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Election of judges to the European Court of Human Rights

List and curricula vitae of candidates submitted by the Government of Ukraine

Communication | Doc. 15485 | 21 March 2022

Author(s):
Secretary General of the Parliamentary Assembly

1 Letter from Mr Borys Tarasyuk, Ambassador Extraordinary and Plenipotentiary, Permanent Representative of Ukraine to the Council of Europe, to Ms Despina Chatzivassiliou-Tsovilis, Secretary General of the Parliamentary Assembly, dated 15 February 2022

Following the consideration by the Advisory Panel of Experts on Candidates for Election as Judge to the European Court of Human Rights of the list of three Ukrainian candidates selected by the national Selection Commission, and further final decision of the national Selection Commission, I have the honour to submit herewith, upon the instructions of my government, for the consideration by the Parliamentary Assembly of the Council of Europe, the list of the above-mentioned candidates to the position of judge to the European Court of Human Rights in respect of Ukraine (in alphabetic order):

  • Ms Tetyana ANTSUPOVA
  • Mr Mykola GNATOVSKYY
  • Mr Oleksandr VODIANNIKOV

as well as their curricula vitae and the information on national selection procedure.

2 Procedure of selection of the candidates for the European Court of Human Rights in respect of Ukraine

The national selection procedure to nominate the candidates for the European Court of Human Rights was organised in Ukraine in accordance with the respective recommendations of the Council of Europe and, in particular, taking into account PACE Resolution 1646 (2009) “Nomination of candidates and election of judges to the European Court of Human Rights”.

The national selection procedure was structured as follows.

1. To ensure fairness, transparency and consistency of the selection process, on 19 February 2021 the Presidential Decree No. 63 was issued establishing an open procedure to form the list of the candidates for the European Court of Human Rights. Taking into account the invitation of the Parliamentary Assembly to the Government of Ukraine to submit a new list of candidates after the rejection of the previous one in October 2021, the new Presidential Decree No. 550 was issued on 26 October 2021, amending some provisions of the Presidential Decree No. 63.

The Presidential Decree No. 63 (amended) also:

  • approved the Regulations of the competition;
  • established an independent Commission to conduct the competition.

The Commission was composed of leading scientists in the field of international law who are highly qualified and have considerable experience in the realm of protections of human rights and fundamental freedoms.

Ms Оlha Shpakovych, Professor of the Department of Comparative and European Law at the Institute of International Relations of the Taras Shevchenko National University of Kyiv, Doctor of Judicial Science, was appointed as Head of the Commission.

Four members of the Commission work in leading research and educational state institutions and have a vast experience in the field of protection of human rights and fundamental freedoms.

Mr Dmytro Yagunov, Doctor of Political Science, while having a broad academic experience also practices law and human rights advocacy for more than 10 years. He is a national and an international expert of the Council of Europe in the field of prison probation (“Support for Prison Reform in Ukraine” project). In 2021, the Parliamentary Assembly elected Dmytro Yagunov to the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT).

Mr Yaroslav Romaniuk, judge of the Supreme Court of Ukraine (retired), has a broad experience in the system of justice. During previous years, he held positions of the Head of the Council of Judges of Ukraine, President of the Supreme Court of Ukraine and member of the High Council of Justice.

2. Information about the national selection process was widely disseminated:

On 2 November 2021, at its first meeting, the Commission announced the beginning of the competition for the selection of candidates.

On 2 November 2021, in accordance with paragraph 6 of the mentioned Regulations of the competition, the announcement was published on the Official website of the President of Ukraine and in the official state media resources: Official newspaper of the Verkhovna Rada of Ukraine «Voice of Ukraine» and «Governmental Courier»;

3. According to the Regulations, candidates had an opportunity to submit their applications within 30 days from 8 November to 7 December 2021.

16 persons submitted documents for the participation in the selection process and 15 applications were admitted by the Commission, as one of the candidates submitted the documents after the deadline.

4. According to paragraphs 8 and 9 of the Regulations, on 13 December 2021, the list of persons admitted to participate in the competition, as well as information about the date and place of their language tests was published at the Official website of the President of Ukraine. On 22 December 2021, the information about the dates of the interviews was issued by the Commission on the presidential website.

In addition, autobiographies and motivation letters of the contestants were made public.

The language tests were held on 28-29 December 2021.

On 29 December 2021, the Commission terminated the participation of Ms Oksana Preobrazhenska and Mr Dmytro Poukh in the competition for the election as judge of the European Court of Human Rights from Ukraine at their own volition.

5. On 17-18 January 2022, the Commission interviewed 13 candidates according to the previously agreed interview schedule in presence of all members of the Commission.

The interview with each contestant lasted up to 40 minutes and was conducted in the following order:

1) introductory part;

2) self-presentation – up to 10 minutes;

3) questions to the contestant on his/her:

  • professional competence, knowledge and understanding of the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms, its protocols and the practice of the European Court of Human Rights;
  • political neutrality, moral and ethical qualities;

4) completion of the interview.

Each contestant was evaluated on a 5-point scale. Scores were assigned by each member of the Commission separately as evaluation of:

  • self-presentation, motives for being appointed as a judge of the European Court of Human Rights of Ukraine;
  • professional competence, knowledge and understanding of the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms, its Protocols and the practice of the European Court of Human Rights;
  • political neutrality, moral and ethical qualities.

The maximum score that each member of the competition committee could give was 15 points, the minimum 0 points.

The score of a contestant was determined by dividing the total number of points given by the members of the Commission, who took part in the evaluation.

In order to form a rating of the contestants, the Commission added an assessment for the level of each of the official languages of the Council of Europe to the contestant’s score based on the results of the interview in the following calculation:

A1 level – 0.5 points

A2 level – 1 point

B1 level – 1,5 points

B2 level – 2 points

C1 level – 2.5 points

6. Following the interviews and taking into account the results of the tests to determine the level of contestants in the official languages of the Council of Europe, the Commission has formed the rating of the contestants (below).

According to this rating the following three contestants have the highest points (taking into account the gender balance requirements):

  • Mr Mykola GNATOVSKYY
  • Mr Oleksandr VODIANNIKOV
  • Ms Tetiana ANTSUPOVA.

7. This list of contestants has been sent by the Chairman of the Commission to the Ministry of Foreign Affairs of Ukraine for further submission to the Advisory Panel of Experts on Candidates for Election as Judge to the European Court of Human Rights.

Upon receiving the opinion of the Advisory Panel whether the above-mentioned candidates meet the criteria of the European Convention on Human Rights on the selection of candidates for the post of judge at the European Court of Human Rights, the Commission will make a decision about the final list of candidates for the European Court of Human Rights in respect of Ukraine.

