Vitalii Salikhov participated in a discussion of urgent issues for the judicial system
The Acting Chairman of the HCJ Vitalii Salikhov, together with the leadership of the judicial system, took part in the working meeting on urgent issues of the judicial system in the conditions of the full-scale war. He emphasized that currently, the issue of forming the plenipotentiary composition of the HCJ to execute constitutional functions and the restoration of the work of the HQCJ of Ukraine is acute.
“There are only 15 candidates for the position of HQCJ member. And in order to launch the process, there should be at least 32. If the HQCJ is not formed, then the initiated staff procedures will not be finished and the selection will not be renewed, and it will not be possible to fill in the vacancies in courts of the first and appellate instances”, – he stressed. Taking the opportunity, Vitalii Salikhov addressed the heads of courts of cassation and appeal and called on making an effort with judges to more actively run for membership in the HQCJ.
Also, according to the Acting Chairman of the HCJ, approaches to transferring a judge should be adapted to the critical conditions of today.
The HCJ Secretariat conducted a complex generalization of the practice of consideration by the Council petitions on temporary suspension of judges from administering justice due to bringing to criminal liability and the prolongation of terms of such temporary suspension in 2016-2021.
The document includes:
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analysis of legal basis for consideration of petitions on temporary suspension of judges from administering justice due to bringing to criminal liability and the prolongation of terms of such temporary suspension;
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position of the Constitutional Court of Ukraine, the Committee of Ministers of the Council of Europe on issue of independence and immunity of judges and their liability;
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general review of the practice of consideration of mentioned petitions by the High Council of Justice;
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detailed analysis of made by the HCJ decisions by the results of consideration of petitions;
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information on appealing these decisions.
While making such decisions, the HCJ takes into account proportionality between principles of independence and immunity of judges, and the consequences of the temporary suspension of judges from administering justice.
The Council of prosecutors of Ukraine notified the HCJ Secretariat about the date and place of holding the IV extraordinary All-Ukrainian prosecutors’ conference, the agenda of which includes an issue on the selection of members of the High Council of Justice.
The date of holding the conference – August 26, 2022. The venue – premises of the Prosecutor General Office (Kyiv, Riznytska street 13/15).
According to the Law of Ukraine “On the High Council of Justice”, the HCJ Secretariat announces the reception of documents from candidates to be elected as HCJ member by the All-Ukrainian prosecutor’s conference.
The reception of documents of the candidate for the position of HCJ member has begun on July 4, 2022, at the address: Kyiv, Studentska street 12-а. The reception of documents will be terminated at 24:00 on July 26, 2022, if documents are filed in electronic form, or at 17:00 on July 26, 2022, if documents are filed personally.
The list of candidates to be elected to the position of HCJ member by quota of the All-Ukrainian prosecutors’ conference will be published in the section “Candidates to the HCJ composition” in the order of receipt of applications and other documents from candidates
MES agreed the continuation of holding the Congress of scholars in August
MES of Ukraine notified the HCJ about the support and approval of the proposal of the Organizational committee of the Congress of representatives of legal higher educational institutions and scientific institutions to continue holding the Congress.
On December 10, 2021, the Congress of representatives of legal higher educational institutions and scientific institutions started its work. However, as the opinion on each candidate and list of candidates, recommended by the Ethics Council to be elected to the position of the HCJ member, as of the beginning of the Congress were not received, a break in its work was announced.
The Organizational committee suggested continuing the work of the Congress on August 19, 2022, in the premises of the Poltava institute of law of the Yaroslav Mudryi National Law University at the address: Poltava, Pershotravnevyi avenue 5. Currently holding a gathering in a predetermined place - in Kharkiv, is dangerous for its participants due to the proximity to the combat zone.
Ways of settlement of issues on restoration of powers of “five-year term judges” and publication of advisory opinions of the HCJ on the Parliament’s website have been determined
During the discussion at the meeting of the working group in the Verkhovna Rada Committee on legal policy of the issue of restoration of powers of judges who do not administer justice due to the expiration of the five-year term for which they were appointed, HCJ member Inna Plakhtii noted that the HCJ approvingly responded to relevant draft laws ((No. 5889 and No. 4505). However, taking into account that these draft laws suggest settlement also other issues, that can complicate the process of their approval, HCJ member considers it appropriate to register a new draft law.
“If we agreed on the urgent settlement of an issue on “five-year term judges”, without affecting other issues now, more appropriate on the basis of two registered draft laws, as well as the document developed jointly by our working group, to develop and register a new short point project, which will regulate mentioned problem”, – said Inna Plakhtii.
Such approach was supported by the rector of the National School of Judges of Ukraine Mykola Onischuk and the Chairman of the Board of the Association for the Development of Judicial Self-Government of Ukraine Dmytro Bezdolia. The People’s Deputy of Ukraine Serhii Demchenko emphasized that this problem needs to be solved urgently.
Therefore, the members of the working group agreed to jointly prepare the final version of the new draft law, involving international partners from Council of Europe projects.
The HCJ Secretariat regularly and gradually provides the Ethics Council and the Council of Judges of Ukraine with conclusions on compliance of the candidate for the position of HCJ member and his/her documents with the requirements established by the Law on candidates for the position of a member of the Council, who will be selected by XIX extraordinary congress of judges of Ukraine.
The Law of Ukraine “On the legal regime of martial law” suspended special inspections during martial law. Considering the importance of restoration of work of the HCJ and aiming to ensure the formation of a body of persons of impeccable reputation, the HCJ Secretariat addressed the state authorities that are involved in the process of special vetting, with the request to conduct the inspection. Some of them were understanding and provided answers to requests of the Secretariat. However, the National Securities and Stock Market Commission refused to conduct the inspection.
Due to this, it is not possible for the HCJ Secretariat to draw up certificates on the results of a special inspection, and accordingly, conclusions on the results of a special inspection, regarding candidates for the positions of members of the High Council of Justice.
At the same time, with the aim of facilitating the prompt, quality and comprehensive performance of its powers by the Ethics Council, the HCJ Secretariat has sent all available copies of answers from state authorities, received in the process of a special inspection of candidates to positions of members of the High Council of Justice.
On July 13, 2022, an official Commission meeting will be held in Poland, where the most important changes in the rules of competition will be discussed: terms, procedure, conditions of the competition.
“All members of the Selection Commission of the HQCJ recognize that the continuation of the judicial reform is of the utmost important task for supporting the democratic values in Ukraine and entering Ukraine into the EU. At this difficult time our obligation is to do everything possible to continue holding the competition for positions of members of the High Qualification Commission of Judges of Ukraine on principles of impartiality, transparency, professionalism, independence and integrity,” – note members of the Commission.
It should be reminded that the first composition of the Selection Commission was appointed on September 17, 2021, by the order of the Acting Chairman of the HCJ in accordance with the amends to the Law of Ukraine “On the judiciary and the status of judges”.
Activity of the HCJ Secretariat in figures in January-June, 2022
During the first half of 2022, the Secretariat of the High Council of Justice has considered 874 appeals from citizens, and also 126 information requests.
Apart from that, since the beginning of 2022 1 230 appeals from citizens were received by HCJ “hotline”: (044) 481-06-26.
For the mentioned period of 2022 889 cover letters on sending copies of acts adopted by the HCJ and its bodies were prepared, 4 374 copies of acts of the HCJ, its bodies and HCJ members were issued, 1,792 pages of draft documents of the HCJ were edited.
On the official website of the High Council of Justice 9 142 HCJ acts were published, 157 news were prepared and published; on the HCJ telegram channel and on the HCJ page on Facebook – more than 700 information notices.