1. Annual report for 2020 “On ensuring judicial independence in Ukraine” was published
The text of the Annual report for 2020 “On ensuring judicial independence in Ukraine” was published on the official website of the High Council of Justice.
The text of the report was approved by the decision of the High Council of Justice of August 5, 2021, No. 1797/0/15-21.
Judge of the Kyiv district court of Odesa Iryna Ohrenych notified that one of the participants in the civil case – the defendant made a will for a share of the household in favor of the judge, on the basis of which, he filed a motion for recusal of the judge.
Such circumstances create a threat to judicial independence, can be a way to influence the court, as they are intended to induce a judge to perform or not to perform certain procedural actions or make court decisions. Mentioned facts should be provided with a criminal and legal assessment by law enforcement agencies in accordance with the procedure established by the Criminal Procedure Code of Ukraine.
The HCJ decided to address the Prosecutor General’s Office on providing information regarding disclosure and investigation of a crime in criminal proceedings, entered in the Unified register of pre-trial investigations by the signs of a criminal offense, provided by part one of Article 376 of the Criminal Code of Ukraine (interference in the activity of judiciary) under the circumstances set out in the notification of judge of the Kyiv district court of Odesa Iryna Ohrenych.
Publication of advisory opinions of the HCJ on the Parliament’s website will provide the opportunity to acquaint a wider range of people with the position of the judicial community and will improve the dialogue between the three branches of government. This was emphasized in the letter of the High Council of Justice to the Verkhovna Rada of Ukraine regarding the initiative on publishing advisory opinions on draft laws on Parliament's official website.
One of the powers of the High Council of Justice is providing mandatory for consideration advisory opinions on draft laws concerning the establishment, reorganization or liquidation of courts, the judiciary and the status of judges.
Despite repeated appeals to the VRU, advisory opinions of the Council are not placed in electronic case forms of the relevant draft laws on the official website of the Verkhovna Rada of Ukraine. Given the above, the High Council of Justice repeatedly addressed the Parliament on this matter.
4. During January – July 2021, the High Council of Justice made decisions on dismissal of 87 judges
On general grounds were dismissed 80 judges, namely:
– due to submission of applications for resignation – 79;
– due to submission of application for voluntary dismissal – 1.
On special grounds were dismissed 7 judges, in particular:
– for the commission of a serious disciplinary offense – 6;
– by the results of the qualification assessment judge was found as non-compliant with the position held (subitem 4 of item 161 of chapter XV “Transitional provisions” of the Constitution of Ukraine) – 1.
As of August 9, 2021, the actual number of judges in the courts of Ukraine – 5307 at a certain amount – 7304. Powers to administer justice have 4933 judges. 1997 judicial positions remain vacant.
During the first seven months of 2021, the High Council of Justice made decisions on making submissions to the President of Ukraine on appointing to positions 56 judges to local courts:
– to local general courts – 35 judges;
– to local administrative courts – 15 judges;
– to local commercial courts – 6 judges.
Since the beginning of the year, the HCJ has received 175 notifications on interference in the professional activity of judges regarding administering justice, and actions that violate guarantees of independence of judges or undermine the authority of justice. Taking into account the notifications received in previous periods, in the first seven months of 2021 the Council has considered 187 notifications.
By the results of consideration of 55 notifications on interference in the activity of judges regarding administering justice 45 decisions on taking response measures were made:
- addressing prosecutor’s offices and law enforcement agencies on providing information on the disclosure and investigation of crimes;
- making submissions to relevant bodies or officials on identification and prosecution of persons who have committed acts or committed inaction, etc.
7. Judicial corps will be replenished with 16 judges
Decrees of August 11, 2021, No. 350/2021 and No. 351/2021 have been published, by which the President of Ukraine Volodymyr Zelenskyy supported the submission of the High Council of Justice on appointing 16 judges to positions in local administrative and commercial courts.
In pursuance of the legislation the Acting Chairman of the HCJ Viktor Hryschuk on August 11, 2021, addressed the Council of Judges of Ukraine, international and foreign organizations, mentioned in the lists, formed by the Ministry of foreign affairs of Ukraine, with the proposal to provide candidates for forming the first composition of the Ethics Council and the Competition Commission on forming the HQCJU respectively.
The HCJ addressed with relevant letters to international organizations through the MFA of Ukraine, as the central body of executive power, which ensures the coordination of activities of state bodies in the field of foreign relations.