Rating of the participants of the selection of the candidates for the European Court of Human Rights in respect of Ukraine

Based upon the interviews and taking into account the results of the tests to determine the level of contestants in the official languages of the Council of Europe, the Commission has formed the following rating of the contestants:

1. Mykola GNATOVSKYY;

2. Oleksandr VODIANNIKOV;

3. Pavlo PUSHKAR;

4. Tetiana ANTSUPOVA;

5. Viktoria CHERNIYCHUK;

6. Serhii ZAIETS;

7. Dmytro SUPRUN;

8. Viacheslav TULIAKOV;

9. Arkadii BUSHCHENKO;

10. Viktor PROROK;

11. Valeriia LUTKOVSKA;

12. Anatolii YAROVY;

13. Anna BILA-KISELIOVA.

Appendix 1 – Ms Tetyana ANTSUPOVA

Curriculum Vitae

I. Personal details

Name, forename: ANTSUPOVA, Tetyana

Sex: female

Date and place of birth: 13 October 1976; Mariupol, Donetsk region

Nationality: ukrainian

II. Education and academic and other qualifications

  • In 2016, by the decision the Ministry of Education and Science of Ukraine, I was awarded the academic title of professor.
  • In 2014, by the decision of the Specialised academic council of the National University “Odesa Law Academy”, I was awarded the academic degree of Doctor of Legal Sciences in International Law (Thesis: “Procedural Law of the Council of Europe: Principles, System, Dynamics”).
  • From 1 September 2010 until 31 September 2013, I had been studying the International Law at a post-doctoral level at the National University “Odesa Law Academy”.
  • In 2003, by the decision of the Specialised academic council of the Institute of International Relations of Taras Shevchenko Kyiv National University, I was awarded the academic degree of Candidate of Legal Sciences (Ph.D) in International Law (Thesis: “International-Legal Cooperation of Black Sea States”).
  • In 1999, I obtained the Master degree with distinction (cum laude) from Odesa State Law Academy in “State Administration”, specialty “Law”, qualification – State Administration.
  • In 1998, I obtained the Specialist degree in “Law” from Odesa State Law Academy, qualification – lawyer.
  • In 1997, I obtained the Bachelor degree in “Law” from Odesa State University, qualification – lawyer.
  • Between 1995 and 1997, I had been studying and successfully completed the Public Policy Programme within the co-operation of the University of Maryland (United States) and University of John Hopkins (United States) with Odesa State University. Specifically, part of my studies I did at the University of Maryland (August–December 1995).

III. Relevant professional activities

a. Description of judicial activities

  • On 20 May 2019, I was elected to the Grand Chamber of the Supreme Court.
  • From 14 November 2017 until now, I have been holding the position of a judge of the Supreme Court of Cassation Administrative Court.

b. Description of non-judicial legal activities

  • Since September 2020 until now – the member of the Commission for the execution of judgments of the European Court of Human Rights, established by the Resolution of the Cabinet of Ministers of Ukraine of April 1, 2020 No. 258.
  • Since December 2017 until now – the member of the working group of the Supreme Court on improving the structure of judgments; co-author and trainer of a training course for the Supreme Court judges on improving the writing of judgments under the Ukrainian-Canadian Project "Support to Judicial Reform in Ukraine".
  • From 1 September 2016 until 31 October 2017 – professor of the Department of International and Comparative Law of International Humanitarian University (Odesa); at the same period of time – professor of the European Union Law and Comparative Law Department of National University “Odesa Law Academy” (part-time) and the Department of International Law of National University of Kyiv-Mohyla Academy (part-time). The lecturer of learning courses "The Council of Europe Law" and "The European Union Law" within the master's programs for Ukrainian-speaking and English-speaking students.
  • 2016–2017 academic year – coordinator of the educational program for master's students of the project EURASIA– "European Law Educational Cooperation Oslo – Ukraine" (between the Universities of Oslo (Norway) and the National University of Kyiv-Mohyla Academy (Ukraine)).
  • 2016–2017 academic year – guest lecturer at the Nicolaus Copernicus University in Toruń (Poland). I had been teaching within master's program for English-speaking students the leaning course "The impact of the Council of Europe on democratic change in Central and Eastern Europe".
  • From 1 September 2014 until 1 September 2016, Head of the Department of International and Comparative Law of International Humanitarian University (Odesa). I was a member and Academic Secretary of the Specialized Academic councils for the defense of PhD and Doctor of Law dissertations (specialties: Philosophy of Law, Theory of Law, International Law) at the National University "Odesa Law Academy" and the International Humanitarian University (Odesa).
  • From 2009 to 2015 – Supervisor of PhD students, which have defensed their thesis on specialty International Law on the topics: "The treaties of the Council of Europe in the field of criminal law and their implementation in Ukraine"; "International legal characteristics of institution of friendly settlement before the European Court of Human Rights"; "Legal mechanisms of the Council of Europe in the field of protection of children from violence"; "Unification of the Human Rights Law in the context of European integration".
  • From 1 September 2013 until 31 August 2014 – Leading scientist of the Scientific-Research Department of the National University “Odesa Law Academy”.
  • From 1 September 2004 until 31 August 2010 – Associate Professor of the European Union Law and Comparative Law Department of the Odesa National Law Academy.
  • From 2 September 2002 until 28 August 2004 – Senior Lecturer of the Department of Political Sciences and Law of the Odesa National Polytechnic University.
  • From 1 September 1999 until 2 September 2002 – Assistant Professor of the Department of International and Commercial Law of the Odesa National Polytechnic University.

c. Description of non-legal professional activities

I did not conduct any non-legal professional activities.

IV. Activities and experience in the field of human rights

a. Field

b. Duration

c. Functions

1. Lawyer at the Centre for the Protection of Children’s Rights in Odesa (supported by the Government of Canada):

a. human rights activities;

b. 1998-1999;

c. providing legal advice to visitors of the Centre on issues related to the protection of children's rights.

2. Co-founder of the non-governmental organisation “Building a Europe for Children”:

a. legal education activities;

b. 2016-2020;

c. organisation of educational events to promote the practical implementation of the 1989 Convention on the Rights of the Child and the 1996 European Convention on the Exercise of Children's Rights.

3. National Reporter in the East European Yearbook on Human Rights (2018-2019):

a. expert activity;

b. 2018-2020;

c. preparation of national reports on the overview of legal research and judicial practice on the protection of human rights in Ukraine.

V. Public activities

a. Public office

See items (a) and (b) of Section III.

b. Elected posts

I did not hold any elected post.

c. Posts held in a political party or movement

I did not hold any post in a political party or movement. I have never been a member of any political party or movement.

VI. Other activities

a. Field

b. Duration

c. Functions

1) Lecturer of the legal education movement “Spravedlyvtsi” (Defenders of Justice), founded by the Association for the Development of Judicial Self-Governance of Ukraine:

a. legal education activities;

b. since 2018 until now;

c. participation in conduct of educational activities among children and youth, aimed at forming of legal awareness, respect for law and trust to court.

2) Member of the All-Ukrainian Association of Women-Judges

a. legal education activities;

b. member of the Association from 15 April 2019 until now;

c. preparation of speeches and presentations; participation in events organised by the Association.

3) Member of European Society of International Law (ESIL)

a. scientific (scholar’s) activity;

b. member of the Society since 2016 until now;

c. participation in events organised by the Society.

4) Member and the Board member of the Ukrainian Association of International Law:

a. scientific (scholar’s) and pedagogical activity;

b. member of the Association since 2017 until now; member of the Board of the Association since January 2021 until now;

c. taking managerial decisions concerning the development strategy of the association; participation in the development of the annual activity plan of the Association, etc.

5) Member of Ukrainian European Studies Association

a. legal education (scholar’s and) activities;

b. since 2010 until now;

c. preparation of speeches and presentations as well as open lections; participation in events organised by the Association. Member of the editorial board of the Ukrainian Journal of European Studies (2010 –2014).

6) Member of the academic editorial board of the journal “Comparative Law Review”, Poland:

a. scientific (scholar’s) activities;

b. from 2015 until now;

c. organisational (editorial) and preview functions.

7) Member of the editorial board of the electronic journal “Bulletin of the Supreme Court”:

a. research activities;

b. from October 2021 until now;

c. organisational (editorial) and preview functions.

