The HCJ published Information and Analytical Report on Activities in 2021
The report provides detailed statistical information on all aspects of the HCJ activities. Comparative analysis in each of the directions is carried out; the existing problems are comprehensively considered.
In 2021, 94 meetings of the Council were held, 1282 acts were adopted. In particular, the HCJ decided to forward to the President of Ukraine submission on appointment of 109 candidates to the positions of judges.
It was also decided to dismiss 194 judges from their positions on general grounds. Seven judges were dismissed under special circumstances (commitment of a substantial disciplinary offense, gross or systematic neglect of duties which is incompatible with the status of a judge or due to incompatibility with the position held).
Decisions were made on secondment and on extension of term of secondment of 54 judges to 37 courts with an excessive level of court workload.
The First Board of Judges of the First Senate of the Constitutional Court of Ukraine initiated constitutional proceedings on the case under the constitutional petition of the Supreme Court on verification of compliance with the Constitution of Ukraine of certain provisions of the Law of Ukraine “On making amendments to certain legal acts of Ukraine regarding the procedure of election (appointment) to the position of member of the High Council of Justice and the activity of disciplinary inspectors of the High Council of Justice” (No. 1635-IX) and amended by it norms of the Law of Ukraine “On the High Council of Justice”.
The case is currently being prepared for consideration at the plenary session of the Grand Chamber of the Court. In this regard, the High Council of Justice by decision No. 53/0/15-22 approved the clarifications on this case.
The HCJ decided to dismiss in connection with the submission of application for resignation:
Vasylchenko Olena Heorhiivna – from office of judge of the Zhovtnevyi district court of Mariupol of Donetsk region;
Honchar Lubov Yaroslavivna – from office of judge of the High Administrative Court of Ukraine.
The HCJ decided to suspend resignation of judge Hanna Bilyk
At a meeting on February 8, 2022, the HCJ decided to terminate resignation of the judge Hanna Bilyk in connection with the entry into force of conviction against her for committing an intentional crime. Termination of a judge's resignation is a ground for terminating the payment of the monthly lifetime allowance accrued in connection with the resignation. A copy of the decision of the Council will be sent to the Pension Fund of Ukraine.
The HCJ analyzed the activities of which judges were most often interfered with in 2021
Over the past year, the HCJ received 275 reports on interference in the professional activities of judges in the administration of justice, on actions that violate the guarantees of judicial independence or undermine the authority of justice. The indicated number of messages is 19% less than in 2020.
In particular, 242 reports were received from judges of local courts, 27 reports – from judges of courts of appeal, and 6 reports from judges of the Supreme Court and the High Anti-Corruption Court.
According to the analysis, the number of reports of interference in the activities of a judge in the administration of justice in the regional context is as follows. More reports came from courts located in Kyiv and the Kyiv region (58). The second place in terms of number of appeals sent is occupied by the courts of Dnipro and Dnipropetrovsk region (33), the third place is taken by the courts of Kharkiv and Kharkiv region (32). The lowest number of those reports was received by the High Council of Justice from judges of Chernivtsi, Ternopil and Kirovohrad regions.
President of Ukraine appointed 28 judges to local general courts
The Decree dated February 8, 2022 No. 42/2022 was promulgated, by which the President of Ukraine Volodymyr Zelenskyi supported submission of the HCJ on appointment of 28 judges to the positions in local general courts.
The HCJ decided to agree on the redistribution of state budget expenditures in order to promptly resume the work of the Lyubomlskyi district court of Volyn region after the fire as soon as possible.
In order to resume the work of the court, the HCJ decided to agree on the redistribution of state budget expenditures according to the codes of economic classification of expenses 2210 “Items, materials, equipment and inventory”, 2240 “Payment for services (except utilities)”, 3132 “Overhaul of other facilities” and 3142 “Reconstruction and restoration of other facilities” in the context of courts and territorial departments of the State Judicial Administration of Ukraine for a total amount of UAH 1,108.0 thousand.
Procedure of secondment judges to Volodymyr-Volynskyi local court of Volyn region has began
The HCJ, according to decision of February 8, 2022, № 100/0/15-22 announces the beginning of the procedure for seconding judges to another court of the same level and specialization for the administration of justice, namely, two judges to Volodymyr-Volynskyi local court of Volyn region:
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.
On February 9, 2022, the Ethics Council initiated simultaneous evaluation of 14 current members of the High Council of Justice.
At the same time, the evaluation of candidates for vacant positions by the Ethics Council has not begun – the Ethics Council has changed the previously scheduled dates for interviews with candidates, setting a new schedule so as to first evaluate the current members of the HCJ. Despite the fact the Law No. 1635-IX provides that the procedure and priority of evaluation are determined by the Ethics Council, taking into account the possibility of performing powers by the HCJ.
Such an approach on the part of the Ethics Council has no legitimate purpose, as it results a violation of the principle of institutional continuity of the HCJ.
Given that despite the critical limit of the HCJ’s plenipotentiary and contrary to the imperative requirements of the law, the Ethics Council initiated such procedures primarily for all current members of the HCJ at once; this forces the majority of the members of the HCJ to early resignation.
The HCJ decided to return to the Acting Head of the State Judicial Administration of Ukraine to finalize the issue of determining the maximum number of the SJA employees.
To remunerate the staff of the Secretariat of the Ethics Council, the SJA asks to redistribute and increase budget allocations by UAH 9705,8 thousand from the resources accumulated in the judicial remuneration fund for newly appointed judges and dismissed judges.
The HCJ indicated the SJA to the expediency of applying to the lower-level budget administrations in the system of the SJA of Ukraine, in particular the HQCJU, which is not currently formed, on a secondment of their civil servants (actual number is 149) to the SJA of Ukraine, or to involve employees of territorial departments of the SJA in the performance of relevant tasks (actual number 490).
The HCJ took measures to ensure the independence of judges and the authority of justice, having considered notifications of the Deputy Head of the Territorial Department of the State Judicial Administration of Ukraine in the Volyn region Svitlana Demchuk and the Head of the Volyn Court of Appeal Viktor Haponchuk on extraordinary incident that occurred in the Lyubomlskyi district court of Volyn region. The HCJ decided to address to the Court Security Service to urgently take measures provided by the law to strengthen the personal security of judges and protect the premises of the Liubomlskyi district court of Volyn Region.
The Council has also 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 fact of incident in the court on January 15, 2022.
Administration of justice has been restored in the Avdiivskyi local court of Donetsk region
On February 11, 2022, a solemn meeting on the occasion of the restoration of administering justice in the Avdiivskyi local court was held in Donetsk region.
Since January 20, 2022, the work of the Avdiivskyi local court of Donetsk region has been resumed after forced almost eight-year break caused by active hostilities in the East of the country, after adopted decision of the HCJ on secondment of a judge Serhii Pronin to the Avdiivskyi court for a period of one year. As a result, citizens will be able to protect their rights in the court that has not worked since 2014.
The celebration event on the occasion of the resumption of the court's work was attended by the High Council of Justice member Vitalii Salikhov, the President of the Supreme Court Vsevolod Kniaziev, heads of the State Judicial Administration, the Court Security Service, judges of the Supreme Court, representatives of the Council of Judges of Ukraine, law enforcement bodies, local government authorities, military authorities.