Hryhorii Usyk: Disciplinary function of the HCJ has to be restored
In the interview with NA “Ukrinform”, the HCJ Chairman Hryhorii Usyk noted that for the time of lack at the HCJ of a disciplinary function, meaning that during the time when the Council did not carry out proceedings against judges on disciplinary complaints, more than 9 thousand complaints on judges were accumulated since 2021.
“The HCJ’s impossibility of exercising disciplinary function probably also contributes to such situations where judges appear in corruption cases”, – emphasized Hryhorii Usyk.
The HCJ satisfied the request of the Prosecutor General’s Office and temporarily, till September 3, 2023, suspended the judge of the Yakymivskyi district court of Zaporizhzhia region Fedorets Svitlana Volodymyrivna, who was seconded to the Zvenyhorodskyi district court of Cherkasy region, from administering justice due to bringing her to criminal liability. The HCJ granted its consent for keeping judge Svitlana Fedorets in custody till July 5, 2023.
Svitlana Fedorets is suspected of committing a criminal offense, provided by part 3 of Article 436-2 of the Criminal Code of Ukraine, namely in justification, denial of armed aggression of the russian federation against Ukraine, started in 2014, justification, recognition of temporary occupation of part of Ukrainian territory legitimate, committed by an official repeatedly, which is punishable from 5 to 8 years of imprisonment with confiscation of property.
On July 10, 2023, after considering the submission of Deputy Prosecutor General Anton Voitenko on granting consent for keeping in custody judge of the Briankivskyi city court of Luhansk region Snehiriov V.A., the HCJ decided to return the submission as powers of Snehiriov V.A. as a judge have been stopped since the receiving of citizenship of the rf, namely since July 13, 2020.
According to the submission, on the grounds of evidence gathered, Snehiriov V.A. was notified with the suspicion in accordance with part 4 of Article 190 of the Criminal Code of Ukraine for such actions as taking someone else's property by deception (fraud), committed in large amounts, for which a penalty from five to twelve years of imprisonment with confiscation of property is provided.
According to the current legislation powers of the judge shall be terminated in case of termination of Ukrainian citizenship or acquisition of citizenship of another state.
192 judges were dismissed during the 1st half of 2023
During January – June 2023, 191 judges were dismissed on general grounds:
- 178 judges were dismissed due to filing of their applications for resignation;
- 13 judges were dismissed due to filing applications for dismissal by their own will.
On special grounds the HCJ decided to dismiss 1 judge – for committing a significant disciplinary offense.
Hryhorii Usyk: There definitely will be changes in the process of selection of judges
This was stated by the HCJ Chairman Hryhorii Usyk in his interview with NA “Ukrinform”. He reiterated the belief that the current procedure of judges’ training is quite onerous and expensive. Currently, after passing the test and practical assignment, the additional training in the NSJU continues for one more year.
According to Hryhorii Usyk, more attention should be paid to practical training, and, possibly, an internship in court proceedings should be provided.
Five judges resigned
On July 11, 2023 the HCJ decided to dismiss due to the submission of applications for resignation:
- Frantovska Tetiana Ivanivna – from the office of the judge of the High specialized court of Ukraine on civil and criminal cases;
- Lichevetskyi Ihor Oleksandrovych – from the office of the judge of the Sixth appellate administrative court;
- Tsyhura Nina Andriivna – from the office of the judge of the Sribnianskyi district court of Chernihiv region.
On July 13, 2023 the HCJ decided to dismiss due to the submission of applications for resignation:
- Chornohuz Mykhailo Heorhiiovych – from the office of the judge of the Northern commercial court of appeal;
- Chumachenko Tetiana Anatoliivna – from the office of the judge of the Supreme Court.
During January – June 2023, the HCJ considered 114 notifications on interference in the professional activity of judges
During the 1st half of 2023 the HCJ received 78 notifications on interference in the professional activity of judges regarding administering justice on actions that violate safeguards of independence of judges or undermine the authority of justice. Taking into account notifications that were filed in previous periods, the HCJ has considered 114 notifications of judges since the beginning of the year.
