Since August 5, 2021, the distribution of disciplinary complaints between HCJ members has been terminated
To prevent violations of current legislation, the HCJ terminated the distribution of disciplinary complaints among HCJ members, as well as complaints regarding decisions on bringing judge or prosecutor to disciplinary liability. On August 5, 2021, the HCJ made the decision on termination of distribution of certain cases (materials) between HCJ members.
The decision is determined by entering 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 procedure of election (appointment) to positions of members of the High Council of Justice and the activity of disciplinary inspectors of the High Council of Justice”.
Since entering into force of this law, disciplinary complaints should be distributed to disciplinary inspector of the HCJ. As there are currently no disciplinary inspectors, complaints regarding judge's disciplinary misconduct are not distributed. As of December 3, 2021, the HCJ has 2 429 undistributed complaints.
Two judges resigned
On December 7, 2021, the HCJ decided to dismiss due to the submission of an application for resignation Pelypenko Nina Mykhailivna from the position of the judge of the Eastern appellate commercial court.
On December 9, 2021, the HCJ decided to dismiss due to the submission of an application for resignation Pasichnyk Dmytro Ivanovych from the position of the judge of the Kirovohradskyi district court of Kirovohrad region.
HCJ seconded judge for administering justice to the Sviatoshynskyi district court of Kyiv
The HCJ on December 7, 2021, decided to second for administering justice judge of the Khmelnytskyi city district court of Khmelnytskyi region KOVAL Viktoriia Oleksandrivna to the Sviatoshynskyi district court of Kyiv from December 14, 2021.
Procedure of secondment judges to the Myrhorodskyi city district court of Poltava region has begun
The HCJ, according to decision of December 7, 2021, No. 2299/0/15-21 announces the beginning of the procedure for seconding judges to the Myrhorodskyi city district court of Poltava region – 1 judge.
Judges who expressed the wish to be seconded to mentioned court 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 HCJ decided to address the Prosecutor General’s Office on check the legality and validity of non-submission of information into the URPTI by the notification of judges of the Third appellate administrative court Nataliia Byshevska, Iryna Dobrodniak and Yaroslav Semenenko on interference in their activity concerning administering justice and ensuring of holding a check of circumstances, notified by judges, in compliance with the provisions of Article 19 of the Constitution of Ukraine and Article 214 of the Criminal Procedure Code of Ukraine.
Larysa Shvetsova talked to future lawyers from the National Aviation University
HCJ member Larysa Shvetsova shared her own knowledge and work experience on positions of judge and HCJ member during the meeting with first-year students of the law faculty of the National aviation university, which was held online on December 8, 2021. The meeting was organized within the Memorandum on cooperation between the High Council of Justice and the National aviation university. Larysa Shvetsova told about the main steps of adopting profile legislation, powers, landmarks of reforming and main functions of the HCJ. She emphasized that the activity of the Council as a constitutional body is based, first of all, based on responsibility and accountability to society.
Oleksii Malovatskyi: “Judiciary is interested in involvement of perspective and ambitious staff”
Acting Chairman of the HCJ Oleksii Malovatskyi held an online lecture for students of the Institute of law, psychology and innovative education of the Lviv Polytechnic National University. Oleksii Malovatskyi told first-year students about the organizational structure, tasks and powers of the body of judicial governance, acquainted in detail with the main directions of work of the HCJ, in particular, concerning judicial career, procedure of consideration of disciplinary complaints against judges, provision of advisory opinions regarding draft laws on judiciary and the status of judges, electronic judiciary and implementation of innovative technologies in the work of courts, and also about the interaction between the HCJ and other public authorities.
The HCJ actively cooperates with institutions of high education in Ukraine and supports students. Over the past two years, seven memorandums on cooperation have been signed between the HCJ and the country's leading universities that prepare lawyers.
The HCJ addressed the Verkhovna Rada of Ukraine with the proposal to bring the provisions of the legislation of Ukraine in line with the decision of the Constitutional Court of Ukraine of April 15, 2020, and prevent actions that violate the social protection of judges dismissed from office in the period from April 1, 2014 to September 30, 2016.
Such a decision was made by the HCJ as the result of consideration of the appeal of the Head of the public organization “All-Ukrainian association of resigned judges” Denys Neviadomskyi.
The HCJ decided to address the Prosecutor General’s Office on providing information on disclosure and investigation of a crime in criminal proceedings, entered to the URPI by signs of a criminal offense, envisaged by part one of Article 376 of the CC of Ukraine by facts, notified by judge of the Second appellate administrative court V. Kalynovskyi.
Judge of the Commercial court of Odesa region Tetiana Diachenko notified about the filing to the court and the High Council of Justice allegedly on behalf of the plaintiff company in the case of appeals with false information about the crime committed by her and other judges. The HCJ decided to address the Prosecutor General’s Office on providing information on disclosure and investigation of a crime in criminal proceedings, entered to the URPI by signs of a criminal offense, envisaged by part one of Article 383 of the CC of Ukraine, by facts, filed in the notification of the judge of the Commercial court of Odesa region Tetiana Diachenko.
On December 10, 2021, the congress of representatives of high educational establishments and academic institutions was opened, the agenda of the congress included an issue on election members of the High Council of Justice.
Although, the congress had to take a break in its work, as the Ethics Council failed to provide neither the congress, nor the HCJ opinions on candidates and the list of recommended candidates to be elected as HCJ members. The duration of the break has not been determined, as it is not known when the Ethics Council will provide the documents.
According to part 2 of Article 13 of the Law of Ukraine “On the High Council of Justice” the voting is conducted exclusively for candidates for HCJ members, who filed documents in the order, provided by this law, comply with requirements, provided by Article 6 of this Law, and are included in the list of candidates, recommended by the Ethics Council for being elected to position of HCJ member.
It was decided to address the HCJ and the Ethics Council with information that the congress started its work and announced the break due to mentioned. After receiving from the Ethics Council the list of recommended candidates, the work of the congress will be continued.
HCJ added into the list of persons granted full access to the Unified State Register of Judgements
The HCJ on December 9, 2021, approved the amendments to the Procedure for maintaining the Unified State Register of Court Decisions. The HCJ decided to grant full access to information resources of the Register and electronic copies of court decisions to authorized persons of the Prosecutor General’s Office and make appropriate changes to the Procedure for maintaining the Unified State Register of Court Decisions.