to inform you that on Friday, October 28, 2022 , from 11:00 a.m. to 1:00 p.m., a webinar will be held on the topic: "Review of the practice of the European Court of Human Rights 2019-2021 in cases against Ukraine and other states"
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Registration for the webinar will take place through the Accreditation Center of the Higher School of Advocacy https://cpd.hsa.org.ua/
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The speaker will be Iryna Kushnir , candidate of legal sciences, expert of the project "Supporting the implementation of judicial reform in Ukraine" from the Council of Europe, co-founder of the NGO "Ukrainian Institute for Human Rights", developer of test questions for candidates for the position of judge in the field of practice of the European Court of Human Rights, etc. .
Based on the results of the webinar, participants will receive 2 points.
Among the main issues that will be addressed during the webinar will be the following.
Decisions of the European Court of Human Rights (hereinafter referred to as the ECtHR) have long been a common attribute in the consideration of cases by the national courts of Ukraine. Referring to them when filing a complaint or petition has become a "rule of good manners" for lawyers and prosecutors. Among practitioners, there is even a belief that the fact that a decision of the ECtHR is mentioned in a document can strengthen the position of this party in the case. In fact, this is not the case, and reference to the decision of the ECtHR does not guarantee success. Currently, there is a tendency to cite decisions of the ECtHR to "decorate" a legal document in the absence of practical meaning.
In order to successfully apply the practice of the ECtHR in the practice of lawyers, it is necessary to have knowledge of the scope of the European Convention on Human Rights and methods of assessing the legitimacy of interference with the rights and freedoms guaranteed by it. The practice of the ECtHR is constantly developing and its "library" is constantly replenished with various decisions both regarding repeated violations and new ones, which are substantiated by the ECtHR for the first time. Currently, the practice of the ECtHR regarding complaints related to armed conflict and the withdrawal of the state from its obligations in connection with the war, the correlation of international humanitarian law and the practice of the ECtHR, etc., deserve special attention.
Considering the war started by the Russian Federation, it is difficult to overestimate the role of lawyers in protecting the rights and freedoms of victims of war crimes and other violations of fundamental rights. In this case, the implementation of adequate protection is not only an individual matter of the lawyer, but is also part of the general goal of Ukrainian society to establish justice and fairness. Therefore, it is extremely important for legal experts and lawyers to constantly update and supplement their knowledge of the practice of the ECHR.
It is also a fact that 90% of the complaints received by the ECtHR against Ukraine are declared inadmissible due to non-compliance with the rules of filing the complaint or the formal rules of admissibility. This is another evidence that Ukrainian lawyers need to improve their level of knowledge in the field of ECtHR practice.
In view of the above, the lecture "Review of the practice of the European Court of Human Rights 2019-2021 in cases against Ukraine and other states" is dedicated to the presentation and discussion of typical and atypical violations of the rights and freedoms guaranteed by the ECHR in cases against Ukraine and other states, the correlation of the practice of the ECHR and IHL, ECtHR practices on armed conflicts.
We draw your attention to possible technical problems during the webinar broadcast in the event of a power outage.