You can get acquainted with the lists of international and foreign organizations by following the links:
The first composition of the Ethics Council (according to item 23-1 of Chapter III “Final and transitional provisions” of the Law of Ukraine “On the High Council of Justice” (in the wording of the Law of Ukraine No. 1635-IX) and the first composition of the Competition Commission (according to item 50 of Chapter XII of “Final and transitional provisions” of the Law of Ukraine “On the Judiciary and the Status of Judges” (in the wording of the Law of Ukraine No. 1629-IX) should include three persons from among judges or retired judges, proposed by the Council of Judges of Ukraine, and three persons, nominated by international or foreign organizations that, according to international or interstate agreements for the last five years have been providing Ukraine with international technical assistance in the field of judicial reform and/or prevention and combating corruption.
Disciplinary chambers and members of the High Council of Justice, during the first seven months of 2021, have fully completed the consideration of 7221 disciplinary complaints, including those received in previous years.
In total, during January – July 2021 Disciplinary chambers of the HCJ made 64 decisions on bringing 72 judges to disciplinary liability. By the results of consideration of disciplinary complaints, such types of disciplinary penalties were applied to judges:
- warning – regarding 32 judges;
- reprimand with the deprivation of the right to receive additional payments to the salary of a judge within one month – regarding 16 judges;
- strict reprimand with the deprivation of the right to receive additional payments to the salary of a judge within three months – regarding 15 judges;
- submission for temporary suspension from administering justice – regarding 1 judge;
- submission for dismissal – regarding 8 judges.
The High Council of Justice had to terminate the consideration of disciplinary cases due to entering on August 5, 2021, into force of the Law of Ukraine of July 14, 2021, No. 1635-ІХ “On making amendments to certain legal acts of Ukraine regarding the election (appointment) to positions of members of the High Council of Justice and the activity of disciplinary inspectors of the High Council of Justice”, regarding which the Council made a corresponding decision.
10. Five judges resigned
On August 10, 2021, the HCJ decided to dismiss due to the submission of application for resignation Ivanchuk Vitalii Myroslavovych – from the position of the judge of the Monastyrskyi district court of Ternopil region.
On August 12, 2021, the HCJ decided to dismiss due to the submission of application for resignation four judges:
Zhdanova Valentyna Serhiivna – from the position of the judge of the Civil Cassation Court within the Supreme Court;
Bozhok Svitlana Kostiantynivna – from the position of the judge of the Vyshhorodskyi district court of Kyiv region;
Akostakioe Olena Troianivna – from the position of the judge of the Hertsaiivskyi district court of Chernivtsi region;
Horehliad Oksana Ivanivna – from the position of the judge of the Kuznetsovskyi city court of Rivne region.
The High Council of Justice made a decision to address the Supreme Court with the request to convene immediately the Plenum of the Supreme Court and address the Constitutional Court of Ukraine on verifying the constitutionality of certain provisions of the Law of Ukraine “On making amendments to certain legal acts of Ukraine regarding the election (appointment) to positions of members of the High Council of Justice and the activity of disciplinary inspectors of the High Council of Justice” of July 14, 2021, No. 1635-IX.
Certain provisions of this law are of considerable concern regarding the compliance with the Constitution of Ukraine, and also with opinions of the Constitutional Court of Ukraine of March 11, 2020, namely:
- provisions of the Law No. 1635-IX regarding the Ethics Council, its powers, and the possibility to involve additional experts, specialists of international and foreign organizations in its activities;
- procedure of formation of the first composition of the Ethics Council, which provides mandatory participation of three persons nominated by international and foreign organizations, and also the procedure of decision-making;
- one-time evaluation by the Ethics Council of the current composition of the High Council of Justice, as well as the grounds and procedure for their suspension from the position.
More details here.
In pursuance of the Law of Ukraine No. 1629-IX and according to the appeal of the Council of Judges of Ukraine, the High Council of Justice informs, that by the decision of August 11, 2021, the Council of Judges of Ukraine announced the beginning of holding a competition to the position of member of the Competition Commission for holding a competition for the position of member of the High Qualification Commission of Judges of Ukraine under the quota of the Council of Judges of Ukraine.
The mentioned decision approved the regulation on holding a competition to the position of member of the Competition Commission for holding a competition for the position of member of the HQCJU which determined the conditions and terms of its holding.
Deadline for submission of documents by candidates for participation in the competition – from August 17, 2021, till September 2, 2021, inclusive.
13. Procedure of secondment judges to three courts has begun
The High Council of Justice, according to the decisions of August 12, 2021, No. 1823/0/15-21, No. 1824/0/15-21, No. 1825/0/15-21 announces the beginning of the procedure for seconding judges to another court of the same level and specialization for administering justice, namely to:
Dniprovskyi appellate court – 1 judge;
Sievierodonetskyi city court of Luhansk region – 3 judges;
Avdiivskyi city court of Donetsk region – 2 judges.
Judges who expressed the wish to be seconded to mentioned courts must submit to the High Council of Justice within ten days (from the date of the announcement of the beginning of the procedure for seconding judges) necessary documents. The list of such documents is here.