With regard to the restoration of the plenipotentiary composition of the HQCJ of Ukraine, the HCJ handed over to the Commission 18 materials on secondment and 2 materials on early termination of secondment of judges that were under consideration by the HCJ and the consideration of which has not been completed.
In the absence of the authorized composition of the HQCJ of Ukraine, the HCJ took decisions without recommendation or submission of the Commission, in particular, on the secondment of a judge to another court of the same level and specialization, and on the early termination of the secondment of a judge.
The HCJ congratulated the newly elected members of the HQCJ of Ukraine
The Chairman of the HCJ Hryhorii Usyk on behalf of the entire composition of the High Council of Justice congratulated the newly appointed members of the HQCJ of Ukraine who successfully passed all the stages of the competition.
He noted that the work in the restored body of the judicial governance will be no less difficult challenging than the competition itself.
“The judiciary and society put their hope on you for the renewal of the corps of judges. Such tasks are set before the HQCJ as the selection of judges, qualification assessment and conducting competitions for judges of courts of appeal and the High Court on Intellectual Property,” said the head of the HCJ.
The HCJ dismissed 11 judges on general grounds
On June 6, 2023 the HCJ took decision to dismiss five judges under submission of application for resignation – one judge of the Supreme Court and four judges of courts of appeal, in particular:
- Zolotnikov Oleksandr Serhiiovych – from the office of judge of the Supreme Court;
- Bershov Hennadii Yevhenovych and Hryhorov Andrii Mykolaiovych – from the office of judges of the Second administrative court of appeal;
- Shyrokopoias Yurii Vasylovych – from the office of judge of Zhytomyr court of appeal;
- Kotsiurba Oleksandr Petrovych – from the office of judge of Kyiv court of appeal.
In connection with the submission of an application for dismissal of his own free will, Rybak Mykyta Anatoliiovych was dismissed from the office of judge of the Shevchenkivskyi district court of the city of Kyiv.
On June 8, 2023 the HCJ decided to dismiss:
- Moroz Larysa Leontiivna and Storozhenko Serhii Oleksandrovych – from the office of judges of the Supreme Court;
- Berezhna Svitlana Volodymyrivna – from the office of judge of Zhytomyr court of appeal;
- Kryvych Zhanna Oleksiivna – from the office of judge of the Avtozavodskyi district court of the city of Kremenchuk of Poltave region.
- Borodavka Kateryna Pavlivna was dismissed on her free will from the office of judge the Krasnoarmiiskyi local-district court of Donetsk region.
Activities of the HCJ Secretariat in figures for January – May 2023
2484 appeals from citizens and 215 requests for information were considered by employees of the Secretariat of the High Council of Justice from the beginning of 2023. 1500 appeals from citizens were received to the HCJ hotline at the telephone number: (044) 481-06-26.
Since the beginning of the year, by the Secretariat of the HCJ there were prepared 997 cover letters on sending copies of the acts of the HCJ and its bodies; 2669 copies of the acts of the HCJ, its bodies and members of the HCJ were issued; 9051 pages of draft documents of the HCJ were edited.
168 judges have been dismissed since the beginning of 2023
During January – May, 2023 the HCJ decided to dismiss 168 judges from their positions on general grounds:
- 157 judges were dismissed under submission of applications for resignation;
- 11 judges were dismissed under submission of application for dismissal on free will.
During five months of 2023, the HCJ received 66 notifications on interference in the professional activity of judges regarding administering justice and actions that violate guarantees of independence of judges or undermine the authority of justice.
Taking into account notifications that were received in previous periods, the HCJ has considered 89 notifications from judges since the beginning of this year.
It was emphasized by the Chairman of the High Council of Justice Hryhorii Usyk in an interview with interview with “Dzerkalo tyzhnia”.
He emphasized that the rule of law, justice and the inevitability of punishment should become the cornerstones of Ukrainian statehood.
Hryhorii Usyk is convinced that the vast majority of judges in Ukraine are honest and professional.
“The demand for judges is extremely high and their violations on their part cause a great resonance, undermining the trust of people not only in the court but also in the state. But it is important not to overstep boundaries in defining these expectations. We must ensure that the dignity of those judges who honestly perform their duties is not undermined. And there are a lot of them in the Supreme Court and in the judicial system as a whole,” stated the Chairman of the HCJ.
Hryhorii Usyk emphasized that there should be an inevitable punishment for acts of corruption, any violations of the law by the judges – regardless of the position, person or great respect to that person.
