Today, a briefing was held by the Chairman of the High Council of Justice Hryhorii Usyk on the topic “Appointment of members of the High Qualification Commission of Judges of Ukraine: Challenges and Prospects”.
It should be reminded that on March 15, 2023, the Selection Commission for the selection of candidates for the positions of members of the High Qualification Commission of Judges of Ukraine announced a list of 32 candidates for the positions of members of the Qualification Commission, of which 10 are judges and 22 are lawyers, scientists, representatives of other legal professions.
The next stage is an interview with candidates and appointment of members of the HQCJU by the HCJ members in accordance with the norms of the Law of Ukraine “On the Judiciary and the Status of Judges”.
The Chairman of the HCJ informed that the election of the HQCJU is one of the important steps in the judicial reform to form an honest and highly professional corps of judges, as well as one of the tasks that Ukraine must perform as a candidate country for membership in the European Union.
More than two thousand judicial positions of judges remain vacant in the judicial system of Ukraine, and the number of vacancies is increasing due to the submission of applications for resignation or dismissal at will by judges. More than two thousand of judicial candidates did not pass the initial qualification assessment, 361 judges do not administer justice after the expiration of the 5-year term for which they were appointed. That is why it is extremely important to form HQCJU.
The Chairman of the HCJ assured that the Council would make every effort to appoint as soon as possible members of the HQCJU to vacant positions in accordance with the requirements of the Law of Ukraine “On the Judiciary and the Status of Judges”.
At the same time, he pointed out the existence of some challenges that arose before the HCJ due to the fact that, in his opinion, based on the results of the competition, the Selection Commission should provide the HCJ with a list of candidates for each vacant position of a member of the HQCJU in the number of at least two, taking into account the proportional principle of formation of the Qualification Commission and conditions for this body to be empowered, which is provided for by parts 3, 4 of Article 92 of the Law of Ukraine “On the Judiciary and the Status of Judges”.
The Chairman of the HCJ cited the requirements of the law, in compliance with which the selection by the Selection Commission had to be carried out.
The Chairman of the HCJ cited the requirements of the law, in compliance with which the Selection Commission had to conduct the selection.
In accordance with the third part of Article 92 of the Law of Ukraine “On the Judiciary and the Status of Judges”, the HCQACJU shall consist of sixteen members, of which eight are appointed from among judges or retired judges.
According to the content of part four of the said article, the Qualification Commission is considered to be competent when at least eleven members are appointed to its composition, at least six of which are appointed from among judges or retired judges.
According to the fourth part of Article 95 of the Law of Ukraine “On the Judiciary and the Status of Judges”, the Selection Commission shall select candidates for the position of a member of the HQCJU who meet the criteria of integrity and professional competence at the rate of at least two candidates for one vacant position.
“The specified norms are imperative, since they clearly reflect the will of the legislator both regarding the quantitative composition of the members of the HQCJU and the proportionality of its composition,” said the Chairman of the HCJ.
Analysis of these provisions of the Law gives grounds to believe that the appointment to vacant positions of 8 members of the HQCJU from among judges or retired judges from 10 candidates recommended by the Selection Commission from among judges or retired judges may cast doubt on the observance by the HCJ of the procedure for appointing members of the HQCJU, provided for by the Law of Ukraine “On the Judiciary and the Status of Judges”.
Hryhorii Usyk emphasized that the selection of members of the High Qualification Commission of Judges of Ukraine will be based on the criteria of integrity and professional competence. Currently, the preparation of a methodology is being completed, according to which the HCJ members will determine who exactly will be appointed to the position of a member of the HQCJU. Interviews with candidates will take place openly and transparently.