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Digest of events of the High Council of Justice for July 29 – August 9, 2024

12.08.2024

11 judges resigned

HCJ decided to dismiss 11 judges due to their applications for resignation, namely:

  • Sokolovska Tetiana Oleksiivna – from the office of the judge of the Sharhorodskyi district court of Vinnytsia region;
  • Ivanchenko Alla Mykolaivna – from the office of the judge of the Illichivskyi district court of Mariupol of Donetsk region;
  • Valieieva Taliia Emirivna  – from the office of the judge of the Commercial court of Ivano-Frankivsk region;
  • Krylova Olena Viktorivna – from the office of the judge of the Zaporizhzhia appellate court;
  • Kovalchuk Volodymyr Dmytrovych – from the office of the judge of the Volynskyi circuit administrative court;
  • Hetman Liubov Vasylivna – from the office of the judge of the Kupianskyi city district court of Kharkiv region (seconded to the Chervonozavodskyi district court of Kharkiv);
  • Yevdokimova Olena Pavlivna – from the office of the judge of the Shostkynskyi city district court of Sumy region;
  • Martynyshyn Mariia Oleksiivna – from the office of the judge of the Frankivskyi district court of Lviv;
  • Tolkachenko Oleksandr Oleksandrovych – from the office of the judge of the Odesa appellate court;
  • Koshyk Andrii Yuriiovych – from the office of the judge of the Commercial court of Kyiv region;
  • Vasylkiv Olena Vasylivna – from the office of the judge of the Kyivskyi district court of Odesa.

 

HCJ once again postponed the resumption of work of the Bilozerskyi district court of Kherson region

Because of the security situation in Kherson region, on July 30, 2024, the HCJ made a decision to postpone the resumption of work of the Bilozerskyi district court of Kherson region till November 1, 2024.

Kherson city court of Kherson region will continue the consideration of cases, received till October 31, 2024, inclusive.

 

HCJ members and Secretariat employees pondered about values and their nature with philosopher and writer Taras Liutyi

Ukrainian philosopher, writer, professor of the department of philosophy and religious studies of the National University of Kyiv Mohyla Academy Taras Liutyi held a moderated discussion “Values as a guideline for thinking” for the members of the High Council of Justice and employees of the Secretariat. The event was initiated by the EU Project “ПРАВО-JUSTICE III”.

 

Guidelines on practice of the EU Court of Justice on rule of law issues was presented

Download the Guidelines

 

Since the beginning of 2024 160 judges were dismissed

During January – July 2024 the HCJ made decisions on the dismissal of 160 judges:

141 judges were dismissed on general grounds:

  • 134 judges were dismissed due to the submission of applications for resignation;
  • 7 judges of local courts were dismissed due to the submission of applications on their own volition.

On special grounds 19 judges were dismissed.

 

HCJ dismissed judge of the Administrative Cassation Court within the Supreme Court for committing a significant disciplinary offence

On August 6, 2024, the HCJ made a decision to dismiss judge of the Administrative Cassation Court within the Supreme Court Vsevolod Kniaziev based on item 3 part 6 of Article 126 of the Constitution of Ukraine.

The realization of this procedure was carried out on the grounds of the submission of the First Disciplinary Chamber of the HCJ on dismissal of the judge from the office for committing a significant disciplinary offence, that is incompatible with the status of a judge or has revealed his incompatibility with the position held (part 8 of Article 109 of the Law of Ukraine “On the Judiciary and the Status of Judges”).

 

HCJ dismissed judge of the Makarivskyi district court of Kyiv region for committing a significant disciplinary offence

On August 6, 2024, the HCJ made a decision to dismiss judge of the Makarivskyi district court of Kyiv region Oleksii Tandyr  based on item 3 part 6 of Article 126 of the Constitution of Ukraine.

The realization of this procedure was carried out on the grounds of the submission of the Second Disciplinary Chamber of the HCJ, which decided to bring judge of the Makarivskyi district court of Kyiv region Oleksii Tandyr to disciplinary liability and apply to him a disciplinary penalty in the form of the submission for dismissal of a judge from the office held for committing a significant disciplinary offence, gross or systematic neglect of duties that is incompatible with the status of a judge or has revealed his incompatibility with the position held (part 8 of Article 109 of the Law of Ukraine “On the Judiciary and the Status of Judges”).

