- Another 65 judges are to join the judicial corps
On June 2, 4, 9 and 11, 2020, the High Council of Justice decided to make a submission to the President of Ukraine on appointing 61 candidates to positions of judges in local general courts by the results of selections for 2012, 2013, 2017, and also 3 judges who successfully passed the qualification evaluation.
2. 16 judges were dismissed from their positions on general grounds
The High Council of Justice made a decision to dismiss due to the submission of the applications of resignation:
Hutieva Vira Vasylivna – from the position of the judge of the Commercial court of Lviv region;
Nepsha Oleksii Ivanovych – from the position of the judge of the Korabelnyi district court of Mykolaiv;
Halyna Vasyl Petrovych – from the position of the judge of the Lviv court of appeal;
Kalytka Oleksandr Mykhailovych– from the position of the judge of the Second appellate administrative court;
Kolodii Svitlana Borysivna – from the position of the judge of the Commercial court of Kirovohrad region;
Ivanova Hanna Petrivna – from the position of the judge of the Chernihiv court of appeal;
Funzhii Oleksandr Anastasovych – from the position of the judge of the Komunarskyi district court of Zaporizhzhia;
Кravtsiv Vasyl Ivanovych – from the position of the judge of the Sambirskyi city district court of Lviv region;
Zahreba Andrii Vitaliiovych – from the position of the judge of the Leninskyi district court of Kirovograd;
Kalashnyk Volodymyr Leonidovych – from the position of the judge of the Sosnivskyi district court of Cherkasy;
Livandovska-Kochura Tetiana Viktorivna – from the position of the judge of the court of appeal of Volyn region;
Rudakov Ihor Pavlovych – from the position of the judge of the Sykhivskyi district court of Lviv;
Fomin Viktor Anatoliiovych – from the position of the judge of the Melitopolskyi city district court of Zaporizhzhia region;
Khorolets Vitalii Volodymyrovych – from the position of the judge of the Velykobahachanskyi district court of Poltava region;
Benedyk Anna Petrivna – from the position of the judge of the Second appellate administrative court.
Besides, the High Council of Justice made a decision to dismiss due to the submission of the application for voluntary dismissal Synianska Yana Mykolaivna from the position of the judge of the Rubizhanskyi city court of Luhansk region.
A workgroup on generalization of the HCJ’s practice regarding the formation of a professional judicial corpse in Ukraine was established in the HCJ. The group includes experts and scientists who will conduct a systematic analysis of the procedures for the appointment, transfer, secondment, suspension and dismissal of judges, as well as the termination of the resignation of judges. On the basis of such analysis problematic issues will be revealed, scientifically substantiated recommendations on improvement of procedures of staffing of courts will be developed and the unified practice of the High Council of Justice in this direction will be formed.
The Commission supported the proposal of the Committee on disciplinary proceedings regarding disciplinary proceedings concerning the Head of the SJA of Ukraine Zenovii Kholodniuk by the appeal of lawyer Oleksandr Arkhipov in the interests of Stanislav Shchotka. In particular, the Commission decided to make a proposal to the HCJ with a conclusion on the closure of the mentioned disciplinary proceedings in connection with the expiration of the period of disciplinary liability. Regarding the disciplinary proceeding by the appeal of Valerii Tatenko, the Commission decided to make a proposal to the HCJ with a conclusion on the closure of the mentioned disciplinary proceedings in connection with the absence in actions of Kholodniuk Z.V. a disciplinary offence and grounds for bringing him to disciplinary liability.
The HCJ decided to temporarily, till August 9, 2002, suspend the judge of the Volodymyretskyi district court of Rivne region Leonid Zakrevskyi from administering justice due to bringing him to criminal liability and temporarily suspend the judges of the Mizhgirskyi district court of Zakarpattia region Anton Haudur from administering justice before the entry into force of a court sentence or the closure of criminal proceedings on the charge of that judge of committing a criminal offense - acceptance of an offer, promise or receipt of an improper benefit by an official.
The HCJ decided to make a submission to the President of Ukraine on appointing Eduard Bovkun to the position of the judge of the Dniprovskyi district court of Kyiv. The HCJ can make a decision on refusal in making a submission to the President of Ukraine on appointing a judge to the position only on the basis of substantiated information received by the HCJ in the manner prescribed by law, if:
1) such information was not a subject of consideration by the HQCJU;
2) the HQCJU did not give a proper assessment of such information within the qualification evaluation procedure regarding the respective candidate.
As follows, the HCJ did not have substantiated grounds to not make a submission to the President of Ukraine on appointing Bovkun E.M. to the position of a judge, since, in view of the presumption of innocence, the mentioned person is innocent.
The meeting of the work group, established for working out issues related to the approval of the number of judges in the courts of Ukraine, was held in the HCJ. The participants of the meeting discussed the results of estimating the average time spent on consideration of cases to determine the workload of judges.
The participants agreed on the need for implementation by the USAID New Justice Program recalculation of indicators of average duration of court cases by their categories and coefficients of complexity of cases. It was emphasized the need for the Council of Judges of Ukraine to approve the coefficients of complexity of cases and determine by the SJA of Ukraine in agreement with the HCJ number of judges, taking into account the current judicial workload.
The HCJ decided to refuse in satisfaction the submission of the HQCJU on dismissal from positions held the judge of the Rivne commercial court of appeal Yuliia Mamchenko and the judge of the Sviatoshynskyi district court of Kyiv Volodymyr Makarenko. The HCJ, in particular, decided that the recommendation on dismissal of the judge Mamchenko Yu.A. is not confirmed by the materials collected by the HQCJU, and does not meet the requirements for motivation and validity. Also, the HCJ decided that the absence of motives in the decision of the Commission, failure to specify the specific circumstances under which judge Makarenko V.V. does not comply with the position, do not give grounds to satisfy the application for his dismissal.
During the discussion participants emphasized on the necessity of the continuation of the hard work to guarantee principles of rule of law and to ensure the independence of the judiciary to prevent cases of politicization of justice, interference in the activities of the judiciary by other branches of government and encroachment on the independence of judges. As an examples of such negative tendencies were the situations that took place in Hungary and Poland. Also talked about the measures that the European Commission and the European Parliament plan to implement to protect the rule of law and the independence of the judiciary and the proper reacting in cases of intent to destroy the judicial independence (on the examples of Poland and Hungary). In particular, it was about the preparation by the European Commission an annual Report regarding the rule of law in EU countries.