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Mykola Gnatovskyy
Judge of the
European Court of Human Rights
in respect of Ukraine
Assumed office
27 June 2022
Preceded byGanna Yudkivska
Personal details
Born (1977-07-01) 1 July 1977 (age 46)
Kyiv, Ukraine
Alma materTaras Shevchenko National University of Kyiv
Occupation
  • Legal scholar
  • judge

Mykola Gnatovskyy (born 1 July 1977)[1][2] is a jurist, judge of the European Court of Human Rights[1][3][4][5] since 27 June 2022[1][3] and former professor of International Law at Taras Shevchenko National University of Kyiv.[2][3][5]

Early life[edit]

In 1998, Gnatovskyy graduated from Taras Shevchenko National University of Kyiv with a bachelor’s degree. He went on to pursue an LL.M. degree in International Law, which he graduated cum laude in 1999.[1][2][3][6] He worked on his Ph.D. from 1999 onwards; his doctoral thesis on the Formation and Trends of Development of a European Legal Space was accepted by Taras Shevchenko National University of Kyiv in 2002.[1][2][3][6]

Gnatovskyy also successfully participated in courses to becoming an English interpreter in 1999.[2][3]

In 2004, Gnatovskyy took part in an advanced course on Asymmetrical International Relations at the University of York. He also participated in an advanced course on International Humanitarian Law within the Program on Humanitarian Policy and Conflict Research at Harvard University in 2010.[2]

Career[edit]

Professorship[edit]

Gnatovskyy quickly became an international legal scholar, earning a professorship at Taras Shevchenko National University of Kyiv in 2002.[1][2][3][6] Later in his career, he taught a special course within the University of Lviv’s Human Rights Law Master’s Program on International Standards relating to the Prohibition of Torture, Inhuman or Degrading Treatment or Punishment from October 2017 to March 2020.[2][3]

Between 2002 and 2007, he held a position as an Assistant Professor at the Institute of International Relations at Kyiv National Universitiy, where he taught Comparative Law from November 2002 to July 2003 followed by International Law until January 2007.[2][3] He was appointed as Associate Professor at the Department of International Law within the Institute of International Relations in 2007.[2][3]

Among other topics, he taught 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 as well as Public International Law. He was put in charge of the International Litigation Program at the Institute of International Relations in 2013.[2][3] Gnatovskyy resigned as Professor at Kyiv National University after having been elected to serve as Judge for Ukraine at the European Court of Human Rights in June 2022.[1][2][3][4][6]

Taras Shevchenko National University of Kyiv[edit]

Gnatovskyy was Secretary to the Specialized Academic Council of the University from 2002 to 2009 and the Academic Council of the University from September 2007 until January 2009.[2]

From December 2008 until December 2010 he held the position as Vice-Director for Academic Activities at the Institute of International Relations.[2][3]

European Court of Human Rights[edit]

For me the European Court of Human Rights is a unique international body, because it is not just an international court, but it is the court which directly influences the development of the societies, it represents the dream of a coherent and human Rights based Europe.[7]

On 26 April 2022, Gnatovskyy was elected judge to the European Court of Human Rights in respect of Ukraine by the Parliamentary Assembly of the Council of Europe with a total of 167 out of 190 votes, thus reaching the absolute majority.[8] His mandate commenced on 27 June 2022, replacing former judge Ganna Yudkivska.[1][3][4][5][9][10]

Other activities[edit]

As an expert on International Law and Human Rights, Mykola Gnatovskyy has been an active supporter and consultant to various organizations concerned with these topics.

Membership[edit]

Gnatovskyy was highly involved in the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), occupying various positions at the organization between December 2009 and December 2021. He was the CPT’s Vice-President from March 2012 to March 2015[11] as well as its three-term President from March 2015 until March 2021[12][13]. During this period, he participated in drafting 45 as well as adopting over 170 CPT reports. He substantially developed the CPT’s standards relating to the prevention of the ill-treatment of persons deprived of their liberty and represented the Committee on various occasions within other organizations. These included the Committee of Ministers of the Council of Europe, the Committee of Legal Affairs and Human Rights of the Parliamentary Assembly of the Council of Europe and multiple institutional bodies of the United Nations and the European Union.[1][2][6][9]

