{"id":6630,"date":"2025-12-03T16:21:36","date_gmt":"2025-12-03T16:21:36","guid":{"rendered":"https:\/\/ehrac.org.uk\/?post_type=case-studies&p=6630"},"modified":"2026-04-11T13:07:39","modified_gmt":"2026-04-11T12:07:39","slug":"supporting-judicial-reform-ukraine-volkov","status":"publish","type":"case-studies","link":"http:\/\/ehrac.org.uk\/en_gb\/key-ehrac-cases\/supporting-judicial-reform-ukraine-volkov\/","title":{"rendered":"Supporting judicial reform"},"content":{"rendered":"\n\t\t
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The independence of the judiciary is essential to democracy, and our right to a fair trial.<\/p>\n

In 2003, Oleksandr Volkov was elected to the Supreme Court of Ukraine. In 2010, he was dismissed from his post. Volkov complained that the panel that ruled on his case was not impartial, that he was a victim of political corruption, and that there were irregularities in the parliamentary vote which confirmed his dismissal.<\/p>\n

The case<\/strong><\/h3>\n

In 2011, we took Volkov\u2019s case to the European Court of Human Rights (ECtHR).<\/p>\n

In 2013, the ECtHR found violations of Volkov\u2019s right to a fair trial and respect for private life. In an unprecedented move, it ordered Ukraine to reinstate Volkov as a Supreme Court judge. The\u00a0ECtHR also ordered Ukraine to undertake legislative reform to address systemic issues in relation to judicial independence.<\/p>\n

What this litigation achieved<\/strong><\/h3>\n

Volkov was reinstated as a Supreme Court judge on 2 February 2015.<\/p>\n

Just 16 days after the publication of the judgment in Volkov v. Ukraine, the Council of Europe launched its project, \u2018Strengthening the System of Judicial Accountability in Ukraine\u2019.<\/p>\n

Ukraine also changed the composition of the panel which considers allegations against judges, to reduce the risk of political influence. It introduced measures to tackle corruption in the judiciary.<\/p>\n

\n\u2018I am honoured to have the opportunity to support (this legislative reform, to) convert Ukraine into a truly democratic, lawfully governed\u2026 state.\u2019<\/em><\/p>\n

Judge Oleksandr Volkov\n<\/p><\/blockquote>\n

The Volkov judgment also provided a roadmap for those working on similar reforms\u00a0in Armenia, Georgia and Moldova.<\/p>\n

In our arguments before the ECtHR, we had noted problems with the drafting of the charge that Volkov had faced, \u2018breach of oath\u2019. We felt it was vague and therefore open to abuse. To address this shortcoming, the new constitutional provisions in Ukraine explicitly outlined the circumstances where a judge can be lawfully dismissed. The new \u2018Law on the Judicial System and Status of Judges\u2019, adopted in 2016, set out the penalties to be applied in these cases.<\/p>\n\t<\/div>\r\n<\/div>\r\n\r\n\r\n\r\n

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