1. HCJ draws the attention of the Government and the Ministry of Finances of Ukraine to the need for adequate funding of the judiciary
The HCJ addressed the Prime Minister of Ukraine and the Ministry of Finances of Ukraine the letter with the request to increase expenditures for the main administrators of budget funds of the justice system in the draft Law of Ukraine “On the State budget of Ukraine for 2022”.
In this document the HCJ expressed the request to take into account proposals on the priority tasks of financial support of the judiciary and its independence during drafting and approval of the Budget declaration for 2022-2024, taking into account the specific amounts of additional expenditures listed in the letters of the main administrators of budget funds of the justice system.
2. Courts can be replenished with 16 new judges: the HCJ will make relevant submissions to the President of Ukraine on the appointment
The High Council of Justice made a decision to make 15 submissions to the President of Ukraine on appointing to positions in local courts:
HLADUN Andrian Ihorovych – to the position of the judge of the Commercial Court of Cherkasy region;
POLISCHUK Olha Vasylivna – to the position of the judge of the Rivne circuit administrative court;
ALEKSANDRENKO Kristina Ihorivna – to the position of the judge of the Kyiv commercial court;
KALUHINA Nataliia Yevhenivna – to the position of the judge of the Dnipropetrovsk circuit administrative court;
NUZHNA Aleksandrina Hennadiivna – to the position of the judge of the Cherkasy circuit administrative court;
VELYCHKO Andrii Volodymyrovych – to the position of the judge of the Mykolaiv circuit administrative court;
YAROSCHUK Vasyl Hryhorovych – to the position of the judge of the Mykolaiv circuit administrative court;
YURCHENKO Viktoriia Serhiivna – to the position of the judge of the Kyiv commercial court;
KYSIL Serhii Viktorovych – to the position of the judge of the Luhansk circuit administrative court;
BULBA Nadiia Oleksandrivna – to the position of the judge of the Mykolaiv circuit administrative court;
VDOVENKO Dariia Volodymyrivna – to the position of the judge of the Sumy commercial court;
BUKHTIIAROVA Maryna Mykolaivna – to the position of the judge of the Dnipropetrovsk circuit administrative court;
DUKHNEVYCH Oleksandr Serhiiovych – to the position of the judge of the Donetsk circuit administrative court;
BILOUS Anastasiia Yuriivna – to the position of the judge of the Kyiv circuit administrative court;
SAVCHENKO Artur Vladyslavovych – to the position of the judge of the Dnipropetrovsk circuit administrative court.
The Council did not establish reasonable doubt as to whether the candidates meet the criteria of integrity or professional ethics or other circumstances which may adversely affect public trust in the judiciary in connection with their appointment. Also, the High Council of Justice decided to make a submission to the President of Ukraine on appointing a judge who did not administer justice due to the termination of her term of office due to the expiration of the term for which she was appointed, namely:
OTROSH Inna Mykhailivna – to the position of the judge of the Kyiv commercial court.
3. 11 judges resigned
The High Council of Justice decided to dismiss due to the submission of applications for resignation three judges of appellate courts and local courts, namely:
Hrynenko Oleksandr Ivanovych – from the position of the judge of the Kyiv appellate court;
Melinishyn Halyna Petrivna – from the position of the judge of the Ivano-Frankivsk appellate court;
Azevych Volodymyr Bronislavovych – from the position of the judge of the Donetsk appellate court;
Dembitskyi Pavlo Dmytrovych – from the position of the judge of the Chernivtsi circuit administrative court;
Demianchenko Serhii Mykolaiovych – from the position of the judge of the Zinkivskyi district court of Poltava region;
Kalmykova Liudmyla Kostiantynivna – from the position of the judge of the Derhachivskyi district court of Kharkiv region;
Havryliuk Volodymyr Kuzmych – from the position of the judge of the Luhansk appellate court;
Ohuretskyi Vasyl Petrovych – from the position of the judge of the Criminal cassation court within the Supreme Court;
Bosiuk Valerii Andriiovych – from the position of the judge of the Shepetivskyi city district court of Khmelnytskyi region;
Vus Svitlana Mykhailivna – from the position of the judge of the Criminal cassation court within the Supreme Court;
Koroi Viktor Dmytrovych – from the position of the judge of the Malynovskyi district court of Odesa.
4. HCJ is forced to postpone consideration of disciplinary cases due to imperfection of legislation
The High Council of Justice was forced to postpone the consideration of the planned for August 31, 2021, issue on bringing to disciplinary liability the judge of the Pecherskyi district court of Kyiv Oksana Tsarevych because of the suspension of disciplinary proceedings due to amends in legislation.
