Effective Constitution allows setting up hybrid court in Ukraine – expert

The hybrid tribunals for investigation into international and corruption crimes can be set up in Ukraine without amending the Constitution.

Such an opinion was expressed by Roman Kuybida, the expert of the Reanimation Package of Reforms initiative.

“We may give up rapid implementation of this mechanism, if we create it through the constitutional amendments as we know perfectly well how slowly these constitutional changes are moving,” the Human Rights Information Centre correspondent quotes the expert as saying.

According to him, the international judges and investigators can be included in such trials through the jury institution.

“The Constitution does not stipulate requirements for the jury. The jury can be representatives of the people of Ukraine, but a different model of the jury can be chosen as well,” Roman Kuybida explains.

According to him, Ukraine has good institution of the jury in criminal cases. The jury has the same rights as the professional judge.

Roman Kuybida sees no major obstacles in attracting investigators and prosecutors. They can be delegated functions by providing positions as for the foreign experts.

“They can perform certain functions in investigative or prosecutorial groups,” he adds.

The Verkhovna Rada, the expert notes, should decide on the level of jurisdiction of the tribunal as there are the constitutional restrictions.

“These restrictions can be lifted, if the Parliament supports the draft constitutional amendments related to judiciary as they provide for the opportunity for setting up the highest judges as separate courts, not higher than some courts. After all, if we now want to set up a separate anti-corruption court or a court for consideration of the serious international crimes, respectively, we would have to build an entire vertical. The Constitution, unfortunately, provides for such a condition that there should be local courts, courts of appeal, higher courts and then the Supreme court. I think this would make the usage of a foreign element impossible,” Roman Kuybida says.

He sees a way out in the establishment of two chambers (for corruption and military crimes) within the framework of the existing High Specialized Court of Ukraine for Civil and Criminal Cases. The international judges could consider the relevant cases in these chambers.

“It would be the first instance. The second instance would be the chamber of appeal in the Supreme Court of Ukraine, which would also involve the international judges,” he says.

Roman Kuybida considers it necessary to create such a mechanism within the national jurisdiction with the involvement of the international element as any verdicts passed by the Ukrainian courts will not enjoy trust of the citizens of Ukraine