1. During the first five months of 2021, the HCJ has considered 145 notifications on interference in the activity of judges
For this period the HCJ has received 130 notifications on interference in the professional activity of judges regarding administering justice, on actions that violate guarantees of independence of judges or undermine the authority of justice. 145 notifications have been considered (including those notifications that were received for previous periods).
By the results of consideration of 48 notifications on interference in the activity of judges regarding administering justice 38 decisions on taking response measures were made (addressing prosecutor’s offices and law enforcement agencies on providing information on the disclosure and investigation of crimes; making submissions to relevant bodies or officials on identification and prosecution of persons who have committed acts or committed inaction, etc.).
By the results of consideration of 97 notifications of judges, were made 20 decisions on approving 89 opinions of the HCJ members on the lack of grounds for taking measures to ensure the independence of judges and the authority of justice.
2. The work on the Annual report on ensuring the independence of judges in Ukraine continues at the HCJ
“The Annual report on ensuring judicial independence in Ukraine is an effective and efficient instrument for the protection of judicial independence and the authority of justice, as this comprehensive document determines not only problematic issues of the judiciary but also the ways of their elimination”, – this was emphasized by the acting Chairman of the High Council of Justice Oleksii Malovatskyi during the meeting of the Standing Committee of the HCJ on the preparation of the Annual report on the status of ensuring the independence of judges in Ukraine.
Regarding the legislative regulation of the state of judicial independence, the judiciary and the status of judges Oleksii Malovatskyi suggested indicating in the document that the HCJ repeatedly appealed to the Verkhovna Rada of Ukraine with an initiative to publish the advisory opinions of the High Council of Justice to the draft laws on the website of the Parliament and make appropriate amendments to the Rules of Procedure of the Verkhovna Rada of Ukraine.
According to the current legislation, the HCJ prepares the annual report on ensuring judicial independence in Ukraine in cooperation with judicial self-governance bodies, other bodies and institutions of the justice system, public associations.
This was emphasized by the acting Chairman of the HCJ Oleksii Malovatskyi at the second meeting of the Coordinative committee on issues regarding the realization and implementation of a digital project in the justice sphere.
Oleksii Malovatskyi noted the necessity of speeding up the process of implementation of electronic court summons and notifications because as of June 25, 2021, the High Council of Justice received from more than 220 courts reports about the lack of funds to send notifications to the parties.
Currently, the HCJ systematizes and analyzes comments on the draft Regulation on the Integrated judicial information and telecommunication system. During the meeting, participants discussed the proposals regarding the improvement of the draft of this Regulation, that were received, in particular, from the State Judicial Administration of Ukraine, the Ministry of Justice of Ukraine, the Association of private executors of Ukraine and the Ukrainian national bar association, etc.
“Taking into account that currently the underfunding of the judiciary is more than 60 %, the implementation of IJITS modules is the priority task that will be implemented in the near future”, – noted the acting Chairman of the HCJ Oleksii Malovatskyi.
Acting Chairman of the High Council of Justice Oleksii Malovatskyi took part in celebrations on the occasion of the 25th anniversary of the Constitution of Ukraine.
Commenting on the solemn event, acting Chairman of the High Council of Justice Oleksii Malovatskyi emphasized that a strong country – is when existing the interaction and dialogue of all three branches of power, respect of one another, affirmation of rule of law for each citizen. Strict observance of the provisions of the Constitution should be the norm of everyday life.
5. Resumption of the HQCJU will give the opportunity to stabilize the work of courts
The High Council of Justice greets the adoption by the Parliament of the Law of Ukraine “On making amendments to the Law of Ukraine “On the judiciary and the status of judges” and certain laws of Ukraine regarding the resumption of work of the High qualification commission of judges of Ukraine”. All legal community has been waiting for a year of adopting the Law that will unblock the process of filling courts with staff.
The HCJ in the advisory opinion regarding the draft law No.3711-d emphasized that the lack of judges administering justice and the deficit of personnel in courts is the main problem of the judicial branch of power and state, which needs an immediate solution because as the result of the unreasoned reforming and termination of powers of members of the HQCJU, personnel procedures have been suspended for more than a year and a half, which quite negatively influences the work of the judiciary.
