Ukraine is testing the specialization of judges in children's cases: 11 courts have joined the pilot

According to judicial statistics, the number of cases related to the rights and interests of children is increasing every year. As noted by the Supreme Court, today this is primarily due to the armed aggression of the Russian Federation, which caused forced displacement of families, destroyed the usual peaceful life, and provoked unprecedented challenges for the national judicial system.

The Head of the Cassation Civil Court within the Supreme Court, Marina Chervynska, stated that specialization in family and children's cases is not just about considering specific cases, but about unity and consistency of judicial practice and gaining experience to ensure these cases are considered taking into account the best interests of the child.

In 2017, the Interagency Coordination Council on Juvenile Justice was established – an advisory body that took on the obligation to consolidate actions between state authorities and develop child-friendly justice.

Today, one of the priorities in this activity is the implementation of the points of the Roadmap on the Rule of Law. It specifically provides that the child-friendly justice system must operate in accordance with international and European standards, the priorities of the Council of Europe, and ensure respect for the best interests of the child.

The development of child-friendly justice was also facilitated by the approval of the National Strategy for the Protection of Children's Rights in the Field of Justice until 2028 and the adoption of the operational plan for its implementation. Currently, a separate strategic goal has been defined to ensure better protection, representation of the child, and consideration of their best interests specifically in the field of civil justice.

The pilot project on introducing specialization of judges in family and children's cases is currently operating and already has certain results: 11 courts participate in the project, and a total of 64 judges deal with the relevant issues.

The Ministry of Justice expects that the pilot project will lead to further legislative regulation and gaining experience in implementing specialization in practice to protect the interests of the child.

International experience supports the position on introducing specialized judges or specialization in courts. For example, in the USA, family and juvenile courts have been functioning for over a century. In many European countries – the United Kingdom, Germany, France, the Netherlands – there are specialized family divisions or judges who undergo special training in child psychology, mediation, and protection of vulnerable groups, the speaker noted.

Thus, in Ukraine, specific mechanisms are proposed to fulfill the European integration requirements regarding the protection of children's rights in the field of justice, including:

• creating specialized panels of judges in courts;
• implementing continuous professional training programs for judges who consider or will consider family and children's cases;
• involving psychologists and social workers in this process;
• introducing child-friendly procedures that minimize the re-traumatization of the child in the judicial process.

As previously reported by the "Judicial and Legal Newspaper", a prosecutor from Odessa who "issued" a suspicion of theft of a moped to a child was deprived of a bonus and banned from promotion for 3 months.

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