Between August 2021 and June 2022, Gnatovskyy was a member of the International Expert Board on Crimes Committed during Armed Conflict at the Office of the General Prosecutor of Ukraine.[2]

He has been a member of the Advisory Council for the Universal Protocol for Investigative Interviewing and Associated Safeguards, taking part in the joint project of the Anti-Torture Initiative at the American University of Washington, the Norwegian Centre of Human Rights at the University of Oslo as well as the Association for the Prevention of Torture in Geneva from October 2018 to May 2021.[2]

On the national level, Gnatovskyy was the Academic secretary of the Ukrainian Association of International Law from 2007 until 2017, which he was appointed the Vice-Presidentship of in December 2017 and officiates to this date.[2][3][14]

Gnatovskyy was a member of Ukraine's Interdepartamental National Commission for the Implementation of International Humanitarian Law between 2015 and 2022.[6]

He was also a board member of the Expert Centre for Human Rights in Kyiv from 2018 to 2022.[2]

Gnatovskyy is a member of the European and the American Society of International Law.[2]

Expert and consulting positions[edit]

Throughout his career, Gnatovskyy has taken part in numerous international conferences as either a Committee member or an advisor.[2]

He served as an academic partner for the International Committee of the Red Cross (ICRC) as an expert on International Humanitarian Law from 2003 to 2022. As such, he selected Ukraine’s state practice relevant to the Customary International Humanitarian Law Database and peer-reviewed the new ICRC Commentary on the First and Third Geneva Conventions of 1949.[1][2][3][9]

He also acted as an expert on International Law for the Committee on Migration, Refugees and Population of the Parliamentary Assembly of the Council of Europe in 2004.[2]

Between 2006 and 2009, Gnatovskyy was appointed as an expert on Human Rights and Gender Issues within the United Nations Development Programme (UNDP),[2] an organization which he also consulted on the prevention of Torture Issues in Uzbekistan in 2018.[2]

Since 2010 Gnatovskyy is an expert on human rights for the Office of the OSCE (Organization for Security and Co-operation in Europe) Project Co-Ordinator in Ukraine.[2][9]

Gnatovskyy was an international consultant at the Council of Europe on the Prevention of Torture and other forms of Ill-Treatment and Human Rights of Persons deprived of their Liberty between 2013 and 2022. During that time, he also supported European Union projects Bulgaria, Georgia, Kazakhstan and Ukraine on the matter.[2]

Gnatovskyy has cooperated with Democracy Reporting International as a senior legal and Constitutional advisor for its project in Ukraine.[2][3][6]

In 2017, he served as consultant on the prevention of ill-treatment for Amnesty International and the National School of Magistrates in Moldova, where he has been involved with the training of judges and prosecutors on the ECHR (European Court of Human Rights) case law and the CPT (European Committee for the Prevention of Torture) jurisprudence.[2]

Consulting Ukrainian politics[edit]

The Chairperson of the Committee on Legal Policy of the Verkhovna Rada (the Ukrainian Parliament) appointed Gnatovskyy to be his Assistant from 2000 until 2002. He then took on a new position as Assistant to the Permanent Representative of the President of Ukraine at the Verkhovna Rada, which he held from 2002 to 2005.[2][6]

From February to April 2022, Gnatovskyy served as an independent advisor on International Criminal Justice to the Minister for Foreign Affairs of Ukraine.[5]

Editorial activities[edit]

Gnatovskyy is and has been a member of multiple editorial boards, ranging geographically from Moscow to Oxford. Mostly concerned with International Law, the following publications have come under his editorial guidance over a time span of two decades:[2][6]

  • Member of the Editorial Council, Romanian Journal of Legal Medicine (2015 - 2016)
  • 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, Международное правосудие / International Justice, Moscow (2012 - 2013)
  • Member of the Editorial Board, International Review of the Red Cross, Geneva/Oxford (2011 - 2015)[3]
  • Member of the Editorial Board, Альманах международного права / International Law Almanac (2011 - 2013)
  • Member of the Editorial Board, Studii Juridice Universitare, Chișinău (since 2010)
  • Executive editor, Ukrainian Yearbook of International Law (2007 - 2010)
  • Executive editor, “Library of the International Law Chair” series (2004 - 2014)
  • Member of the Editorial Board, Український часопис міжнародного права / Ukrainian Journal of International Law (since 2000)