In the reviewed draft law, in general, were taken into account proposals of the High Council of Justice, expressed in advisory opinions, approved by decisions of Council of June 30, 2020, No. 2012/0/15-20 and of December 8, 2020, No. 3404/0/15-20.
The High Council of Justice will make every effort within its authority for forming the HQCJU in the manner prescribed by the Constitution and laws of Ukraine. At the same time, it is important to not only form the composition of Commission but also to approve the plan of work of the body which will include the ending of qualification evaluation, immediate holding of selection of judges to courts of first and appellate instances and the resumption of powers of 389 judges who do not administer justice.
This was stated by the acting Chairman of the High Council of Justice Oleksii Malovatskyi during the discussion of the draft law “On making amendments to certain laws of Ukraine regarding the procedure of election (appointment) to positions members of the High Council of Justice and the activity of disciplinary inspectors of the HCJ” at the meeting of the Verkhovna Rada Committee on legal policy.
He expressed gratitude to parliamentarians who raise issues regarding the constitutionality of the draft law.
Talking about the possibility of suspension of the HCJ member from performance of duties, Oleksii Malovatskyi emphasized that such procedure is the analog of the criminal and procedural persecution of a person. “In case of adoption of the draft law, the precedent will be created - grounds for an unlimited possibility to suspend outside the criminal, administrative, disciplinary liability of any person who is in the public service will appear. The Parliament shall understand that a high possibility of termination of functioning of the HCJ appears. The disciplinary function is one of more than twenty functions of the HCJ. The Council has a lot of directions of activity, on which the possibility of administration of justice by courts depends”, – emphasized Oleksii Malovatskyi.
The advisory opinion of the HCJ to the draft law states that attempts to interfere in the activities of the judiciary are traced in it, although in a constitutional democracy, the judiciary and courts do not have to undergo radical changes, as this is an encroachment on the principles of the rule of law, democracy, separation of powers, independence of judges and other constitutional values.
Oleksii Malovatskyi noted that in case of adoption of the law by the Verkhovna Rada of Ukraine, the HCJ will comply with its requirements, although he emphasized that people’s deputies should understand the consequences of approval of proposed novelties and realize the responsibility.
7. Blog of the HCJ member Pavlo Grechkivskyi for “Yurydychna praktyka”:
Four against the world, or the real mission of international experts in the judiciary of Ukraine?
On July 1, 2021, the HCJ made a decision to dismiss due to the submission of applications for resignation:
Maraieva Nataliia Yevhenivna – from the position of the judge of the Kyiv appellate court;
Yastrebova Liubov Viktorivna – from the position of the judge of the First appellate administrative court.
The High Council of Justice at its session on July 1, 2021, made a decision to temporarily, till August 9, 2021, suspend judge of the Dnipropetrovskyi district court of Dnipropetrovsk region Novik Lali Murmanivna from administering justice due to bringing her to criminal liability.
Judge Novik L.M. is suspected of committing a criminal offense, provided by part three of Article 368 of the Criminal Code of Ukraine, meaning in requesting and receiving by an authorized person in the responsible position of improper advantage for himself/herself for committing by such an official of actions in the interests of a third party using the authority and official position granted to him/her in such circumstances.
10. HCJ and EU countries strengthen the cooperation on issues of development of the judiciary in Ukraine
During the working meeting with international partners, the parties discussed the current state of affairs in the judiciary of Ukraine, prospects for the implementation of legislative initiatives and the issue of strengthening further cooperation of the HCJ with EU countries.
“European countries' interest in judicial reform in Ukraine remains high. Western countries are interested in resuming work of the High qualification commission of judges of Ukraine as soon as possible, implementation of electronic services in courts, strengthening institutions for alternative dispute resolution”, – noted the acting Chairman of the HCJ Oleksii Malovatskyi.
Special interest among the partners aroused the draft law No. 5068 “On making amendments to certain laws of Ukraine regarding the procedure of election (appointment) to positions of members of the High Council of Justice and the activity of disciplinary inspectors of the High Council of Justice”.
According to Oleksii Malovatskyi, in case of adopting this draft law in general, the activity of the HCJ can be terminated. In conditions when the HQCJU has not been working for a year and a half, this will lead to a complete collapse of the judiciary. He also noted that the Council did not support this draft law and expressed its warnings in the advisory opinion.