HCJ approved the redistribution of expenses for financing priority needs of the judiciary
The HCJ approved the redistribution of state budget expenses, aimed at increasing expenses for the Kherson appellate court and Mykolaiv appellate court, including some other priority needs – provision of salaries for employees of court apparatuses who exercise their powers directly in the territories of active hostilities and possible hostilities, and also on financing separate consumption expenses of local general courts of Kyiv region.
At its every session, the HCJ considers 4–5 applications of judges for resignation. This was stated by the HCJ Chairman Hryhorii Usyk in the interview with NA “Ukrinform”.
Hryhorii Usyk suggested that the HQCJU will be able to align a personnel imbalance within a year and a half.
“In my subjective opinion it is possible to align the imbalance between dismissals and appointments within a year. Why such a prognosis? Because in case of appointment of more than 360 judges, whose five-year term powers expired, their tests still have to be checked by the HQCJU, and according to my calculations, within this time around 350 other judges will resign, and this will align nothing. The procedures of appointment judges and holding a new competition will take at least half a year”, – said the HCJ Chairman.
During six months of 2023 the HCJ made:
- 7 decisions on the satisfaction of requests of the Prosecutor General’s Office for temporary suspension or continuation of the suspension term of a judge from administering justice until entering into force of the court verdict or closing of the criminal proceeding;
- 3 decisions on the partial satisfaction of a request of the Prosecutor General’s Office for temporary suspension of a judge from administering justice due to bringing a judge to criminal liability;
- 1 decision on denial in satisfaction of a request of the Prosecutor General’s Office for temporary suspension of a judge from administering justice;
- 1 decision on returning without consideration a request of the Prosecutor General’s Office for temporary suspension of a judge from administering justice due to bringing a judge to criminal liability.
HCJ approved changes to the Procedure of maintenance of the Unified state register of court decisions
On July 11, 2023, the HCJ approved changes to the Procedure of maintenance of the Unified state register of court decisions, among which are such changes as granting permission for full access to the Register for the Economic Security Bureau of Ukraine and the Ministry of Defense of Ukraine, setting the deadline for publication of court decisions of the High Anti-Corruption Court, made as a result of consideration of administrative claims on the application of sanctions.
Hryhorii Usyk: War does not stop judiciary
This was emphasized by the HCJ Chairman Hryhorii Usyk at the XI International judicial and legal forum. In his report, HCJ Chairman noted that the war is a challenge to the state, the Ukrainian people, including the judicial system. During martial law, the administering of justice did not stop, in particular, in 2022, the courts considered more than 2 million cases. The administering of justice was terminated only on currently occupated territories or in the area where active hostilities are taking place. Due to this reason, the jurisdiction of 171 courts was changed, judges were seconded to courts that operate on the controlled by Ukraine territory.
“15 courts are completely destroyed, 116 courts out of 777 currently existing, meaning 15%, have different grades of damages. According to preliminary calculations, it is needed more than 1,8 billion UAH to restore courts. During 2022, emergency works on restoration have already been carried out in 54 courts. Unfortunately, a safety issue remains topical, as there are only 63 shelter stationary objects in courts”, – emphasized Hryhorii Usyk.
HCJ shall act as an ideologist for development of the judiciary – Oleksandr Sasevych
This was emphasized by the HCJ member Oleksandr Sasevych at the XІ International judicial and legal forum during the session aimed at the topic of personnel provision of justice.
In his report, Oleksandr Sasevych reminded that one of the main tasks of the High Council of Justice was the appointment of the full composition of the HQCJU. The selection was held transparently and publicly, interviews were conducted live.
“We strive that the standard that was implemented during the selection and interview with candidates to the HQCJU was used in the further practice for the selection of candidates to the position of a judge”, – said O. Sasevych.