Publications[edit]

Books[edit]

  • A European Legal Space. The Concept and Contemporary Issues. A Monograph. – Kyiv, (2005) (in Ukrainian - Європейський правовий простір. Концепція та сучасні проблеми).[15]

Articles[1][edit]

  • 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, Volume 2 (2020) 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 2 (2019).
  • Positive obligations under the European Convention on Human Rights and “positive complementarity” under the Rome Statute: opportunities for interaction, National Security and Defence Journal, Volume 5-6 (2016) 163-164 (in Ukrainian).
  • ECtHR Grand Chamber Judgment in Vinter and Others v. the United Kingdom: a commentary (with Olena Kucher), International Justice Journal, Moscow, Volume 1 Issue 9 (2014) (in Russian).
  • International Humanitarian Law: How Limited are the Opportunities for International Justice?, International Justice Journal, Moscow, Volume 2 Issue 6 (2012) (in Russian).
  • Humanitarian Law at International Courts and Tribunals: Is Institutional Fragmentation Dangerous?, International Justice Journal, Moscow, Volume 1 Issue 2 (2012) (in Russian).
  • 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, Kyiv, Issue 1, part 3. Art. 3 ECHR (2011) (in Ukrainian).
  • European Court of Human Rights and International Humanitarian Law: The Right to Life, Aktualni problemy mizhmarodnykh vidnosyn, Issue 100, Part I (2011) (in Ukrainian).

References[edit]

  1. ^ a b c d e f g h i j k "Mykola Gnatovskyy". VI ХАРКІВСЬКИЙ МІЖНАРОДНИЙ ЮРИДИЧНИЙ ФОРУМ. 28 September 2022. Retrieved 10 May 2023.
  2. ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae Secretary General of the Parliamentary Assembly. "Election of judges to the European Court of Human Rights List and curricula vitae of candidates submitted by the Government of Ukraine".
  3. ^ a b c d e f g h i j k l m n o p q r "Composition of the ECHR - Judges, Sections, Grand Chamber". echr.coe.int. Retrieved 10 May 2023.
  4. ^ a b c "PACE elects Mykola Gnatovskyy judge to the European Court of Human Rights in respect of Ukraine - Council of Europe Office in Ukraine - www.coe.int". Council of Europe Office in Ukraine. Retrieved 10 May 2023.
  5. ^ a b c d "Interview mit EU-Richter: Warum Wladimir Putin vor ein Sondertribunal gehört". Kölner Stadt-Anzeiger (in German). Retrieved 12 May 2023.
  6. ^ a b c d e f g h i Council of Europe. "Mykola Gnatovskyy".
  7. ^ ONE JUDGE, THREE QUESTIONS - Mykola Gnatovskyy (ENG), retrieved 10 May 2023
  8. ^ Council of Europe. "Election of a judge in respect of Ukraine" (PDF).
  9. ^ a b c d Istrefi, Kushtrim. "Mykola Gnatovskyy Elected New Judge in Respect of Ukraine". Retrieved 10 May 2023.
  10. ^ "Микола Гнатовський склав присягу на посаду судді Європейського суду з прав людини від України". Судебно-юридическая газета (in Ukrainian). Retrieved 12 May 2023.
  11. ^ "Обрано члена ЄКЗК від України". web.archive.org. 16 May 2022. Retrieved 12 May 2023.
  12. ^ "Українця Гнатовського втретє обрали головою Комітету РЄ проти катувань". web.archive.org. 26 April 2022. Retrieved 12 May 2023.
  13. ^ "Кандидати у судді ЄСПЛ від України: оприлюднено рейтинг учасників конкурсу". ECHR: Ukrainian Aspect (in Ukrainian). 20 January 2022. Retrieved 12 May 2023.
  14. ^ "Правління – Українська асоціація міжнародного права" (in Ukrainian). Retrieved 12 May 2023.
  15. ^ "Європейський правовий простір. Концепція та сучасні проблеми - Купити кодекси, коментарі до законів, книги в Києві, Харкові, Одесі, Львові". jurkniga.ua (in Ukrainian). Retrieved 12 May 2023.

Category:1977 births Category:Living people Category:Ukrainian jurists Category:Judges of the European Court of Human Rights Category:European Court of Human Rights Category:International humanitarian law

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