ANNUAL REPORTOF UKRAINIAN PARLIAMENT COMMISSIONER FOR HUMAN RIGHTS
CHAPTER 6
132
Following consideration of the request and on the initiative of the Ministry of Justice, on 14 August
2019 the Cabinet of Ministers of Ukraine adopted Resolution 711 “On Amendments to item 6-1 of the
Instruction on Procedure and Amounts of Compensation/Reimbursement and Remuneration to Persons
Called to Bodies of Pre-Trial Investigation, Prosecutor’s Office, Court or Bodies in Charge of Administrative
Offences, and Payment to the State Specialized Institutions for Forensic Examination and Performance of
the Functions of Experts and Specialists by their Staff” to regulate payment for interpretation/translation
services. However, the issues of maintaining and filling the register of interpreters/translators, and
the mechanism of their involvement in criminal proceedings, remain to be settled. The Commissioner
reminded the Minister of Justice of Ukraine of the need to take appropriate measures to address the
latter issue.
At the end of 2019, the Ministry of Justice announced the establishment of a working group to develop
a proposal for a legislative settlement of certain issues regarding the definition of requirements for
interpreters/translators and the mechanism for their involvement in pre-trial investigation and trial. The
working group will include representatives of the Ministry of Justice, the Ministry of Internal Affairs,
the State Migration Service, the National Police of Ukraine, the Ministry of Education and Science, the
Prosecutor-General’s Office, the Security Service of Ukraine, the SJA of Ukraine, the Legal Aid Coordination
Centre, the Ukrainian Association of Educators and Translators, and the NGO Association of Translators
of Ukraine.
This issue will remain on the Commissioner’s watch list until the relevant legal act is adopted.
RECOMMENDATIONS
To the High Council of Justice, the High Qualifications Commission of Judges of Ukraine – take
measures to accelerate the filling of vacant positions of judges in the courts.
To the Ministry of Justice of Ukraine – develop a draft law to resolve certain issues concerning
involvement of interpreters and translators in criminal proceedings, and submit this in the prescribed
manner for consideration by the Verkhovna Rada of Ukraine.
6.3. Right to timely enforcement of a court decision
Every person has the right to a fair trial. The ECtHR considers the execution of a court decision as a
component of this right. Without the execution of a court decision, judicial protection of a person’s rights
cannot be considered effective. Failure to comply with a court decision jeopardizes the very essence of
the right to a fair trial.
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