1. 5 judges resigned
On December 21, 2021, the HCJ decided to dismiss due to the submission of applications for resignation:
- Vainovskyi Artur Mykolaiovych – from the position of the judge of the Ordzhonikidzevskyi district court of Mariupol of Donetsk region;
- Martiuk Antonina Ivanivna – from the position of the judge of the Northern appellate commercial court.
On December 23, 2021, the HCJ decided to dismiss due to the submission of applications for resignation:
- Bondarevska Svitlana Mykhailivna – from the position of the judge of the Poltava appellate court;
- Horeiko Mariia Dmytrivna – from the position of the judge of the Ivano-Frankivsk appellate court;
- Khytrov Borys Volodymyrovych – from the position of the judge of the Kovpakivskyi district court of Sumy.
2. HCJ made a decision on issues concerning financing of the judiciary
The HCJ approved the appeal of the SJA to the Ministry of Finances of Ukraine, by which it is proposed to direct 10 698,14 thousand UAH of unscheduled revenues from court fees for provision of critically necessary expenditures for financing construction objects, reconstruction and restoration of some courts by the end of 2021, and the purchase of computer equipment.
Besides, the HCJ approved the distribution of funds of the state budget for paying judicial remuneration to judges of the local general court of Zaporizhzhia region in the amount of 1300,0 UAH.
3. Procedure of secondment judges to seven more courts has begun
The HCJ, according to decisions of December 21, 2021, No. 2354/0/15-21 and No. 2355/0/15-21 and decisions of December 23, 2021, No. 2366/0/15-21, No. 2367/0/15-21, No. 2368/0/15-21, No. 2369/0/15-21 and No. 2370/0/15-21 announces the beginning of the procedure of secondment to:
- the Ananivskyi district court of Odesa region – 1 judge;
- the Ustynivskyi district court of Kirovohrad region – 1 judge;
- the Chervonozavodskyi district court of Kharkiv – 2 judges;
- the Avdiivskyi city court of Donetsk region – 1 judge;
- the Chutivskyi district court of Poltava region – 1 judge;
- the Novozavodskyi district court of Chernihiv – 3 judges;
- the Dniprovskyi appellate court – 2 judges.
Judges who expressed the wish to be seconded to mentioned courts must submit to the HCJ within ten days (from the date of the announcement of the beginning of the procedure for seconding judges) necessary documents.
4. HCJ established Commission on compliance by NACP with guarantees of judicial independence
On December 21, 2021, by the decision of the HCJ, the Commission of the High Council of Justice on compliance by the National agency on corruption prevention with guarantees of judicial independence was established.
The subject of activity of the HCJ Commission on issues concerning compliance by the National agency on corruption prevention with guarantees of judicial independence will be the analysis of the condition of compliance by the NACP, while exercising its powers, with guarantees of judicial independence; provision the HCJ of recommendations concerning the necessity of taking measures in case of existence of signs of illegal influence, pressure or interference in the activity of judge, during the complete check of the declaration, monitoring of the lifestyle.
Acting Chairman of the HCJ Oleksii Malovatskyi is the Head of the Commission, its composition also includes HCJ members, head of the secretariat, deputy head of the secretariat – head of the division on corruption prevention and detection, heads of structural units.
5. HCJ responded to notifications from judges
of the Kharkiv circuit administrative court on interference in her professional activity
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 CC of Ukraine, by facts, provided by judge of the Kharkiv circuit administrative court Larysa Marienko, and addressed the Qualification and disciplinary commission of the bar of Kharkiv region regarding the check of information on the existence of signs of a disciplinary offense in actions of lawyer Sh.
On circumstances, filed in the notification of the Zarichnyi district court of Sumy
According to the judge of the Zarichnyi district court of Sumy Hanna Sheliekhova, the claimant unjustifiably accused her of bias behavior in the case of deprivation of parental rights. The HCJ addressed 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 CC of Ukraine, by facts, provided by the judge of the Zarichnyi district court of Sumy.
of the Commercial Court of Donetsk region on interference in his professional activity
the HCJ decided to address the Prosecutor General’s Office on the necessity of providing the check of circumstances, notified by the judge of the Commercial Court of Donetsk region Eduard Zekunov.
6. Oleksii Malovatskyi: Legal community was not involved in the discussion of rules of procedure of the Ethics Council and criteria for evaluation of candidates to the HCJ
The legislator, in fact, interfered in the process of selection of HCJ members from the advocacy, by establishing an assisting body for the congress of advocates in the selection of candidates to the HCJ composition, which is not provided by the profile law. This was emphasized by acting Chairman of the HCJ Oleksii Malovatskyi during the ІІІ International scientific and practical conference “Ukrainian advocacy: modern state and development prospects”.
“The legal community did not renounce self-regulation, did not participate in the discussion of the rules of procedure of the Ethics Council and criteria for evaluating lawyers. If you carefully examine the provisions of the document on evaluation, there is not a word about lawyer ethics, scientific integrity and the code of judicial ethics”, – noted acting Chairman of the HCJ.
According to Oleksii Malovatskyi, it is unclear how an advisory body can assist professional organizations if it is not guided by professional norms. Basically, an independent body has been established that is uncontrollable to anyone and that, based on its rules of procedure, can apply аd hoc and deviate from the requirements of the law.
7. HCJ approved with comments draft regulation of the Cabinet of Ministers, that concerns accommodation and travel compensation for members of the Selection Commission and Ethics Council
The HCJ approved the draft regulation with comments and pointed out the important conditions that have to be established for the implementation of provisions of the document – in particular, allocation of additional financial resources.
The HCJ emphasized that in case of adoption by the Government of the draft regulation, for its implementation it is necessary to make appropriate amends to the Law of Ukraine “On the State budget of Ukraine for 2022”. The HCJ decided to address the CMU with the request to entrust the Ministry of Finances of Ukraine to solve an issue on the provision of the proper amount of fund for accommodation and travel compensation for members of the Selection Commission, nominated by international and foreign organizations, who do not live in Kyiv permanently.
8. Some issues of financing the judiciary in 2021 were considered
On December 23, 2021, the HCJ made a decision, which approved the distribution of funds and appeal to the Ministry of Finances of Ukraine concerning the redistribution of unscheduled revenues from court fees. The funds can be directed on adjustment of the calculation of the judge's remuneration, payment of utilities and payment of salaries. Thus, in order to provide some courts with critical consumption expenditures in the passing year as soon as possible, the Council supported proposals of the SJA in part of the redistribution of funds of the state budget.
Also, the HCJ approved the appeal of the SJA to the Ministry of Finances of Ukraine with the submission on redistribution of unscheduled revenues from court fees in the amount of 1 200,0 thousand UAH.
9. Serhii Bolotin: Judicial reform’s aim should be the improvement of citizens' access to justice
During the speech at the International scientific and practical conference “Maintaining legal order in Ukraine. Issues of criminal justice effectiveness. V Kyiv polylogue” HCJ member Serhii Bolotin outlined the main issues facing the institutions of the justice system.
In particular, Serhii Bolotin noted that legal society, judges who directly administer justice are not involved in the process of permanent reforming of the judicial system, and reform directions develop mostly theorists and experts.
“There is no comprehensive vision for the development of the entire legal system in the country. They separately reorganize the judiciary, pre-trial investigation bodies, prosecutor's office, which is unacceptable and leads to problems”, – noted Serhii Bolotin.