8) Member of the editorial board of the “Ukrainian Journal of International Law”:

a. research activities;

b. from December 2017 until now;

c. organisational (editorial) and preview functions.

VII. Publications and other works

The total number of publications is over 100, including:

Monographs:

  • Процесуальне право Ради Європи: питання теорії і практики: монографія / Т. О. Анцупова. – О.: Фенікс, 2013. – 384 с. (Тetyana Antsupova, Procedural Law of the Council of Europe, 2013. – 384 p.)
  • Effectiveness of the European Court of Human Rights. Challenges and Solutions: monograph / Т. Antsupova (Chapter 4, 5) – Odessa: “Yurydychna Literatura”, 2014.

Articles in Scientific Journals:

  • Tetyana Antsupova, Country Report on Judicial Practice of the Supreme Court (December 2017 – July 2019), East European Yearbook on Human Rights, 2019, p. 142-150.
  • Тетяна Анцупова, Правові питання реалізації Протоколу No. 16 до Конвенції про захист прав людини і основоположних свобод, Український часопис міжнародного права, 4/2019, C. 55–60. (Tetyana Antsupova, Legal issues of implementation of Protocol No. 16 to the Convention for the Protection of Human Rights and Fundamental Freedoms, Ukrainian Journal of International Law, 4/2019, p. 55–60).
  • Tetyana Antsupova, Country Report on Legal Research and Publications in Ukraine in the field of Human Rights, East European Yearbook on Human Rights, 2018, p. 198-208.
  • Tetyana Antsupova, Post-Conflict Reparation: Ukrainian Restitution Remedies for Property and Restitution Complaints before the European Court of Human Rights (October 15, 2016), Kyiv-Mohyla Law and Politics Journal, 2/2016, p. 217–226.
  • Тетяна Анцупова, Система процесуальних норм права Ради Європи / Т. О. Анцупова // Право України. – 2012. – No. 8. – С. 203–209. (Tetyana Antsupova, System of procedural norms of the Council of Europe Law // Law of Ukraine, 8/2012, p. 203–209).
  • Тетяна Анцупова, Принцип minimis non curat praetor в деятельности Европейского суда по правам человека / Т. А. Анцупова // Європейське право. – 2013. – No. 1-2. – С. 101–110. (Tetyana Antsupova, The minimis non curat praetor principle in practice of the European Court of Human Rights, European Law, 1–2/2013, p. 101–110).
  • Тетяна Анцупова, Роль заявника у процесі виконання рішення Європейського суду з прав людини / Т. О. Анцупова // Український часопис міжнародного права. – 2013. – Спецвипуск. Права людини. – С. 229–234. (Tetyana Antsupova, The role of the applicant in the process of execution of the European Court of Human Rights’ judgments, Ukrainian Journal of International Law, 2013, p. 229–234).
  • Tetyana Antsupova, Membership in the Council of Europe: Evolution of Criteria, Central and Eastern European Legal Studies, 1/2013. – p. 7–16.

VIII. Languages

Language

Reading

Writing

Speaking

 

Very good

Good

Fair

Very good

Good

Fair

Very good

Good

Fair

a. First language:

Ukrainian

X

   

X

   

X

   

b. Official languages:

English

X

   

X

   

X

   

French

 

X

     

X

 

X

 

c. Other languages:

Russian

X

   

X

   

X

   

IX. In the event that you do not meet the level of language proficiency required for the post of judge in an official language, please confirm your intention to follow intensive language classes of the language concerned prior to, and if need be also at the beginning of, your term of duty if elected a judge on the Court

My level of English proficiency is sufficient to perform the duties of a judge of the European Court of Human Rights at a high professional level.

I confirm that I will follow intensive French language classes, prior to, and if need be also at the beginning of my term of duty if elected a judge on the Court.

X. Other relevant information

-

XI. Please confirm that you will take up permanent residence in Strasbourg if elected a judge on the Court

I confirm that I will take up permanent residence in Strasbourg if elected a judge on the Court.

Appendix 2 – Mr Mykola GNATOVSKYY

Curriculum vitae

I. Personal details

Name, forename: GNATOVSKYY, Mykola

Sex: male

Date and place of birth: 1 July 1977, Kyiv, Ukraine

Nationality: ukrainian

II. Education and academic and other qualifications

  • PhD. in International Law, thesis “Formation and Trends of Development of a European Legal Space” (2002)
  • Taras Shevchenko National University of Kyiv, Institute of International Relations: doctoral studies in International Law (1999-2002)
  • Taras Shevchenko National University of Kyiv, Institute of International Relations: LLM in International Law (1999, cum laude), English interpreter (1999), B.A. (1998)
  • Diploma of Associate Professor (“Docent”) of International Law awarded in 2011
  • Advanced course on international humanitarian law, the Program on Humanitarian Policy and Conflict Research, Harvard University, Cambridge MA, United States (2010)
  • Advanced course on asymmetrical international relations, University of York, Toronto, Canada (2004)

III. Relevant professional activities

Non-judicial legal activities

  • Professor-in-Charge, International Litigation Programme, Institute of International Relations, Taras Shevchenko National University of Kyiv (since 2013)
  • Associate Professor at the Department of International Law, Institute of International Relations, Taras Shevchenko National University of Kyiv (since January 2007); teaching European Human Rights Law, Human Rights in Armed Conflicts, International Humanitarian Law, International Criminal Law and Procedure, International Litigation, International Dispute Settlement, Law of Treaties, Public International Law
  • Member of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) (December 2009 – December 2021, three four-year terms)
  • President of the CPT (March 2015 – March 2021, three two-year terms)
  • Second Vice-President of the CPT (March 2013 – March 2015)
  • Assistant Professor of International Law, Institute of International Relations, Taras Shevchenko National University of Kyiv (July 2003 – January 2007)
  • Assistant Professor of Comparative Law, Institute of International Relations, Taras Shevchenko National University of Kyiv (November 2002 – July 2003)
  • Guest Professor at the Ukrainian Catholic University, Lviv, Human Rights Law Master’s Programme; teaching a special course on International Standards related to the Prohibition of Torture, Inhuman or Degrading Treatment or Punishment (October 2017 – March 2020)
  • Member of the International Expert Board on Crimes Committed during Armed Conflict, Office of the Prosecutor General of Ukraine (since August 2021)
  • Member of the National Commission for the Implementation of International Humanitarian Law (since 2015)
  • Senior Legal and Constitutional Advisor, Democracy Reporting International (September 2014 – September 2020)
  • Member of the Advisory Council for the Universal Protocol for Investigative Interviewing and Associated Safeguards – joint project of the Anti-Torture Initiative (Center for Human Rights and Humanitarian Law, American University of Washington, College of Law), the Norwegian Centre for Human Rights (University of Oslo), and the Association for the Prevention of Torture (Geneva) (October 2018 – May 2021)
  • International consultant on the prevention of torture and other forms of ill-treatment / human rights of persons deprived of their liberty, Council of Europe/European Union programmes/projects in Bulgaria, Georgia, Kazakhstan, Ukraine – since 2013
  • International consultant on the prevention of ill-treatment (training for judges and prosecutors on the ECtHR case law and the CPT jurisprudence), Amnesty International and National School of Magistrates, Moldova (2017)
  • International consultant on the prevention of torture issues, United Nations Development Program (UNDP) in Uzbekistan (2018)
  • Expert on human rights, Office of the OSCE Project Co-ordinator in Ukraine (since 2010)
  • Expert on human rights and gender issues, UNDP in Ukraine (2006-2009)
  • Expert on international law, Committee on Migration, Refugees and Population, Parliamentary Assembly of the Council of Europe (2004)
  • Expert on international humanitarian law/academic partner, International Committee of the Red Cross (since 2003) – inter alia selecting Ukraine’s practice for the Customary International Humanitarian Law Database, peer reviewing of the new ICRC Commentary on Geneva Convention I and Geneva Convention III
  • Speaker at numerous international conferences on human rights law, international humanitarian law, international criminal law held in Armenia, Austria, Belarus, Belgium, France, Georgia, Germany, Israel, Kazakhstan, Moldova, The Netherlands, Poland, Russian Federation, Switzerland, Ukraine, United Kingdom, Uzbekistan (since 2002)