5. HCJ decided to make a submission to the President of Ukraine on appointing Valerii Kartere to a position of a judge of the Commercial Cassation Court within the Supreme Court
According to decisions of the Administrative Cassation Court within the Supreme Court of October 22, 2019, and the Resolution of the Grand Chamber of the Supreme Court of July 8, 2020, the High Council of Justice decided to make a submission to the President of Ukraine on appointing Kartere Valerii Ivanovych to the position of the judge of the Commercial Cassation Court within the Supreme Court.
The High Council of Justice decided that the candidacy of Kartere V.I. to the position of the judge of the Commercial Cassation Court within the Supreme Court complies with requirements of Article 127 of the Constitution of Ukraine and Articles 38, 69 of the Law of Ukraine “On the Judiciary and the Status of Judges”, and according to this, he can be appointed to the position of the judge of the Commercial Cassation Court within the Supreme Court.
6. Competition for a vacant position of the Deputy Head of the Court security service has been announced
The HCJ made a Decision on announcing the competition on the vacant position of the Deputy Head of the Court security service.
Place, date and time of the beginning of holding the competition: State judicial administration of Ukraine (Kyiv, Lypska street 18/5), September 10, 2021, at 10 am.
7. Secretariat of the High Council of Justice announces the beginning of accepting documents from candidates for election HCJ members by the Congress of representatives of high educational establishments and academic institutions
The HCJ by decision of August 31, 2021, № 1922/0/15-21 determined the time and place of holding the Congress of representatives of high educational establishments and academic institutions, the agenda of which includes the issue of electing members of the High Council of Justice.
Date of holding the congress – December 10, 2021.
Place of holding the congress of representatives of high educational establishments and academic institutions – Kharkiv, Pushkinska street 70.
The beginning of the congress – at 10 am.
According to Articles 8, 9, 13 of the Law of Ukraine “On the High Council of Justice” the secretariat of the High Council of Justice announces the beginning of accepting documents from candidates for being elected as members of the High Council of Justice by the Congress of representatives of high educational establishments and academic institutions.
Date of completion of acceptance of documents – 24:00, November 9, 2021.
8. Procedure of secondment judges to the Prylutskyi city district court of Chernihiv region has begun
The HCJ, according to the decision of August 31, 2021, announces the beginning of the procedure for seconding judges to another court of the same level and specialization for administering justice, namely:
1 judge to the Prylutskyi city district court of Chernihiv region.
9. HCJ reacted to the notification of the judge of the Svativskyi district court of Luhansk region on interference in the activity of a judge regarding administering justice
The HCJ came to the conclusion about the presence of grounds for addressing the Prosecutor General’s Office regarding disclosure and investigation of a crime, committed regarding the judge of the Svativskyi district court of Luhansk region Viktor Polovynka.
The judge notified that he received from the claimant in the case an envelope with an application for issuance of a court decision and a banknote denomination of 100 UAH.
10. HCJ will make a submission to the President of Ukraine on appointing two judges – to the Supreme Court and the Kyiv commercial court
On September 2, 2021, the HCJ decided to make a submission to the President of Ukraine on appointing:
ILIEVA Liudmyla Mykhailivna – to the position of the judge of the Kyiv commercial court;
CHUMACHENKO Tetiana Anatoliivna – to the position of the judge of the Administrative Cassation Court within the Supreme Court.
Ilieva L.M. was recommended by the High Qualification Commission of Judges of Ukraine within the competition for vacant positions of judges in local administrative courts and local commercial courts, announced by the decision of August 9, 2019.
The submission to the President of Ukraine on appointing Chumachenko T.A. to the position of a judge of the Administrative Cassation Court within the Supreme Court was made based on the decisions of the Administrative cassation court within the Supreme Court of August 5, 2019, and the Resolution of the Grand Chamber of the Supreme Court of November 7, 2019.
11. HCJ addressed the Prosecutor General’s Office due to the receiving of notification from the judge of the Zaporizhzhia district court of Zaporizhzhia region Dmytro Sakoian on interference in his activity
Judge notified that at the court hearing on June 2, 2021, outside parties appeared, claiming that they were carrying out journalistic activities, for a long time obstructed the work of judges and court employees, threatened violence against judges, swore obscenely, committed other illegal acts.
Also, D. Sakoian noted that he learned about the appeal of one of the citizens who came to the court hearing, to various law enforcement agencies with allegations that the judge allegedly committed a crime against him.
The HCJ decided to address the Prosecutor General’s Office on providing information regarding disclosure and investigation of a crime in criminal proceedings, entered on June 2, 2021, in the Unified register of pre-trial investigations by the signs of a criminal offense, provided by a part one of Article 377 of the Criminal Code of Ukraine (threat or violence against a judge), and in the criminal proceeding, entered on July 2, 2021, in the URPTI by the signs of a criminal offense, provided by part one of Article 376 of the Criminal Code of Ukraine (interference in the activities of the judiciary).