 

During January – July 2024 the HCJ took decisions on making submissions to the President of Ukraine on appointment 399 judges

During seven months of 2024, the HCJ took decisions on making submissions to the President of Ukraine on the appointment of 399 judges to local courts, in particular:

  • 350 judges — to local general courts;
  • 28 judges — to local administrative courts;
  • 21 judges — to local commercial courts.

 

HCJ dismissed judge of the Lysychanskyi city court of Luhansk region, seconded to the Slavutskyi city district court of Khmelnytskyi region, for committing a significant disciplinary offence

On August 6, 2024, the HCJ made a decision to dismiss judge of the Lysychanskyi city court of Luhansk region, seconded to the Slavutskyi city district court of Khmelnytskyi region, Andrii Berezin based on item 3 part 6 of Article 126 of the Constitution of Ukraine.

The realization of this procedure was carried out on the grounds of the submission of the Second Disciplinary Chamber of the HCJ, which decided to bring Andrii Berezin to disciplinary liability and apply to him a disciplinary offence in the form of dismissal a judge from the office.

 

During January – July 2024 the HCJ has considered 159 notifications on interference in the professional activity of judges

During seven months of 2024, the HCJ received 147 notifications on interference in the professional activity of judges regarding administering justice and actions that violate the guarantees of judicial independence or undermine the authority of justice. Considering the previously received notifications, the HCJ considered 159 notifications from judges since the beginning of the year.

By the results of consideration of 64 notifications on interference in the activity of judges regarding administering justice, 63 decisions were made on taking response measures.

Having considered 95 notifications from judges, the Council made 25 decisions on approval of 86 opinions of HCJ members on the absence of grounds to take measures to ensure judicial independence and the authority of justice.

The HCJ made 3 decisions by its initiative within its powers on taking measures regarding ensuring judicial independence and the authority of justice.

 

Judge of the Donetsk circuit administrative court Liudmyla Arestova is temporarily suspended from administering justice based on the decision of the Third Disciplinary Chamber of the High Council of Justice

The decision to bring the judge to disciplinary liability and apply a disciplinary sanction to her in the form of the submission for dismissal from the office was made by the Third Disciplinary Chamber of the HCJ on August 7, 2024. According to part seven of Article 49 of the Law of Ukraine “On the Judiciary and the Status of Judges” and part two of Article 63 of the Law of Ukraine “On the High Council of Justice”, taking into account the decision made by the Third Disciplinary Chamber of the HCJ, the judge of the Donetsk circuit administrative court Arestova Liudmyla was suspended from administering justice.

 

HCJ clarified the requirements for issuing applications, complaints, notifications, appeals

The HCJ  made a decision to make amendments and additions to the Rules of Procedure of the High Council of Justice.

More details – at the link.

 

VRU Legal Committee supported an initiative on development of a draft law on  establishing additional payments for judges working in frontline areas

On August 8, 2024, HCJ member Yuliia Bokova and employees of the Secretariat participated in the meeting of the Verkhovna Rada Committee on Legal Policy. In particular, the Committee entrusted the working group on ensuring proper funding of the judiciary and justice subcommittee to prepare the draft law on making amendments to the Law of Ukraine “On the Judiciary and the Status of Judges” on establishing additional payments to judges' salaries for administering justice in the hostilities territories.

As mentioned the Committee member Serhii Demchenko, the following additional payments are offered: on the territories of active hostilities – 15% to the salary; on the territories of possible hostilities – 10% to the salary. Judges of 86 courts will be entitled to additional payments, in particular in Zaporizhzhia, Mykolaiv, Sumy, Kharkiv, Kherson, Donetsk regions. The funds for this purpose may be redistributed from the excess revenues from the court fee.

Yuliia Bokova noted the importance of such a proposal, as this will help motivate judges appointed to local courts to choose to work in courts in frontline areas. If funding can be ensured through court fees, Yulia Bokova believes that the HCJ may support such an initiative.

More details – at the link.

"Yurydychna praktyka"