Non-legal professional activities

  • First Vice-President of the Ukrainian Association of International Law (since December 2017)
  • Board member, Expert Centre for Human Rights, Kyiv, Ukraine (since 2018)
  • Member of the Editorial Board, Belarusian Yearbook of International Law (Minsk) – 2015
  • Member of the Editorial Board, Міжнародне право / International Law (2012–2014)
  • Member of the Editorial Board, International Review of the Red Cross (Geneva/Oxford) – 2011–2015
  • Member of the Editorial Board, Альманах международного права / International Law Almanac (2011-2013)
  • Member of the Editorial Board, Studii Juridice Universitare (Chisinau) – since 2010
  • Member of the Editorial Board, Український часопис міжнародного права / Ukrainian Journal of International Law (since 2000)
  • Executive editor, Ukrainian Yearbook of International Law (2007–2010)
  • Executive editor, “Library of the International Law Chair” series (2004–2014)
  • Member of the Editorial Council, Romanian Journal of Legal Medicine (2015–2016)
  • Member of the Editorial Board, Международное правосудие / International Justice (Moscow) – 2012-2013
  • Academic secretary, Ukrainian Association of International Law (2007–2017)
  • Assistant to the Permanent Representative of the President of Ukraine to the Verkhovna Rada (Parliament) of Ukraine (2002–2005)
  • Assistant to the Chairperson of the Parliamentary Committee on Legal Policy of the Verkhovna Rada (Parliament) of Ukraine (2000–2002)

IV. Activities and experience in the field of human rights

I have researched and taught international human rights law and the law of the Council of Europe, as well as international humanitarian law and international criminal law for more than 20 years.

As a member and President of the CPT, I have gained direct and vast experience both with human rights work in the field and the practical application of the European Convention on Human Rights and the case-law of the European Court of Human Rights to the situation of persons deprived of their liberty. I have visited hundreds of places of deprivation of liberty across Europe, participated in the drafting of 45 and the adoption of over 170 CPT reports and have conducted numerous talks with the relevant authorities (at the ministerial level but also at the level of prime minister) on the measures to implement the CPT’s recommendations and the related judgments of the ECtHR. I have also participated in the development of the CPT standards related to the prevention of ill-treatment of persons deprived of their liberty. Moreover, I have participated in several exchanges of views between the European Court of Human Rights and the CPT and represented the CPT during such exchanges. In addition, I have represented the CPT at the exchanges of views with the Committee of Ministers of the Council of Europe, as well as with the Standing Committee and the Committee on Legal Affairs and Human Rights of the Parliamentary Assembly of the Council of Europe, meetings of heads of monitoring and advisory bodies of the Council of Europe, as well as in meetings with various United Nations bodies and institutions of the European Union.

As an international consultant, I work for human rights projects supported by the Council of Europe and the European Union both inside and outside the Council of Europe area, concentrating on human rights of persons deprived of their liberty and the human rights violations in the context of armed conflicts. I have trained judges, prosecutors and members of national preventive mechanisms in Georgia, Moldova, and Kazakhstan.

At the domestic level, I provide regular trainings on human rights issues for judges of various courts (from the first instance courts to the Supreme Court of Ukraine), prosecutors, members of the National Preventive Mechanism and the Ombudsperson’s office, staff of the Secretariat of the Verkhovna Rada (Parliament) of Ukraine. I have also provided advice on human rights issues to the Children’s Ombudsperson of Ukraine, members of parliament, ministries and state agencies, prosecutor’s office as well as judges.

V. Public Activities

n/a

a. Public office

n/a

b. Elected posts

n/a

c. Posts held in a political party or movement

n/a

VI. Other activities

  • Vice-Director for Academic Activities, Institute of International Relations, Taras Shevchenko National University of Kyiv (December 2008 – December 2010)
  • Secretary of the Academic Council, Institute of International Relations, Taras Shevchenko National University of Kyiv (September 2007 – January 2009)
  • Secretary of the Specialized Academic Council (International Law), Institute of International Relations, Kyiv National Taras Shevchenko University (2004–2009)
  • Member of the European Society of International Law
  • Member of the American Society of International Law

VII. Publications and other works

I have published 91 books and articles, including the following ones:

  • A European Legal Space. The Concept and Contemporary Issues. A Monograph. – Kyiv, 2005 (in Ukrainian).
  • Application of Article 3 of the ECHR by the European Court of Human Rights and the Jurisprudence of the European Committee for the Prevention of Torture, European Court of Human Rights. Jurisprudence, Issue 1, part 3. Article 3 of the ECHR. Kyiv, 2011 (in Ukrainian).
  • European Court of Human Rights and International Humanitarian Law: The Right to Life, Aktualni problemy mizhmarodnykh vidnosyn – 2011. Issue 100, Part I (in Ukrainian).
  • ECtHR Grand Chamber Judgment in Vinter and Others v. the United Kingdom: a commentary (with Olena Kucher), International Justice Journal (Moscow). 2014. No.1(9) (in Russian).
  • Positive obligations under the European Convention on Human Rights and “positive complementarity” under the Rome Statute: opportunities for interaction, National Security and Defence Journal, No. 5–6 (163–164), 2016 (in Ukrainian).
  • Humanitarian Law at International Courts and Tribunals: Is Institutional Fragmentation Dangerous?, International Justice Journal (Moscow). 2012. No. 1(2) (in Russian).
  • International Humanitarian Law: How Limited are the Opportunities for International Justice?, International Justice Journal (Moscow). 2012. No. 2(6) (in Russian).
  • Civilians in armed conflicts: the jurisprudence of the European Court of Human Rights, Civilians in contemporary armed conflicts. – Wydawnictwa Uniwersytetu Warszawskiego, 2017 (in English, Polish, and Ukrainian).
  • The rights of persons deprived of their liberty in the context of the Covid-19 pandemic: the dialogue between the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment with member States of the Council of Europe, Ukrainian Journal of International Law. 2020. No 2. P. 74–76 (in Ukrainian).
  • International law-based monitoring of places of deprivation of liberty in Europe: some general observations, e-legal, Revue de droit et de criminologie de l’Université libre de Bruxelles, Volume n° 2, avril 2019.

VIII. Languages

Language

Reading

Writing

Speaking

 

very good

good

fair

very good

good

fair

very good

good

fair

a. First language:

- Ukrainian

X

   

X

   

X

   

b. Official languages: 

– English

X

   

X

   

X

   

– French

X

     

X

   

X

 

c. Other languages: 

- Russian

X

   

X

   

X

   

- Polish

 

X

     

X

   

X

- German

   

X

   

X

   

X

IX. In the event that you do not meet the level of language proficiency required for the post of judge in an official language [the second], please confirm your intention to follow intensive language classes of the language concerned prior to, and if need be also at the beginning of, your term of duty if elected a judge on the Court

I consider my level of language proficiency in both official languages to be sufficient for the post of judge.