The importance of increasing the institutional capacity of the Council was also discussed during the meeting. In particular, granting the HCJ the right of legislative initiative, right of constitutional submission and the right to appeal to the Constitutional Court of Ukraine regarding the clarification of the legislation on the judiciary and the status of judges.
Judge of the Kharkiv district court of Kharkiv region Oleh Nazarenko notified the High Council of Justice on interference in his activity regarding administering justice.
According to the judge’s information, the Kharkiv district court of Kharkiv region received the petition from lawyer Sh. on satisfying of claims, which stated that the claimant has a personal agreement with judge Nazarenko O.V., that is why the lawyer asks the court to receive a gift – 400$, the copies of which were attached to the petition, and in case of the decision in favor of the claimant, he will make a gift to judge in 4000$.
The HCJ 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 signs of a criminal offense, provided by part three of Article 369 of the Criminal Code of Ukraine, by facts, notified by the judge.
Apart from that, the HCJ decided to address the Qualification and disciplinary commission of the bar of Kharkiv region regarding bringing to the liability established by the law, lawyer Sh. for committing actions that may have signs of interference in activities of judge of the Kharkiv district court of Kharkiv region.
12. Oleksii Malovatskyi: The future of justice – technologies and automatization of judicial proceedings
This was noted by the acting Chairman of the High Council of Justice Oleksii Malovatskyi during the All-Ukrainian online seminar “Artificial intellect: what judges should know”, organized by the National School of Judges of Ukraine.
The acting Chairman of the HCJ reminded that since the end of 2020 the High Council of Justice proceeded to electronic mode of work. In particular, as of now any documents that are sent to the Council can be sent in electronic form through the “E-cabinet” module or can be sent to the official electronic address of the HCJ.
Regarding actual numbers, Oleksii Malovatskyi informed that during five months of this year the HCJ received 8144 documents, of which by email – 6753, through the system of electronic interaction of executive authorities - 953, through the “E-cabinet” module of the “E-court” subsystem – 350.
“Under the HCJ was established the Coordinative committee on issues regarding realization and implementation of a digital project in the justice sphere, who is actively working on the preparation of the IJITS Regulation as soon as possible”, – noted Oleksii Malovatskyi.
According to the acting Chairman of the HCJ, within the cooperation of the Council with the Ministry of digital transformation of Ukraine, it is planned to resolve the issue of the possibility of notifying the participants of court proceedings about the court hearing through the mobile application "Diia".
This was emphasized by a member of the High Council of Justice Oleh Prudivus during the ІV International scientific and practical conference “Administrative justice in Ukraine: issues of theory and practice”.
Oleh Prudivus noted that suffrage occupies a leading place in the system of political rights of citizens because thanks to them and directly through their practical implementation, the proclaimed principle of democracy is realized.
The HCJ member characterized the forms of protection of suffrage, identified by scientists, and singled out among them one of the most effective and most powerful - judicial protection.
In his opinion, scientific and practical elaboration of the institute of judicial protection of participants in the election process becomes especially relevant in view of the modernization of the election legislation of Ukraine ongoing and the fluidity of social and political processes due to European integration aspirations and democratization of state life. Under such conditions, the exercise of the right to judicial protection of participants in the election process is one of the most important constitutional guarantees.
“According to statistics data for a year and a half (from January 2019 till the middle of 2020), administrative courts have heard more than 20,000 cases related to the election process. These numbers show the important role and paramount importance of administrative courts in protecting the suffrage of citizens, as it is the administrative courts that act as an effective guarantor of the observance of the constitutional rights of participants in the election process”, – noted the HCJ member.
14. Procedure for seconding judges to two courts has begun
The High Council of Justice according to decisions of July 1, 2021 No. 1447/0/15-21 and No. 1448/0/15-21 announces the beginning of the procedure for seconding judges to another court of the same level and specialization for administering justice, namely to:
- Luhynskyi district court of Zhytomyr region – 1 judge;
- Talnivskyi district court of Cherkasy region – 2 judges.
Judges who expressed the wish to be seconded to the mentioned courts must submit documents to the High Council of Justice within ten days (from the date of the announcement of the beginning of the procedure for seconding judges).