HCJ members discussed issues on resumption of consideration of disciplinary complaints
HCJ members Vitalii Salikhov and Oksana Blazhivska participated in a working meeting, aimed at searching for ways to resume conducting disciplinary proceedings against judges.
After changing the legislation, the HCJ and its disciplinary bodies for more than ten months have been deprived of the opportunity to carry out disciplinary proceedings against judges, and also consider complaints on decisions in disciplinary cases. “It is necessary to make amends to the legislation and grant the HCJ Chairman (Acting Chairman) the right to approve the structure, the staff list of the HCJ (the position of a disciplinary inspector currently does not exist); the Regulation on the disciplinary inspectors’ service; appoint the Deputy Head of the HCJ Secretariat – Head of the disciplinary inspectors’ service. Or grant such right to the Head of the HCJ Secretariat”, – Vitalii Salikhov said.
The HCJ member Oksana Blazhivska emphasized that after suspension at the beginning of August 2021 the consideration of disciplinary cases by the HCJ, there is no actual control after judges’ misconduct in the judicial system. The HCJ has stored a considerable amount of disciplinary complaints – as of July 12, 2022, there are 5 968 of them, 4 651 of them have been received from the moment the HCJ was deprived of the authority to consider complaints, after August 5, 2021.
Oksana Blazhivska suggested considering the possibility of implementation on the legislative level of certain filters that could give the possibility to deselect complaints that do not concern the real disciplinary offenses. She also paid attention that the HCJ systematically publishes the generalization of practice of consideration of complaints that points to the openness of the Council to the discussion of problematic and debatable issues of the disciplinary liability to bring it in line with the best European and world practices and standards.
The members of the Commission approved the new period of filing application forms, namely: from July 15, 2022, till August 22, 2022, inclusive. Applications that were submitted before the moment of suspension of competitive procedures are considered valid, as well as the documents, attached to mentioned applications. During its meeting, the Commission approved the changes that will contribute to its work in the conditions of martial law in Ukraine.
In the second stage, an interview with selected candidates will be held, by the results of which, the Selection Commission should select and transfer to the consideration of the HCJ at least two candidates for each of the 16 vacancies, whom it will recommend for appointment by the High Council of Justice. The HCJ will appoint 16 members of the HQCJU.
The appointment of members of the HQCJ of Ukraine is a very important component of the judicial reform, as it will allow renewing the work of the HQCJ on the selection of judges to fulfill the judicial corps and to finish the qualification evaluation of current judges.
Oksana Blazhivska outlined problems that are relevant for judicial governance bodies and courts
HCJ member Oksana Blazhivska participated in an online marathon “Business under martial law” organized by the Ukrainian Advocates’ Association.
She noted that the judiciary, judicial governance bodies, advocacy, notary have not terminated their work. Even in such conditions, uninterrupted access to rights and freedoms of citizens is ensured.
Oksana Blazhivska emphasized that for restoration of trust in justice in conditions of martial law, it is important that simultaneously with the change in approaches to the formation of the HCJ and the HQCJU, there should also be changes in the minds of citizens, lawyers, business representatives and a reassessment of society's attitude to the judiciary.
The HCJ member touched on the topic of disciplinary liability of judges, focused attention on the necessity of restoration of HCJ powers, and also noted that the HCJ supports the initiatives, set out in the draft law No. 7315 “On making amendments to the Law of Ukraine “On the judiciary and the status of judges” on conducting judicial proceedings in conditions of martial law or state of emergency”.
Oksana Blazhivska emphasized that ensuring the stable work of the judiciary – is a joint task for all state bodies and society. Coordinated and effective work of all bodies and institutions of the justice system will certainly promote the increment of the level of trust to the court.
On July 15, 2022, the HCJ secretariat finished the transfer to the Council of Judges of Ukraine and the Ethics Council conclusions on the compliance of candidates for position of a member of the High Council of Justice and their documents to requirements, established in the Law of Ukraine “On the High Council of Justice” concerning candidates who are to be elected by XIX extraordinary congress of judges of Ukraine.
By the results of the work done, all 46 candidates were found eligible with requirements, established in the Law of Ukraine “On the High Council of Justice”. At the same time, document packages of two out of 46 candidates do not meet the requirements, established in the Law of Ukraine “On the High Council of Justice”.
The further destiny of candidates will be determined by the Ethics Council and the congress of judges of Ukraine.
The announcement on the renewal of the first competition for filling vacant positions of members of the HQCJ of Ukraine has been published in the “Holos Ukrainy” newspaper No. №148 (7898) of July 20, 2022.
You can study the documents of the Selection Commission on the HCJ website by link. The documents from persons who are willing to participate in the competition are accepted from July 15, 2022, till August 22, 2022, inclusive.
On July 17, 2022, the President of Ukraine made an important statement on the detection of cases of treason and collaborative activity among employees of prosecutor's offices, pre-trial investigation bodies and other bodies.
The HCJ supports the position of the President of Ukraine on the need for inspection by state authorities on the subject of collaborative activities within such structures.
The High Council of Justice receives disturbing information about representatives of the judiciary, which is subject to clarification. However, according to the current legislation, which was developed for peacetime conditions, it is impossible to act effectively without introducing legislative changes.
Heads of bodies of the judicial system, heads of courts, judges, especially retired judges, and employees of court apparatus are under the constant supervision of the society, that is why they are subject to inspection for treason, collaborative activity, dual citizenship or citizenship of another state with the involvement of relevant authorities.
Taking into account forced inaction due to the absence of the constitutional quorum, the HCJ is worried about the impossibility of exercising legal powers of the Council, in particular: the suspension of a judge from administering justice and giving consent on his/her arrest, that is directly provided by Article 131 of the Constitution of Ukraine.
Understanding that the legal procedure of selection/appointment of new HCJ members requires time, we draw the attention of subjects of the legislative initiative to the need for immediate delegation of partial powers of the HCJ to the President of the Supreme Court ex officio, or temporary restoration of the Council’s functioning in the existing composition.
The HCJ realizes that delegation of such powers to the President of the Supreme Court or restoration of work of the Council without a quorum does not fully comply with the norms of the Constitution of Ukraine, however, it does not contradict the Convention on the Protection of Human Rights and Fundamental Freedoms, as such restrictions stand guard over the steadfastness of trust in judicial institutions, the guaranteed right to a fair trial and the inviolability of the integrity of the state.
In today's terrible conditions, this is the only possible mechanism for the state's immediate response to cases of collaborative activity and treason in the judiciary, since no law enforcement agency has such powers.
The High Council of Justice calls the legislator to urgently adopt changes to the current legislation in terms of identifying and preventing similar cases among special subjects – judges of Ukraine.
The HCJ asks the legislator and pays attention of judicial self-governance bodies on the need to bring the norms of the legislation into line with the constitutional guarantees of judges, who are currently in the ranks of the Armed Forces of Ukraine and other military formations.
The issues on saving judicial remuneration and the place of work of judges who defend the country, currently have not been legally regulated. In connection with this, the HCJ draws the attention of the legislator to the need to immediately regulate these issues for ensuring the inviolability of constitutional guarantees of judges.
Currently, it is important to bring in line the legislative norms that should regulate the guarantees of judges, who serve in the Armed Forces and other military formations.