X. Other relevant information

-

XI. Please confirm that you will take up permanent residence in Strasbourg if elected a judge on the Court

I confirm that I will take up permanent residence in Strasbourg if elected a judge on the Court.

Appendix 3 – Mr Oleksandr VODIANNIKOV

Curriculum Vitae

I. Personal details

Name, forename: VODIANNIKOV, Oleksandr

Sex: male

Date and place of birth: 15 January 1978, Kremenchuk, Poltava Oblast of Ukraine

Nationality: ukrainian

ІІ. Education and academic and other qualifications

a. Education

1995 – 2000: Institute of International Relations at the Kyiv National Taras Shevchenko University, Department of International Law

2001 – 2002: Central European University (Budapest, Hungary), Department of Legal Studies,Comparative Constitutional Law Programme

b. Diplomas and academic qualifications

1999: Bachelor in International Relations

2000: Master of International Law

2002: Master of Law (LLM) in Comparative Constitutional Law

2016: PhD in International Law

c. Other educational programmes

2008: The Hague Academy of International Law (Netherlands); Summer courses on public international law

2009: The John Smith Memorial Trust fellowship programme (United Kingdom)

2014: Folke Bernadotte Academy (Sweden); ‘Reconciliation: Process, Practice and Western Balkans Perspective’ course

2021: Aspen Institute Kyiv (Ukraine); ‘National Identity’ programme

III. Relevant professional activities

a. Description of judicial activities

On 22 October 2021, the Selection Commission convened by the President of Ukraine to conduct the competitive selection of candidates for the position of a judge of the Constitutional Court of Ukraine by its unanimous decision recommended me for appointment to the position of a judge of the Constitutional Court of Ukraine and awarded the highest position in the candidates rating list submitted for consideration to the President of Ukraine (Commission’s Protocol No. 4 dated 22 October 2021).

Since 2014, upon requests from various judges-rapporteurs of the Constitutional Court of Ukraine, I prepared and submitted 9 consultative briefs (amici curiae) in the following proceedings:

  • Constitutional case No. 1-13/2016 initiated by the constitutional appeal of the Ombudsman challenging constitutionality of Art. 21(5) of the Law of Ukraine “On Freedom of Conscience and Religious Organizations” (Judgment dated 8 September 2016 No. 6-рп/2016)
  • Constitutional case No. 1-15/2018(4086/16) initiated by the constitutional appeal of the Supreme Court of Ukraine challenging constitutionality of paras. 4, 7, 8, 9, 11, 13, 14, 17, 20, 22, 23, 25 of Chapter XII “Final and Transitional Provisions” of the Law of Ukraine “On the Judiciary and Judicial System” dated 2 June 2016 No. 1402–VІІІ (Judgment dated 18 February 2020 No. 2-р/2020)
  • Constitutional case No. 1-3/2018(2717/14) initiated by the constitutional appeal of 50 MPs challenging constitutionality of para. 7 of Chapter IІ of the Law of Ukraine “On Prevention of Financial Catastrophe and Creating Conditions for Economic Growth in Ukraine” (Judgment dated 7 November 2018 No. 9-р/2018)
  • Constitutional case No. 18/206 (19) initiated by the constitutional complaint of Ms Polina Margo challenging constitutionality of Art. 454(5)(1) and (7) of the Code of Civil Procedure
  • Constitutional case No. 18/4494 (18) initiated by the constitutional complaint of Mr Ihor Petryk challenging constitutionality of Art. 50 and Art. 78(10) of the Law of Ukraine “On Prosecutorial Office”
  • Constitutional case No. 3/239(20) initiated by the constitutional appeal of 64 MPs challenging constitutionality of the Law of Ukraine “On Amending Certain Laws of Ukraine related to Improving Mechanism of Banking Regulation”
  • Constitutional case No. 3/4090(15) initiated by the constitutional appeal of 48 MPs challenging constitutionality of certain provisions of the Law of Ukraine “On Preventing Corruption” and Art. 366-1 of the Criminal Code of Ukraine
  • Constitutional case No. 4/1868(15) initiated by the constitutional appeal of the Supreme Court of Ukraine challenging constitutionality of the Law of Ukraine “On Households Deposit Guarantee System”
  • Constitutional case No. 1-231/2018 (2980/18, 3728/18) initiated by the constitutional appeal of 65 MPs challenging constitutionality of certain provisions of the Law of Ukraine “On Preventing Corruption” and of the Law of Ukraine “On Amending Certain Laws of Ukraine with respect to Financial Control of Certain Categories of Civil Servants”.

I also provide analytical support to the work of Special Advisors of the Constitutional Court of Ukraine (recruited from retired judges of foreign constitutional courts) in preparing consultative opinions upon requests from judges of the Constitutional Court of Ukraine.

Within expert support to the Constitutional Court of Ukraine I am currently engaged jointly with two other experts in developing a guidebook “Gender-Sensitive Constitutionalism: A Guide for Gender Analysis of Constitutional Issues” for judges and staff of the Constitutional Court of Ukraine.

I have experience in representing the OSCE Project Co-ordinator in Ukraine before national courts of Ukraine. I also participated in proceedings before the Panel of Adjudicators of the OSCE.

I contributed to the establishment of the High Anti-corruption Court of Ukraine. In particular I was engaged in developing draft Concept of the Law on High Anti-corruption Court (2017) and initiated the development of “Common Understanding on the Basic Principles for Establishing the High Anti-Corruption Court In Ukraine” – a concept paper of interested international donors in Ukraine and civil society experts on establishing the Court.

b. Description of non-judicial legal activities

i. Professional activities

Since June 2014: National Legal Advisor of the OSCE Project Co-ordinator in Ukraine

April 2007 – June 2014: National Programme Officer (Legal Issues) of the OSCE Project Co-ordinator in Ukraine

October 2004 – April 2007: Scholarly Advisor on the Rule of Law of the OSCE Project Co-ordinator in Ukraine

February 2004 – December 2006: Legal consultant of the Project Management Unit of the World Bank’s Access to Financial Services Project in Ukraine established by the Order of the Ministry of Finance of Ukraine No. 672 dated 12 December 2003 as per Letter of Agreement on Project Preparation Facility (PPF P4020-UA) dated 15 July 2003 between the IBRD and Ukraine

August 2003 – February 2004: Head of the European and Comparative Law Department at the European and Comparative Law Centre of the Ministry of Justice of Ukraine

December 2000 – July 2001 / July 2002 – August 2003: Chief specialist of the Comparative Law Centre at the Ministry of Justice of Ukraine

July 1999 – December 2000: Corporate lawyer

ii. Relevant professional experience in the areas of legal reform, constitutional law, international law, EU law and ECHR case law

Since August 2019: Consultant of the Law Reform Commission

Law Reform Commission is an advisory body established by the President of Ukraine to develop proposals for legal reforms. I am engaged in the work of the Commission’s working groups on constitutional issues and on judicial reform

April 2015 – May 2019: Consultant of the Constitutional Commission

The Constitutional Commission was an advisory body established by the President of Ukraine tasked with preparing amendments to the Constitution of Ukraine. I took part in developing constitutional amendments in part related to judiciary and to decentralization. My contribution in the area of constitutional reform includes developing the Law of Ukraine “On Amending the Constitution of Ukraine (in part related to judiciary)” dated 2 June 2016 No. 1401-VIII, with respect to introducing constitutional complaint mechanism (Art. 55 and 151-1 of the Constitution), competitive selection of judges of the Constitutional Court of Ukraine, guarantees of independence of constitutional judges, constitutional provisions on specialized courts and basic principles of administration of justice.