The HCJ has been granted observer status in the European Network of Councils for the Judiciary
The General Assembly of the European Network of Councils for the Judiciary adopted decision on granting observer status to the High Council of Justice. This landmark decision was taken in response to an appeal of the High Council of Justice.
According to Hryhorii Usyk, this decision is extremely important towards the integration of Ukraine into the European Union.
On June 8, 2023, the HCJ adopted a statement on ensuring the independence of judges and the authority of justice.
This was stated by the Chairman of the High Council of Justice Hryhorii Usyk in an interview with interview with “Dzerkalo tyzhnia”.
Hryhorii Usyk noted that the Law of 2021 stopped the disciplinary function of the HCJ, but did not provide for transitional provisions. Thus, for almost two years the mechanism of disciplinary responsibility of judges for violations has not been operating. This led to the accumulation of about 10,000 disciplinary complaints in the HCJ.
On May 30, 2023, the Parliament adopted as a basis the draft law “On making amendments to certain laws of Ukraine regarding the resumption of case consideration on disciplinary responsibility of judges and ensuring the work of the Disciplinary Inspectorate Service of the High Council of Justice”. He emphasized that thorough analytical work on the accumulated disciplinary complaints is ahead of the HCJ.
This decision was taken at the HCJ meeting on June 8, 2023 following the consideration of the proposals of the SJA of Ukraine. Namely, on the reallocation of expenditures according to the codes of economic classification of expenses 2113 “Judicial remuneration”, 2111 “Salary” and 2120 “Accrual for labour remuneration” due to the early termination of the judges' secondment in accordance with the decisions of the HCJ No.495/0/15-23, No.567/0/15-23, No.568/0/15-23, No.569/0/15-23.
Mobile shelters have been placed near one of the courts of the Kherson region
To create safe working conditions, mobile civil protection facilities for employees and visitors of the judicial institution were installed next to one of the Kherson courts. The work was done by the regional military administration.
“The Grand Chamber in such a quantitative composition (21 judges) inefficiently fulfils the duties assigned to it, including the observance of the stability of judicial practice,” Hryhorii Usyk, the Chairman of the HCJ, expressed his personal opinion in іnterview with the publication “Dzerkalo tyzhnia”.
Hryhorii Usyk explained: “Now the Grand Chamber unites five representatives from each jurisdiction of the Supreme Court - administrative, civil, criminal and economic. And, solving the issue of one jurisdiction, others have nothing to do with this at all, because they have a different specialization. And it turns out that these five people, with the help of those members of the GC, whom they will win over to their side, determine the legal position for the judges of the entire judicial system. Not even for the court… It should be admitted that this part of the reform failed.”
The judge of the Desnianskyi district court of Kiev informed the HCJ about the publication of false information that she has citizenship of the russian federation. In addition, the judge informed that a message was received on her phone number in the Telegram messenger about logging into her account from a new device, on which managing of her groups and channels, as well as correspondence in Telegram, would be available.
The HCJ decided to address to the Prosecutor General’s Office on providing information regarding disclosure and investigation of a crime in joint criminal proceedings, entered in the Unified register of pre-trial investigations on the grounds of criminal offenses under Part 1 of Art. 376 of the Criminal Code of Ukraine, on the facts notified by the judge.
On June 9, 2023, the HCJ member Oksana Blazhivska delivered a welcoming speech at the conference “Freedom of Expression for Judges and the Role of Judicial Associations in the Democratic Rule of Law State”, organized by the EU Project Pravo-Justice together with the Directorate of Programme Coordination of the Council of Europe in the framework of the project “Ensuring the effective implementation of the right to a fair trial (Article 6 of the ECHR) in Ukraine”.
More details here.
The HCJ is ready for work with the public to promote legislative initiatives
This was stated by the Chairman of the HCJ, Hryhorii Usyk, in interview with the publication “Dzerkalo tyzhnia”.
The Chairman of the HCJ reminded that the issue of granting the HCJ the right of legislative initiative has been discussed for a long time.
“Unfortunately, the High Council of Justice has only means to influence government decisions and legislation: we provide advisory opinions on draft laws of subjects of legislative initiative. These may or may not be taken into account. But the matter of granting the HCJ the right of legislative initiative has been discussed for a long time. The High Council of Justice could become a professional platform for professional discussion of draft laws within the framework of judicial reform. Where there would certainly be representatives of the legislative and judicial authorities, expert and civil society. And the Parliament would already make its final decision by now. Then it would be possible to talk about minimizing the political influence on the reform," explained the head of the HCJ.