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Digest of events of the High Council of Justice for August 25–28, 2021

30.08.2021

1. HCJ will make a submission to the President of Ukraine on appointing six judges to administrative and economic courts

On August 26, 2021, the High Council of Justice decided to make a submission to the President of Ukraine on appointing of judges to positions to local courts:

ZLEPKO Nazar Ivanovych – to the position of judge of the Economic Court of Luhansk region;

LOBODA Tetiana Oleksandrivna – to the position of judge of the Economic Court of Donetsk region;

SKUPINSKA Olena Vadymivna – to the position of judge of the Odesa circuit administrative court;

NAUMENKO Viacheslav Viktorovych – to the position of judge of the Kirovohrad circuit administrative court;

VINIHRADOVA Daria Oleksandrivna – to the position of judge of the Chernihiv circuit administrative court;

DUBINA Mariia Mykolaivna – to the position of judge of the Circuit administrative court of Kyiv.

 

2. Eleven judges were dismissed on general grounds

On August 26, 2021, the High Council of Justice considered materials on dismissal of judges from office on general grounds, namely due to submission of applications for resignation and of their own will.

The HCJ decided to dismiss 10 judges due to submission of applications for the resignation of:

Hrubiian Lubov Ivanivna – from the position of judge of the Izmailskyi local-district court of Odesa region;

Franovska Kateryna Serhiivna – from the position of judge of the Seventh administrative court of appeal;

Papoian Viktoriia Viktorivna – from the position of judge of the Donetsk court of appeal;

Antonov Andrii Anatoliiovych – from the position of judge of the Chutivskyi district court of Poltava region;

Yakimenko Liliia Oleksandrivna – from the position of judge of the Derhachivskyi district court of Kharkiv region;

Duchal Nataliia Mykolaivna – from the position of judge of the Eastern economic court of appeal;

Savchenko Ihor Borysovych – from the position of judge of the Kharkiv court of appeal;

Danylova Malvina Volodymyrivna – from the position of judge of the Economic Court of Kyiv;

Ivanova Iryna Vitaliivna – from the position of the Kyiv court of appeal;

Sobolev Yevhen Olehovych – from the position of the Bilovodskyi district court of Lyhansk region.

The High Council of Justice has also decided to dismiss due to submission of application for resignation on her own will of Buhaichenko Tetiana Anatoliivna from the position of judge of the Oleksandriiskyi local-district court of Kirivihrad region.

 

3. The term of secondment of three judges to the Podilskyi district court of Kyiv has been extended

On August 26, 2021, the High Council of Justice decided to extend for one year the term of secondment of three judges by temporary transfer them to the Podilskyi district court of Kyiv, namely:

judge of the Kozeletskyi district court of Chernihiv region ANOKHIN Andrii Mykolaiovych;

judge of the Amur-Nyzhniodniprovskyi district court of Dnipropetrovsk SKRYPNYK Oksana Hryhorivna;

judge of the Rivne local court of Rivne region HOLOVCHAK Marian Mykhailovych.

 

4. The HCJ responded to the notification of judge of the Dzerzhinskyi district court of Kharkiv on interference in his professional activities

The HCJ concluded that there were grounds for taking measures to ensure the independence of judges and the authority of the judiciary on the facts reported by the judge of the Dzerzhinskyi district court of Kharkiv Ihor Semiriad.

According to the judge, the defendant in the case, along with a motion to leave the claim without consideration, sent photocopies of two banknotes with a face value of 100 US dollars. In addition, the petition stated that after the ruling on leaving the judge without consideration or closing the proceedings, "another such gift" will be received.

 

5. Larysa Shvetsova: «Mediation is a promising way to resolve conflicts”

Active implementation of mediation will have a positive effect on the work of the judicial system. Ukraine has all the conditions for the widespread use of the out-of-court dispute resolution procedure. The use of mediation will reduce the workload of judges, reduce financial costs, and more constructively set up the parties to the dispute. The HCJ member Larysa Shvetsova said this during the VI International Forum “Mediation and Law” which took place in Odessa.

Larysa Shvetsova noted that courts currently lack 30 percent of judges. The shortage of personnel leads to a significant increase in the workload of judges, negatively affecting the efficiency and quality of consideration of cases, as well as a number of unresolved disputes. Therefore, in the current reality, according to the member of the HCJ, mediation is the most positive and operative way to resolve conflicts. And it should be promoted not only by lawyers but also by judges.

In Ukraine, the process of legislative regulation of mediation is still ongoing. The draft Law of Ukraine “On Mediation” submitted by the government was adopted only in the first reading. On June 25, 2021, the Verkhovna Rada of Ukraine Committee on Legal Policy recommended to the Parliament to adopt the draft law in the second reading in the wording of the Committee.

Within the Council of Europe, the main documents on mediation have been adopted in the form of Recommendations of the Committee of Ministers to member states and Guidelines for the implementation of these recommendations.

 

6. Procedure of secondment judges to two courts has begun

The High Council of Justice, according to the decisions of August 26, 2021, № 1879/0/15-21 and № 1880/0/15-21 announces the beginning of the procedure for seconding judges to another court of the same level and specialization for administering justice, namely to:

Vasylkivskyi district court of Dnipropetrovsk region - 1 judge;

Luhinskyi district court of Zhytomyr region – 1 judge

 

7. The term of consent providing by judges for secondment to two courts has been extended

The High Council of Justice, according to the decisions of August 26, 2021 No. 1881/0/15-21 and No. 1882/0/15-21, extended the term of consent providing by judges for secondment to the Mizhgirskyi district court of the Transcarpathian region – until September 6, 2021, and to the Sievierodonetsk local court Luhansk region – until September 3, 2021.

 

8. Oleg Prudyvus: “All branches of government should act more decisively to address the issue of proper financing of remuneration of employees of court apparatus”

This was stated by a member of the HCJ Oleh Prudyvus during a regular meeting of the working group on ensuring proper financing of the judiciary in Ukraine, established in the Verkhovna Rada Committee on Legal Policy.

Oleh Prudyvus noted that the HCJ is actively working on solving this problem, in particular, the Council took part in the development of a draft law on amending the Law of Ukraine “On the Judiciary and the Status of Judges” to determine the salary scheme for employees of courts and judicial bodies.

The draft law proposes to determine the official salary of employees of apparatus of courts, taking into account the instance of court, as a percentage of the official salary of a judge and using a regional coefficient similar to that applied to judicial remuneration.

According to the document, the minimum salary for an employee of apparatus of the local general court should be set at 20% of the official salary of a judge of a local court.