October 2014 – May 2019: Member of the Judicial Reform Council

Judicial Reform Council was an advisory body established by the President of Ukraine to develop comprehensive proposals in the sphere of judicial reform.

I was member of the working group that developed the new version of the Law of Ukraine “On the Constitutional Court of Ukraine”; I participated in developing the new versions of the Code of Civil Procedure, Code of Commercial Procedure and Code of Administrative Justice.

My contribution includes:

  • Development of the new version of the Law of Ukraine “On the Constitutional Court of Ukraine”, namely provisions related to internal structure of the Court to streamline consideration of constitutional complaints, admissibility criteria of constitutional complaints and procedure for their consideration, introduction of the institutes of (1) amicus curiae, (2) interim measures, (3) clarifications for execution of Court’s judgments, (4) special advisors (from retired judges of foreign constitutional courts), etc.;
  • Development of the provisions of Chapter 2 of the Code of Civil Procedure on judicial review in cases on restrictions or depravation of legal capacity of a person, and Chapter 10 of the Code of Civil Procedure on judicial review of involuntary psychiatric assistance, whereby the Constitutional Court’s judgement dated 1 June 2016 No. 2-рп/2016 and ECHR standards established in Shtukaturov v. Russia (2008), Nataliya Mikhaylenko v. Ukraine (2013), Stanev v. Bulgaria (2012), etc. have been implemented.

2008-2012: Member of the Scientific and Expert Council at the Parliamentary Committee for European Integration

In 2002-2003, I took part in developing the National Programme of Approximation of Ukrainian Legislation to the EU Law (endorsed by the Law of Ukraine dated 18 March 2004 No. 1629-IV).

Since 2004, upon requests from various Parliamentary Committees and other national authorities, I delivered over 300 consultative opinions on legislative bills’ compliance with international standards, ECHR case law and OSCE commitments.

c. Awareness raising / educational experience in the areas of constitutional law, international law, and ECHR case law

2021: In-depth training «Theory and Practice of Non-Discrimination: Constitutional Dimensions»

Interactive lectures:

«Theory of Non-Discrimination in Constitutional Law»

«Methodology of Intersectionality»

2021: Online training «Non-Discrimination. Practical Aspect of the Constitutional Concept»

Interactive lectures:

«Theory of Non-Discrimination»

«Non-Discrimination and Affirmative Action: Gender Quotas»

2021: Online training «Gender, Dignity, Equality. Constitutional Complaint as an Instrument against Discrimination»

Interactive lectures:

«Equality: Principle and Right»,

«Gender and Power: The Concept of Gender Constitutionalism»,

«Constitutional Court Proceeding and Public Interest»

2020: Online training «Constitutional Complaint as an Instrument to Protect Social Rights: practical Implications and Gender Aspects»

Interactive lecture «Sex and Constitution: Gender and Social Revolutions»

2020: Online training «Human Dignity as Constitutional Value»

Interactive lecture «Gender, Dignity and Constitution: Sources and Significance in Modern Constitutionalism»

2020: In-depth training on practical aspects of drafting constitutional complaints and gender dimension

Interactive lectures:

«Gender, Dignity and Power: What is Gender Sensitive Constitutionalism?»

«Gender Equality in Constitutional Law»

2012-2020: OSCE Summer Schools “The Rule of Law and Constitutionalism»

Lecture «Genealogy of European Legal Tradition» (І Summer School, 2012)

Lecture «OSCE Three Dimensions and European Security: History of the Idea of Security Space from Vancouver to Vladivostok» (ІІ Summer School 2013)

Lecture «European Constitutional Tradition: Genesis and Foundational Myths» (ІІ Summer School 2013)

Lecture «OSCE under Conditions of Global Security Turbulence: Conceptual and Institutional Framework for Security in Northern Hemisphere» (ІІІ Summer School 2014)

Lecture «Genealogy of Principle in Law: A View on History via Prism of the Black Swan Theory» (ІІІ Summer School 2014)

Lecture «Metaphysics of Democracy: Does Republic Have a Body?» (IV Summer School, 2015)

Lecture «Democracy: Poststructuralist Deconstruction of Modern Mythologemes» (IV Summer School, 2015)

Lecture «Minoan Labyrinth of Constitutional Postmodern: Verticality and Horizontality in Constitutional Law» (V Summer School, 2016)

Lecture «Constitution and Revolution: Anatomy of Constituent Power» (VІ Summer School, 2017)

Lecture «Tribunal for Democracy: Constitutional Courts and majoritarian Doom» (VІІ Summer School, 2018)

Lecture «Constitutional Complaint: Specificity of the Ukrainian Model» (VІІ Summer School, 2018)

Lecture «Belshazzar’s Feast. Law and Democracy in the Epoch of Crises» (VІІІ Summer School, 2019)

Lecture «Waiting for the Barbarians: Constitution, Democracy and World Order in Times of Post-Globalisation» (ІХ Summer School, 2020)

Lecture «Brave New World: COVID-19, AGI, BLM and Other Challenges for Democracy and Constitutionalism» (ІХ Summer School, 2020)

Lecture «Somnium Scipionis: Constitutionalism, Democracy and Society at the Dawn of a New Age» (Х Summer School, 2021)

Open Discussion «Constitutionalism and Democracy: Hidden Paradoxes»» (Х Summer School, 2021)

Open Discussion «International Law in Constitutional Jurisprudence: Combining the Incompatible?» (Х Summer School, 2021)

Open Discussion «Constituent Power Paradoxes: between Constitutionalism and Popular Sovereignty» (Х Summer School, 2021)

Open Discussion «Constitutional Court of Ukraine during Political Crisis: between Politics and Law» (Х Summer School, 2021)

2018 – 2019: High Legal School (educational platform)

International Experience of Constitutional Complaint in Ukrainian Realities (2018)

Constitutional Complaint as an Instrument and Remedy in Administrative Case (2019)

2018 – 2020: Aspen Institute Kyiv seminars «Justice, Law and Society»

Interactive lecture «Pâté of Prometheus. Cosmology of the Modern Law» (2021)

Interactive lecture «Somnium Scipionis. Democracy, Society and World Order in the Era of Postmodern Crisis» (2020)

Interactive lecture «Side Effects of Globalization. Democracy, Individual and State during the Revolt against Civil Society» (2019)

Interactive lecture «Critique of Pure Ratio. Does the Rule of Law Make Sense?» (2019)

Interactive lecture «Belshazzar’s Feast. Law and Democracy during Crisis» (2018)

2018: National University of Kyiv-Mohyla Academy

Open lecture «Genealogy of the Constitution: From Holy Scripture to the Social Media»

2016: Winter School on Federalism and Governance 2016 “Conflict and Cooperation in Federal Systems” (European Academy of Bozen/Bolzano (EURAC), Italy)

Lecture «Constitutional Reform in a Conflict-torn Society: Ukraine»

IV. Activities and experience in the field of human rights

a. Law making area

Since 2004, upon requests from various Parliamentary Committees and other national authorities, I delivered over 300 consultative opinions on legislative bills’ compliance with international standards, ECHR case law and OSCE commitments. I am regularly invited to participate and actively contribute to various working groups established by parliamentary committees to develop legislative drafts.

The most important contributions include:

  • amendments to Part XII “The Constitutional Court” of the Constitution of Ukraine, including provisions related to constitutional complaint mechanism;
  • new version of the Law of Ukraine “On the Constitutional Court of Ukraine”, in part related to constitutional complaint mechanism;
  • provisions of Chapters 2 and 10 of the Code of Civil Procedure that implemented ECHR standards established in Shtukaturov v. Russia (2008), Nataliya Mikhaylenko v. Ukraine (2013), Stanev v. Bulgaria (2012), etc.

b. Constitutional adjudication

In addition to consultative briefs (amici curiae) upon requests of judges-rapporteurs of the Constitutional Court of Ukraine that include analysis of relevant ECHR case law and jurisprudence of foreign constitutional courts, I also provide methodological support to the Secretariat of the Constitutional Court to improve processing of constitutional complaints and administration of constitutional justice. This includes focused practical training events:

November 2021: Seminar «International and National Experience of Amici Curiae»

Topic «Concept, Functions and Procedural Aspects of Amici Curiae (Art. 69 of the Law of Ukraine “On the Constitutional Court of Ukraine“)»

December 2020: Online training for the Constitutional Court staff on effective management of constitutional complaints process

Topic: Streamlining processing of constitutional complaints on their compliance with the Law of Ukraine “On the Constitutional Court of Ukraine” (re mechanism of processing)

Topic: Criteria for defining public interest and relevant justifications of admissibility of constitutional complaints under Art. 63 the Law of Ukraine “On the Constitutional Court of Ukraine“

December 2019:Training-seminar for Constitutional Court staff “Constitutional Complaint: Doctrinal Aspects of Assessment and Review”

Topic: Constitutional Complaint: Subject-Matter

December 2016: Seminar for the Constitutional Court staff «Constitutional Complaint as an Instrument of Constitutional Justice»

Topic: Admissibility of constitutional complaint in the light of international standards: exhaustion of national remedies of legal protection

c. In the area of preventing torture, inhuman and degrading treatment

In 2006-2017, I took part in implementation of National Preventive Mechanism against torture and ill-treatment in Ukraine as provided in the Optional Protocol to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

d. In the area of awareness raising on the ECHR case law

In 2002-2003, I participated in the development of Ukrainian reference publication "European Court of Human Rights: Standards of Freedom of Expression", published in nine languages of Central and Eastern Europe (available at http://osvita.khpg.org/index.php?id=1070822342).

In 2014-2017, I delivered a series of lectures for judges of first instance and appellate courts and attorneys in the framework of methodological seminars on application of ECHR case law in national legal system. The endeavor covered the majority of regions of Ukraine.

V. Public activities

a. Public office

None.

b. Elected posts

None.

c. Posts held in a political party or movement

None.

VI. Other activities

a. Reports at international conferences

11-12 November 2021: University of Exeter / University of Geneva Workshop “Potential of Public Interest Litigation in International Law”

Report: «What is the ‘interest’ in public interest litigation? A propos the concept of interest in postmodern public law»

6-9 July 2021: ICON•S Mundo, 2021 Conference of the International Society of Public Law

Report: “BLM, International Order and Epistemic Communities: International Organisation after the Pandemic”

1-2 July 2021: Ukraine’s Supreme Court: IV International Scientific and Practical Conference Administrative Justice in Ukraine: Problems of Theory and Practice. Protection of electoral Rights by administrative courts in Ukraine

Report: “Concept of Democracy in the ECHR Case Law: Gender Dimension”

18 February 2020: Leuven AI Law & Ethics Conference (LAILEC) 2020 “The Good, the Bad and the Regulated. In Search of a Common Denominator for AI in Business and Society”

Report: “Artificial Intelligence and Future of International Organizations”

22-23 November 2019: The European Society of International Law (ESIL), the Warsaw School of Economics (SGH), Kozminski University (KU) and the Institute of Law Studies of the Polish Academy of Sciences (ILS PAS) joint conference “The Crisis of Multilateral International Order: Causes, Dynamics and Consequences”

Report: “Crisis of trust in contemporary multilateralism: International order in times of perplexity”

28-29 March 2019: ICON•S Inaugural Conference of the German Chapter (Humboldt-Universität zu Berlin)

Report: “Law v Order: The Rule of Law Theology and Its Histories”

13-15 September 2018: ESIL Annual Conference: International Law and Universality (Manchester University) – Symposium “Consumers or Producers of international law? Non-European experiences with the law of nations in comparative perspective”

Report: «Forgotten Europe’s Borderland: the Rise and Fall of Indigenous System of ius gentium intermariae (X – XVII centuries) and postcolonial histories of Eastern Europe»

5-7 July 2017: 2017 ICON-S Annual Conference “Courts, Power, and Public Law” (University of Copenhagen)

Report: “Reclaiming Legitimacy through International Law: Friendly Treatment of International Law Jurisprudence of the Constitutional Court of Ukraine in Turbulent Times for International Law”

27-28 November 2017: Conference “International Judicial Dialogue in the Protection of Fundamental Rights” (University of Salamanca)

Report: “(In)voluntary judicial dialogue and legitimacy borrowing in collapsing world order»

30 June 2016: Congress of the Association of Constitutional Justice of the Countries of the Baltic and Black Sea Regions (BBCJ) (Chișinău, Constitutional Court of Moldova)

Report: “Horizontality Revolution in Constitutional Jurisprudence: The Splendours and Miseries of Postmodern Constitutionalism”

Each year I take part in various scholarly events. Among the most recent events of 2021 are the Ukrainian Forum “Ukraine 30. Development of Justice”; National Forum “Constitutional Justice: Today’s Challenges and Ways for Solution” (report “Residual Constituent Power of the Ukrainian Parliament beyond Part XII of the Constitution of Ukraine”), International Scientific and Practical Conference “Constitutional Democracy under the Conditions of Threats to Territorial Integrity and National Security” (report “Constitutionalism under Extreme Conditions: Constituent and Constituted Powers during Crises”), I Mariupol Constitutional Forum “Human Dignity and Securing Human Rights during Periods of Social Transformations” (report “Methodology of Gender Analysis”).

b. Blog

I am blogging on constitutional law issues and human rights at the independent web-site LB.UA (https://lb.ua/blog/oleksandr_vodennikov)

VII. Publications

a. Foreign publications (in English)

  • Crisis of Trust In Contemporary Multilateralism: International Order in Times of Perplexity, in The Crisis of Multilateral International Order: Causes, Dynamics and Consequences. (V. Bilkova, P. Farah, L. Gruszczynski, M. Menkes eds.). (Routledge, 2022 forthcoming)
  • The Universal Declaration of Human Rights (UDHR) and Post-War Constitutional Democracy: Common Origins, in The Global Politics of Human Rights: Bringing the Universal Declaration of Human Rights (UDHR) into the 21st Century. M. Verde, G. P. Mthembu, A. S. Wilkins (eds.). Berlin: Berlin Forum on Global Politics, 2020. P. 23-28. Available at https://bfogp.org/publications-and-projects/the-global-politics-of-human-rights/
  • (In)voluntary judicial dialogue and legitimacy borrowing, in El dialogo judicial internacional en la proteccion de los derechos fundamentales. J. Martin y Perez de Nanclares (ed.). Valencia: Tirant Lo Blanch, 2019. P. 119-138.
  • Horizontality Revolution in Constitutional Jurisprudence: The Splendours and Miseries of Postmodern Constitutionalism, in Role of Constitutional Courts in Protecting Democratic Values. Chisinau: Curtea Constitutionala a Republicii Moldova, 2016. P. 118-130.

b. Monographs, collections of papers (in Ukrainian)

  • Gender Equality. Theory and Practice in Comparative Constitutional Law. Kyiv: ВАІТЕ, 2021. 245 p.
  • From caveat dominus to ultima ratio: Democracy and constitutional principles of criminalization. In Criminalization of Socially Dangerous Acts since Adoption of the 2001 Criminal Code of Ukraine (V. Gatseliuk). Kyiv: ВАІТЕ, 2021. P. 3-31.
  • Concept of Democracy in the ECHR Case Law: Gender Dimension. in Protection of electoral Rights by administrative courts in Ukraine. Kyiv: ВАІТЕ, 2021. P. 101-107
  • Friend of Court: Concept, Functions and Procedural Aspects of Amicus Curiae. in Current Challenges and Problems of Judicial Reform in Ukraine (ed. O. Scherbaniuk, L. Bzova). Kyiv: ВАІТЕ, 2021. P. 159-175.
  • Anti-Corruption Principle of the Constitution. in Current Challenges in Functioning of the High Anti-Corruption Court. Kyiv: ВАІТЕ, 2021. P. 7-15.
  • Fourth Industrial Revolution, AI and (Non-)Human values. In Ukrainian Model of Criminal Justice: walking through the Looking Glass. Lviv: Lviv University of the Interior, 2020. P. 16-21.
  • Opening the Doors of the Constitutional Court of Ukraine: Constitutional Complaint as a New Venue for Protecting Human Rights. in General questions of Judicial Reform in Ukraine — 2017. Kyiv: Human Rights Agenda, Civil Liberties Centre, 2017. P. 32-37.
  • Corruption, Civilisation and Constitutional Democracy. in Scientific and practical Commentary to the Law of Ukraine “On Preventing Corruption” (M. Khavroniuk ed.) Kyiv: ВАІТЕ, 2018. P. С. 3-23.
  • New Challenges and Risks for Reforms in Times of Global Process of Power Demise. In Monitoring of Challenges to Governance in Security Sector of Ukraine (P. Fluri, O. Melnyk eds.). Kyiv: Zapovit, 2017. P. 25-28.
  • Constitution and Revolution: Anatomy of Constituent Power, in Constitutional Polylogue: 20th Anniversary of Ukraine’s Constitution. Kyiv: ВАІТЕ, 2016. P. 15-69.
  • Between Leviathan and Behemoth: Discursive Constitution and Criminal Law in Postmodern Conditions in Criminal Justice in Ukraine: Challenges and Perspectives in the Light of Constitutional Reform. Kyiv: ВАІТЕ, 2015. P. 7-24
  • Trials in absentia in the Law of Criminal Procedure in Ukraine: Concise Review of the Bill 4448a in the Light of European Standards. In Ensuring Consistency of Judicial Practice in Criminal Cases in the Context of 2013 – 2014 events in Ukraine. Kyiv: ВАІТЕ, 2014. P.. 28-36.
  • Torture and Civilisation in Ukraine’s Legislation against Torture and Other Cruel, Inhuman and Degrading Treatment and Punishment. Kyiv: ВАІТЕ, 2014. 5-23.
  • EU Acquis: Concept, Evolution and Methodology. Kyiv: Studia Kollazh, 2009. 274 p.
  • Tax Aspects of the WTO Law and EU Acquis (in co-authorship with T. Vovk and I. Konovalenko). Kharkiv: Konsum, 2004. 960 p.

c. Articles (in Ukrainian)

  • Concept of Interest in Constitutional Law: A propos Defining Social Interest and Particular Social Significance In Constitutional Complaint Proceedings. Ukrainian Journal of Constitutional Law. 2020. No. 4(17). P. 9-46.
  • Democracy and Constitution: Hidden Paradoxes. Current Problems of State and Law. 2020. No. 87. P. 23-42.
  • Tribunal for Democracy. Origin and Development of the Concept of Constitutional Adjudication Authority in Democratic State. Public Law. 2018. Special Issue. P. 45-58.
  • Gap in Law as Subject-Matter of Constitutional Complaint. Law of Ukraine. 2018. No.12. P. 128-147
  • Genealogy of Human Dignity Concept in Constitutional Law. Law of Ukraine. 2018. No. 9. P. 41-56
  • Function of Separate Opinion in the Development of Constitutional Jurisprudence. national Academy of Legal Sciences Review. 2016. No. 3. P. 15-22.
  • Judicial Branch and Constitutional Justice should Serve as Key Guarantee against majoritarian Doom of Democracy. European Perspectives. 2015. Issue 5. P. 196-199.
  • Theory of Principle in International Law. Ukrainian Yearbook of International law, 2009. Kyiv: Feniks, 2014. P. 97 – 180.
  • Comparative Law Methodology: Genesis, Summary and Classification of Key Approaches, in Scientific Notes of Taurida National V. I. Vernadsky University. Series: Law Sciences, 27(66), No. 3 (2014). P. 32-49
  • General and Autonomous Regimes in International Law. Current Issues of Public and Private Law. 2013. No. 3(03). P. 99–106.
  • Tax Non-Discrimination Principle in International Economic Law. Scientific Review of Uzhhorod National University: Law Series. 2013. Issue 21, Part. ІІ, T. 3. P. 213–218.
  • Prohibition of Discriminatory Taxation of Trade under the EU Treaty: Concept, Objectives and Content in the Light of ECJ case Law. State and Law: Collection of Scientific Papers. legal and Political Sciences. 2010. Issue 47. P. 611-622.
  • National Treatment Commitments in the Domain of Indirect Taxation in WTO Law. State and Law: Collection of Scientific Papers. legal and Political Sciences. 2007. Issue 37. P. 584-590.
  • A propos Interrelationship between Tax and trade Regimes in International Law. State and Law: Collection of Scientific Papers. legal and Political Sciences. 2007. Issue 35. с. 587-595.
  • Tax Subsidies and Fundamental Principle of Taxation in National and International Law. State and Law: Collection of Scientific Papers. legal and Political Sciences. 2006. Issue. 33. p. 521-527.
  • Supranationality in EU Law: Gotterdammerung of Europe or Re-conceptualization of Law? Bulletin of the Ministry of Justice of Ukraine. 2001. No. 3. P. 162–192.

VIII. Languages

Language

Reading

Writing

Speaking

 

Very good

Good

Fair

Very good

Good

Fair

Very good

Good

Fair

a. First language

Ukrainian

 

 

X

 

 

X

 

 

b. Official languages

– English

X

 

 

X

 

 

X

 

 

– French

 

X

 

 

 

X

 

X

 

c. Other languages

Russian

X

 

 

X

 

 

X

 

 

ІХ. I confirm my intention to follow intensive language classes of French prior to, and if need be also at the beginning of, my term of duty if elected a judge on the Court

X. Other relevant information

Membership in professional associations

  • Since 2007: The European Society of International Law
  • Since 2007: The American Society of International Law
  • Since 2017: The International Society of Public Law ICON•S
  • Since 2019: International Political Science Association

XI. I confirm that I will take up permanent residence in Strasbourg if elected a judge on the Court